Anti-Doping Regulations, 2015

L.N. 17 of 2015

SPORTS ACT

(CAP. 455)

Anti-Doping Regulations, 2015

IN exercise of the powers conferred by article 6(1)(n) and 53 of

the Sports Act, the Minister of Education and Employment, after

consultation with the Kunsill Malti għall-Isport, has made the

following regulations:-

(1)

The title of these regulations is the Anti-Doping

Regulations, 2015.

(2) These regulations shall come into force on 1 st January, 2015.

(Regulation 15)

ATHLETE SUPPORT PERSONNEL ANTI-DOPING

ACKNOWLEDGMENT AND AGREEMENT

I, as a member of the _______________________ Association

hereby acknowledge and agree as follows

(a) I fully understand the National-Anti-Doping Regulations

and its provisions and consequences of doping.

(b) I consent and agree to comply with and be bound by all the

provisions of the National Anti-Doping Regulations.

(c) I acknowledge and agree that the National Anti-Doping

Organisation has jurisdiction to impose sanctions as provided in the

National Anti-Doping Regulations.

(d) I have read and understand this Acknowledgment and

Agreement.

Name in Full

Signature

Identification Number

Date

ATHLETE’S CONSENT FORM

(a) I hereby acknowledge that I fully understand the National

Anti-Doping Regulations and its provisions and consequences of

doping.

(b) I understand that I should make myself available for

testing both In-Competition and Out-of-Competition in accordance

with the procedures adopted by the National Anti-Doping

Organisation (NADO).

(c) I further understand that failure or refusal to provide a

sample may constitute an anti-doping violation.

(d) I am aware that my Doping Control data will be used in

anti-doping programmes for the detection, deterrence and prevention

of doping.

(e) I understand that withdrawal of my consent to the

processing of my Doping Control data will be construed as a refusal

to participate in anti-doping control procedures mandated by the

National Anti-Doping Regulations and may result in disciplinary and

other sanctions being imposed on me.

(f) By signing this form, I hereby declare that I agree to abide

by the National Anti-Doping Regulations and that I expressly consent

to provide samples for testing as well as consent to the processing of

my Doping Control related data.

Athlete’s Name in Full

Signature

Parent/Guardian’s Name in Full

Signature

(athletes under 18 years of age)

Date of Birth of Athlete

Sport Association

Date

€4.68

In these regulations, unless otherwise specified in the Code

or required by the context

"Act" means the Sports Act;

"ADAMS" means the anti-doping

administration

and

management system maintained by WADA;

"ADC" means the Anti-Doping Commission appointed by the

Minister responsible for Sports to oversee all aspects of the NADO’s

Anti-Doping Programme in accordance with the International Standard

for Testing and Investigations. The Anti-Doping Commission is to

consist of a chairperson and a minimum of three and a maximum of

five other members with expertise in the field of anti-doping;

"administration" means providing, supplying, supervising,

facilitating, or otherwise participating in the use or attempted use by

another person of a prohibited substance or prohibited method.

However, this definition shall not include the actions of bona fide

medical personnel involving a prohibited substance or prohibited

method used for genuine and legal therapeutic purposes or other

acceptable justification and shall not include actions involving

prohibited substances which are not prohibited in out-of-competition

testing unless the circumstances as a whole demonstrate that such

prohibited substances are not intended for genuine and legal

therapeutic purposes or are intended to enhance sport performance;

"adverse analytical finding" means a report from a WADA-

accredited laboratory or other WADA-approved laboratory that,

consistent with the international standard for laboratories and related

technical documents, identifies in a sample the presence of a

prohibited substance or its metabolites or markers, including

elevated quantities of endogenous substances, or evidence of the use

of a prohibited method;

"adverse passport finding" means a report identified in an

adverse passport finding as described in the applicable international

standards;

"anti-doping organisation" means a signatory that is responsible

for adopting regulations for initiating, implementing or enforcing any

part of the control process;

"athlete" means any person who competes in sport at the

international level as defined by each international federation or at

the national level as defined by each national anti-doping

organisation. The ADC has discretion to apply anti-doping

regulations to an athlete who is neither an international-level nor a

national-level athlete, and thus to bring them within the definition of

"Athlete." In relation to athletes who are neither international-level

nor national-level athletes, the ADC may elect to: conduct limited

testing or no testing at all; analyse samples for less than the full menu

of prohibited substances; require limited or no whereabouts

information; or not require advance TUEs. However, if an anti-doping

rule violation under regulations 3(2)(a), (c), or (e) is committed by

any athlete over whom the ADC has authority who competes below

the international or national level, then the consequences set forth in

these regulations must be applied. For the purposes of regulations

3(2)(i) and (j) (except regulation 15(7)), and for the purposes of anti-

doping information and education, any person who participates in

sport under the authority of any signatory, government, or other

sports organisation accepting the Code, is an athlete;

"athlete biological passport" means the program and methods of

gathering and collating data as described in the International Standard

for Testing and Investigations and international standard for

laboratories.

"athlete support personnel" means coach, trainer, manager,

agent, team staff, official, medical, paramedical personnel, parent or

any other person working with, treating or assisting an athlete

participating in or preparing for sports competition;

"attempt" means purposely engaging in conduct that constitutes

a substantial step in a course of conduct which could or did

culminate in the commission of an anti-doping rule violation;

provided, however, that there shall be no anti-doping rule violation

based solely on an attempt to commit a violation if the person

renounces the attempt prior to it being discovered by a third party not

involved in the attempt;

"atypical finding" means a report from a WADA-accredited

laboratory or other WADA-approved laboratory which requires

further investigation as provided by the international standard for

laboratories or related technical documents prior to the

determination of an adverse analytical finding;

"CAS" means the Court of Arbitration of Sport;

"Code" means the World Anti-Doping Code first adopted by

WADA on 5 March, 2003, and any other subsequent amendments * ;

"competition" means a single race, match, game or singular

sport contest. For stage races and other sport contests where

prizes are awarded on a daily or other interim basis the distinction

between a competition and an event will be as provided in the

regulations of the applicable International Federation;

"consequences of anti-doping regulations violations" or

"consequences" means an athlete’s or other person’s violation of an

anti-doping rule that may result in any of disqualification,

ineligibility, provisional suspension, financial consequences or public

disclosure;

"contaminated product" means a product that contains a

prohibited substance that is not disclosed on the product label or in

information available in a reasonable Internet search.

"the Council" means the Kunsill Malti għall-Isport established

according to article 4 of the Act;

"disqualification" means the athlete’s results in a particular

competition or event are invalidated, with all resulting consequences

including forfeiture of any medals, points and prizes;

"doping" means the occurrence of one or more of the anti-

doping rule violations mentioned in regulation 3;

"doping control" means all steps and processes from test

distribution planning to ultimate disposition of any appeal including

where applicable all steps and processes in between, including

* * http://www.wada-ama.org/

provision of whereabouts information, sample collection and

handling, laboratory analysis, TUEs, results management and

hearings;

"event" means a series of individual competitions conducted

together under one ruling body;

"event venues" means those venues so designated by the ruling

body for the event;

"event period" means the time between the beginning and end of

an event, as established by the ruling body of the event;

"fault" means any breach of duty or any lack of care appropriate

to a particular situation. Factors to be taken into consideration in

assessing an athlete or other person’s degree of fault include, the

athlete’s or other person’s experience, whether the athlete or other

person is a minor, special considerations such as impairment, the

degree of risk that should have been perceived by the athlete and the

level of care and investigation exercised by the athlete in relation to

what should have been the perceived level of risk. In assessing the

athlete’s or other person’s degree of fault, the circumstances

considered must be specific and relevant to explain the athlete’s or

other person’s departure from the expected standard of behaviour;

"financial consequences" means a financial sanction imposed

for an anti-doping rule violation or to recover costs associated with an

anti-doping rule violation;

"illicit use" means the utilisation, application, ingestion,

injection or consumption by any means whatsoever of any prohibited

substance or prohibited method;

"in-competition" means the period commencing twelve hours

before a competition in which the athlete is scheduled to participate

through the end of such competition and the sample collection

process related to such competition unless provided otherwise in the

regulations of an international federation or the ruling body of the

event in question;

"independent observer program" means a team of observers,

under the supervision of WADA, who observe and provide guidance

on the doping control process at certain events and report on their

observations;

"individual sport" means any sport that is not a team sport;

"ineligibility" means the athlete or other person is barred on

account of an anti-doping rule violation for a specified period

of time from participating in any competition or another activity

or funding as provided under regulation 11(20). Such athlete or

person may not train, take part in exhibitions or competition, organised

by his or her national association, a club which is a member of the

national association, the international federation in which his or her

national association is a member, or a foreign national association or

their clubs. Furthermore, such athlete or person may not during a

period of ineligibility serve as an official, director, officer, employee,

or volunteer of the organisations described in this paragraph, and may

not engage in any other sporting discipline;

"international event" means an event or competition where an

international sport organisation is the ruling body for the event or

appoints the technical officials for the event;

"international-level athlete" means an athlete who compete in

sport at the international level, as defined by each international

federation, consistent with the International Standard for Testing and

Investigations;

"international standard" means a standard adopted by WADA in

support of the Code. Compliance with an international standard as

opposed to another alternative standard, practice or procedure shall be

sufficient to conclude that the procedures addressed by the

international standard were performed properly. International

standards shall include any technical documents issued pursuant to

the international standard;

"major event organisations" means continental associations of

national olympic committees and other international multi-sport

organisations that function as the ruling body for any continental,

regional or other international event;

"marker" means a compound, group of compounds, or

biological variables that indicate the use of a prohibited substance

or of a prohibited method;

"metabolite" means any substance produced by a bio-

transformation process;

"minor" means a natural person who has not reached the age of

eighteen years;

"national anti-doping appeal panel" means the panel appointed

by the government or by the Council to adjudicate on appeals from

decisions of the national anti-doping disciplinary panel;

"national anti-doping disciplinary panel" means the panel

appointed by government or by the Council to adjudicate on alleged

violations of these regulations, unless the CAS is preferred;

"national anti-doping organisation" means the entity or entities

designated by each country as possessing the primary authority and

responsibility to adopt and implement anti-doping regulations, direct

the collection of samples, the management of test results, and the

conduct of hearings, at the national level. For the purposes of these

regulations, the ADC is the designated entity;

"national association" means a national entity which is

registered and recognised by the Council as the entity governing sport

in Malta;

"national event" means a sport event or competition involving

international or national-level athletes that is not an international

event;

"national-level athlete" means an athlete who competes in sport

at the national level, as defined by each national anti-doping

organization, consistent with the International Standard for Testing and

Investigations;

"National Olympic Committee" means the

organisation

recognised by the International Olympic Committee;

"no fault or negligence" means the athlete’s or other person’s

establishing that he did not know or suspect, and could not

reasonably have known or suspected even with the exercise of utmost

caution, that he had illicitly used or been administered the prohibited

substance or a prohibited method or otherwise violated an anti-doping

rule. Except in the case of a minor, for any violation under regulation

3(2)(a), the athlete must also establish how the prohibited substance

entered his system;

"no significant fault or negligence" means the athlete’s or other

person’s establishing that his fault or negligence, when viewed in the

totality of the circumstances and taking into account the criteria for

no fault or negligence, was not significant in relationship to the anti-

doping rule violation. Except in the case of a minor, for any violation

under regulation 3(2)(a), the athlete must also establish how the

prohibited substance entered his system;

"out of competition" means any period which is not in-

competition;

"participant" means any athlete or athlete-support personnel;

"person" means a natural person or an organisation or other

entity;

"possession" means the actual, physical possession, or the

constructive possession, which shall be found only if the person has

exclusive control or intends to exercise control over the prohibited

substance or over the prohibited method or the premises in which a

prohibited substance or prohibited method exists

Provided that if the person does not have exclusive control

over the prohibited substance or over the prohibited method or the

premises in which a prohibited substance or prohibited method exists,

constructive possession shall only be found if the person knew about

the presence of the prohibited substance or prohibited method and

intended to exercise control over it

Provided further that there shall be no anti-doping rule

violation based solely on possession if, prior to receiving notification

of any kind that the person has committed an anti-doping rule

violation, the person has taken concrete action demonstrating that the

person never intended to have possession and has renounced

possession by explicitly declaring it to the National Anti-Doping

Organisation

Provided also that notwithstanding anything to the

contrary in this definition, the purchase, including by any electronic

or other means, of a prohibited substance or prohibited method

constitutes possession by the person who makes the purchase;

"prohibited list" means the WADA list identifying the

prohibited substances and the prohibited methods as adjourned from

time to time;

"prohibited method" means any method so described on the

prohibited list;

"prohibited substance" means any substance, or class of

substances, so described on the prohibited list;

"provisional hearing" means an expedited abbreviated hearing

occurring prior to a hearing under regulation 9 that provides the

athlete with notice and an opportunity to be heard in either written or

oral form;

"provisional suspension" means the athlete or other person

being barred temporarily from participating in any competition or

activity prior to the final decision at a hearing conducted under

regulation 9;

"publicly disclose" or "publicly report" means to disseminate or

distribute information to the general public or persons beyond those

persons entitled to earlier notification in accordance with the relevant

provisions of the Code;

"registered testing pool" means the pool of highest-priority

athletes established separately at the international level by

international federations and a t t h e national level by national anti-

doping organisations, subject to focused in-competition and out-of-

competition testing as part of that international federation’s or

national anti-doping organisation’s test distribution plan and therefore

are required to provide whereabouts information as provided in

regulation 6(18) and the International Standard for Testing and

Investigations;

"sample" or "specimen" means any biological material for the

purposes of doping control;

"signatories" means those entities signing the Code and

agreeing to comply with the Code;

"specified substance" shall have the same meaning as that given

under regulation 5(3);

"strict liability" means the rule which provides that under

regulations 3(2)(a) and (b), it is not necessary that intent, fault,

negligence, or knowing use on the athlete’s part be demonstrated by

the anti-doping organisation in order to establish an anti-doping rule

violation.

"substantial assistance" means a person providing assistance

that fully discloses in a signed written statement all information such

person possesses in relation to anti-doping violations and fully

cooperates with the investigation and adjudication of any case related

to that information, and shall include the presenting of testimony at a

hearing if so requested by an anti-doping organisation or a hearing

panel. The information provided shall be credible and shall comprise

an important part of any case which is initiated or, if no case is

initiated, shall have provided a sufficient basis on which a case could

have been brought;

"tampering" means altering for an improper purpose or in an

improper way, bringing improper influence to bear, interfering

improperly, obstructing, misleading or engaging in any fraudulent

conduct to alter results or prevent normal procedures from occurring;

"target testing" means the selection of specific athletes for

testing based on criteria set forth in the International Standard for

Testing and Investigations;

"team sport" means a sport in which the substitution of players

is permitted during a competition;

"testing" means the parts of the doping control process

involving test distribution planning, sample collection, sample

handling, and sample transport to the laboratory;

"trafficking" means selling, giving, transporting, sending,

delivering or distributing, or possessing for any such purpose, a

prohibited substance or prohibited method either physically or by any

electronic or other means by an athlete, athlete support person or any

other person subject to the jurisdiction of an anti-doping organisation

to any third party; provided, however, this definition shall not

include the actions of bona fide medical personnel involving a

prohibited substance used for genuine and legal therapeutic purposes

or other acceptable justification, and shall not include actions

involving prohibited substances which are not prohibited in out-of-

competition testing unless the circumstances as a whole

demonstrate such prohibited substances are not intended for

genuine and legal therapeutic purposes or are intended to enhance

sport performance;

"TUE" means therapeutic use exemption;

"UNESCO Convention" means the International Convention

against Doping in Sport adopted by the 33rd session of the UNESCO

General Conference on 19 October, 2005 including all the

amendments adopted by the State Parties to the Convention and the

Conference of Parties to the International Convention against Doping

in Sport;

"use" means the utilization, application, ingestion, injection, or

consumption by any means whatsoever of any prohibited substance or

prohibited method;

"WADA" means the World Anti-Doping Agency, being a

foundation constituted under the Swiss Civil Code in Lausanne on 10

November, 1999 and any National Anti-Doping Organisation

contracted by WADA.

(1)

Hearings in doping cases will proceed based on the

assertion that one or more of the specific rules in this regulation have

been violated. Athletes or other persons shall be responsible for

knowing what constitutes an anti-doping rule violation and the

substances and methods which have been included on the Prohibited

(2) The following constitute anti-doping rule violations

(a)

the presence of a prohibited substance or its

metabolites or markers in an athlete’s sample

(i) it is each athlete’s personal duty to ensure that

no prohibited substance enters his or her body. Athletes are

responsible for any prohibited substance or its metabolites

or markers found to be present in their samples.

Accordingly, it is not necessary that intent, fault,

negligence or knowing use on the Athlete’s part be

demonstrated in order to establish an anti-doping rule

violation under sub-regulation (2)(a);

(ii) sufficient proof of an anti-doping rule

violation under sub-regulation (2)(a) is established by any

of the following

(aa) presence of a prohibited substance or its

metabolites or markers in the athlete’s A sample

where the athlete waives analysis of the B sample

and the B sample is not analysed; or

(bb) where the athlete’s B sample is analysed

and the analysis of the athlete’s B sample confirms

the presence of the prohibited substance or its

metabolites or markers found in the athlete’s A

sample; or

(cc) where the athlete’s B sample is split into

two bottles and the analysis of the second bottle

confirms the presence of the prohibited substance or

its metabolites or markers found in the first bottle;

(iii) the ADC may furthermore, in its discretion,

choose to have the B sample analysed even if the athlete

does not request the analysis of the B sample;

(iv) excepting those substances for which a

quantitative threshold is specifically identified in the

prohibited list, the presence of any quantity of a prohibited

substance or its metabolites or markers in an athlete’s

sample shall constitute an anti-doping rule violation;

(v) as an exception to the general rule of sub-

regulations (2)(a)(i) to (iv) the prohibited list or

international standards may establish special criteria for

the evaluation of prohibited substances that can also be

produced endogenously;

(b)

the use or attempted use by an athlete of a

prohibited substance or a prohibited method

(i) it is each athlete’s personal duty to ensure that

no prohibited substance enters his or her body and that no

prohibited method is used. Accordingly, it is not necessary

that intent, fault, negligence or knowing use on the

athlete’s part be demonstrated in order to establish an anti-

doping rule violation for use of a prohibited substance or a

prohibited method;

(ii) the success or failure of the use or attempted

use of a prohibited substance or prohibited method is not

material. It is sufficient that the prohibited substance or

prohibited method was used or attempted to be used for an

anti-doping rule violation to be committed;

(iii) the use or attempted use by an athlete of a

prohibited substance under this sub-regulation may be

established by reliable means such as admissions by the

athlete, witness statements, documentary evidence,

conclusions drawn from longitudinal profiling, including

data collected as part of the athlete biological passport, or

other analytical information which does not otherwise

satisfy the requirements to establish the presence of a

prohibited substance under sub-regulation 2(a);

(c)

evading sample collection, or without compelling

justification, refusing or failing to submit to sample collection

after notification as authorised in these regulations

Provided that, ‘evading sample collection’ shall also be

achieved if it is established that an athlete was deliberately

avoiding a doping control official to evade notification or

testing;

(d)

any combination of three missed tests and/or filing

failures, as defined in the International Standard for Testing and

Investigations, within a twelve-month period by an athlete in a

registered testing pool;

(e)

tampering or attempted tampering with any part of

doping control, being conduct which subverts the doping

control process but which would not otherwise be included in

the definition of prohibited methods. ‘Tampering’ shall include,

without limitation, intentionally interfering or attempting to

interfere with a doping control official, providing fraudulent

information to the ADC or any other anti-doping organisation or

intimidating or attempting to intimidate a potential witness;

(f)

possession by an athlete in-competition of any

prohibited substance or any prohibited method, or possession by

an athlete out-of-competition of any prohibited substance or any

prohibited method which is prohibited out-of-competition

unless the athlete establishes that the possession is consistent

with a TUE granted in accordance with regulation 5(5) et

sequitur or other acceptable justification;

(g)

possession by an athlete support person in-

competition of any prohibited substance or any prohibited

method, or possession by an athlete support person out-of-

competition of any prohibited substance or any prohibited

method which is prohibited out-of-competition in connection

with an athlete, competition or training, unless the athlete

support person establishes that the possession is consistent with

a TUE granted to an athlete in accordance with regulation 5(5)

et sequitur or other acceptable justification;

(h)

trafficking or attempted trafficking

in

any

prohibited substance or prohibited method;

(i)

administration or attempted administration to any

athlete in-competition of any prohibited substance or prohibited

method, or administration or attempted administration to any

athlete out-of-competition of any prohibited substance or any

prohibited method that is prohibited out-of-competition;

(j)

assisting, encouraging, aiding, abetting, conspiring,

covering up or any other type of intentional complicity

involving an anti-doping rule violation, attempted anti-doping

rule violation or violation of regulation 11(20) by another

person;

(k)

association by an athlete or other person subject to

the authority of the ADC or any anti-doping organisation in a

professional or sport-related capacity with any athlete support

person who

(i) if subject to the authority of the ADC or any

anti-doping organisation, is serving a period of

ineligibility; or

(ii) if not subject to the authority of the ADC or

any anti-doping organisation, and where ineligibility has

not been addressed in a results management process

pursuant to the Code, has been convicted or found in a

criminal, disciplinary or professional proceeding to have

engaged in conduct which would have constituted a

violation of anti-doping rules if Code-compliant rules had

been applicable to such person. The disqualifying status of

such person shall be in force for the longer of six years

from the criminal, professional or disciplinary decision or

the duration of the criminal, disciplinary or professional

sanction imposed; or

(iii) is serving as a front or intermediary for an

individual described in sub-regulations (k)(i) and (ii)

Provided that it is necessary that the athlete or

other person has previously been advised in writing by the

ADC, or by WADA, of the athlete support person’s

disqualifying status and the potential consequence of

prohibited association and that the athlete or other person

can reasonably avoid the association;

(iv) the ADC shall use reasonable efforts to

advise the athlete support person who is the subject of the

notice to the athlete or other person that the athlete support

person may, within 15 days, come forward to the ADC to

explain that the criteria described in sub-regulations (k)(i)

and (ii) do not apply to him or her;

(v) notwithstanding the provisions of regulation

17, this regulation applies even when the athlete support

person’s disqualifying conduct occurred prior to the first of

January 2015;

(vi) the burden shall be on the athlete or other

person to establish that any association with athlete

support personnel described in sub-regulations (k)(i) and

(ii) is not in a professional or sport related capacity;

(vii) The

ADC

shall

be

bound

to

submit

information relating to athlete support personnel who meet

the criteria described in sub-regulations (k)(i) to (iii) to

WADA.

(1)

The ADC and, or, the national associations shall Proof of doping.

have the burden of establishing whether an anti-doping rule violation

has occurred. The ADC shall have its own disciplinary tribunal for

the determination of such violation, which national associations may

avail themselves of if the latter do not have their own disciplinary

tribunal. A violation of these regulations shall be established if the

ADC and, or, national association can prove to the comfortable

satisfaction of the disciplinary tribunal, bearing in mind the

seriousness of the allegation that is made, that any one of the

provisions of regulation 3 has been violated. This degree of proof in

all cases is greater than a mere balance of probability but less than

proof beyond a reasonable doubt. Where these regulations place the

burden of proof upon the athlete or other person alleged to have

committed an anti-doping rule violation to rebut a presumption or

establish specified facts or circumstances, the degree of proof shall be

by a balance of probability.

(2) Facts related to anti-doping rule violations may be

established by any reliable means, including admissions, the credible

testimony of third persons, reliable documentary evidence, reliable

analytical data from either an A or B sample, or conclusions drawn

from the profile of a series of the athlete’s blood or urine samples,

such as data from the athlete biological passport. The following rules

of proof shall be applicable in doping cases

(a)

analytical methods or decision limits approved by

WADA after consultation within the relevant scientific

community and which have been the subject of peer review are

presumed to be scientifically valid. Any athlete or other person

seeking to rebut this presumption of scientific validity shall, as a

condition precedent to any such challenge, first notify the ADC

and WADA of the challenge and the basis of the challenge.

CAS, on its own initiative, may also inform the ADC or WADA

of any such challenge. At WADA’s request, the CAS panel shall

appoint an appropriate scientific expert to assist the panel in its

evaluation of the challenge. Within ten days of WADA’s receipt

of such notice, and WADA’s receipt of the CAS file, WADA

shall also have the right to intervene as a party, appear amicus

curiae or otherwise provide evidence in such proceeding. If the

ADC has been notified before WADA of such challenge then

the ADC shall be bound to notify WADA immediately. Any

pending disciplinary proceedings against any athlete or other

person who challenges the presumption of scientific validity,

initiated by the ADC shall be suspended until CAS decides on

such challenge;

(b)

WADA-accredited

laboratories,

and

other

laboratories approved by WADA, are presumed to have

conducted sample analysis and custodial procedures in

accordance with the international standard for laboratories. The

athlete or other person may rebut this presumption by

establishing that a departure from the international standard for

laboratories occurred which could reasonably have caused the

adverse analytical finding. If the athlete or other person rebuts

the preceding presumption by showing that a departure from the

international standard for laboratories occurred which could

reasonably have caused the adverse analytical finding, then the

ADC shall have the burden to establish that such departure did

not cause the adverse analytical finding;

(c)

departures from any other international standard or

other anti-doping rule or policy set forth in the Code or in these

regulations which did not cause an adverse analytical finding or

other anti-doping rule violation shall not invalidate such

evidence or results. If the athlete or other person establishes a

departure from another international standard or other anti-

doping rule or policy which could reasonably have caused an

anti-doping rule violation based on an adverse analytical

Finding or other anti-doping rule violation, then the ADC shall

have the burden to establish that such departure did not cause

the adverse analytical finding or the factual basis for the anti-

doping rule violation;

(d)

the facts established by a decision of a court or

professional disciplinary tribunal of competent jurisdiction

which is not the subject of a pending appeal shall be irrebuttable

evidence against the athlete or other person to whom the

decision pertained of those facts unless the athlete or other

person establishes that the decision violated principles of

natural justice; and

(e)

the hearing panel in a hearing on an anti-doping

rule violation may draw an inference adverse to the athlete or

other person who is asserted to have committed an anti-doping

rule violation based on the athlete’s or other person’s refusal,

after a request made in a reasonable time in advance of the

hearing, to appear at the hearing, either in person or

telephonically as directed by the hearing panel, and to answer

questions from the hearing panel or the ADC or national

association asserting the anti-doping rule violation.

(1)

These anti-doping regulations incorporate the Prohibited list.

prohibited list which is published by WADA as described in article

4.1 of the Code. The ADC will publish such revised lists in the

Government Gazette and further make the current prohibited list

available to each national association, and each national association

shall ensure that the current prohibited list is available to its

registered members.

(2) Unless provided otherwise in the prohibited list, and, or a

revision, the prohibited list and revisions shall go into effect under

these regulations three months after publication of the prohibited list

by WADA without requiring any further action by the ADC. The

ADC shall also publish the prohibited list and, or, revision and, or

updates in the Government Gazette.

(3) For purposes of the application of sanctions on individuals,

all prohibited substances shall be specified substances except

substances in the classes of anabolic agents and hormones and those

stimulants and hormone antagonists and modulators so identified on

the prohibited list. The category of specified substances shall not

include prohibited methods.

Provided that in the event WADA expands the prohibited

list by adding a new class of prohibited substances in accordance with

article 4.1 of the Code, WADA’s executive committee shall determine

whether any or all prohibited substances within the new class of

prohibited substances shall be considered specified substances under

article 4.2.2 of the Code.

(4) As provided in article 4.3.3 of the Code, WADA’s

determination of the prohibited substances and prohibited methods

that will be included on the prohibited list, the classification of

substances into categories on the prohibited list, and the classification

of a substance as prohibited at all times or in-competition only, is

final and shall not be subject to challenge by an athlete or other

person based on an argument that the substance or method was not a

masking agent or did not have the potential to enhance performance,

represent a health risk or violate the spirit of sport.

(5) The presence of a prohibited substance or its metabolites Therapeutic use

or markers, and/or the use or attempted use, possession or exemptions.

administration or attempted administration of a prohibited substance

or prohibited method shall not be considered an anti-doping rule

violation if it is consistent with the provisions of a TUE granted in

accordance with the international standard for therapeutic use

exemptions.

(6) An athlete who is not an international-level athlete must

obtain a TUE granted or recognised by the ADC. The application for

a TUE must be made as soon as possible, in the case of an athlete in

the registered testing pool this would be when such athlete is first

notified of being included in the pool, and in any event, save in

emergency situations, no later than thirty days before the athlete’s

participation in the event.

(7) The ADC shall delegate such authority to a panel of

specialists to consider requests for TUEs, hereinafter the "TUE

Committee". Upon the ADC’s receipt of a TUE request, the Chairman

of the TUE Committee shall appoint one or more members of the

TUE Committee, which may include the Chairman, to consider such

request. Any TUE Committee member so designated shall promptly

evaluate such request in accordance with the international standard

for TUEs and forward a decision on such requests, which shall be the

final decision of the ADC. If the ADC denies the application, the

athlete may appeal exclusively to the national anti-doping appeals

panel.

(8) An athlete who is an international-level athlete shall apply

to his or her international federation for a TUE.

Provided that

(a)

Where the athlete already has a TUE granted by the

ADC for the substance or method in question, if that TUE meets

the criteria set out in the international standard for TUE, then

such TUE shall be recognised by the athlete’s international

federation. If the international federation considers that the TUE

does not meet those criteria and so refuses to recognise it, it

must notify the athlete and the ADC promptly, with reasons.

The Athlete or the ADC shall have twenty-one days from such

notification to refer the matter to WADA for review. If the

matter is referred to WADA for review, the TUE granted by the

ADC remains valid for national-level competition and out-of-

competition testing, but is not valid for international-level

competition, pending WADA ’s decision. If the matter is not

referred to WADA for review, the TUE becomes invalid for any

purpose when the 21-day review deadline expires;

(b)

if the athlete does not already have a TUE granted

by the ADC for the substance or method in question, the athlete

must apply directly to his or her international federation for a

TUE as soon as the need arises. If the international federation,

or the ADC, where it has agreed to consider the application on

behalf of the international federation, denies the athlete’s

application, it must notify the athlete promptly, with reasons. If

the international federation grants the athlete’s application, it

must notify not only the athlete but also the ADC, and if the

ADC considers that the TUE does not meet the criteria set out in

the international standard for TUEs, it has twenty-one days from

such notification to refer the matter to WADA for review. If the

ADC refers the matter to WADA for review, the TUE granted by

the international federation remains valid for international-level

competition and out-of-competition testing, but is not valid for

national-level Competition pending WADA’s decision. If the

ADC does not refer the matter to WADA for review, the TUE

granted by the international federation becomes valid for

national-level competition as well when the 21-day review

deadline expires.

(9) The ADC shall have the right to collect a sample from a

person who is not an international-level or national-level athlete.

Should that person be using a prohibited substance or prohibited

method for therapeutic reasons, the ADC shall permit him or her to

apply for a retroactive TUE.

(10) The ADC shall have the right to ask WADA to review an

international federation’s decision to grant a TUE. WADA may

review any other TUE decisions at any time, whether upon request by

those affected or on its own initiative. If the TUE decision does not

meet the criteria set out in the international standard for TUEs in

force at the time, WADA may reverse that decision.

(11) Any TUE decision by an international federation, or by the

ADC where it has agreed to consider the application on behalf of an

international federation, that is not reviewed by WADA, or that is

reviewed by WADA but is not reversed upon review, may be appealed

by the athlete and, or the ADC, exclusively to CAS.

(12) A decision by WADA to reverse a TUE decision may be

appealed by the Athlete, the ADC and, or the international federation

affected, exclusively to CAS.

(13) A failure to take action within a reasonable time on a

properly submitted application for grant or recognition of a TUE or

for review of a TUE decision shall be considered a denial of the

application.

(1)

Testing and investigations shall only be undertaken Testing and

investigations.

for anti-doping purposes.

(2) Testing shall be undertaken to obtain analytical evidence

as to the athlete’s compliance, or non-compliance, with the strict

Code prohibition on the presence or use of a prohibited substance or

prohibited method.

(3) Investigations shall be undertaken

(a)

in relation to atypical findings and adverse passport

findings, in accordance with regulations 6(4) and 6(5)

respectively, gathering intelligence or evidence, including, in

particular, analytical evidence in order to determine whether an

anti-doping rule violation has occurred under regulations

3(2)(a) and, or 3(2)(b); and

(b)

in relation to other indications of potential anti-

doping rule violations, in accordance with regulations 6(6) and

6(7), gathering intelligence or evidence, including, in particular,

non-analytical evidence, in order to determine whether an anti-

doping rule violation has occurred under any of regulations

3(2)(b) to (k).

(4) Any athlete may be required to provide a sample at any

time and at any place by any anti-doping organisation with testing

authority over him or her. Subject to the jurisdictional limitations for

event testing set out in sub-regulation (6).

(5) All athletes affiliated with a national association shall be

subject to in-competition testing by the athlete’s national association,

international federation, the ADC, national organisations, major event

organisations for their events, including the International Olympic

Committee and the International Paralympic Committee and any

other anti-doping organisation responsible for testing at a competition

or event in which they participate. All athletes affiliated with a

national association, including athletes, who have not retired, or are

serving to a period of ineligibility or a provisional suspension, shall

also be subject to out-of-competition testing at any time or place, with

or without advance notice, by the athlete’s national association,

international federation, WADA, the ADC, the national-anti-doping

organisation of any country where the athlete is national, resident,

licence-holder, or member of sport organisation, major event

organisations for their future events, including the international

Olympic committee during the olympic games, and the international

paralympic committee during the paralympic games.

(6) The ADC, or national association, shall also carry out

testing, or collect samples, if it has been delegated, or has been

contracted, to do so by an international federation or major event

organisation, at its own expense. The ADC shall notify the

responsible international federation or major event organisation of

such testing or sample collection. The ADC, or national association,

may be conferred additional authority to conduct testing by means of

bilateral or multilateral agreements with other signatories of the

Code

Provided that unless the athlete has identified a sixty (60)

minute testing window, or otherwise consented to testing, between the

hours of 11:00 p.m. and 06:00 a.m., the ADC may not carry out

testing during this time period unless it has serious and specific

suspicion that the athlete may be engaged in doping. However,

notwithstanding this proviso, a challenge to whether the ADC had

sufficient suspicion for testing during this time period shall not be a

defence to an anti-doping rule violation based on such test or

attempted test.

(7) Except as otherwise provided below, only a single

organisation should be responsible for initiating and directing testing

at event venues during an event period. At international events, the

collection of samples shall be initiated and directed by the

international organisation which is the ruling body for the event. At

national events, the collection of samples shall be initiated and

directed, either by the ADC, or the national association, which is the

ruling body for the event. Any testing during the event period outside

of the event venues shall be coordinated with that ruling body.

(8) If the ADC desires to conduct testing of athletes at the

event venues during the event period, the anti-doping organisation

shall inform the ruling body of the event that it will conduct and

coordinate such testing.

(9) The ADC shall be responsible to develop and implement a

test distribution plan that prioritises appropriately between sports

disciplines, categories of athletes, types of testing, types of samples

collected, and types of sample analysis, in compliance with the

International Standard for Testing and Investigations. The test

distribution plan shall help WADA establish, by means of a risk

assessment, which prohibited substances and, or prohibited methods

are most likely to be abused in particular sports and sport disciplines.

The ADC shall provide WADA with its current test distribution plan

whenever requested to do so by WADA. Testing may be conducted by

members of the ADC or by other qualified persons so authorised by

the ADC.

(10) Tests requested by the ADC will be funded by the Council.

Other tests carried out in Malta by a national association are to be

notified to the ADC within forty-eight hours prior to such tests being

carried out and further to notify the ADC with the results of such tests

within seven days from receipt in writing.

(11) Where reasonably feasible, testing conducted by the ADC

shall be coordinated through ADAMS or another system approved by

WADA.

(12) Testing conducted by the ADC shall be conducted in

conformity with the International Standard for Testing and

Investigations.

(13) Blood or other non-urine samples may be used either to

detect prohibited substances or prohibited methods or for screening

procedure purposes or for longitudinal haematological profiling, also

known as "the passport". If the blood is collected for screening only,

it will have no other consequences for the athlete other than to

identify such athlete for a urine test under these regulations. In these

circumstances, the ADC may decide at its own discretion which

blood parameters are to be measured in the screening sample and

what levels of those parameters will be used to indicate that an athlete

should be selected for a urine test.

(14) The ADC shall maintain a national level registered testing

pool of those athletes who are required to comply with the

whereabouts requirements in the International Standard for Testing

and Investigations, and shall publish the criteria for athletes to be

included in this registered testing pool as well as a list of athletes

meeting those criteria for the period in question. The ADC shall

review and update as necessary its criteria for including athletes in its

registered testing pool from time to time as appropriate in accordance

with the set criteria. Each athlete in the registered testing pool shall

(a)

advise the ADC of his whereabouts on a quarterly

basis, in the manner set out in article 11.3 of the International

Standard for Testing and Investigations;

(b)

shall update that information as necessary, in

accordance with article 11.4.2 of the International Standard for

Testing and Investigations, so that it remains accurate and

complete at all times;

(c)

shall make himself available for Testing at such

whereabouts, in accordance with article 11.4 of the International

Standard for Testing and Investigations; and

(d)

An athlete’s failure to advise the ADC of his

whereabouts shall be deemed a filing failure for purposes of

regulation 3(2)(d) where the conditions of article 11.3.5 of the

International Standard for Testing and Investigations are met.

(15) An athlete’s failure to be available for testing at his

declared whereabouts shall be deemed a missed test for purposes of

regulation 3(2)(d) where the conditions of article 11.4.3 of the

International Standard for Testing and Investigations are met.

(16) Each national association shall also assist the ADC in

establishing a national level registered testing pool of top level

national athletes to whom the whereabouts requirements of the

International Standard for Testing and Investigations shall also apply.

(17) Whereabouts information provided pursuant to sub-

regulations (14) and (16) shall be shared with WADA and other anti-

doping organisations having jurisdiction to test an athlete in

accordance with articles 11.7.1(d) and 11.7.3(d) of the International

Standard for Testing and Investigations, including the strict condition

that it be used only for doping control purposes.

(18) Athletes who have been included in a registered testing

pool by their international federation and, or the ADC shall provide

whereabouts information in the manner specified in the International

Standard for Testing and Investigations. The international federations

and ADC shall coordinate the identification of such athletes and the

collection of their whereabouts information. Each international

federation and the ADC shall make available, through ADAMS or

another system approved by WADA, a list which identifies those

athletes included in its registered testing pool either by name or by

clearly defined, specific criteria.

(19) The ADC shall notify an athlete prior to being registered in

the registered testing pool and when they are removed from that pool.

The whereabouts information provided by the athlete while in the

registered testing pool will be accessible through ADAMS or another

system approved by WADA, to WADA and to other anti-doping

organisations having authority to test the athlete as provided in sub-

regulation (5). This information shall be maintained in strict

confidence at all times, shall be used exclusively for purposes of

planning, coordinating or conducting doping control, providing

information relevant to the athlete biological passport or other

analytical results, to support an investigation into a potential anti-

doping rule violation, or to support proceedings alleging an anti-

doping rule violation; and shall be destroyed after it is no longer

relevant for these purposes in accordance with the international

standard for the protection of privacy and personal information.

(20) An athlete who has been identified by ADC for inclusion

in the ADC’s registered testing pool shall continue to be subject to

these regulations, including the obligation to comply with the

whereabouts requirements of the International Standard for Testing

and Investigations, unless and until the athlete gives written notice

to ADC that he has retired or until he no longer satisfies the criteria

for inclusion in the ADCs registered testing pool and has been so

informed by ADC.

(21) An athlete who has given notice of retirement to the ADC

may not compete again unless he notifies ADC at least six months

before he expects to return to competition and is available for

unannounced out-of-competition testing, including, if requested,

complying with the whereabouts requirements of the International

Standard for Testing and Investigations at any time during the period

before actual return to competition. WADA, in consultation with the

ADC, may grant an exemption to the six-month written notice rule

where the strict application of that rule would be manifestly unfair to

an athlete. This decision may be appealed by the ADC under

regulation 14. Any competitive results obtained in violation of this

sub-regulation shall be disqualified.

(22) An athlete who has given notice of retirement to the ADC

while subject to a period of ineligibility, may not compete again

unless he notifies the ADC at least six months before he expects to

return to competition, or for the period of ineligibility remaining, if

that period is longer than six months, and is available for

unannounced out-of-competition testing, including, if requested,

complying with the whereabouts requirements of the International

Standard for Testing and Investigations at any time during the period

before actual return to competition.

(23) International federations and the national associations may

establish similar requirements for retirement and returning to

competition for athletes in the international registered testing pool.

(24) At international events in Malta, the international

federation shall determine the number of finishing placement tests,

random tests and target tests to be performed.

(25) In national events, the ADC shall determine the number of

athletes selected for testing in each competition and the procedures

for selecting the athletes for testing and shall include any athlete who

establishes or breaks a world regional or national record.

(26) In addition to the selection procedures set forth in sub-

regulations (24) and (25), the international federation anti-doping

commission at international events, and the ADC at national events,

may also select athletes or teams for target testing so long as such

target testing is not used for any purpose other than legitimate doping

control purposes.

(27) The ADC shall select athletes for out-of-competition

testing. This process will substantially comply with the International

Standard for Testing and Investigations in force at the time of

selection.

(28) The ADC shall ensure that it is able to do each of the

following, as applicable and in accordance with the International

Standard for Testing and Investigations

(a)

obtain, assess and process anti-doping intelligence

from all available sources to inform the development of an

effective, intelligent and proportionate test distribution plan, to

plan target testing, and/or to form the basis of an investigation

into possible anti-doping rule violations; and

(b)

investigate atypical findings and adverse passport

findings, in accordance with regulations 8(4) and (5)

respectively; and

(c)

investigate any other analytical or non-analytical

information or intelligence that indicates possible anti-doping

rule violations, in accordance with regulations 8(6) and (7), in

order either to rule out the possible violation or to develop

evidence that would support the initiation of an anti-doping rule

violation proceeding.

(1)

Samples shall be analysed in accordance with the Testing and

investigations.

following principles

(a)

for the purposes of regulation 3(2), the ADC shall

send samples for analysis only to WADA-accredited or WADA

approved laboratories;

(b)

samples shall be analysed to detect prohibited

substances and prohibited methods identified on the prohibited

list and other substances as may be directed by WADA pursuant

to article 4.5 of the Code, or to assist the ADC in profiling

relevant parameters in an athlete’s urine, blood or other matrix,

including DNA or genomic profiling, or for any other legitimate

anti-doping purpose. The ADC may collect and store samples

for future analysis;

(c)

no sample may be used for research without the

athlete’s written consent. Samples used for purposes other than

regulation 7(1)(b) shall have any means of identification

removed such that they cannot be traced back to a particular

athlete;

(d)

laboratories shall analyse samples and report

results in conformity with the international standard for

laboratories. To ensure effective testing, the technical document

referenced at article 5.4.1 of the Code will establish risk

assessment-based sample analysis menus appropriate for

particular sports and sport disciplines, and laboratories shall

analyse samples in conformity with those menus, except as

follows

(i) the ADC may request that laboratories

analyse its samples using more extensive menus than those

described in the technical document;

(ii) The ADC may request that laboratories

analyse its samples using less extensive menus than those

described in the technical document only if its satisfies

WADA that, because of the particular circumstances of

their country or sport, as set out in their test distribution

plan, less extensive analysis would be appropriate;

(iii) as provided in the international standard for

laboratories, laboratories at their own initiative and

expense may analyse samples for prohibited substances or

prohibited methods not included on the sample analysis

menu described in the technical document or specified by

the testing authority. Results from any such analysis shall

be reported and have the same validity and consequence as

any other analytical result;

(e)

any sample may be subject to further analysis by

the ADC at any time before both the A and B sample analytical

results, or A Sample result where B sample analysis has been

waived or will not be performed, have been communicated by

the ADC to the athlete as the asserted basis for a violation of

regulation 3(2)(a).

Samples may be stored and subjected to further analyses

for the purpose of regulation 7(1)(b) at any time exclusively at

the direction of the anti-doping organisation that initiated and

directed sample collection or WADA. Further analysis of

samples shall conform with the requirements of the

international standard for laboratories and the International

Standard for Testing and Investigations.

Results management for tests initiated by the ADC, Results

including tests performed by WADA pursuant to agreement with the management.

ADC, shall proceed as set forth below

(a)

the results from all analyses must be sent to the

ADC in encoded form, in a report signed by an authorised

representative of the laboratory. All communication must be

conducted in such a way that the results of the analysis are

confidential;

(b)

upon receipt of an adverse analytical finding, the

ADC shall conduct a review to determine whether

(i) an applicable TUE has been granted or will

be granted as provided in the international standard for

TUEs; or

(ii) there is any apparent departure from the

international standards for testing and investigation or

international laboratory analysis that caused the adverse

analytical finding;

(c)

if the review under sub-regulation (1)(b) does not

reveal an applicable TUE or entitlement to a TUE as provided in

the international standard for TUEs, or departure that caused the

adverse analytical finding, the ADC shall promptly notify the

athlete and his national association, in the manner set out in

regulation 15(3) of

(i)

the adverse analytical finding;

(ii) the anti-doping rule violated, or, in a case

under sub-regulations (1)(i) or (1)(j), a description of the

additional investigation to be conducted as to whether

there is an anti-doping rule violation;

(iii) the athlete’s right to promptly request the

analysis of the B sample or, failing such request, that the B

sample analysis may be deemed waived;

(iv) the scheduled date, time and place for the B

sample analysis if the athlete chooses to request an

analysis of the B sample;

(v) the opportunity for the athlete or the athlete’s

representative to attend the B sample opening an analysis

within the time period specified in the international

standard for laboratories if such analysis is requested; and

(vi) the athlete’s right to request copies of the A

and B sample laboratory documentation package which

includes information as required by the international

standard for laboratories;

(d)

where the athlete has been notified of an anti-

doping rule violation that does not result in a mandatory

provisional suspension under sub-regulation (3), the athlete

shall be offered the opportunity to accept a provisional

suspension pending the resolution of the matter;

(e)

arrangements shall be made for testing the B

sample within three weeks of the notification described in sub-

regulation (1)(c). An athlete may accept the A sample analytical

results by waiving the requirement for B sample analysis. The

ADC may nonetheless elect to proceed with the B sample

analysis;

(f)

the athlete or his representative have the right to be

present at the analysis of the B sample at their own cost. A

representative of the athlete’s national association as well as a

representative of the ADC shall also be allowed to be present

but again at their own cost. The athlete shall be informed of the

laboratory, date and time when the B sample shall be analysed;

(g)

if the B sample proves negative, the entire test shall

be considered negative and the athlete, his national association,

and ADC shall be so informed and the investigation and all

procedures closed;

(h)

if a prohibited substance or the use of a prohibited

method is identified, the findings shall be reported to the athlete,

to the athlete’s national association, ADC, and to WADA;

(i)

the ADC shall conduct any follow-up investigations

as may be required by the prohibited list. Upon completion of

such follow-up investigation, the ADC shall promptly notify the

athlete regarding the results of the follow-up investigation and

whether or not the ADC asserts that an anti-doping rule was

violated; and

(j)

for apparent anti-doping rule violations that do not

involve adverse analytical findings, the ADC shall conduct any

necessary follow-up investigations and shall then promptly

notify the athlete of the anti-doping rule which appears to have

been violated, and the basis of the violation. The national

association shall conduct any investigation within a thirty day

period;

(k)

upon receipt of an atypical finding, the ADC shall

conduct a review to determine whether

(i) an applicable TUE has been granted or will

be granted as provided in the International Standard for

Therapeutic Use Exemptions; or

(ii) there is any apparent departure from the

International Standard for Testing and Investigations or

International Standard for Laboratories that caused the

atypical finding;

(l)

if the review under sub-regulation (1)(k) does not

reveal an applicable TUE or departure that caused the atypical

finding, the ADC shall conduct the required investigation. After

the investigation is completed, the athlete and other anti-doping

organisations identified in regulation 15(3) shall be notified

whether or not the atypical finding will be brought forward as

an adverse analytical finding. The athlete shall be notified as

provided in sub-regulation (1)(c);

(m)

the ADC shall not provide notice of an atypical

finding until it has completed its investigation and decided

whether it will bring the atypical finding forward as an adverse

analytical finding unless one of the following circumstances

exists

(i) if the ADC determines the B Sample should

be analysed prior to the conclusion of its investigation

under sub-regulation 1(k), the ADC may conduct the B

Sample analysis after notifying the athlete, with such notice

to include a description of the atypical finding and the

information described in sub-regulations (1)(b)(iv), (v) and

(vi);

(ii) if the ADC receives a request, either from a

major event organisation shortly before one of its

international events or a request from a sport organisation

responsible for meeting an imminent deadline for selecting

team members for an international event, to disclose

whether any athlete identified on a list provided by the

major event organisation or sport organisation has a

pending atypical finding, the ADC shall so identify any

such athlete after first providing notice of the atypical

finding to the athlete;

(n)

review of atypical passport findings and adverse

passport findings shall take place as provided in the

International Standard for Testing and Investigations and

International Standard for Laboratories. At such time as the

ADC is satisfied that an anti-doping rule violation has occurred,

it shall promptly give the athlete notice, according to the

procedure set out in regulation (1)(c), of the anti-doping rule

violated, and the basis of the violation. Other anti-doping

organizations shall be notified as provided in regulation 15(3);

(o)

review of potential filing failures and missed tests

shall take place as provided in the International Standard for

Testing and Investigations. At such time as the international

federation or the ADC is satisfied that an anti-doping rule

violation under regulation 3(2)(d) has occurred, it shall

promptly give the athlete notice, in the manner set out in these

regulations, that it is asserting a violation of regulation 3(2)(d)

and the basis of that assertion. Other anti-doping organisations

shall be notified as provided in regulation 15(3);

(p)

the ADC shall conduct any follow-up investigation

into a possible anti-doping rule violation as may be required

under applicable anti-doping policies and these regulations or

which the ADC otherwise considers appropriate. At such time as

the ADC is satisfied that an anti-doping rule violation has

occurred, it shall promptly give the athlete or other person notice,

in the manner set out in these regulations, of the anti-doping rule

violated, and the basis of the violation. Other anti-doping

organisations shall be notified as provided in regulation 15(3).

(2) Results management and the conduct of hearings from a

test by the major event organisation shall be managed by the

international federation, apart from sanctions beyond disqualification

from the event or the results of the event.

(3) The national association, after consultation with the ADC,

shall temporarily suspend an athlete prior to the opportunity for a full

hearing based on an adverse analytical finding from the athlete’s A

sample or A and B samples and the review described in sub-

regulation (1). In the eventuality of a negative result after B sample

testing, the suspension shall be automatically lifted and the athlete

allowed to compete forthwith.

(4) Where a provisional suspension is imposed on an athlete,

the athlete shall be given either

(a)

a provisional hearing prior to the imposition of the

provisional suspension; or

(b)

a provisional hearing as soon as possible, within

ten days, after the imposition of the provisional suspension.

Extensions may be granted upon written notification; or

(c)

an expedited hearing as soon as possible after the

imposition of the provisional suspension.

(5) All provisional hearings must be conducted in accordance

with the procedure set out in regulation 9.

(6) Where a Provisional Suspension has been imposed in

relation to a doping control officer report or related documentation

showing a possible anti-doping rule violation and the ADC

determines, following the athlete’s submission, that there has been no

anti-doping rule violation, then the provisional suspension shall be

rescinded immediately.

(7) A provisional suspension may be lifted if the athlete

demonstrates during the provisional hearing that the violation is

likely to have involved a contaminated product. A decision by the

panel not to eliminate a provisional suspension on account of the

athlete’s assertion regarding a contaminated product shall not be

appealable.

(8) If the ADC has asserted the commission of an anti-doping

rule violation, withdrawn the assertion of an anti-doping rule violation,

imposed a provisional suspension, or agreed with an athlete or other

person to the imposition of a sanction without a hearing, the ADC shall

immediately inform the athlete’s international federation, national

association, other national anti-doping organisations and WADA.

(9) If an athlete or other person retires while a results

management process is underway, the anti-doping organisation

conducting the results management process retains competence to

complete its results management process. If an athlete or other person

retires before any results management process has begun, the anti-

doping organisation which would have had results management

competence over the athlete or other person at the time the athlete or

other person committed an anti-doping rule violation, shall have

competence to conduct results management.

(1)

It-tmexxija tar-riżultati għal testijiet ordnati mill-

KAD, inklużi testijiet magħmula mill-WADA b’mod konformi mal-

ftehim mal-KAD, għandha tipproċedi kif stipulat hawn taħt

(a)

ir-riżultati tal-analiżi kollha għandhom jintbagħtu

lill-KAD f’forma kodifikata, f’rapport iffirmat minn

rappreżentant awtorizzat tal-laboratorju. Il-komunikazzjonijiet

kollha għandhom isiru b’dak il-mod li r-riżultati tal-analizi

jkunu kunfidenzjali;

(b)

kif tirċievi sejba analitika avversa, il-KAD

għandha tagħmel reviżjoni sabiex tiddetermina jekk

(i) ingħatatx jew ser tingħata TUE applikabbli

hekk kif provdut fl-istandard internazzjonali għal TUEs;

jew

(ii) hemmx xi devjazzjoni evidenti mill-

istandards

internazzjonali

għall-ittestjar

u

l-

investigazzjonijiet

jew

l-analiżi

tal-laboratorji

internazzjonali li kkawżaw is-sejba analitika avversa;

(ċ)

f’każ li r-reviżjoni skont is-subregolament (1)(b)

ma tirrivelax TUE applikabbli jew intitolament għal TUE kif

provdut mill-istandard internazzjonali għal TUEs, jew

devjazzjoni il kkawżat is-sejba analitka avversa, il-KAD

għandha tinnotifika minnufih lill-atleta u lill-assoċjazzjoni

nazzjonali tiegħu kif stabbilit skont ir-regolament 15(3), dwar

(i)

is-sejba analitika avversa;

(ii) ir-regola tal-anti-doping miksura, jew, f’każ

li jaqa’ taħt is-subregolamenti (1)(i) jew (1)(j),

deskrizzjoni tal-investigazzjoni addizzjonali li ser issir

sabiex jiġi determinat jekk hemmx ksur tar-regoli tal-anti-

doping ;

(iii) id-dritt tal-atleta li jitlob minnufih l-analiżi

tal-kampjun B jew, jekk ma ssirx din it-talba, f’dan il-każ

l-analiżi tal-Kampjun B jista’ jiġi kkonsidrat bħala

rrinunzjat;

(iv) id-data, ħin u lok skedati għall-analiżi tal-

kampjun B jekk l-atleta jiddeċiedi li jitlob l-analiżi tal-

kampjun B;

(v) l-opportunità għall-atleta jew ir-rappreżentant

tal-atleta li jattendu għall-ftuh u analiżi tal-kampjun B

f’perjodu ta’ żmien speċifikat fl-Istandard Internazzjonali

għal-Laboratorji jekk dik l-analiżi tintalab;

(vi) id-dritt tal-atleta li jitlob kopji tal-pakkett tad-

dokumentazzjoni tal-laboratorju tal-kampjuni A u B li

jinkludi informazzjoni kif mitlub mill-Istandard

Internazzjonali għal-Laboratorji;

(d)

fejn l-atleta ġie notifikat dwar ksur tar-regoli tal-

anti-doping li ma tirriżultax f’sospensjoni proviżorja

mandatorja taħt is-subregolament (3), l-atleta għandu jingħata l-

opportunita’ jaċċetta sospensjoni proviżorja sakemm il-

kwistjoni tiġi riżolta;

(e)

arranġamenti għandhom isiru għall-ittestjar tal-

kampjun B fi żmien tliet ġimgħat min-notifika deskritta fis-

subregolament (1)(ċ). Atleta jista’ jaċċetta r-riżultati analitiċi

tal-kampjun A billi jirrinunzja l-ħtiġiet tal-analiżi tal-Kampjun

B. Madankollu, l-KAD tista’ tiddeċiedi li tipproċedi bl-analiżi

tal-Kampjun B;

(f)

l-atleta jew ir-rappreżentant tiegħu għandhom id-

dritt li jkunu preżenti għall-analiżi tal-kampjun B għas-spejjeż

tagħhom. Rappreżentant tal-assoċjazzjoni nazzjonali tal-atleta

kif ukoll rappreżentant tal-KAD għandhom ukoll id-dritt li

jkunu preżenti, għas-spejjeż tagħhom ukoll. L-atleta għandu

jkun infurmat dwar il-laboratorju, id-data u l-ħin tal-analiżi

meta l-kampjun B għandu jigi analizzat;

(g)

f’każ li r-riżultat ta’ kampjun B ikun negattiv, it-

test kollu għandu jiġi kkunsidrat bħala negattiv u l-atleta, l-

assoċjazzjoni nazzjonali tiegħu, u l-KAD għandhom jiġu hekk

informati u l-investigazzjoni u l-proċeduri kollha jingħalqu;

(h)

jekk tiġi skoperta sustanza projbita jew l-użu ta’

metodu projbit, is-sejbiet għandhom jiġu rraportati lill-atleta,

lill-assoċjazzjoni nazzjonali tal-atleta, lill-KAD, u lill-WADA;

(i)

il-KAD

għandha

tkompli

tagħmel

kull

investigazzjoni ta’ prosegwiment kif jista’ jkun meħtieġ skont

il-lista projbita. Kif titlesta din l-investigazzjoni ta’

prosegwiment, il-KAD għandha tinnotifika minnufih lill-atleta

dwar ir-riżultati tal-investigazzjoni ta’ prosegwiment u jekk il-

KAD ssostnix jew le li kien hemm ksur tar-regoli tal-anti-

doping; u

(j)

għal ksur tar-regoli tal-anti-doping evidenti li ma

jinvolvux sejbiet analitiċi avversi, l-KAD għandha tkompli

tagħmel kull investigazzjoni oħra li hi neċessarja u għandha

tinnotifika minnufih lill-atleta bir-regola tal-anti-doping li jkun

jidher li nkisret, u l-bażi ta’ dan il-ksur. L-assoċjazzjoni

nazzjonali għandha tlesti kull investigazzjoni fi żmien tletin

ġurnata;

(k)

kif tirċievi sejba atipika, il-KAD għandha tagħmel

reviżjoni sabiex tiddetermina jekk

(i) ingħatatx jekk ser jingħata TUE applikabbli

kif provdut fl-istandard internazzjonali għal TUEs; jew

(ii) hemmx xi devjazzjoni evidenti mill-Istandard

Internazzjonali għall-Ittestjar u l-Investigazzjonijiet jew l-

Istandard Internazzjonali tal-Laboratorji li kkawżaw is-

sejba atipika;

(l)

f’kaz li r-reviżjoni skont il-paragrafu (1)(k) ma

tirrivelax TUE applikabbli, jew devjazzjoni il kkawżat is-sejba

analitka avversa, il-KAD għandha twettaq l-investigazzjoni

neċessarja. Wara li tkun tlestiet l-investigazzjoni, l-atleta u

organizzazzjonijiet l-oħra tal-anti-doping imsemmija fir-

regolament 15(3) għandhom jiġu notifikati dwar jekk is-sejba

atipika hux ser titmexxa ‘l quddiem bħala sejba analitika

avversa. L-atleta għandu jiġi notifikat kif provdut fis-

subregolament (1)(ċ);

(m)

Il-KAD ma għandhiex tagħti notifika ta’ sejba

atipika sakemm tlesti l-investigazzjoni u tkun iddeċidiet jekk

hijiex ser tressaq ‘il quddiem is-sejba atipika bħala sejba

analitika avversa sakemm teżisti waħda miċ-ċirkostanzi li

ġejjin

(i)

f’każ li l-KAD tiddetermina li l-kampjun B

għandu jiġi analizzat qabel il-konklużjoni tal-

investigazzjoni tagħha taħt is-subregolament 1(k), il-KAD

tista’ twettaq analiżi tal-kampjun B wara li tinnotifika lill-

atleta, u dik in-notifika għandha tinkludi deskrizzjoni tas-

sejba atipika u l-informazzjoni msemmija fis-

subregolament (1)(b)(iv), (v) u (vi);

(ii) f’każ li l-KAD tirċievi talba, jew minn

organizzazzjoni ta’ avveniment maġġuri, ftit qabel wieħed

mill-avvenimenti internazzjonali tagħha, jew talba

mingħand organizzazzjoni sportiva responsabbli li tilħaq

skadenza imminenti biex tagħżel il-membri ta’ skwadra

għal avveniment internazzjonali, li tiżvela jekk atleta

identifikat fuq lista maħruġa mill-organizzazzjoni tal-

avveniment maġġuri jew organizzazzjoni sportiva għandux

sejba atipika pendenti, il-KAD għandha tidentifika tali

atleta wara li tkun innotifikat lill-atleta dwar is-sejba

atipika;

(n)

l-analiżi ta’ sejbiet tal-passaport atipiċi jew sejbiet

tal-passaport avversi għandhom isiru kif stipulat fl-istandard

internazzjonali għall-ittestajar u l-investigazzjonijiet u l-

Istandard Internazzjonali għal-Laboratorji. Meta l-KAD tkun

sodisfatta li sar ksur tar-regoli tal-anti-doping, hija għandha

tinnotifika minnufih lill-atleta, skont il-proċeduri msemmija fis-

subregolament (1)(ċ), tar-regola tal-anti-doping miksura, u l-

bażi tal-ksur. Organizzazzjonijiet oħra tal-anti-doping

għandhom jiġu notifikati kif previst mir-regolament 15(3);

(o)

l-analiżi ta’ filing failures potenzjali u testijiet

maqbuża għandha ssir kif previst mill-istandard internazzjonali

għall-ittestjar u l-investigazzjonijiet. Meta l-federazzjoni

internazzjonali jew il-KAD jikkunsidraw illi seħħ ksur tar-regoli

tal-anti-doping kif dispost fir-regolament 3(2)(d), hija għandha

tinnotifika lill-atleta minnufiħ, bil-mod kif imsemmi f’dawn ir-

regolamenti, illi qiegħdha tallega ksur tar-regolament 3(2)(d) u l-

bażi għal tali allegazzjoni. Organizzazzjonijiet oħra tal-anti-

doping għandhom jiġu notifikati bil-mod stipulat fir-regolament

15(3);

(p)

il-KAD għandha twettaq kull investigazzjoni

ulterjuri fuq ksur possibbli tar-regoli tal-anti-doping kif jista’

jkun meħtieġ mill-policies tal-anti-doping applikabbli u dawn

ir-regolamenti jew fejn il-KAD tikkonsidra li hu xieraq. Meta l-

KAD tikkonsidra illi seħħ ksur tar-regoli tal-anti-doping, hija

għandha tinnotifika lill-atleta jew persuna oħra minnufih, bil-

mod kif imsemmi f’dawn ir-regolamenti, tal-ksur tar-regoli tal-

anti-doping u l-bażi għal ksur bħal dan. Organizzazzjonijiet

oħra tal-anti-doping għandhom jiġu notifikati bil-mod provdut

fir-regolament 15(3).

(2) Il-ġestjoni tar-riżultati u t-tmexxija ta’ proċeduri ta’ smigħ

għal testijiet magħmula mill-organizzazzjoni ta’ avveniment maġġuri

għandhom jiġu amministrati mill-federazzjoni internazzjonali,

minbarra s-sanzjonijiet lil hinn mill-iskwalifika mill-avveniment jew

tar-riżultati tal-avveniment.

(3) L-assoċjazzjoni nazzjonali, wara konsultazzjoni mal-KAD,

għandha tissospendi atleta temporanjament qabel jingħata l-

opportunità ta’ smigħ komplut ibbażat fuq sejba analitika avversa

mill-kampjun A jew mill-kampjuni A u B tal-atleta u r-reviżjoni

deskritta fis-subregolament (1). Fl-eventwalità ta’ riżultat negattiv

wara

l-ittestjar

tal-kampjun

B,

is-sospensjoni

titneħħa

awtomatikament u l-atleta jitħalla jikkompeti minnufih.

(4) Fejn tiġi imposta sospensjoni proviżorja fuq atleta, l-atleta

għandu jingħata jew

(a)

smigħ proviżorju

qabel

l-impożizzjoni

tas-

sospensjoni proviżorja; jew

(b)

smigħ proviżorju mill-aktar fis possibbli, fi żmien

għaxart ijiem, wara li tiġi imposta sospensjoni proviżorja.

Estensjonijiet jistgħu jingħataw man-notifika bil-miktub; jew

(ċ)

smigħ mgħaġgel mill-aktar fis possibbli wara li tiġi

imposta sospensjoni proviżorja.

(5) Il-proċeduri tas-smigħ proviżorji kollha

għandhom

jitwettqu skont il-proċedura stabbilita fir-regolament 9.

(6) Fejn ġiet imposta sospensjoni proviżorja relatata ma’

rapport ta’ uffiċjal tal-kontroll tad-doping jew dokumentazzjoni

relatata li turi l-possibilità ta’ ksur tar-regoli tal-anti-doping u l-KAD

tiddetermina, wara s-sottomissjoni tal-atleta, li ma kien hemm l-ebda

ksur tar-regoli tal-anti-doping, is-sospensjoni provizjorja għandha tigi

revokata minnufih.

(7) Sospensjoni proviżorja tista’ tiġi revokata f’każ li l-atleta,

waqt is-smigħ proviżorju, juri li l-ksur tar-regoli probabilment seħħ

minħabba prodott ikkontaminat. Deciżjoni mill-panel li ma

jirrevokax sospensjoni temporanja minħabba l-affermazzjoni tal-

atleta fir-rigward ta’ prodott ikkontaminat mhijiex appellabbli.

(8) F’każ illi l-KAD tkun aċċertat ksur tar-regoli tal-anti-

doping, irtirat l-affermazzjoni tal-ksur tar-regola tal-anti-doping,

imponiet sospensjoni proviżorja, jew qablet ma’ atleta jew persuna

oħra fuq l-impożizzjoni ta’ sanzjoni mingħajr smigħ, il-KAD

għandha minnufih tinforma l-federazzjoni internazzjonali u l-

assoċjazzjoni nazzjonali tal-atleta, organizzazzjonijiet tal-anti-doping

oħrajn u l-WADA.

(9) Jekk atleta jew persuna oħra jirtiraw waqt li jkun għaddej

proċess tal-analiżi tar-riżultati, l-organizzazzjoni tal-anti-doping li

tkun qed tmexxi dan il-proċess tal-analiżi tar-riżultati jibqa’ jkollha l-

kompetenza sabiex ittemm il-proċess tal-analiżi tar-riżultati tagħha.

Jekk atleta jew persuna oħra jirtiraw qabel ma jkun beda xi proċess

għall-analiżi tar-riżultati, l-organizzazzjoni tal-anti-doping li kien

ikollha l-kompetenza fuq l-analiżi tar-riżultati tal-atleta jew persuna

oħra fiż-żmien meta l-atleta jew persuna oħra kkommettew ksur tar-

regoli tal-anti-doping, għandu jkollha l-kompetenza biex tmexxi fuq

l-analiżi ta’ dawn ir-riżultati.

(1)

When it appears, following the results management

process described in regulation 8, that these regulations have been

violated, the athlete or other person involved shall be brought before

the disciplinary panel of the ADC or of the athlete or other person’s

national association for a disciplinary hearing to adjudicate whether a

violation of these regulations occurred and if so what sanctions

should be imposed.

(2) The ADC disciplinary panel shall have the power to hear

and determine all issues arising from any matter which is referred to it

pursuant to these regulations. In particular, the ADC disciplinary

panel has the power to determine the consequences of anti-doping

rule violations to be imposed pursuant to these regulations.

(3) The ADC disciplinary panel shall, at a minimum, provide

the athlete or other person with a fair hearing within a reasonable

time. The hearing shall be held summarily and the ADC disciplinary

panel shall only hold more than one hearing for exceptional reasons.

(4) After the hearing the ADC disciplinary panel shall, by not

later than twenty-one days following the hearing, give a reasoned

decision, specifically including an explanation of the reasons for any

period of ineligibility, which shall be publicly disclosed as provided

in regulation 15(6).

(5) The appointed members of the panel shall have had no

minor involvement in the case. Each member, upon appointment,

shall disclose to the chair any circumstances likely to affect their

impartiality with respect to any of the parties.

(6) The athlete’s or other person’s right to a hearing may be

waived either expressly or by the athlete’s or other person’s failure to

challenge the ADC’s or the relevant national association’s assertion

that an anti-doping rule violation has occurred within the specific

time period provided in these regulations.

(7) The reasoned hearing decision, or in cases where the

hearing has been waived, a reasoned decision explaining the action

taken, shall be provided by the ADC to the athlete and to other anti-

doping organisations with a right to appeal under article 13.2.3 of the

Code as provided in regulation 15(4).

(8) Anti-doping rule violations asserted against international-

level athletes or national-level athletes may, with the consent of the

athlete, the ADC, WADA, and any other anti-doping organisation that

would have had a right to appeal a first instance hearing decision to

CAS, be heard directly at CAS, with no requirement for a prior

hearing.

A violation of these regulations in individual sports in Automatic

connection with an in-competition test automatically leads to disqualification

of individual

disqualification of the result obtained in that competition with all results.

resulting consequences, including forfeiture of any medals, points

and prizes.

(1)

An anti-doping rule violation occurring during or Anti-doping

in connection with an event may, upon the decision of the ruling body rule violation.

of the event, lead to disqualification of all of the athlete’s individual

results obtained in that event with all consequences, including

forfeiture of all medals, points and prizes, after factors listed in article

10.1 of the Code have been considered. Nonetheless if the athlete

establishes that he bears no fault or negligence for the violation, the

athlete’s individual results in the other competitions shall not be

disqualified, unless the athlete’s results in competitions other than the

competition in which the anti-doping rule violation occurred were

likely to have been affected by the athlete’s anti-doping rule

violation.

(2) The period of ineligibility for a violation of regulations

3(2)(a), (b) and (f) shall be as follows, subject to potential reduction

or suspension pursuant to sub-regulations (4), (5) or (6)

(a)

the period of ineligibility shall be four years where

(i) the anti-doping rule violation does not

involve a specified substance, unless the athlete or other

person can establish that the anti-doping rule violation was

not intentional;

(ii) the anti-doping rule violation involves a

specified substance and the ADC can establish that the

anti-doping rule violation was intentional.

(b)

the period of ineligibility shall be two years, where

sub-regulation (2)(a) does not apply;

(c)

as provided for in sub-regulations (2) and (3), the

term "intentional" is meant to identify those athletes who cheat.

The term, therefore, requires that the athlete or other person

engaged in conduct which he knew constituted an anti-doping

rule violation or knew that there was a significant risk that the

conduct might constitute or result in an anti-doping rule

violation and manifestly disregarded that risk. An anti-doping

rule violation resulting from an adverse analytical finding for a

substance which is only prohibited in-competition shall be

rebuttably presumed to be not "intentional" if the substance is a

specified substance and the athlete can establish that the

prohibited substance was used out-of-competition. An anti-

doping rule violation resulting from an adverse analytical

finding for a substance which is only prohibited in-competition

shall not be considered "intentional" if the substance is not a

specified substance and the athlete can establish that the

prohibited substance was used out-of-competition in a context

unrelated to sport performance.

(3) The period of ineligibility for anti-doping rule violations

other than as provided in sub-regulation 2 shall be as follows, unless

sub-regulations (5) or (6) are applicable

(a)

for violations of regulation 3(2)(c) or regulation

3(2)(e), the period of ineligibility shall be four years unless, in

the case of failing to submit to sample collection, the athlete can

establish that the commission of the anti-doping rule violation

was not intentional, as defined in sub-regulation (2)(c), in which

case the period of ineligibility shall be two years;

(b)

for violations of regulation 3(2)(d), the period of

ineligibility shall be two years, subject to reduction down to a

minimum of one year, depending on the athlete’s degree of

fault. the flexibility between two years and one year of

ineligibility in this sub-regulation is not available to athletes

where a pattern of last-minute whereabouts changes or other

conduct raises a serious suspicion that the Athlete was trying to

avoid being available for testing;

(c)

for violations of regulation 3(2)(h) or (i), the period

of ineligibility shall be a minimum of four years up to lifetime

ineligibility, depending on the seriousness of the violation. A

violation of regulation 3(2)(h) or (i) involving a minor shall be

considered a particularly serious violation and, if committed by

athlete support personnel for violations other than for specified

substances, shall result in lifetime ineligibility for athlete

support personnel. In addition, significant violations of

regulation 3(2)(h) or (i) which may also violate non-sporting

laws and regulations, shall be reported to the competent public

authorities;

(d)

for violations of regulation 3(2)(j), the period of

ineligibility imposed shall be a minimum of two years, up to

four years, depending on the seriousness of the violation;

(e)

for violations of regulation 3(2)(k), the period of

ineligibility shall be two years, subject to reduction down to a

minimum of one year, depending on the athlete or other

person’s degree of fault and other circumstances of the case;

(4) The period of ineligibility for anti-doping rule violations

shall be eliminated or reduced, when the following circumstances are

established

(a)

when an athlete or other person establishes in an

individual case that he bears no fault or negligence, then the

otherwise applicable period of ineligibility shall be eliminated;

(b)

period of ineligibility to be reduced for no

significant fault or negligence

(i) where the anti-doping rule violation involves

a specified substance, and the athlete or other person can

establish no significant fault or negligence, then the period

of ineligibility shall be, at a minimum, a reprimand and no

period of ineligibility, and at a maximum, two years of

ineligibility, depending on the athlete’s or other person’s

degree of fault;

(ii) in cases where the athlete or other person can

establish no significant fault or negligence and that the

detected prohibited substance came from a contaminated

product, then the period of ineligibility shall be, at a

minimum, a reprimand and no period of ineligibility, and

at a maximum, two years ineligibility, depending on the

athlete’s or other person’s degree of fault;

(iii) if an athlete or other person establishes in an

individual case where sub-regulations (4)(b)(i) or (4)(ii)

are not applicable, that he bears no significant fault or

negligence, then, subject to further reduction or

elimination of the period of ineligibility as provided in

sub-regulation (4)(d), the applicable period of ineligibility

may be reduced based on the athlete or other person’s

degree of fault, but the reduced period of ineligibility may

not be less than one-half of the period of ineligibility

otherwise applicable. If the otherwise applicable period of

ineligibility is a lifetime, the reduced period under this

sub-regulation shall be no less than eight years

Provided that sub-regulations (4)(a) and (4)(b)(iii)

shall apply only to the imposition of sanctions. They are

not applicable to the determination of whether an anti-

doping rule violation has occurred and will only apply in

exceptional circumstances;

(c)

an athlete or other person may not plead no fault or

negligence under sub-regulation (4)(a) in the following

circumstances

(i) a positive test resulting from a mislabelled or

contaminated vitamin or nutritional supplement;

(ii) the administration of a prohibited substance

by the athlete’s personal physician or trainer without

disclosure to the athlete; and

(iii) sabotage of the athlete’s food or drink by a

spouse, coach or other person within the athlete’s circle of

associates

Provided that, depending on the unique facts of a

particular case, any of the circumstances mentioned in this

sub-regulation could result in a reduced sanction under

sub-regulation (4)(b);

(d)

period of ineligibility or other consequences to be

eliminated, reduced or suspended, for reasons other than fault

(i) The ADC, or a national association, may,

prior to a final appellate decision under regulation 14 or

the expiration of the time to appeal, suspend a part of the

period of ineligibility imposed in an individual case where

the athlete or other person has provided substantial

assistance to an anti-doping organisation, criminal

authority or professional disciplinary body which results

in

(aa) the anti-doping organisation discovering

or bringing forward an anti-doping rule violation by

another Person; or

(bb) in a criminal or disciplinary body

discovering or bringing forward a criminal offense or

the breach of professional rules committed by

another person and the information provided by the

person providing substantial assistance is made

available to the anti-doping organisation with results

management responsibility.

After a final appellate decision under regulation

14 or the expiration of time to appeal, the ADC may

only suspend a part of the otherwise applicable

period of ineligibility with the approval of WADA

and the applicable international federation. The

extent to which the otherwise applicable period of

ineligibility may be suspended shall be based on the

seriousness of the anti-doping rule violation

committed by the athlete or other person and the

significance of the substantial assistance provided by

the athlete or other person to the effort to eliminate

doping in sport. No more than three-quarters of the

otherwise applicable period of ineligibility may be

suspended. If the otherwise applicable period of

ineligibility is a lifetime, the non-suspended period

under this regulation must be no less than eight

years. If the athlete or other person fails to continue

to cooperate and to provide the complete and

credible substantial assistance upon which a

suspension of the period of ineligibility was based,

the ADC shall reinstate the original period of

ineligibility. If the ADC decides to reinstate a

suspended period of ineligibility or decides not to

reinstate a suspended period of Ineligibility, that

decision may be appealed by any person entitled to

appeal under regulation 14

Provided that WADA may agree at any stage of

the results management process, including after a

final appellate decision under regulation 14, to what

it considers to be an appropriate suspension of the

otherwise-applicable period of ineligibility and other

consequences. In exceptional circumstances, WADA

may agree to suspensions of the period of

ineligibility and other consequences for substantial

assistance greater than those otherwise provided in

this regulation, or even no period of ineligibility,

and, or no return of prize money or payment of fines

or costs. WADA’s approval shall be subject to

reinstatement of sanction, as otherwise provided in

this regulation. Notwithstanding regulation 14,

WADA’s decisions in the context of this regulation

may not be appealed by any other anti-doping

organization

Provided further that if the ADC suspends any

part of an otherwise applicable sanction because of

substantial assistance, then notice providing

justification for the decision shall be provided to the

other anti-doping organizations with a right to appeal

under article 13.2.3 of the Code as provided in

regulation 15(4). In unique circumstances where

WADA determines that it would be in the best

interest of anti-doping, WADA may authorise the

ADC, or any other anti-doping organisation to enter

into appropriate confidentiality agreements limiting

or delaying the disclosure of the substantial

assistance agreement or the nature of substantial

assistance being provided;

(ii) where an athlete or other person voluntarily

admits the commission of an anti-doping rule violation

before having received notice of a sample collection which

could establish an anti-doping rule violation, or, in the case

of an anti-doping rule violation other than that envisaged

in regulation 3(2)(a), before receiving first notice of the

admitted violation pursuant to regulation 8 and that

admission is the only reliable evidence of the violation at

the time of admission, then the period of ineligibility may

be reduced, but not below one-half of the period of

ineligibility otherwise applicable;

(iii) an athlete or other person potentially subject

to a four-year suspension under sub-regulations (2)(a) or

(3)(a), for evading or refusing sample collection or

tampering with sample collection, by promptly admitting

the asserted anti-doping rule violation after being

confronted by the ADC, or national association, and also

upon the approval and at the discretion of both WADA and

the ADC, or national association, may receive a reduction

in the period of ineligibility down to a minimum of two

years, depending on the seriousness of the violation and

the athlete or other person’s degree of fault;

(iv) where an athlete or other person establishes

entitlement to reduction in sanction under more than one

provision of sub-regulations (4)(a) to (4)(d), before

applying any reduction or suspension under sub-regulation

(4)(d), the otherwise applicable period of ineligibility shall

be determined in accordance with sub-regulations (2), (3),

(4)(a) and (4)(b). If the athlete or other person establishes

entitlement to a reduction or suspension of the period of

ineligibility under sub-regulation (4)(d), then the period of

ineligibility may be reduced or suspended, but not below

one-fourth of the otherwise applicable period of

ineligibility.

(5) For an athlete or other person’s second anti-doping rule

violation, the period of ineligibility shall be the greater of

(a)

six months;

(b)

one-half of the period of ineligibility imposed for

the first anti-doping rule violation without taking into account

any reduction under sub-regulation (4)(d); or

(c)

twice the period of ineligibility otherwise

applicable to the second anti-doping rule violation treated as if it

were a first violation, without taking into account any reduction

under sub-regulation (4)(d)

Provided that the period of ineligibility established

above may then be further reduced by the application of sub-

regulation (4)(d).

(6) A third anti-doping rule violation will always result in a

lifetime period of ineligibility, except if the third violation fulfils the

condition for elimination or reduction of the period of ineligibility

under sub-regulations (4)(a) or (4)(b), or involves a violation of

regulation 3(2)(d). In these particular cases, the period of ineligibility

shall be from eight years to lifetime ineligibility.

(7) An anti-doping rule violation for which an athlete or other

person has established no fault or negligence shall not be considered a

prior violation for purposes of sub-regulations (5) and (6).

(8) For purposes of imposing sanctions under sub-regulations

(5) and (6), an anti-doping rule violation will only be considered a

second violation if the ADC, or national association, can establish

that the athlete or other person committed the second anti-doping rule

violation after the athlete or other person received notice pursuant to

regulation 8, or after the ADC, or national association, made

reasonable efforts to give notice of the first anti-doping rule violation.

If the ADC, or national association, cannot establish this, the

violations shall be considered together as one single first violation,

and the sanction imposed shall be based on the violation that carries

the more severe sanction.

(9) If, after the imposition of a sanction for a first anti-doping

rule violation, the ADC discovers facts involving an anti-doping rule

violation by the athlete or other person which occurred prior to

notification regarding the first violation, then the ADC shall impose

an additional sanction based on the sanction that could have been

imposed if the two violations had been adjudicated at the same time.

Results in all competitions dating back to the earlier anti-doping rule

violation will be disqualified as provided in sub-regulation (11).

(10) For purposes of sub-regulations (5) and (6), each anti-

doping rule violation must take place within the same ten-year period

in order to be considered multiple violations.

(11) In addition to the automatic disqualification of the results

in the competition which produced the positive sample under

regulation 10, all other competitive results of the athlete obtained

from the date a positive sample was collected, whether in-competition

or out-of-competition, or other anti-doping rule violation occurred,

through the commencement of any provisional suspension or

ineligibility period, shall, unless fairness requires otherwise, be

disqualified with all of the resulting consequences including

forfeiture of any medals, points and prizes.

(12) The priority for repayment of CAS cost awards and

forfeited prize money shall be in the following order

(a)

payment of costs awarded by CAS;

(b)

reallocation of forfeited prize money to other

athletes if provided for in the rules of the applicable

international federation; and

(c)

reimbursement of the expenses of the anti-doping

organisation that conducted results management in the case.

(13) The ADC’s disciplinary panel, or the national association,

may order an athlete or other person to pay the ADC, or national

association, for all costs incurred in a case. The panels may also

impose a fine on an athlete or other person, for anti-doping violations.

Provided that such financial sanctions may only be imposed in cases

where the maximum period of ineligibility otherwise applicable has

already been imposed. Financial sanctions may only be imposed

where the principle of proportionality is satisfied. No recovery of

costs or financial sanction may be considered a basis for reducing the

ineligibility or other sanction which would otherwise be applicable

under these regulations.

(14) The period of ineligibility shall start on the date of the final

hearing decision providing for ineligibility or, if the hearing is waived

or there is no hearing, on the date Ineligibility is accepted or

otherwise imposed. Where there have been substantial delays in the

hearing process or other aspects of doping control not attributable to

the athlete or other person, the ADC disciplinary panel, or the

national association imposing the sanction, may start the period of

ineligibility at an earlier date commencing as early as the date of

sample collection or the date on which another anti-doping rule

violation last occurred. All competitive results achieved during the

period of ineligibility, including retroactive ineligibility, shall be

disqualified.

(15) Where the athlete or other person promptly, which, in all

events, for an athlete means before the athlete competes again, admits

the anti-doping rule violation after being confronted with the anti-

doping rule violation by the ADC, or national association, the period

of ineligibility may start as early as the date of sample collection or

the date on which another anti-doping rule violation last occurred. In

each case, however, where this sub-regulation is applied, the athlete

or other person shall serve at least one-half of the period of

ineligibility going forward from the date the athlete or other person

accepted the imposition of a sanction, the date of a hearing decision

imposing a sanction, or the date the sanction is otherwise imposed

Provided that this sub-regulation shall not apply where the

period of ineligibility already has been reduced under sub-regulation

(4)(d)(iii).

(16) If a provisional suspension is imposed and respected by the

athlete or other person, then the athlete or other person shall receive a

credit for such period of provisional suspension against any period of

ineligibility which may ultimately be imposed. If a period of

ineligibility is served pursuant to a decision that is subsequently

appealed, then the athlete or other person shall receive a credit for

such period of ineligibility served against any period of ineligibility

which may ultimately be imposed on appeal.

(17) If an athlete or other person voluntarily accepts a

provisional suspension in writing from the ADC, or national

association, and thereafter respects the provisional suspension, the

athlete or other person shall receive a credit for such period of

voluntary provisional suspension against any period of ineligibility

which may ultimately be imposed. A copy of the athlete or other

person’s voluntary acceptance of a provisional suspension shall be

provided promptly to each party entitled to receive notice of an

asserted anti-doping rule violation under regulation 15(3).

(18) No credit against a period of ineligibility shall be given for

any time period before the effective date of the provisional

suspension or voluntary provisional suspension regardless of whether

the athlete elected not to compete or was suspended by his team.

(19) In team sports, where a period of ineligibility is imposed

upon a team, unless fairness requires otherwise, the period of

ineligibility shall start on the date of the final hearing decision

providing for ineligibility or, if the hearing is waived, on the date

ineligibility is accepted or otherwise imposed. Any period of team

provisional suspension, whether imposed or voluntarily accepted,

shall be credited against the total period of ineligibility to be served.

(20) No athlete or other person who has been declared

ineligible may, during the period of ineligibility, participate in any

capacity in a competition or activity, other than authorised anti-

doping education or rehabilitation programmes, authorised or

organised by the Council, ADC, Maltese Olympic Committee,

national associations or clubs or other member organisations of

national associations, or competitions authorised or organised by any

professional league or any international or national level event

organisation or any elite or national-level sporting activity funded by

the government.

(21) An athlete or other person subject to a period of

ineligibility longer than four years may, after completing four years of

the period of ineligibility, participate as an athlete in local sport

events not sanctioned or otherwise under the jurisdiction of the

Council or sports organisation registered with the Council, but only

so long as the local sport event is not at a level that could otherwise

qualify such athlete or other person directly or indirectly to compete

in, or accumulate points toward, a national championship or

international event, and does not involve the athlete or other person

working in any capacity with minors. An athlete or other person

subject to a period of ineligibility shall remain subject to testing.

(22) As an exception to sub-regulation (21), an athlete may

return to train with a team or to use the facilities of a club or other

member organisation of a sports organisation registered with the

Council during the shorter of

(a)

the last two months of the athlete’s period of

ineligibility; or

(b)

the last one-quarter of the period of Ineligibility

imposed.

(23) Where an athlete or other person who has been declared

ineligible violates the prohibition against participation during

ineligibility described in sub-regulation (21), the results of such

participation shall be disqualified and a new period of ineligibility

equal in length to the original period of ineligibility shall be added to

the end of the original period of ineligibility. The new period of

ineligibility may be adjusted based on the athlete or other person’s

degree of fault and other circumstances of the case. The

determination of whether an athlete or other person has violated the

prohibition against participation, and whether an adjustment is

appropriate, shall be made by the ADC. This decision may be

appealed under regulation 14.

(24) Where an athlete support person or other person assists a

person in violating the prohibition against participation during

ineligibility, the ADC shall impose sanctions for a violation of

regulation 3(2)(j) for such assistance.

(25) In addition, for any anti-doping rule violation not

involving a reduced sanction as described in sub-regulations (4)(a)

and (4)(b), some or all sport-related financial support or other sport-

related benefits received by such person will be withheld by the

Council, sport organisations registered with the Council, and any

other public entity.

(26) A mandatory part of each sanction shall include automatic

publication, as provided in regulation 15(6).

(1)

Where more than one member of a team in a team Target testing of

sport has been notified of an anti-doping rule violation under teams.

regulation 8 in connection with an event, the ruling body for the event

shall conduct appropriate target testing of the team during the event

period.

(2) If more than two members of a team in a team sport are

found to have committed an anti-doping rule violation during an

event period, the ruling body of the event shall impose an appropriate

sanction on the team, including but not exclusively sanctions such as

loss of points, disqualification from a Competition or event, in

addition to any consequences imposed upon the individual athletes

committing the anti-doping rule violation.

(3) The ruling body for an event may elect to establish rules

for the event which impose consequences for team sports stricter than

those in sub-regulation (2) for purposes of the event.

(1)

The Council has the authority to withhold partially, Withholding of

or in whole, funding or other non-financial support to national funds.

associations and any other sporting bodies over which it has authority

that do not endorse and comply with these regulations.

(2) The Council may elect to take additional disciplinary

action against national associations with respect to recognition, the

eligibility of its officials and athletes to participate in national events

and fines based on the following

(a)

four or more violations of these regulations, other

than violations involving regulations 3(2)(f) and 11(2) and

11(3), are committed by athletes or other persons affiliated with

a national association within a twelve month period in testing

conducted by the international federation or by the anti-

doping organisations including the ADC. In such event the

Council may at its discretion elect to ban all officials from that

national association from participation in any international

federation activities for a period of up to two years;

(b)

more than one athlete or other person from a

national association commits an anti-doping rule violation

during an international event. In such event the C ouncil at its

discretion may withhold any assistance proposed or already

committed to the national association involved; and

(c)

a national association has failed to make diligent

efforts to keep the ADC informed about an athlete’s

whereabouts after receiving a request for that information from

the ADC. In such event the Council at its discretion may

withhold any assistance proposed or already committed to the

national association involved, in addition to all of the ADCs

costs incurred in testing that national association’s athletes.

(1)

Decisions made under these regulations may be

appealed as set forth in this regulation or as otherwise provided in the

Code or international standards. Such decisions shall remain in effect

while under appeal unless the appellate body orders otherwise. Before

an appeal is filed, any disciplinary proceedings outlined in regulation

9 must be exhausted.

(2) The scope of review on appeal includes all issues relevant

to the matter and is expressly not limited to the issues or scope of

review before the ADC’s or national association’s disciplinary panel.

(3) Any appeal brought in front of CAS shall be dealt with as a

new case. In making its decision, CAS need not give deference to the

discretion exercised by the body whose decision is being appealed.

(4) Where WADA has a right to appeal under this regulation

and no other party has appealed a final decision within the ADC’s

process, WADA may appeal such decision directly to CAS without

having to exhaust other remedies in the ADCs process.

(5) A decision that an anti-doping rule violation was

committed, a decision imposing consequences or not imposing

consequences for an anti-doping rule violation, or a decision that no

anti-doping rule violation was committed, a decision that an anti-

doping rule violation proceeding cannot go forward for procedural

reasons, a decision by WADA not to grant an exception to the six

months notice requirement for a retired athlete to return to

competition under regulation 6(21); a decision by WADA assigning

results management under article 7.1 of the Code; a decision by a

national association not to bring forward an adverse analytical finding

or an atypical finding as an anti-doping rule violation, or a decision

not to go forward with an anti-doping rule violation after an

investigation under regulation 8(1)(p); a decision to impose a

provisional suspension as a result of a provisional hearing; the ADC’s

or national association’s failure to comply with article 7.9 of the

Code; a decision that the ADC or a national association lacks

jurisdiction to rule on an alleged anti-doping rule violation or its

consequences; a decision to suspend, or not suspend, a period of

ineligibility or to reinstate, or not reinstate, a suspended period of

ineligibility under regulation 11(4)(d)(i); a decision under regulation

11(23); and a decision by the ADC not to recognize another anti-

doping organisation’s decision under regulation 16 may be appealed

exclusively as provided in this sub-regulation.

(6) In cases arising from participation in an international event

or in cases involving international-level athletes, the decision may be

appealed exclusively to CAS.

(7) In cases where sub-regulation (6) is not applicable, the

decision may be appealed to an independent and impartial appeals

body to be put in place by the ADC or the national association, within

twenty-one days from the notification of the decision of the national

anti-doping disciplinary panel. The procedure in front of this appeals

body shall respect the principles of, a timely hearing, a fair and

impartial hearing panel, the right to be represented by counsel at the

person’s own expense; and a written and reasoned decision not later

than twenty-one days after the last hearing.

(8) In cases under sub-regulation (6), the athlete or other

person who is the subject of the decision being appealed; the other

party to the case in which the decision was rendered, the ADC, the

relevant international federation; the national anti-doping

organisation of the person’s country of residence or countries where

the person is a national or license holder; the International Olympic

Committee or International Paralympic Committee, as applicable,

where the decision may have an effect in relation to the Olympic

Games or Paralympic Games, including decisions affecting eligibility

for the Olympic Games or Paralympic Games; and WADA are the

parties having the right to appeal to CAS.

(9) In cases under sub-regulation (7), the parties having the

right to appeal to the national-level appeal body shall be as provided

in the national associations regulations but, at a minimum, shall

include the athlete or other person who is the subject of the decision

being appealed; the other party to the case in which the decision was

rendered; the ADC and the relevant international federation; the

national anti-doping organisation of the person’s country of

residence; the International Olympic Committee or International

Paralympic Committee, as applicable, where the decision may have

an effect in relation to the Olympic Games or Paralympic Games,

including decisions affecting eligibility for the Olympic Games or

Paralympic Games, and WADA

Provided that for cases under sub-regulation (7), WADA,

the International Olympic Committee, the International Paralympic

Committee, and the relevant international federation shall also have

the right to appeal to CAS with respect to the decision of the national-

level appeal body.

(10) Where, in a particular case, the ADC fails to render a

decision with respect to whether an anti-doping rule violation was

committed within a reasonable deadline set by WADA, WADA may

elect to appeal directly to CAS as if the ADC had rendered a decision

finding no anti-doping rule violation. If the CAS hearing panel

determines that an anti-doping rule violation was committed and that

WADA acted reasonably in electing to appeal directly to CAS, then

WADA’s costs and attorney fees in prosecuting the appeal shall be

reimbursed to WADA by the ADC.

(11) TUE decisions may be appealed exclusively as provided in

regulations 5(5) to (13).

(12) If the ADC, or national association, is a party to an appeal,

it shall promptly provide the appeal decision to the athlete or other

person and to the other anti-doping organisations that would have

been entitled to appeal under sub-regulation (9) as provided under

regulation 15(4).

(13) The time to file an appeal to CAS shall be twenty-one days

from the date of receipt of the decision by the appealing party.

Nonetheless the following shall apply in connection with appeals

filed by a party entitled to appeal but which was not a party to the

proceedings having led to the decision subject to appeal

(a)

within ten days from notice of the decision, such

party or parties shall have the right to request from the body

having issued the decision a copy of the file on which such body

relied; and

(b)

if such a request is made within the ten-day period,

then the party making such request shall have twenty-one days

from receipt of the file to file an appeal to CAS

Provided that The time limit for the filing of an appeal or

intervention filed by WADA shall be the later of twenty-one days

after the last day on which any other party in the case could have

appealed or twenty-one days after WADA’s receipt of the complete

file relating to the decision.

(1)

All national sport associations shall comply with Compliance

these regulations. These regulations shall also be incorporated either with

regulations.

directly or by reference into each national association’s regulations.

All national associations shall include in their regulations the

procedural regulations necessary to effectively implement these anti-

doping regulations. Each national association shall obtain the written

acknowledgement and agreement, in the form attached in the

Schedule, of all athletes subject to doping control and athlete support

personnel for such athletes. Notwithstanding whether or not the

required form has been signed, the regulations of each national

association shall specifically provide that all athletes, athlete

support personnel and other persons under the jurisdiction of the

national association shall be bound by these regulations.

(2) As a condition of receiving financial or other assistance

from the government of Malta and, or the Council, national

associations shall accept and abide by the spirit and terms of the

national anti-doping programme and these regulations, including the

application of its sanctions to individuals, and shall respect the

authority of, and co-operate with the ADC and the hearing bodies in

all anti-doping matters which are not governed by the regulations of

the relevant international federation in accordance with the Code.

(3) When a national association has received an asserted anti-

doping rule violation on one of its athletes it shall report the

following information to the ADC, the international federation and

WADA within fourteen days of the process described in regulation

8(1), in respect of adverse analytical findings and atypical findings

the athlete’s name, country, sport and discipline within the sport,

whether the test was in-competition or out-of-competition, the date of

sample collection, the analytical result reported by the laboratory, and

other information as required by the International Standard for

Testing and Investigations, or, for anti-doping rule violations other

than regulation 3(2)(a), the rule violated and the basis of the asserted

violation. The national association shall also regularly update the

ADC, the international federation and WADA on the status and

findings of any review or proceedings conducted pursuant to

regulations 8, 9 or 14, and comparable information shall be provided

to the ADC, the international federation and WADA within fourteen

days of the notification described in regulation 8(1), with respect to

other violations of these regulations. Neither the ADC, the

international federation, nor WADA shall disclose this information

beyond those persons within their organisations with a need to know,

until the national association has made public disclosure or has failed

to make public disclosure as required in sub-regulation (8).

(4) Anti-doping rule violation decisions rendered pursuant to

regulations 8(8), 9(7), 11(4)(a), 11(4)(d), 11(23) and 14(12) shall

include the full reasons for the decision, including, if applicable, a

justification for why the maximum potential sanction was not

imposed. An anti-doping organisation having a right to appeal a

decision received pursuant this sub-regulation may, within 15 days of

receipt, request a copy of the full case file pertaining to the decision.

(5) All information provided by the ADC or national

associations to international federations, other anti-doping

organisations, and WADA under these regulations shall be maintained

in strict confidence at all times; shall be used exclusively for

purposes of planning, co-ordinating or conducting testing and shall

be destroyed after it is no longer relevant for these purposes.

(6) The identity of any athlete or other person who is asserted

by the ADC or a national association to have committed an anti-

doping rule violation, may be publicly disclosed by the ADC or the

national association only after notice has been provided to the athlete

or other person in accordance with regulations 8(1)(c), (k), (n), (o),

and (p), and to the applicable anti-doping organisations in accordance

with regulation 15(3).

(7) No later than twenty days after it has been determined in a

final appellate decision under regulations 14(6) or 14(7), or such

appeal has been waived, or a hearing in accordance with regulation 9

has been waived, or the assertion of an anti-doping rule violation has

not otherwise been timely challenged, the ADC or national

association shall publicly report the disposition of the anti-doping

matter including the sport, the anti-doping rule violated, the name of

the athlete or other person committing the violation, the prohibited

substance or prohibited method involved and the consequences

imposed. The ADC or national association must also publicly report

within twenty days the results of final appeal decisions concerning

anti-doping rule violations, including the information described

above.

(8) In any case where it is determined, after a hearing or

appeal, that the athlete or other person did not commit an anti-doping

rule violation, the decision may be publicly disclosed only with the

consent of the athlete or other person who is the subject of the

decision. The ADC or national association shall use reasonable

efforts to obtain such consent, and if consent is obtained, shall

publicly disclose the decision in its entirety or in such redacted form

as the athlete or other person may approve.

(9) For the purpose of these regulations, the placement of the

required information, under sub-regulations (7) and (8), on the ADC’s

or national association’s website shall be considered sufficient public

disclosure provided that such information remains up for the longer

of one month or the duration of any period of ineligibility.

(10) The ADC, national associations and WADA-accredited

officials, shall not publicly comment on the specific facts of any

pending case, as opposed to general description of process and

science, except in response to public comments attributed to the

athlete, other person or their representatives.

(11) The mandatory public reporting required under sub-

regulation (7) shall not be required where the athlete or other person

who has been found to have committed an anti-doping rule violation

is a minor. Any optional public reporting in a case involving a Minor

shall be proportionate to the facts and circumstances of the case.

(12) Any decision by the international federation or a national

association regarding a violation of these regulations shall be

recognized by all national associations, which shall take all necessary

action to render such results effective.

(13) The ADC shall publish annually, a general statistical

report of its doping control activities during the calendar year with a

copy provided to WADA.

(14) The ADC may collect, store, process or disclose personal

information relating to athletes and other persons where necessary

and appropriate to conduct its anti-doping activities under the Code,

these regulations and international standards, and in compliance with

the law.

Subject to the right to appeal provided in regulation 14,

testing, hearing results or other final adjudications of any signatory to

the Code which are consistent with the Code and are within that

Signatory’s authority, shall be applicable worldwide and shall be

recognised and respected by the ADC and national associations. The

ADC and national associations shall recognise the measures taken by

other bodies which have not accepted the Code if the regulations of

those bodies are otherwise consistent with the Code.

No anti-doping rule violation proceeding may be

commenced under these regulations against an athlete or other person

unless he has been notified of the anti-doping rule violation as

provided in regulation 8, or notification has been reasonably

attempted, within ten years from the date the violation is asserted to

have occurred.

The ADC will report to WADA on the ADC’s compliance

with the Code as required by the WADA Foundation Board and shall

explain reasons for any non-compliance.

(1)

The ADC may from time to time

issue

commentaries and guidelines referring to these regulations.

(2) The Schedule shall be considered integral parts of these

regulations.

(3) These regulations have been adopted pursuant to the

applicable provisions of the Code and shall be interpreted in a manner

that is consistent with applicable provisions of the Code. The

comments annotating various provisions of the Code shall be used to,

where applicable, assist in the understanding and interpretation of

these regulations.

(4) These regulations shall not apply retrospectively to matters

pending before the date these regulations came into effect.

The Anti-Doping Regulations, are hereby repealed.