Anti-Doping Regulations, 2021

L.N. 104 of 2021

SPORTS ACT

(CAP. 455)

Anti-Doping Regulations, 2021

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

the Sports Act, the Minister responsible for Sport has made the

following regulations:-

The title of these regulations is the Anti-Doping Citation.

Regulations, 2021.

REGULATION 1 APPLICABILITY AND ENFORCABILITY

1. (1)

These Anti-Doping Regulations shall apply to

(a)

NADOMALTA, including its board members, directors, officers

and specified employees, and Delegated Third Parties and their employees,

who are involved in any aspect of Doping Control;

(b) National Sports Organisations of Malta, including their board

members, directors, officers and specified employees, and Delegated Third

Parties and their employees, who are involved in any aspect of Doping

Control;

(c)

the following Athletes, Athlete Support Personnel and other

Persons (including Protected Persons), in each case, whether or not such

Person is a national or resident of Malta

(i) all Athletes and Athlete Support Personnel who are

members or license-holders of any National Sports Organisation in

Malta, or of any member or affiliate Organisation of any National

Sports Organisation in Malta (including any clubs, teams, associations,

or leagues);

(ii) all Athletes and Athlete Support Personnel who participate

in such capacity in Events, Competitions, and other activities organized,

convened, authorized or recognized by any National Sports

Organisation in Malta, or by any member or affiliate Organisation of

any National Sports Organisation in Malta (including any clubs, teams,

associations or leagues), wherever held;

(iii) any other Athlete or Athlete Support Person or other

Person who, by virtue of an accreditation, a license or other contractual

arrangement, or otherwise, is subject to the authority of any National

Sports Organisation in Malta, or of any member or affiliate

Organisation of any National Sports Organisation in Malta (including

any clubs, teams, associations or leagues), for purposes of anti-doping;

(iv) all Athletes and Athlete Support Personnel who participate

in any capacity in any activity organized, held, convened or authorized

by the organizer of a National Event or of a national league that is not

affiliated with a National Sports Organisation;

(v)

Recreational Athletes; and

(d) all other Persons over whom the Code gives NADOMALTA

authority, including all Athletes who are nationals or residents of Malta, and

all Athletes who are present in Malta, whether to compete or to train or

otherwise

Provided that each of the above-mentioned Persons is deemed, as a

condition of his or her participation or involvement in sport in Malta, to have

agreed to and be bound by these Anti-doping Regulations and to have submitted to

the authority of NADOMALTA to enforce these Anti-doping Regulations, including

any Consequences for the breach thereof, and to the jurisdiction of the hearing

panels specified in Regulations 8 and 13 to hear and determine cases and appeals

brought under these Anti-doping Regulations.

(2) Within the overall pool of Athletes set out above who are bound by and

required to comply with these Anti-doping Regulations, the following Athletes

shall be considered to be National-Level Athletes for the purposes of these Anti-

doping Regulations, and, therefore, the specific provisions in these Anti-doping

Regulations applicable to National-Level Athletes shall apply to such Athletes

(a)

Athletes who are members or license holders of any National

Sports Organisation in Malta or any other Organisation affiliated with a

National Sports Organisation including associations, clubs, teams or

leagues;

(b) Athletes who participate or compete at any Competition, Event, or

activity, which is organized, recognized, or hosted by a National Sports

Organisation, by any affiliated association, Organisation, club, team, or

league or by the Government in Malta;

(c)

any other athlete who by virtue of an accreditation, a license or

any other contractual arrangement, falls within the competence of a National

Sports Organisation in Malta or any affiliated association, Organisation,

club, team, or league in Malta for the purposes of fighting doping in sport in

Malta;

(d) Athletes who participate in any activity organized, recognized, or

hosted by a National Event organizer or any other national league and which

is not otherwise affiliated with a National Sports Organisation

Provided that, if any such Athletes are classified by their respective

International Federations as International-level athletes then they shall be

considered to be International-Level Athletes (and not National-Level Athletes) for

purposes of these Anti-doping Regulations.

REGULATION 2 ANTI-DOPING RULE VIOLATIONS

The purpose of Regulation 2 is to specify the circumstances and conduct

which constitute anti-doping rule violations. 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 List.

The following constitute anti-doping rule violations

(1) Presence of a Prohibited Substance or its Metabolites or Markers in

an Athlete’s Sample

(a)

It is the Athletes’ personal duty to ensure that no Prohibited

Substance enters their bodies. 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 Regulation 2(1).

(b) Sufficient proof of an anti-doping rule violation under Regulation

2(1) is established by any of the following: 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,

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, where the Athlete’s A or B

Sample is split into two (2) parts and the analysis of the confirmation part of

the split Sample confirms the presence of the Prohibited Substance or its

Metabolites or markers found in the first part of the split Sample or the

Athlete waives analysis of the confirmation part of the split Sample.

(c)

Excepting those substances for which a Decision Limit is

specifically identified in the Prohibited List or a Technical Document, the

presence of any reported quantity of a Prohibited Substance or its

Metabolites or Markers in an Athlete’s Sample shall constitute an anti-doping

rule violation.

(d) As an exception to the general rule of Regulation 2(1), the

Prohibited List, International Standards, or Technical Documents may

establish special criteria for reporting or the evaluation of certain Prohibited

Substances.

(2) Use or Attempted Use by an Athlete of a Prohibited Substance or a

Prohibited Method

(a)

It is the Athletes’ personal duty to ensure that no Prohibited

Substance enters their bodies 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.

(b) 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.

(3) Evading, Refusing or Failing to Submit to Sample collection by an

athlete

Evading Sample collection; or refusing or failing to submit to Sample

collection without compelling justification after notification by a duly authorized

Person.

(4) Whereabouts failures by an athlete

Any combination of three (3) missed tests and, or filing failures, as defined in

the International Standard for Results Management, within a twelve (12) month

period by an Athlete in a Registered Testing Pool.

(5) Tampering or attempted tampering with any Part of Doping Control

by an Athlete or Other Person

(6) Possession of a Prohibited Substance or a Prohibited Method by an

Athlete or Athlete Support Person

(a)

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 Therapeutic Use Exemption ("TUE") granted

in accordance with Regulation 4(4) or other acceptable justification.

(b) 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 4(4) or other acceptable justification.

(7) Trafficking or Attempted trafficking in any Prohibited Substance or

Prohibited Method by an Athlete or Other Person

(8) Administration or Attempted Administration by an Athlete or Other

Person 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

(9) Complicity or Attempted Complicity by an Athlete or Other Person

Assisting, encouraging, aiding, abetting, conspiring, covering up or any other

type of intentional complicity or Attempted complicity involving an anti-doping

rule violation, Attempted anti-doping rule violation or violation of Regulation

10(14)(a) by another Person.

(10) Prohibited association by an Athlete or Other Person

(a)

Association by an Athlete or other Person subject to the authority

of an Anti-Doping Organisation in a professional or sport-related capacity

with any Athlete Support Person who

(i) If subject to the authority of an Anti-Doping Organisation,

is serving a period of Ineligibility; or

(ii) if not subject to the authority of an 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 (6) 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-paragraph (i) or (ii).

(b) To establish a violation of sub-regulation (10), an Anti-doping

organisation must establish that the Athlete or other Person knew of the

Athlete Support Person’s disqualifying status.

The burden shall be on the Athlete or other Person to establish that any

association with an Athlete Support Person described in paragraph (a)(i) or

(ii) is not in a professional or sport-related capacity and, or that such

association could not have been reasonably avoided.

Anti-Doping Organisations that are aware of Athlete Support Personnel

who meet the criteria described in paragraph (a)(i), (ii) or (iii) shall submit

that information to WADA.

(11) Acts by an Athlete or Other Person to Discourage or Retaliate

Against Reporting to Authorities

Where such conduct does not otherwise constitute a violation of sub-

regulation (5)

(a)

any act which threatens or seeks to intimidate another Person

with the intent of discouraging the Person from the good-faith reporting of

information that relates to an alleged anti-doping rule violation or alleged

non-compliance with the Code to WADA, an Anti-Doping Organisation, law

enforcement, regulatory or professional disciplinary body, hearing body or

Person conducting an investigation for WADA or an Anti-Doping

Organisation;

(b) retaliation against a Person who, in good faith, has provided

evidence or information that relates to an alleged anti-doping rule violation

or alleged non-compliance with the Code to WADA, an Anti-Doping

Organisation, law enforcement, regulatory or professional disciplinary body,

hearing body or Person conducting an investigation for WADA or an Anti-

Doping Organisation.

For purposes of this sub-regulation, retaliation, threatening and intimidation

include an act taken against such Person either because the act lacks a good faith

basis or is a disproportionate response.

REGULATION 3 PROOF OF DOPING

Burdens and Standards of Proof

3. (1)

The ADC shall have the burden of establishing that an anti-doping rule

violation has occurred. The standard of proof shall be whether the ADC has

established an anti-doping rule violation to the comfortable satisfaction of the

hearing panel, bearing in mind the seriousness of the allegation which is made.

This standard of proof in all cases is greater than a mere balance of probability but

less than proof beyond a reasonable doubt. Where these Anti-Doping 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, except as provided in sub-regulation (2)(b) and

(c), the standard of proof shall be by a balance of probability.

(2) Methods of Establishing Facts and Presumptions

Facts related to anti-doping rule violations may be established by any reliable

means, including admissions. 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 or which have been the

subject of peer review are presumed to be scientifically valid. Any Athlete or

other Person seeking to challenge whether the conditions for such

presumption have been met or to rebut this presumption of scientific validity

shall, as a condition precedent to any such challenge, first notify WADA of

the challenge and the basis of the challenge. The initial hearing body,

appellate body or CAS, on its own initiative, may also inform WADA of any

such challenge. Within ten (10) days of WADA’s receipt of such notice and

the case file related to such challenge, WADA shall also have the right to

intervene as a party, appear as amicus curiae or otherwise provide evidence

in such proceeding. In cases before CAS, at WADA’s request, the CAS panel

shall appoint an appropriate scientific expert to assist the panel in its

evaluation of the 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 these Anti-Doping Regulations

shall not invalidate analytical results or other evidence of an anti-doping rule

violation, and shall not constitute a defence to an anti-doping rule violation

Provided that if the Athlete or other Person establishes that a

departure from one of the specific International Standard provisions listed

below could reasonably have caused an anti-doping rule violation based on

an Adverse Analytical Finding or whereabouts failure, then the ADC shall

have the burden to establish that such departure did not cause the Adverse

Analytical Finding or the whereabouts failure

(i) a departure from the International Standard for Testing

and Investigations related to Sample collection or Sample handling

which could reasonably have caused an anti-doping rule violation based

on an Adverse Analytical Finding, in which case the ADC shall have the

burden to establish that such departure did not cause the Adverse

Analytical Finding;

(ii) a departure from the International Standard for Results

Management or International Standard for Testing and Investigations

related to an Adverse Passport Finding which could reasonably have

caused an anti-doping rule violation, in which case the ADC shall have

the burden to establish that such departure did not cause the anti-doping

rule violation;

(iii) a departure from the International Standard for Results

Management related to the requirement to provide notice to the Athlete

of the B Sample opening which could reasonably have caused an anti-

doping rule violation based on an Adverse Analytical Finding, in which

case the ADC shall have the burden to establish that such departure did

not cause the Adverse Analytical Finding;

(iv) a departure from the International Standard for Results

Management related to Athlete notification which could reasonably have

caused an anti-doping rule violation based on a whereabouts failure, in which

case the ADC shall have the burden to establish that such departure did not

cause the whereabouts failure.

(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;

(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 NADDP.

REGULATION 4 THE PROHIBITED LIST

Incorporation of the Prohibited List

4. (1)

These Anti-Doping Regulations incorporate the Prohibited List which is

published and revised by WADA. NADOMALTA will publish the Prohibited List, as

amended and published by WADA in accordance with Article 4.1 of the Code, in

the Gazette and further make the current Prohibited List available to each national

sports organisation, and each national sports organisation shall ensure that the

current Prohibited List is available to its registered members.

Unless provided otherwise in the Prohibited List or a revision, the

Prohibited List and revisions shall come into force under these Anti-Doping

Regulations three (3) months after publication by WADA without requiring any

further action by NADOMALTA. All Athletes and other Persons shall be bound by

the Prohibited List, and any revisions thereto, from the date they come into force,

without further formality. It is the responsibility of all Athletes and other Persons

to familiarize themselves with the most up-to-date version of the Prohibited List

and all revisions thereto.

(2) Prohibited Substances and Prohibited Methods Identified on the

Prohibited List

(a)

Prohibited Substances and Prohibited Methods

The Prohibited List shall identify those Prohibited Substances

and Prohibited Methods which are prohibited as doping at all times (both In-

Competition and Out-of-Competition) because of their potential to enhance

performance in future Competitions or their masking potential, and those

substances and methods which are prohibited In-Competition only. The

Prohibited List may be expanded by WADA for a particular sport. Prohibited

Substances and Prohibited Methods may be included in the Prohibited List

by general category or by specific reference to a particular substance or

method.

(b)

Specified Substances or Specified Methods

For purposes of the application of Regulation 10, all Prohibited

Substances shall be Specified Substances except as identified on the

Prohibited List. No Prohibited Method shall be a Specified Method unless it

is specifically identified as a Specified Method on the Prohibited List.

(c)

Substances of Abuse

For purposes of applying Regulation 10, Substances of Abuse

shall include those Prohibited Substances which are specifically identified as

Substances of Abuse on the Prohibited List because they are frequently

abused in society outside of the context of sport.

(3) WADA’s Determination of the Prohibited List

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, the classification of a substance

as prohibited at all times or In-Competition only, the classification of a substance

or method as a Specified Substance, Specified Method or Substance of Abuse is

final and shall not be subject to any challenge by an Athlete or other Person

including, but not limited to, any challenge 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.

(4) Therapeutic Use Exemptions ("TUEs")

(a)

The presence of a Prohibited Substance or its Metabolites or

Markers, and, or the Use or Attempted Use, Possession or 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.

(b)

TUE application process

(i) Any Athlete who is not an International-Level Athlete shall

apply to NADOMALTA for a TUE as soon as possible, save where sub-

regulations (1) or (3) of the International Standard for Therapeutic Use

Exemptions apply. The application shall be made in accordance with

Regulation 6 of the International Standard for Therapeutic Use

Exemptions as posted on NADOMALTA’s website.

(ii) The Minister responsible for Sport shall establish a panel

(Therapeutic Use Exemption Committee ("TUEC")) to consider

applications for the grant of TUEs in accordance with indents (A) to (D)

hereunder

(A) The TUEC shall consist of a Chairperson and six (6)

other members with experience in the care and treatment of

Athletes and sound knowledge of clinical, sports and exercise

medicine. Each appointed member shall serve a term of three (3)

years.

(B) Before serving as a member of the TUEC, each

member must sign a conflict of interest and confidentiality

declaration. The appointed members shall not be employees of

NADOMALTA.

(C) When an application to NADOMALTA for the grant

of a TUE is made, the Chairperson of the TUEC shall appoint

three (3) members (which may include the Chairperson) to

consider the application.

(D) Before considering a TUE application, each member

shall disclose to the Chairperson any circumstances likely to

affect their impartiality with respect to the Athlete making the

application. If a member appointed by the Chairperson to

consider an application is unwilling or unable to assess the

Athlete’s TUE application, for any reason, the Chairperson may

appoint a replacement or appoint a new TUEC. The Chairperson

cannot serve as a member of the TUEC if there are any

circumstances which are likely to affect the impartiality of the

TUE decision.

(iii) The TUEC shall promptly evaluate and decide upon the

application in accordance with the relevant provisions of the

International Standard for Therapeutic Use Exemptions and usually,

unless exceptional circumstances apply, within no more than twenty-

one (21) days of receipt of a complete application. Where the

application is made in a reasonable time prior to an Event, the TUEC

must use its best endeavours to issue its decision before the start of the

Event.

(iv) The TUEC decision shall be the final decision of

NADOMALTA and may be appealed in accordance with paragraph (f).

The decision shall be notified in writing to the Athlete, and to WADA

and other Anti-Doping Organisations in accordance with the

International Standard for Therapeutic Use Exemptions. It shall also

promptly be reported into ADAMS.

(c)

Retroactive TUE Applications

If the ADC chooses to test an Athlete who is not an International-

Level or a National-Level Athlete, NADOMALTA shall permit that Athlete to

apply for a retroactive TUE for any Prohibited Substance or Prohibited

Method that he or she is Using for therapeutic reasons.

(d)

TUE Recognition

A TUE granted by the TUEC is valid at any national level in any

country and does not need to be formally recognized by any other National

Anti-Doping Organisation.

However, it is not automatically valid if the Athlete becomes an

International-Level Athlete or competes in an International Event, unless it is

recognized by the relevant International Federation or Major Event

Organisation in accordance with the International Standard for Therapeutic

Use Exemptions as follows

(i) Where the Athlete already has a TUE granted by the TUEC

for the substance or method in question, unless their TUE will be

automatically recognized by the International Federation or Major

Event Organisation, the Athlete shall apply to their International

Federation or to the Major Event Organisation to recognize that TUE.

If that TUE meets the criteria set out in the International Standard for

Therapeutic Use Exemptions, then the International Federation or

Major Event Organisation must recognize it.

If the International Federation or Major Event

Organisation considers that the TUE granted by the TUEC does not

meet those criteria and so refuses to recognize it, the International

Federation shall promptly notify the Athlete and NADOMALTA with

reasons. The Athlete and, or NADOMALTA shall have twenty-one (21)

days from such notification to refer the matter to WADA for review in

accordance with paragraph (f).

If the matter is referred to WADA for review in accordance

with paragraph (f), the TUE granted by the TUEC 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 within the

twenty-one (21) day deadline, NADOMALTA must determine whether

the original TUE that it granted should nevertheless remain valid for

national-level Competition and Out-of-Competition Testing (provided

that the Athlete ceases to be an International-Level Athlete and does not

participate in international-level Competition). Pending NADOMALTA’s

decision, the TUE remains valid for national-level Competition and

Out-of-Competition Testing (but is not valid for international-level

Competition).

(ii) If the Athlete does not already have a TUE granted by the

TUEC for the substance or method in question, the Athlete must apply

directly to the International Federation for a TUE in accordance with the

process set out in the International Standard for Therapeutic Use

Exemptions as soon as the need arises.

If the International Federation denies the Athlete’s

application, it shall notify the athlete promptly, with reasons.

If the International Federation grants the Athlete’s

application, it shall notify the Athlete and NADOMALTA. If

NADOMALTA considers that the TUE granted by the International

Federation does not meet the criteria set out in the International

Standard for Therapeutic Use Exemptions, it has twenty-one (21) days

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

If NADOMALTA 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 NADOMALTA 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 twenty-one (21) day

review deadline expires.

Expiration, Withdrawal or Reversal of a TUE

(e)

(i) A

granted

pursuant

to

these

Anti-Doping

TUE

Regulations

(A) shall expire automatically at the end of any term for

which it was granted, without the need for any further notice or

other formality;

(B) shall be withdrawn if the Athlete does not promptly

comply with any requirements or conditions imposed by the

TUEC upon grant of the TUE;

(C) may be withdrawn by the TUEC if it is subsequently

determined that the criteria for grant of a TUE are not in fact

met; or

(D) may be reversed on review by WADA or on appeal.

(ii) In such event, the Athlete shall not be subject to any

Consequences based on their Use or Possession or Administration of the

Prohibited Substance or Prohibited Method in question in accordance

with the TUE prior to the effective date of expiry, withdrawal, or

reversal of the TUE. The review pursuant to Article 5.1.1.1 of the

International Standard for Results Management of an Adverse

Analytical Finding, reported shortly after the TUE expiry, withdrawal,

or reversal, shall include consideration of whether such finding is

consistent with Use of the Prohibited Substance or Prohibited Method

prior to that date, in which event no anti-doping rule violation shall be

asserted.

Reviews and Appeals of TUE Decisions

(f)

(i) If the TUEC denies an application for a TUE, the Athlete

may appeal exclusively to the national-level appeal body described in

Regulation 13(2)(b).

(ii) WADA must review an International Federation’s decision

not to recognize a TUE granted by the TUEC that is referred to WADA

by the Athlete or NADOMALTA. In addition, WADA must review an

International Federation’s decision to grant a TUE that is referred to

WADA by NADOMALTA. 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 being reviewed meets the criteria set out

in the International Standard for Therapeutic Use Exemptions, WADA

will not interfere with it. If the TUE decision does not meet those

criteria, WADA will reverse it.

(iii) Any TUE decision by an International Federation (or by

the TUEC 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 NADOMALTA, exclusively to CAS.

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

appealed by the Athlete, NADOMALTA and, or the International

Federation affected, exclusively to CAS.

(v) A failure to render a decision within a reasonable time on a

properly submitted application for grant/recognition of a TUE or for

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

thus triggering the applicable rights of review/appeal.

REGULATION 5 TESTING AND INVESTIGATIONS

Purpose of Testing and Investigations

5. (1)

(a)

Testing and investigations may be undertaken for any anti-doping

purpose. They shall be conducted in conformity with the provisions of the

International Standard for Testing and Investigations.

(b) Testing shall be undertaken to obtain analytical evidence as to

whether the Athlete has violated Regulation 2(1) (Presence of a Prohibited

Substance or its Metabolites or Markers in an Athlete’s Sample) or

Regulation 2(2) (Use or Attempted Use by an Athlete of a Prohibited

Substance or a Prohibited Method).

(2) Authority to Test

(a)

Subject to the limitations for Event Testing set out in sub-

regulation (3), the ADC shall have In-Competition and Out-of-Competition

Testing authority over all Athletes specified in Regulation 1.

(b) The ADC may require any Athlete over whom it has Testing

authority (including any Athlete serving a period of Ineligibility) to provide a

Sample at any time and at any place.

(c)

WADA shall have In-Competition and Out-of-Competition Testing

authority as set out in Regulation 20(7)(j).

(d) If an International Federation or Major Event Organisation

delegates or contracts any part of Testing to the ADC directly or through a

National Sports Organisation, the ADC may collect additional Samples or

direct the laboratory to perform additional types of analysis at the ADC’s

expense. If additional Samples are collected or additional types of analysis

are performed, the International Federation or Major Event Organisation

shall be notified.

(3) Event Testing

(a)

Except as otherwise provided hereunder, only a single

Organisation shall have authority to conduct Testing at Event Venues during

an Event Period. At International Events held in Malta, the international

organisation which is the ruling body for the Event shall have authority to

conduct Testing. At National Events held in Malta, the ADC shall have

authority to conduct Testing. At the request of the ruling body for an Event,

any Testing conducted during the Event Period outside of the Event Venues

shall be coordinated with the ruling body of the Event.

(b) If an Anti-Doping Organisation, which would otherwise have

Testing authority but is not responsible for initiating and directing Testing at

an Event, desires to conduct Testing of Athletes at the Event Venues during

the Event Period, the Anti-Doping Organisation shall first confer with the

ruling body of the Event to obtain permission to conduct and coordinate such

Testing. If the Anti-Doping Organisation is not satisfied with the response

from the ruling body of the Event, the Anti-Doping Organisation may, in

accordance with procedures described in the International Standard for

Testing and Investigations, ask WADA for permission to conduct Testing and

to determine how to coordinate such Testing. WADA shall not grant approval

for such Testing before consulting with and informing the ruling body for the

Event. WADA’s decision shall be final and not subject to appeal. Unless

otherwise provided in the authorization to conduct Testing, such tests shall be

considered Out-of-Competition tests. Results Management for any such test

shall be the responsibility of the Anti-Doping Organisation initiating the test

unless provided otherwise in the rules of the ruling body of the Event.

(4) Testing Requirements

(a)

The ADC shall conduct test distribution planning and Testing as

required by the International Standard for Testing and Investigations.

(b) Where reasonably feasible, Testing shall be coordinated through

ADAMS in order to maximize the effectiveness of the combined Testing

effort and to avoid unnecessary repetitive Testing.

(5) Athlete Whereabouts Information

(a)

The ADC has established a Registered Testing Pool of those

Athletes who are required to provide whereabouts information in the manner

specified in the International Standard for Testing and Investigations and

who shall be subject to Consequences for Regulation 2(4) violations as

provided in Regulation 10(3)(b). The ADC shall coordinate with

International Federations to identify such Athletes and to collect their

whereabouts information.

(b) The ADC shall make available through ADAMS a list which

identifies those Athletes included in its Registered Testing Pool by name. The

ADC shall regularly review and update as necessary its criteria for including

Athletes in its Registered Testing Pool, and shall periodically (but not less

than quarterly) review the list of Athletes in its Registered Testing Pool to

ensure that each listed Athlete continues to meet the relevant criteria. Athletes

shall be notified before they are included in the Registered Testing Pool and

when they are removed from that pool. The notification shall contain the

information set out in the International Standard for Testing and

Investigations.

(c)

Where an Athlete is included in an international Registered

Testing Pool by their International Federation and in a national Registered

Testing Pool by the ADC, the ADC and the International Federation shall

agree between themselves which of them shall accept that Athlete’s

whereabouts filings; in no case shall an Athlete be required to make

whereabouts filings to more than one of them.

(d) In accordance with the International Standard for Testing and

Investigations, each Athlete in the Registered Testing Pool shall do the

following

(i)

advise the ADC of his/her whereabouts on a quarterly

basis;

(ii) update that information as necessary so that it remains

accurate and complete at all times; and

(iii) make himself available for Testing at such whereabouts.

(e)

For purposes of Regulation 2(4), an Athlete’s failure to comply

with the requirements of the International Standard for Testing and

Investigations shall be deemed a filing failure or a missed test.

(f)

An Athlete in the ADC’s Registered Testing Pool shall continue to

be subject to the obligation to comply with the whereabouts requirements set

in the International Standard for Testing and Investigations unless and until -

(i)

the Athlete gives written notice to the ADC that he has

retired; or

(ii) the ADC has informed him that he no longer satisfies the

criteria for inclusion in the ADC’s Registered Testing Pool.

(g) Whereabouts information provided by an Athlete while in the

Registered Testing Pool shall be accessible through ADAMS to WADA and to

other Anti-Doping Organisations having authority to test that Athlete as

provided in sub-regulation (2). Whereabouts information shall be maintained

in strict confidence at all times; it 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.

(h) In accordance with the International Standard for Testing and

Investigations, the ADC has established a Testing Pool, which includes

Athletes who are subject to less stringent whereabouts requirements than

Athletes included the ADC’s Registered Testing Pool.

(i)

The ADC shall notify Athletes before they are included in the

Testing Pool and when they are removed. Such notification shall include the

whereabouts requirements and the Consequences that apply in case of non-

compliance, as indicated in paragraphs (j) and (k).

(j)

Athletes included in the Testing Pool shall provide the ADC with

the following whereabouts information so that they may be located and

subjected to Testing

- an overnight address;

- Competition / Event schedule; and

- regular training activities.

Such whereabouts information shall be filed in ADAMS to enable

better Testing coordination with other Anti-Doping Organisations.

(k) An Athlete’s failure to provide whereabouts information on or

before the date required by the ADC or the Athlete’s failure to provide

accurate whereabouts information shall result in the ADC elevating the

Athlete to the ADC’s Registered Testing Pool.

(l)

The ADC may, in accordance with the International Standard for

Testing and Investigations, collect whereabouts information from Athletes

who are not included within a Registered Testing Pool. If it chooses to do so,

an Athlete’s failure to provide requested whereabouts information on or

before the date required by the ADC or the Athlete’s failure to provide

accurate whereabouts information shall result in the ADC elevating the

Athlete to the ADC’s Registered Testing Pool.

(6) Retired Athletes Returning to Competition

(a)

if an International-Level Athlete or National-Level Athlete in the

ADC’s Registered Testing Pool retires and then wishes to return to active

participation in sport, the Athlete shall not compete in International Events or

National Events until the Athlete has made himself available for Testing, by

giving six (6) months prior written notice to their International Federation

and the ADC.

WADA, in consultation with the ADC and the Athlete’s

International Federation, may grant an exemption to the six (6) month written

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

Athlete. This decision may be appealed under Regulation 13.

Any competitive results obtained in violation of this paragraph

shall be Disqualified unless the Athlete can establish that he or she could not

have reasonably known that this was an International Event or a National

Event.

(b) If an Athlete retires from sport while subject to a period of

Ineligibility, the Athlete must notify the Anti-Doping Organisation that

imposed the period of Ineligibility in writing of such retirement. If the

Athlete then wishes to return to active competition in sport, the Athlete shall

not compete in International Events or National Events until the Athlete has

made himself available for Testing by giving six (6) months prior written

notice (or notice equivalent to the period of Ineligibility remaining as of the

date the Athlete retired, if that period was longer than six (6) months) to the

ADC and to their International Federation.

(7) Independent Observer Program

The ADC and any organizing committees for National Events in Malta

shall authorize and facilitate the Independent Observer Program at such Events.

REGULATION 6 ANALYSIS OF SAMPLES

Samples shall be analysed in accordance with the following principles

(1) Use of Accredited, Approved Laboratories and Other Laboratories

(a)

For purposes of directly establishing an Adverse Analytical

Finding under Regulation 2(1), Samples shall be analysed only in WADA-

accredited laboratories or laboratories otherwise approved by WADA. The

choice of the WADA-accredited or WADA-approved laboratory used for the

Sample analysis shall be determined exclusively by the ADC.

(b) As provided in Regulation 3(2), facts related to anti-doping rule

violations may be established by any reliable means. This would include, for

example, reliable laboratory or other forensic testing conducted outside of

WADA-accredited or approved laboratories.

(2) Purpose of Analysis of Samples and Data

Samples and related analytical data or Doping Control information 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

the monitoring program described in Regulation 4(5), or to assist the ADC in

profiling relevant parameters in an Athlete’s urine, blood or other matrix, including

for DNA or genomic profiling, or for any other legitimate anti-doping purpose.

(3) Research on Samples and Data

Samples, related analytical data and Doping Control information may be used

for anti-doping research purposes, although no Sample may be used for research

without the Athlete’s written consent. Samples and related analytical data or

Doping Control information used for research purposes shall first be processed in

such a manner as to prevent Samples and related analytical data or Doping Control

information being traced back to a particular Athlete. Any research involving

Samples and related analytical data or Doping Control information shall adhere to

the principles set out in Article 19 of the Code.

(4) Standards for Sample Analysis and Reporting

The ADC shall ask laboratories to analyse Samples in conformity with

the International Standard for Laboratories and Article 4.7 of the International

Standard for Testing and Investigations.

Laboratories at their own initiative and expense may analyse Samples

for Prohibited Substances or Prohibited Methods not included on the standard

Sample analysis menu, or as requested by the ADC. Results from any such analysis

shall be reported to the ADC and have the same validity and Consequences as any

other analytical result.

(5) Further Analysis of a Sample prior to or During Results

Management

There shall be no limitation on the authority of a laboratory to conduct

repeat or additional analysis on a Sample prior to the time the ADC notifies an

Athlete that the Sample is the basis for an Regulation 2(1) anti-doping rule

violation charge. If after such notification the ADC wishes to conduct additional

analysis on that Sample, it may do so with the consent of the Athlete or approval

from a hearing body.

(6) Further Analysis of a Sample after it has been Reported as Negative

or has Otherwise not Resulted in an Anti-doping Rule Violation Charge

After a laboratory has reported a Sample as negative, or the Sample has

not otherwise resulted in an anti-doping rule violation charge, it may be stored and

subjected to further analyses for the purpose of sub-regulation (2) at any time

exclusively at the direction of either the Anti-Doping Organisation that initiated

and directed Sample collection or WADA. Any other Anti-Doping Organisation

with authority to test the Athlete that wishes to conduct further analysis on a stored

Sample may do so with the permission of the Anti-Doping Organisation that

initiated and directed Sample collection or WADA, and shall be responsible for any

follow-up Results Management. Any Sample storage or further analysis initiated

by WADA or another Anti-Doping Organisation shall be at WADA’s or that

Organisation’s expense. Further analysis of Samples shall conform with the

requirements of the International Standard for Laboratories.

(7) Split of A or B Sample

Where WADA, an Anti-Doping Organisation with Results Management

authority, and, or a WADA-accredited laboratory (with approval from WADA or the

Anti-Doping Organisation with Results Management authority) wishes to split an

A or B Sample for the purpose of using the first part of the split Sample for an A

Sample analysis and the second part of the split Sample for confirmation, then the

procedures set forth in the International Standard for Laboratories shall be

followed.

(8) Wada’s Right to Take Possession of Samples and Data

WADA may, in its sole discretion at any time, with or without prior

notice, take physical possession of any Sample and related analytical data or

information in the possession of a laboratory or Anti-Doping Organisation. Upon

request by WADA, the laboratory or Anti-Doping Organisation in possession of the

Sample or data shall immediately grant access to and enable WADA to take

physical possession of the Sample or data. If WADA has not provided prior notice

to the laboratory or Anti-Doping Organisation before taking possession of a

Sample or data, it shall provide such notice to the laboratory and each Anti-Doping

Organisation whose Samples or data have been taken by WADA within a

reasonable time after taking possession. After analysis and any investigation of a

seized Sample or data, WADA may direct another Anti-Doping Organisation with

authority to test the Athlete to assume Results Management responsibility for the

Sample or data if a potential anti-doping rule violation is discovered.

REGULATION 7 RESULTS MANAGEMENT: RESPONSIBILITY,

INITIAL REVIEW, NOTICE AND PROVISIONAL

SUSPENSIONS

Results Management under these Anti-Doping Regulations establishes a

process designed to resolve anti-doping rule violation matters in a fair, expeditious

and efficient manner.

(1) Responsibility for Conducting Results Management

(a)

Except as otherwise provided in Regulation 6(6) and (8) and

Code Article 7(1), Results Management shall be the responsibility of, and

shall be governed by, the procedural rules of the Anti-Doping Organisation

that initiated and directed Sample collection (or, if no Sample collection is

involved, the Anti-Doping Organisation which first provides notice to an

Athlete or other Person of a potential anti-doping rule violation and then

diligently pursues that anti-doping rule violation).

(b) In circumstances where the rules of a National Anti-Doping

Organisation do not give the National Anti-Doping Organisation authority

over an Athlete or other Person who is not a national, resident, license holder,

or member of a sport Organisation of that country, or the National Anti-

Doping Organisation declines to exercise such authority, Results

Management shall be conducted by the applicable International Federation or

by a third party with authority over the Athlete or other Person as directed by

the rules of the applicable International Federation.

(c)

Results Management in relation to a potential whereabouts failure

(a filing failure or a missed test) shall be administered by the International

Federation or the ADC with whom the Athlete in question files whereabouts

information, as provided in the International Standard for Results

Management. If NADOMALTA determines a filing failure or a missed test, it

shall submit that information to WADA through ADAMS, where it will be

made available to other relevant Anti-Doping Organisations.

(d) Other circumstances in which the ADC shall take responsibility

for conducting Results Management in respect of anti-doping rule violations

involving Athletes and other Persons under its authority shall be determined

by reference to and in accordance with Article 7 of the Code.

(e)

WADA may direct the ADC to conduct Results Management in

particular circumstances. If the ADC refuses to conduct Results Management

within a reasonable deadline set by WADA, such refusal shall be considered

an act of non-compliance, and WADA may direct another Anti-Doping

Organisation with authority over the Athlete or other Person, that is willing

to do so, to take Results Management responsibility in place of the ADC or, if

there is no such Anti-Doping Organisation, any other Anti-Doping

Organisation that is willing to do so. In such case, the ADC shall reimburse

the costs and attorney’s fees of conducting Results Management to the other

Anti-Doping Organisation designated by WADA, and a failure to reimburse

costs and attorney’s fees shall be considered an act of non-compliance.

(2) Review and Notification Regarding Potential Anti-Doping Rule

Violations

The ADC shall carry out the review and notification with respect to any

potential anti-doping rule violation in accordance with the International Standard

for Results Management.

(3) Identification of Prior Anti-doping Rule Violations

Before giving an Athlete or other Person notice of a potential anti-

doping rule violation as provided above, the ADC shall refer to ADAMS and

contact WADA and other relevant Anti-Doping Organisations to determine whether

any prior anti-doping rule violation exists.

(4) Provisional Suspensions

(a)

Mandatory Provisional Suspension after an Adverse Analytical

Finding or Adverse Passport Finding

If the ADC receives an Adverse Analytical Finding or an Adverse

Passport Finding (upon completion of the Adverse Passport Finding review

process) for a Prohibited Substance or a Prohibited Method that is not a

Specified Substance or a Specified Method, it shall impose a Provisional

Suspension on the Athlete promptly upon or after the review and notification

required by sub-regulation (2).

A mandatory Provisional Suspension may be eliminated if

(i) the Athlete demonstrates to the NADDP that the violation

is likely to have involved a Contaminated Product, or

(ii) the violation involves a Substance of Abuse and the Athlete

establishes entitlement to a reduced period of Ineligibility under

Regulation 10(2)(d)(i).

NADDP’s decision not to eliminate a mandatory Provisional

Suspension on account of the Athlete’s assertion regarding a Contaminated

Product shall not be appealable.

(b) Optional Provisional Suspension based on an Adverse Analytical

Finding for Specified Substances, Specified Methods, Contaminated

Products, or Other Anti-Doping Rule Violations

The ADC may impose a Provisional Suspension for anti-doping

rule violations not covered by paragraph (a) prior to the analysis of the

Athlete’s B Sample or final hearing as described in Regulation 8.

An optional Provisional Suspension may be lifted at the

discretion of the ADC at any time prior to the NADDP’s decision under

Regulation 8, unless provided otherwise in the International Standard for

Results Management.

(c)

Opportunity for Hearing or Appeal

Notwithstanding the provisions of paragraphs (a) and (b), a

Provisional Suspension may not be imposed unless the Athlete or other

Person is given

(i) an opportunity for a Provisional Hearing, either before or

on a timely basis after the imposition of the Provisional Suspension; or

(ii) an opportunity for an expedited hearing in accordance with

Regulation 8 on a timely basis after the imposition of the Provisional

Suspension.

The imposition of a Provisional Suspension, or the decision not

to impose a Provisional Suspension, may be appealed in an expedited process

in accordance with Regulation 13(2).

(d)

Voluntary Acceptance of Provisional Suspension

Athletes on their own initiative may voluntarily accept a

Provisional Suspension if done so prior to the later of

(i) the expiration of ten (10) days from the report of the B

Sample (or waiver of the B Sample) or ten (10) days from the notice of

any other anti-doping rule violation, or

(ii) the date on which the Athlete first competes after such

report or notice.

Other Persons on their own initiative may voluntarily accept a

Provisional Suspension if done so within ten (10) days from the notice of the

anti-doping rule violation.

Upon such voluntary acceptance, the Provisional Suspension

shall have the full effect and be treated in the same manner as if the

Provisional Suspension had been imposed under paragraphs (a) or (b)

Provided that at any time after voluntarily accepting a Provisional

Suspension, the Athlete or other Person may withdraw such acceptance, in

which event the Athlete or other Person shall not receive any credit for time

previously served during the Provisional Suspension.

(e)

If a Provisional Suspension is imposed based on an A Sample

Adverse Analytical Finding and a subsequent B Sample analysis (if requested

by the Athlete or the ADC) does not confirm the A Sample analysis, then the

Athlete shall not be subject to any further Provisional Suspension on account

of a violation of Regulation 2(1). In circumstances where the Athlete or the

Athlete’s team has been removed from an Event based on a violation of

Regulation 2(1) and the subsequent B Sample analysis does not confirm the

A Sample finding, then, if it is still possible for the Athlete or team to be

reinserted, without otherwise affecting the Event, the Athlete or team may

continue to take part in the Event.

(5) Results Management Decisions

Results Management decisions or adjudications by the ADC or

adjudications by the NADDP and, or NADAP must not purport to be limited to a

particular geographic area or sport and shall address and determine without

limitation the following issues

(a)

whether an anti-doping rule violation was committed or a

Provisional Suspension should be imposed, the factual basis for such

determination, and the specific regulations that have been violated, and

(b) all Consequences flowing from the anti-doping rule violation(s),

including applicable Disqualifications under Regulations 9 and 10(10), any

forfeiture of medals or prizes, any period of Ineligibility (and the date it

begins to run) and any Financial Consequences.

(6) Notification of Results Management Decisions

The NADDP shall notify Athletes, other Persons, Signatories and

WADA of Results Management decisions as provided in Regulation 14(2) and in

the International Standard for Results Management.

(7) Retirement from Sport

If an Athlete or other Person retires while NADOMALTA’s Results

Management process is underway, NADOMALTA retains authority to complete its

Results Management process. If an Athlete or other Person retires before any

Results Management process has begun, and NADOMALTA would have had

Results Management authority over the Athlete or other Person at the time the

Athlete or other Person committed an anti-doping rule violation, NADOMALTA

has authority to conduct Results Management.

REGULATION 8 RESULTS MANAGEMENT: RIGHT TO A FAIR

HEARING AND NOTICE OF HEARING

DECISION

For any Person who is asserted to have committed an anti-doping rule

violation, the NADDP shall provide a fair hearing within a reasonable time by a

fair, impartial and Operationally Independent hearing panel in compliance with the

Code and the International Standard for Results Management.

(1) Fair hearings

(a)

Fair, impartial and Operationally Independent Hearing Panel

(i)

The Minister responsible for Sport shall establish a hearing

panel referred to as the NADDP that shall have jurisdiction to hear and

determine whether an Athlete or other Person, subject to these Anti-

Doping Regulations, has committed an anti-doping rule violation and, if

applicable, to impose relevant Consequences.

(ii) The Minister shall ensure that the NADDP is free of

conflict of interest and that its composition, term of office, professional

experience, Operational Independence and adequate financing comply

with the requirements of the International Standard for Results

Management.

(iii) Board members, staff members, commission members,

consultants and officials of NADOMALTA or its bodies, as well as any

Person involved in the investigation and pre-adjudication of the matter,

cannot be appointed as members and, or clerks of NADDP. In particular,

no member shall have previously considered any TUE application,

Results Management decision, or appeals in the same given case.

(iv) The NADDP shall consist of an independent Chairperson

and six (6) other independent members.

(v) Each member shall be appointed by taking into

consideration their requisite anti-doping experience including their

legal, sports, medical and, or scientific expertise. Each member shall be

appointed for a once renewable term of three (3) years.

(vi) The NADDP shall be in a position to conduct the hearing

and decision-making process without interference from the ADC or any

third party.

(b)

Hearing Process

(i) When the ADC sends a notice to an Athlete or other

Person notifying them of a potential anti-doping rule violation, and the

Athlete or other Person does not waive a hearing in accordance with

sub-regulation (3)(a) or (b), then the case shall be referred to the

NADDP for hearing and adjudication, which shall be conducted in

accordance with the principles described in Regulations 8 and 9 of the

International Standard for Results Management.

(ii) The Chairperson shall appoint three (3) members (which

may include the Chairperson) to hear that case. When hearing a case,

one (1) panel member shall be a qualified lawyer, with no less than three

(3) years of relevant legal experience, and one (1) panel member shall

be a qualified medical practitioner, with no less than three (3) years of

relevant medical experience.

(iii) Upon appointment by the Chairperson as a member of

NADDP, each member must also sign a declaration that there are no

facts or circumstances known to him which might call into question

their impartiality in the eyes of any of the parties, other than those

circumstances disclosed in the declaration.

(iv) Hearings held in connection with Events in respect to

Athletes and other Persons who are subject to these Anti-Doping

Regulations may be conducted by an expedited process where permitted

by the NADDP.

(v) WADA, the International Federation, and the National

Sports Organisation of the Athlete or other Person may attend the

hearing as observers. In any event, the NADDP shall keep them fully

apprised as to the status of pending cases and the result of all hearings.

(2) Notice of Decisions

(a)

At the end of the hearing, or promptly thereafter, the NADDP

shall issue a written decision that conforms with Article 9 of the

International Standard for Results Management and which includes the full

reasons for the decision, the period of Ineligibility imposed, the

Disqualification of results under Regulation 10(10) and, if applicable, a

justification for why the greatest potential Consequences were not imposed.

(b) The NADDP shall notify that decision to the Athlete or other

Person and to other Anti-Doping Organisations with a right to appeal under

Regulation 13(2)(c), and shall promptly report it into ADAMS. The decision

may be appealed as provided in Regulation 13.

(3) Waiver of Hearing

(a)

An Athlete or other Person against whom an anti-doping rule

violation is asserted may waive a hearing expressly and agree with the

Consequences proposed by the ADC.

(b) However, if the Athlete or other Person against whom an anti-

doping rule violation is asserted fails to dispute that assertion within the

deadline otherwise specified in the notice sent by the ADC asserting the

violation, then they shall be deemed to have waived a hearing, to have

admitted the violation and to have accepted the proposed Consequences.

(c)

In cases where paragraph (a) or paragraph (b) applies, a hearing

before NADDP shall not be required. Instead the ADC shall promptly issue a

written decision that conforms with Article 9 of the International Standard

for Results Management and which includes the full reasons for the decision,

the period of Ineligibility imposed, the Disqualification of results under

Regulation 10(10) and, if applicable, a justification for the reasons why the

greatest potential Consequences were not imposed.

(d) The ADC shall notify that decision to the Athlete or other Person

and to other Anti-Doping Organisations with a right to appeal under

Regulation 13(2)(c), and shall promptly report it into ADAMS. The ADC

shall Publicly Disclose that decision in accordance with Regulation 14(3)(b).

(4) Single Hearing Before CAS

Anti-doping rule violations asserted against International-Level

Athletes, National-Level Athletes or other Persons may, with the consent of the

Athlete or other Person, the ADC and WADA, be heard in a single hearing directly

at CAS.

REGULATION 9 AUTOMATIC

OF

DISQUALIFICATION

INDIVIDUAL RESULTS

An anti-doping rule violation in Individual Sports in connection with an In-

Competition test automatically leads to Disqualification of the result obtained in

that Competition with all resulting Consequences, including forfeiture of any

medals, points and prizes.

REGULATION 10 SANCTIONS ON INDIVIDUALS

(1) Disqualification of Results in the Event during which an Anti-Doping

Rule Violation Occurs

(a)

An anti-doping rule violation occurring during or in connection

with an Event may, upon the decision of the ruling body 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, except as provided in paragraph (b).

Factors to be included in considering whether to Disqualify other

results in an Event might include, for example, the seriousness of the

Athlete’s anti-doping rule violation and whether the Athlete tested negative in

the other Competitions.

(b) 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) Ineligibility for Presence, Use or Attempted Use or Possession of a

Prohibited Substance or Prohibited Method

The period of Ineligibility for a violation of paragraph (a), paragraph (b)

or paragraph (f) shall be as follows, subject to potential elimination, reduction or

suspension pursuant to sub-regulations (5), (6) or (7)

(a)

The period of Ineligibility, subject to paragraph (d), shall be four

(4) years where

(i)

the anti-doping rule violation does not involve a Specified

Substance or a Specified Method, 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 or a Specified Method, and NADOMALTA can establish that

the anti-doping rule violation was intentional.

(b) If paragraph (a) does not apply, subject to paragraph (c)(i), the

period of Ineligibility shall be two (2) years.

(c)

As used in this sub-regulation, the term "intentional" is meant to

identify those Athletes or other Persons who engage in conduct which they

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.

(d) Notwithstanding any other provision in this sub-regulation,

where the anti-doping rule violation involves a Substance of Abuse

(i) if the Athlete can establish that any ingestion or Use

occurred Out-of-Competition and was unrelated to sport performance,

then the period of Ineligibility shall be three (3) months Ineligibility.

In addition, the period of Ineligibility calculated under this

sub-paragraph may be reduced to one (1) month if the Athlete or other

Person satisfactorily completes a Substance of Abuse treatment

program approved by NADOMALTA. The period of Ineligibility

established in this sub-paragraph is not subject to any reduction based

on any provision in sub-regulation (6);

(ii) if the ingestion, Use or Possession occurred In-

Competition, and the Athlete can establish that the context of the

ingestion, Use or Possession was unrelated to sport performance, then

the ingestion, Use or Possession shall not be considered intentional for

purposes of paragraph (a) and shall not provide a basis for a finding of

Aggravating Circumstances under sub-regulation (4).

(3) Ineligibility for Other Anti-Doping Rule Violations

The period of Ineligibility for anti-doping rule violations other than as

provided in sub-regulation (2) shall be as follows, unless sub-regulations (6) or (7)

are applicable

(a)

For violations of Regulation 2(3) or (5), the period of Ineligibility

shall be four (4) years except

(i) in the case of failing to submit to Sample collection, if the

Athlete can establish that the commission of the anti-doping rule

violation was not intentional, the period of Ineligibility shall be two (2)

years;

(ii) in all other cases, if the Athlete or other Person can

establish exceptional circumstances that justify a reduction of the period

of Ineligibility, the period of Ineligibility shall be in a range from two

(2) years to four (4) years depending on the Athlete or other Person’s

degree of Fault; or

(iii) in a case involving a Protected Person or Recreational

Athlete, the period of Ineligibility shall be in a range between a

maximum of two (2) years and, at a minimum, a reprimand and no

period of Ineligibility, depending on the Protected Person or

Recreational Athlete’s degree of Fault.

(b) For violations of Regulation 2(4), the period of Ineligibility shall

be two (2) years, subject to reduction down to a minimum of one (1) year,

depending on the Athlete’s degree of Fault. The flexibility between two (2)

years and one (1) year of Ineligibility in this paragraph 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 2(7) or (8), the period of Ineligibility

shall be a minimum of four (4) years up to lifetime Ineligibility, depending on

the seriousness of the violation. A Regulation 2(7) or (8) violation involving

a Protected Person 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 2(7) or (8) which

may also violate non-sporting laws and regulations, shall be reported to the

competent administrative, professional or judicial authorities.

(d) For violations of Regulation 2(9), the period of Ineligibility

imposed shall be a minimum of two (2) years, up to lifetime Ineligibility,

depending on the seriousness of the violation.

(e)

For violations of Regulation 2(10), the period of Ineligibility

shall be two (2) years, subject to reduction down to a minimum of one (1)

year, depending on the Athlete or other Person’s degree of Fault and other

circumstances of the case.

(f)

For violations of Regulation 2(11), the period of Ineligibility shall

be a minimum of two (2) years, up to lifetime Ineligibility, depending on the

seriousness of the violation by the Athlete or other Person.

(4) Aggravating Circumstances which may Increase the Period of

Ineligibility

If the NADDP establishes in an individual case involving an anti-doping

rule violation other than violations under Regulation 2(7) (Trafficking or Attempted

Trafficking), 2(8) (Administration or Attempted Administration), 2(9) (Complicity

or Attempted Complicity) or 2(11) (Acts by an Athlete or other Person to

Discourage or Retaliate Against Reporting) that Aggravating Circumstances are

present which justify the imposition of a period of Ineligibility greater than the

standard sanction, then the period of Ineligibility otherwise applicable shall be

increased by an additional period of Ineligibility of up to two (2) years depending

on the seriousness of the violation and the nature of the Aggravating

Circumstances, unless the Athlete or other Person can establish that he did not

knowingly commit the anti-doping rule violation.

(5) Elimination of the Period of Ineligibility where there is No Fault or

Negligence

If an Athlete or other Person establishes in an individual case that he or

she bears No Fault or Negligence, then the otherwise applicable period of

Ineligibility shall be eliminated.

(6) Reduction of the Period of Ineligibility based on No Significant Fault or

Negligence

(a)

Reduction of Sanctions in Particular Circumstances for

Violations of Regulation 2(1), (2) or (6).

All reductions under this paragraph are mutually exclusive and not

cumulative.

(i)

Specified Substances or Specified Methods

Where the anti-doping rule violation involves a Specified

Substance (other than a Substance of Abuse) or Specified Method, 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 (2)

years of Ineligibility, depending on the Athlete’s or other Person’s

degree of Fault.

(ii) Contaminated Products

In cases where the Athlete or other Person can establish both No

Significant Fault or Negligence and that the detected Prohibited

Substance (other than a Substance of Abuse) 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 (2)

years Ineligibility, depending on the Athlete or other Person’s degree of

Fault.

(iii) Protected Persons or Recreational Athletes

Where the anti-doping rule violation not involving a

Substance of Abuse is committed by a Protected Person or Recreational

Athlete, and the Protected Person or Recreational Athlete 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 (2) years Ineligibility, depending on the Protected

Person or Recreational Athlete’s degree of Fault.

(b) Application of No Significant Fault or Negligence beyond the

application of paragraph (a)

If an Athlete or other Person establishes in an individual case

where paragraph (a) is not applicable, that he or she bears No Significant

Fault or Negligence, then, subject to further reduction or elimination as

provided in sub-regulation (7), the otherwise 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 paragraph

may be no less than eight (8) years.

(7) Elimination, Reduction, or Suspension of Period of Ineligibility or other

Consequences for Reasons Other than Fault

(a)

Substantial Assistance in Discovering or Establishing Code

(i) The ADC may, prior to an appellate decision under

Regulation 13 or the expiration of the time to appeal, suspend a part of

the Consequences (other than Disqualification and mandatory Public

Disclosure) 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

(A) the Anti-Doping Organisation discovering or

bringing forward an anti-doping rule violation by another

Person; or

(B) which results in a criminal or disciplinary body

discovering or bringing forward a criminal offence 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 ADC or other Anti-Doping

Organisation with Results Management responsibility; or

(C) which results in WADA initiating a proceeding

against a Signatory, WADA-accredited laboratory, or Athlete

passport management unit (as defined in the International

Standard for Laboratories) for non-compliance with the Code,

International Standard or Technical Document; or

(D) with the approval by WADA, which results in a

criminal or disciplinary body bringing forward a criminal

offence or the breach of professional or sport rules arising out of

a sport integrity violation other than doping. After an appellate

decision under Regulation 13 or the expiration of time to appeal,

NADOMALTA may only suspend a part of the otherwise

applicable Consequences 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, non-compliance

with the Code and, or sport integrity violations. 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 sub-paragraph must be no

less than eight (8) years. For purposes of this sub-paragraph, the

otherwise applicable period of Ineligibility shall not include any period

of Ineligibility that could be added under sub-regulation (9)(c)(ii).

If so requested by an Athlete or other Person who seeks to

provide Substantial Assistance, NADOMALTA shall allow the Athlete or

other Person to provide the information to it subject to a Without

Prejudice Agreement.

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 Consequences was based, NADOMALTA shall

reinstate the original Consequences. If NADOMALTA decides to

reinstate suspended Consequences or decides not to reinstate suspended

Consequences, that decision may be appealed by any Person entitled to

appeal under Regulation 13.

(ii) To further encourage Athletes and other Persons to provide

Substantial Assistance to Anti-Doping Organisations, at the request of

the ADC or at the request of the Athlete or other Person who has, or has

been asserted to have, committed an anti-doping rule violation, or other

violation of these regulations, WADA may agree at any stage of the

Results Management process, including after an appellate decision

under Regulation 13, 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 sub-

paragraph, or even no period of Ineligibility, no mandatory Public

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

costs. WADA’s approval shall be subject to reinstatement of

Consequences, as otherwise provided in this sub-paragraph.

Notwithstanding the provisions of Regulation 13, WADA’s decisions in

the context of this sub-paragraph may not be appealed.

(iii) If NADOMALTA 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 Organisations with a right to appeal under Regulation

13(2)(c) as provided in Regulation 14(2). In unique circumstances

where WADA determines that it would be in the best interest of anti-

doping, WADA may authorize NADOMALTA to enter into appropriate

confidentiality agreements limiting or delaying the disclosure of the

Substantial Assistance agreement or the nature of Substantial

Assistance being provided.

(b) Admission of an Anti-Doping Rule Violation in the Absence of

Other Evidence

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 Regulation 2(1), before

receiving first notice of the admitted violation pursuant to Regulation 7) 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.

(c)

Application of Multiple Grounds for Reduction of a Sanction

Where an Athlete or other Person establishes entitlement to

reduction in sanction under more than one provision of sub-regulations (5),

(6) or this sub-regulation, before applying any reduction or suspension under

this sub-regulation, the otherwise applicable period of Ineligibility shall be

determined in accordance with sub-regulations (2), (3), (5) and (6). If the

Athlete or other Person establishes entitlement to a reduction or suspension

of the period of Ineligibility under this sub-regulation, then the period of

Ineligibility may be reduced or suspended, but not below one-fourth of the

otherwise applicable period of Ineligibility.

(8) Results Management Agreements

(a)

One (1) Year Reduction for Certain Anti-Doping Rule Violations

Based on Early Admission and Acceptance of Sanction

Where an Athlete or other Person, after being notified by the

ADC of a potential anti-doping rule violation that carries an asserted period

of Ineligibility of four (4) or more years (including any period of Ineligibility

asserted under sub-regulation (4)), admits the violation and accepts the

asserted period of Ineligibility no later than twenty (20) days after receiving

notice of an anti-doping rule violation charge, the Athlete or other Person

may receive a one (1) year reduction in the period of Ineligibility asserted by

the ADC. Where the Athlete or other Person receives the one (1) year

reduction in the asserted period of Ineligibility under this paragraph, no

further reduction in the asserted period of Ineligibility shall be allowed under

any other regulation.

(b)

Case Resolution Agreement

Where the Athlete or other Person admits an anti-doping rule

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

ADC and agrees to Consequences acceptable to the ADC and WADA, at their

sole discretion, then

(i) the Athlete or other Person may receive a reduction in the

period of Ineligibility based on an assessment by the ADC and WADA of

the application of sub-regulations (1) to (7) to the asserted anti-doping

rule violation, the seriousness of the violation, the Athlete or other

Person’s degree of Fault and how promptly the Athlete or other Person

admitted the violation; and

(ii) 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 paragraph is

applied, the Athlete or other Person shall serve at least one-half of the

agreed-upon period of Ineligibility going forward from the earlier of the

date the Athlete or other Person accepted the imposition of a sanction or

a Provisional Suspension which was subsequently respected by the

Athlete or other Person. The decision by WADA and the ADC to enter or

not enter into a case resolution agreement, and the amount of the

reduction to, and the starting date of the period of Ineligibility, are not

matters for determination or review by a hearing body and are not

subject to appeal under Regulation 13.

If so requested by an Athlete or other Person who seeks to

enter into a case resolution agreement under this paragraph, the ADC

shall allow the Athlete or other Person to discuss an admission of the

anti-doping rule violation with it subject to a Without Prejudice

Agreement.

(9) Multiple Violations

(a)

Second or Third Anti-Doping Rule Violation

(i) For an Athlete or other Person’s second anti-doping rule

violation, the period of Ineligibility shall be the greater of

(A)

a six (6) month period of Ineligibility; or

(B)

a period of Ineligibility in the range between

-

the sum of the period of Ineligibility imposed

for the first anti-doping rule violation plus the period of

Ineligibility otherwise applicable to the second anti-doping

rule violation treated as if it were a first violation, and

-

twice the period of Ineligibility otherwise

applicable to the second anti-doping rule violation treated

as if it were a first violation.

The period of Ineligibility within this range shall be

determined based on the entirety of the circumstances and the Athlete or

other Person’s degree of Fault with respect to the second violation.

(ii) 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 (5) or (6), or involves a violation of Regulation

2.4. In these particular cases, the period of Ineligibility shall be from

eight (8) years to lifetime Ineligibility.

(iii) The period of Ineligibility established in sub-paragraphs (i)

and (ii) may then be further reduced by the application of sub-regulation

(7).

(b) An anti-doping rule violation for which an Athlete or other

Person has established No Fault or Negligence shall not be considered a

violation for purposes of this sub-regulation. In addition, an anti-doping rule

violation sanctioned under sub-regulation (2)(d)(i) shall not be considered a

violation for purposes of this sub-regulation.

(c)

Additional Regulations for Certain Potential Multiple Violations

(i) For purposes of imposing sanctions under this sub-

regulation, except as provided in paragraph (c)(ii) and (iii), an anti-

doping rule violation will only be considered a second violation if the

ADC can establish that the Athlete or other Person committed the

additional anti-doping rule violation after the Athlete or other Person

received notice pursuant to Regulation 7, or after the ADC made

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

the ADC 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, including

the application of Aggravating Circumstances. Results in all

Competitions dating back to the earlier anti-doping rule violation will

be Disqualified as provided in sub-regulation (10).

(ii) If the ADC establishes that an Athlete or other Person

committed an additional anti-doping rule violation prior to notification,

and that the additional violation occurred twelve (12) months or more

before or after the first-noticed violation, then the period of Ineligibility

for the additional violation shall be calculated as if the additional

violation were a stand-alone first violation and this period of

Ineligibility is served consecutively, rather than concurrently, with the

period of Ineligibility imposed for the earlier-noticed violation. Where

this sub-paragraph applies, the violations taken together shall constitute

a single violation for purposes of paragraph (a).

(iii) If the ADC establishes that an Athlete or other Person

committed a violation of Regulation 2(5) in connection with the Doping

Control process for an underlying asserted anti-doping rule violation,

the violation of Regulation 2(5) shall be treated as a stand-alone first

violation and the period of Ineligibility for such violation shall be

served consecutively, rather than concurrently, with the period of

Ineligibility, if any, imposed for the underlying anti-doping rule

violation. Where this sub-paragraph is applied, the violations taken

together shall constitute a single violation for purposes of paragraph (a).

(iv) If the ADC establishes that an Athlete or other Person has

committed a second or third anti-doping rule violation during a period

of Ineligibility, the periods of Ineligibility for the multiple violations

shall run consecutively, rather than concurrently.

(d)

Multiple Anti-Doping Rule Violations during Ten (10) Year

Period

For the purposes of this sub-regulation, each anti-doping rule

violation must take place within the same ten (10) year period in order to be

considered multiple violations.

(10) Disqualification of Results in Competitions Subsequent to Sample

Collection or Commission of an Anti-Doping Rule Violation

In addition to the automatic Disqualification of the results in the

Competition which produced the positive Sample under Regulation 9, 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.

(11) Forfeited Prize Money

If NADOMALTA recovers prize money forfeited as a result of an anti-

doping rule violation, it shall take reasonable measures to allocate and distribute

this prize money to the Athletes who would have been entitled to it had the

forfeiting Athlete not competed.

(12) Financial Consequences

(a)

Where an Athlete or other Person commits an anti-doping rule

violation, NADOMALTA may, in its discretion and subject to the principle of

proportionality, elect to recover from the Athlete or other Person costs

associated with the anti-doping rule violation, regardless of the period of

Ineligibility imposed.

(b) The imposition of NADOMALTA’s recovery of costs shall not be

considered a basis for reducing the Ineligibility or other sanction which would

otherwise be applicable under these Anti-Doping Regulations.

(13) Commencement of Ineligibility Period

Where an Athlete is already serving a period of Ineligibility for an anti-

doping rule violation, any new period of Ineligibility shall commence on the first

day after the current period of Ineligibility has been served. Otherwise, except as

provided below, 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.

(a)

Delays Not Attributable to the Athlete or other Person

Where there have been substantial delays in the hearing process

or other aspects of Doping Control, and the Athlete or other Person can

establish that such delays are not attributable to the Athlete or other Person,

NADOMALTA or NADDP, if applicable, 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.

(b)

Credit for Provisional Suspension or Period of Ineligibility

Served

(i) If a Provisional Suspension is 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 the Athlete or other Person does

not respect a Provisional Suspension, then the Athlete or other Person

shall receive no credit for any period of Provisional Suspension served.

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.

(ii) If an Athlete or other Person voluntarily accepts a

Provisional Suspension in writing from the ADC 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 14(1).

(iii) 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 a team.

(iv) 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.

(14) Status during Ineligibility or Provisional Suspension

(a)

Prohibition Against

Participation

during

or

Ineligibility

Provisional Suspension

No Athlete or other Person who has been declared Ineligible or is

subject to a Provisional Suspension may, during a period of Ineligibility or

Provisional Suspension, participate in any capacity in a Competition or

activity (other than authorized anti-doping Education or rehabilitation

programs) authorized or organized by any Signatory, Signatory’s member

Organisation, or a club or other member Organisation of a Signatory’s

member Organisation, or in Competitions authorized or organized by any

professional league or any international- or national-level Event Organisation

or any elite or national-level sporting activity funded by a governmental

agency.

An Athlete or other Person subject to a period of Ineligibility

longer than four (4) years may, after completing four (4) years of the period

of Ineligibility, participate as an Athlete in local sport events not sanctioned

or otherwise under the authority of a Code Signatory or member of a Code

Signatory, 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 Protected Persons.

An Athlete or other Person subject to a period of Ineligibility

shall remain subject to Testing and any requirement by the ADC to provide

whereabouts information.

(b)

Return to Training

As an exception to paragraph (a), an Athlete may return to train

with a team or to use the facilities of a club or of a national sports

Organisation during the shorter of

(i)

the last two months of the Athlete’s period of Ineligibility,

or

(ii)

the last one-quarter of the period of Ineligibility imposed.

(C) Violation of the Prohibition of Participation During Ineligibility

or Provisional Suspension

Where an Athlete or other Person who has been declared

Ineligible violates the prohibition against participation during Ineligibility

described in paragraph (a), 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, including a reprimand and no

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

Anti-Doping Organisation whose Results Management led to the imposition

of the initial period of Ineligibility. This decision may be appealed under

Regulation 13.

An Athlete or other Person who violates the prohibition against

participation during a Provisional Suspension described in paragraph (a)

shall receive no credit for any period of Provisional Suspension served and

the results of such participation shall be Disqualified.

Where an Athlete Support Person or other Person assists a

Person in violating the prohibition against participation during Ineligibility

or a Provisional Suspension, the NADDP shall impose sanctions for a

violation of Regulation 2(9) for such assistance.

(d)

Withholding of Financial Support during Ineligibility

In addition, for any anti-doping rule violation not involving a

reduced sanction as described in sub-regulation (5) or (6), some or all sport-

related financial support or other sport-related benefits received by such

Person will be withheld by the national sports organisation, the Government

of Malta, the National Olympic Committee of Malta and the National

Paralympic Committee of Malta.

(15) Automatic Publication of Sanction

A mandatory part of each sanction shall include automatic publication,

as provided in Regulation 14(3).

REGULATION 11 CONSEQUENCES TO TEAMS

(1) Testing of Team Sports

Where more than one (1) member of a team in a Team Sport has been

notified of an anti-doping rule violation under Regulation 7 in connection with an

Event, the ruling body for the Event shall conduct appropriate Target Testing of the

team during the Event Period.

(2) Consequences for Team Sports

If more than two (2) 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 (e.g., loss of

points, Disqualification from a Competition or Event, or other sanction) in addition

to any Consequences imposed upon the individual Athletes committing the anti-

doping rule violation.

(3) Event Ruling Body may Establish Stricter Consequences for Team

Sports

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.

REGULATION 12

SANCTIONS BY SPORTMALTA

AGAINST

OTHER SPORTING BODIES

When the Government, SportMalta or NADOMALTA becomes aware

that a national sports organisation in Malta or any other sporting body in Malta

over which it has authority has failed to comply with, implement, uphold, and

enforce these Anti-Doping Regulations within that Organisation’s or body’s area

of competence, NADOMALTA may take the following additional disciplinary

actions

(1) Exclude all, or some group of, members of that Organisation or body

from specified future Events or all Events conducted within a specified period of

time.

(2) Take additional disciplinary actions with respect to that Organisation’s

or body’s recognition, the eligibility of their members to participate in the

Organisation or body’s activities based on the following

(a)

Four (4) or more violations of these Anti-Doping Regulations

(other than violations involving Regulation 2(4)) are committed by Athletes

or other Persons affiliated with that Organisation or body during a twelve

(12) month period. In such event all or some group of members of that

Organisation or body may be banned from participation in any NADOMALTA

activities for a period of up to two (2) years.

(b) Four (4) or more violations of these Anti-Doping Regulations

(other than violations involving Regulation 2(4)) are committed in addition

to the violations described in paragraph (a) by Athletes or other Persons

affiliated with that Organisation or body during a twelve (12) month period

in testing conducted by the international federation or by the anti-doping

organisations including NADOMALTA. In such event, that Organisation or

body may be suspended for a period of up to four (4) years.

(c)

More than one Athlete or other Person affiliated with that

Organisation or body commits an anti-doping rule violation during an

International Event. In such event, that Organisation or body may, at

SportMalta’s discretion, withhold any assistance proposed or already

committed to the national sports organisation involved; and

(d) That Organisation or body has failed to make diligent efforts to

keep NADOMALTA informed about an Athlete’s whereabouts after receiving

a request for that information from NADOMALTA. In such event, the

Government or SportMalta, at its discretion, may withhold any assistance

proposed or already committed to the national association involved, in

addition to all of NADOMALTA’s costs incurred in testing that national sports

organisation’s Athletes.

(3) Withhold some or all funding or other financial and non-financial

support to that Organisation or body.

(4) Oblige that Organisation or body to reimburse NADOMALTA for all

costs (including but not limited to laboratory fees, hearing expenses, and travel)

related to a violation of these Anti-Doping Regulations committed by an Athlete or

other Person affiliated with that Organisation or body.

REGULATION 13

RESULTS MANAGEMENT: APPEALS

(1) Decisions Subject to Appeal

Decisions made under the Code or these Anti-Doping Regulations may

be appealed as set forth below in sub-regulations (2) to (7) or as otherwise

provided in these Anti-Doping Regulations, the Code or the International

Standards. Such decisions shall remain in effect while under appeal unless the

appellate body orders otherwise.

(a)

Scope of Review Not Limited

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

initial decision maker. Any party to the appeal may submit evidence, legal

arguments and claims that were not raised in the first instance hearing so long

as they arise from the same cause of action or same general facts or

circumstances raised or addressed in the first instance hearing.

(b)

CAS shall Not Defer to the Findings Being Appealed

In making its decision, CAS shall not give deference to the

discretion exercised by the body whose decision is being appealed.

(c)

WADA Not Required to Exhaust Internal Remedies

Where WADA has a right to appeal under this regulation and no

other party has appealed a final decision within NADOMALTA’s process,

WADA may appeal such decision directly to CAS without having to exhaust

other remedies in NADOMALTA’s process.

(2) Appeals from Decisions Regarding Anti-doping Rule Violations,

Consequences, Provisional Suspensions, Implementation of Decisions and

Authority

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 (including, for example, prescription); a decision by WADA not

to grant an exception to the six (6) month notice requirement for a retired Athlete

to return to competition under Regulation 5(6)(a); a decision by WADA assigning

Results Management under Article 7(1) of the Code; a decision by the ADC 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 in accordance with the International Standard for

Results Management; a decision to impose, or lift, a Provisional Suspension as a

result of a Provisional Hearing; the ADC’s failure to comply with Regulation 7(4);

a decision that the ADC lacks authority to rule on an alleged anti-doping rule

violation or its Consequences; a decision to suspend, or not suspend,

Consequences or to reinstate, or not reinstate, Consequences under Regulation

10(7)(a); failure to comply with Article 7.1.4 and 7.1.5 of the Code; failure to

comply with Regulation 10(8)(a); a decision under Regulation 10(14)(c); a

decision by NADOMALTA not to implement another anti-doping organisation’s

decision under Regulation 15; and a decision under Article 27.3 of the Code may

be appealed exclusively as provided in this sub-regulation.

(a)

Appeals Involving International-Level Athletes or International

Events

In cases arising from participation in an International Event or in

cases involving International-Level Athletes, the decision may be appealed

exclusively to CAS.

(b)

Appeals Involving Other Athletes or Other Persons

In cases where paragraph (a) is not applicable, the decision may

be appealed to the NADAP. The appeal process shall be carried out in

accordance with the International Standard for Results Management.

(i)

Hearings before the NADAP

(A) The NADAP shall consist of an independent

Chairperson and six (6) other independent members.

(B) Each member shall be appointed by taking into

consideration their requisite anti-doping experience including

their legal, sports, medical and, or scientific expertise. Each

member shall be appointed for a once renewable term of three

(3) years.

(C) The appointed members shall be Operationally and

Institutionally Independent. Board members, staff members,

commission members, consultants and officials of

NADOMALTA or its affiliates (such as a Delegated Third Party),

as well as any Person involved in the investigation, pre-

adjudication or Results Management of the matter, cannot be

appointed as members and, or clerks of the NADAP. In

particular, no member shall have previously considered any

TUE application, Results Management decision, first instance,

or appeal involving the same Athlete in a given case.

(D) The NADAP shall be in a position to conduct the

hearing and decision-making process without interference from

NADOMALTA or any third party.

(E) If a member appointed by the Chairperson to hear a

case is unwilling or unable, for whatever reason, to hear the

case, the Chairperson may appoint a replacement or appoint a

new hearing panel.

(F) The NADAP has the power, at its absolute discretion,

to appoint an expert to assist or advise the panel.

(G) The International Federation, the National Sports

Organisation concerned, the National Olympic Committee, if

not a party (or parties) to the proceedings, and WADA each have

the right to attend hearings of the NADAP as an observer.

(H) Hearings pursuant to this regulation should be

completed as expeditiously as possible. Hearings held in

connection with events may be conducted on an expedited basis.

(ii) Proceedings of the NADAP

(A) The proceedings of the NADAP shall respect the

principles described in Articles 8, 9, and 10 of the International

Standard for Results Management.

(B) The Chairperson shall appoint three (3) members

(which may include the Chairperson) to hear the appeal. When

hearing an appeal, one (1) panel member shall be a qualified

lawyer, with no less than three (3) years of relevant legal

experience, and one (1) panel member shall be a qualified

medical practitioner, with no less than three (3) years of relevant

medical experience.

(C) Upon appointment by the Chairperson as a member

of an NADAP, each member must also sign a declaration that

there are no facts or circumstances known to him which might

call into question their impartiality in the eyes of any of the

parties, other than those circumstances disclosed in the

declaration.

(D) The appellant shall present his case and the

respondent party or parties shall present his or their case(s) in

reply.

(E) If any party or his representative fail to attend a

hearing after notification, the hearing may nevertheless proceed.

(F) Each party shall have the right to be represented by

counsel at a hearing at that party’s own expense.

(G) Each party shall have the right to an interpreter at the

hearing at that party’s expense.

(H) Each party to the proceedings has the right to access

and present relevant evidence, to submit written and oral

submissions, and to call and examine witnesses.

(iii) Decisions of the NADAP

(A) At the end of the hearing, or promptly thereafter, the

NADAP shall issue a written, dated and signed decision that

respects the principles of Article 9 of the International Standard

for Results Management.

(B) The decision shall notably include the full reasons

for the decision and for any period of Ineligibility imposed,

including (if applicable) a justification for why the maximum

potential sanction was not imposed.

(C) NADAP shall notify the decision to the Athlete or

other Person, to his or her National Federation, and to Anti-

Doping Organisations with a right to appeal under paragraph (c)

(appeal to CAS), and shall promptly report it into ADAMS.

(D) The decision may be appealed as provided in

paragraph (c) and publicly disclosed as provided in Regulation

14(3).

(c)

Persons Entitled to Appeal

(i) Appeals

involving

or

International-Level

Athletes

International Events

In cases under sub-regulation (2)(a), the following

parties shall have the right to appeal to CAS

(A)

the Athlete or other Person who is the subject of

the decision being appealed;

(B)

the other party to the case in which the decision

was rendered;

(C)

the relevant International Federation;

(D)

NADOMALTA and (if different) the National Anti-

Doping Organisation of the Person’s country of residence or

countries where the Person is a national or license holder;

(E)

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

(F)

WADA.

(ii)

Appeals Involving Other Athletes or Other Persons

In cases under sub-regulation (2)(b), the following parties

shall have the right to appeal

(A)

the Athlete or other Person who is the subject of

the decision being appealed;

(B)

the other party to the case in which the decision

was rendered;

(C)

the relevant International Federation;

(D)

NADOMALTA and (if different) the National

Anti-Doping Organisation of the Person’s country of residence

or countries where the Person is a national or license holder;

(E)

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

(F)

WADA.

For cases under sub-regulation (2)(b), 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 NADAP.

Any party filing an appeal shall be entitled to assistance

from CAS to obtain all relevant information from the Anti-Doping

Organisation whose decision is being appealed and the information

shall be provided if CAS so directs.

(iii) Duty to Notify

All parties to any CAS appeal must ensure that WADA and

all other parties with a right to appeal have been given timely notice of

the appeal.

(iv) Appeal from Imposition of Provisional Suspension

Notwithstanding any other provision herein, the only

Person who may appeal from the imposition of a Provisional

Suspension is the Athlete or other Person upon whom the Provisional

Suspension is imposed.

(v)

Appeal from Decisions under Regulation 12

Decisions by NADOMALTA pursuant to Regulation 12

may be appealed to NADAP by the National Sports Organisation or

other body.

(d)

Cross Appeals and other Subsequent Appeals Allowed

Cross appeals and other subsequent appeals by any respondent

named in cases brought to CAS under the Code are specifically permitted.

Any party with a right to appeal under this regulation must file a cross appeal

or subsequent appeal at the latest with the party’s answer.

(3) Failure to Render a Timely Decision by NADDP

Where, in a particular case, NADDP 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

NADDP 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

NADDP.

(4

Appeals Relating to TUEs

TUE decisions may be appealed exclusively as provided in Regulation

4(4).

(5) Notification of Appeal Decisions

The NADAP 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 (2)(c) as provided under Regulation 14(2).

(6) Time for Filing Appeals

(a)

Appeals to CAS

The time to file an appeal to CAS shall be twenty-one (21) days

from the date of receipt of the decision by the appealing party. The above

notwithstanding, the following shall apply in connection with appeals filed

by a party entitled to appeal but which was not a party to the proceedings that

led to the decision being appealed

(i) within fifteen (15) days from the notice of the decision,

such party/ies shall have the right to request a copy of the full case file

pertaining to the decision from the Anti-Doping Organisation that had

Results Management authority;

(ii) if such a request is made within the fifteen (15) day period,

then the party making such request shall have twenty-one (21) days

from receipt of the file to file an appeal to CAS.

Notwithstanding the above, the filing deadline for an appeal filed by

WADA shall be the later of

(i) twenty-one (21) days after the last day on which any other

party having a right to appeal could have appealed, or

(ii) twenty-one (21) days after WADA’s receipt of the complete

file relating to the decision.

(b)

Appeals under sub-regulation (2)(b)

The time to file an appeal to NADAP shall be twenty (20) days

from the date of receipt of the decision by the appealing party.

Notwithstanding the above, 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

(i) within fifteen (15) days from notice of the decision, such

party/ies shall have the right to request a copy of the full case file

pertaining to the decision from the Anti-Doping Organisation that had

Results Management authority;

(ii) if such a request is made within the fifteen (15) day period,

then the party making such request shall have twenty (20) days from

receipt of the file to file an appeal to NADAP.

Notwithstanding the above, the filing deadline for an appeal filed by

WADA shall be the later of

(i) twenty-one (21) days after the last day on which any other

party having a right to appeal could have appealed, or

(ii) twenty-one (21) days after WADA’s receipt of the complete

file relating to the decision.

REGULATION 14

CONFIDENTIALITY AND REPORTING

(1) Information Concerning Adverse Analytical

Findings,

Atypical

Findings, and Other Asserted Anti-doping Rule Violations

(a)

Notice of Anti-Doping Rule Violations to Athletes and other

Persons

Notice to Athletes or other Persons of anti-doping rule violations

asserted against them shall occur as provided under this Regulation and

Regulation 7.

If at any point during Results Management up until the anti-

doping rule violation charge, the ADC decides not to move forward with a

matter, it must notify the Athlete or other Person (provided that the Athlete or

other Person had been already informed of the ongoing Results

Management).

(b) Notice of anti-doping rule violations to National Anti-Doping

Organisations, International Federations and WADA

Notice of the assertion of an anti-doping rule violation to the

Athlete’s or other Person’s National Anti-Doping Organisation, if different

from the ADC, International Federation and WADA shall occur as provided

under this Regulation and Regulation 7, simultaneously with the notice to the

Athlete or other Person.

If at any point during Results Management up until the anti-

doping rule violation charge, the ADC decides not to move forward with a

matter, it must give notice (with reasons) to the Anti-Doping Organisations

with a right of appeal under Regulation 13(2)(c).

(c)

Content of an Anti-Doping Rule Violation Notice

Notification of an anti-doping rule violation shall include: the

Athlete’s or other Person’s name, country, sport and discipline within the

sport, the Athlete’s competitive level, 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 Results Management.

Notification of anti-doping rule violations other than under

Regulation 2(1) shall also include the rule violated and the basis of the

asserted violation.

(d)

Status Reports

Except with respect to investigations which have not resulted in a notice

of an anti-doping rule violation pursuant to paragraph (a), the Athlete’s or

other Person’s National Anti-Doping Organisation, if different from the

ADC, International Federation and WADA shall be regularly updated on the

status and findings of any review or proceedings conducted pursuant to

Regulations 7, 8 or 13 and shall be provided with a prompt written reasoned

explanation or decision explaining the resolution of the matter.

(e)

Confidentiality

The recipient organisations shall not disclose this information

beyond those persons with a need to know (which would include the

appropriate personnel at the applicable National Olympic Committee,

National Sports Organisation, and team in a Team Sport) until the ADC has

made Public Disclosure as permitted by sub-regulation (3).

(f)

Protection of Confidential Information by an Employee or Agent

of NADOMALTA

The ADC shall ensure that information concerning Adverse

Analytical Findings, Atypical Findings, and other asserted anti-doping rule

violations remains confidential until such information is Publicly Disclosed

in accordance with sub-regulation (3). The ADC shall ensure that its

employees (whether permanent or otherwise), contractors, agents,

consultants, and Delegated Third Parties are subject to a fully enforceable

contractual duty of confidentiality and to fully enforceable procedures for the

investigation and disciplining of improper and, or unauthorized disclosure of

such confidential information.

(2) Notice of Anti-Doping Rule Violation or Violations of Ineligibility or

Provisional Suspension Decisions and Request for Files

(a)

Anti-doping rule violation decisions or decisions related to

violations of Ineligibility or Provisional Suspension rendered pursuant to

Regulations 7(6), 8(2), 10(5), (6), and (7), 10(14)(c) or 13(5) shall include

the full reasons for the decision, including, if applicable, a justification for

why the maximum potential sanction was not imposed. Where the decision is

not in English or French, ADC shall provide an English or French summary

of the decision and the supporting reasons.

(b) An Anti-Doping Organisation having a right to appeal a decision

received pursuant to paragraph (a) may, within fifteen (15) days of receipt,

request a copy of the full case file pertaining to the decision.

(3) Public Disclosure

(a)

After notice has been provided to the Athlete or other Person in

accordance with the International Standard for Results Management, and to

the applicable Anti-Doping Organisations in accordance with sub-regulation

(1)(b), the identity of any Athlete or other Person who is notified of a

potential anti-doping rule violation, the Prohibited Substance or Prohibited

Method and the nature of the violation involved, and whether the Athlete or

other Person is subject to a Provisional Suspension may be Publicly

Disclosed by the ADC.

(b) No later than twenty (20) days after it has been determined in an

appellate decision under sub-regulation (2)(a) or (2)(b), or such appeal has

been waived, or a hearing in accordance with Regulation 8 has been waived,

or the assertion of an anti-doping rule violation has not otherwise been timely

challenged, or the matter has been resolved under Regulation 10(8), or a new

period of Ineligibility, or reprimand, has been imposed under Regulation

10(14)(c), the ADC must Publicly Disclose 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 (if any) and the Consequences imposed. The

ADC must also Publicly Disclose within twenty (20) days the results of

appellate decisions concerning anti-doping rule violations, including the

information described above.

(c)

After an anti-doping rule violation has been determined to have

been committed in an appellate decision under Regulation 13(2)(a) or (b) or

such appeal has been waived, or in a hearing in accordance with Regulation 8

or where such hearing has been waived, or the assertion of an anti-doping

rule violation has not otherwise been timely challenged, or the matter has

been resolved under Regulation 10(8), the ADC may make public such

determination or decision and may comment publicly on the matter.

(d) 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

fact that the decision has been appealed may be Publicly Disclosed.

However, the decision itself and the underlying facts may not be Publicly

Disclosed except with the consent of the Athlete or other Person who is the

subject of the decision. The ADC 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.

(e)

Publication shall be accomplished at a minimum by placing the

required information on NADOMALTA’s website and leaving the information

up for the longer of one (1) month or the duration of any period of

Ineligibility.

(f)

Except as provided in paragraphs (a) and (c), no Anti-Doping

Organisation, National Sports Organisation or WADA-accredited laboratory,

or any official of any such body, shall 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, or based on

information provided by, the Athlete, other Person or their entourage or other

representatives.

(g) The mandatory Public Disclosure required in paragraph (b) 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, Protected Person or

Recreational Athlete. Any optional Public Disclosure in a case involving a

Minor, Protected Person or Recreational Athlete shall be proportionate to the

facts and circumstances of the case.

(4) Statistical Reporting

The ADC shall, at least annually, publish publicly a general statistical

report of its Doping Control activities, with a copy provided to WADA. The ADC

may also publish reports showing the name of each Athlete tested and the date of

each Testing.

(5) Doping Control Information Database and Monitoring of Compliance

To enable WADA to perform its compliance monitoring role and to

ensure the effective use of resources and sharing of applicable Doping Control

information among Anti-Doping Organisations, the ADC shall report to WADA

through ADAMS Doping Control-related information, including, in particular

(a)

Athlete Biological Passport Data for International-Level Athletes

and National-Level Athletes;

(b) Whereabouts information for Athletes including those in

Registered Testing Pools;

(c)

TUE decisions; and

(d) Results Management decisions, as required under the applicable

International Standard(s).

(5)(1) To facilitate coordinated test distribution planning, avoid unnecessary

duplication in Testing by various Anti-Doping Organisations, and to ensure that

Athlete Biological Passport profiles are updated, the ADC shall report all In-

Competition and Out-of-Competition tests to WADA by entering the Doping

Control forms into ADAMS in accordance with the requirements and time-lines

contained in the International Standard for Testing and Investigations.

(5)(2) To facilitate WADA’s oversight and appeal rights for TUEs, the ADC

shall report all TUE applications, decisions and supporting documentation using

ADAMS in accordance with the requirements and time-lines contained in the

International Standard for Therapeutic Use Exemptions.

(5)(3) To facilitate WADA’s oversight and appeal rights for Results

Management, the ADC shall report the following information into ADAMS in

accordance with the requirements and time-lines outlined in the International

Standard for Results Management

(a)

notifications of anti-doping rule violations and related decisions

for Adverse Analytical Findings;

(b) notifications and related decisions for other anti-doping rule

violations that are not Adverse Analytical Findings;

(c)

whereabouts failures; and

(d) any decision imposing, lifting or reinstating a Provisional

Suspension.

(5)(4) The information described in this regulation will be made accessible,

where appropriate and in accordance with the applicable rules, to the Athlete, the

Athlete’s National Anti-Doping Organisation and International Federation, and

any other Anti-Doping Organisations with Testing authority over the Athlete.

(6) Data Privacy

(a)

NADOMALTA 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, the

International Standards (including specifically the International Standard

for the Protection of Privacy and Personal Information), these Anti-Doping

Regulations, and in compliance with applicable law.

(b)

Without limiting the foregoing, NADOMALTA shall

(i) only process personal information in accordance with a

valid legal ground;

(ii) notify any Participant or Person subject to these Anti-

Doping Regulations, in a manner and form that complies with

applicable laws and the International Standard for the Protection of

Privacy and Personal Information, that their personal information may

be processed by NADOMALTA and other Persons for the purpose of the

implementation of these Anti-Doping Regulations;

(iii) ensure that any third-party agents (including any

Delegated Third Party) with whom NADOMALTA shares the personal

information of any Participant or Person is subject to appropriate

technical and contractual controls to protect the confidentiality and

privacy of such information.

REGULATION 15

IMPLEMENTATION OF DECISIONS

(1) Automatic Binding Effect of Decisions by Signatory Anti-Doping

Organisations

(a)

A decision of an anti-doping rule violation made by a Signatory

Anti-Doping Organisation, an appellate body (Regulation 13(2)(b)) or CAS

shall, after the parties to the proceeding are notified, automatically be

binding beyond the parties to the proceeding upon NADOMALTA and any

National Sports Organisation in Malta, as well as every Signatory in every

sport with the effects described below

(i) a decision by any of the above-described bodies imposing

a Provisional Suspension (after a Provisional Hearing has occurred or

the Athlete or other Person has either accepted the Provisional

Suspension or has waived the right to a Provisional Hearing, expedited

hearing or expedited appeal offered in accordance with Regulation

7(4)(c) automatically prohibits the Athlete or other Person from

participation (as described in Regulation 10(14)(a)) in all sports within

the authority of any Signatory during the Provisional Suspension.

(ii) a decision by any of the above-described bodies imposing

a period of Ineligibility (after a hearing has occurred or been waived)

automatically prohibits the Athlete or other Person from participation

(as described in Regulation 10(14)(a)) in all sports within the authority

of any Signatory for the period of Ineligibility.

(iii) a decision by any of the above-described bodies accepting

an anti-doping rule violation automatically binds all Signatories.

(iv) a decision by any of the above-described bodies to

Disqualify results under Regulation 10(10) for a specified period

automatically Disqualifies all results obtained within the authority of

any Signatory during the specified period.

(b) The ADC and any National Sports Organisation in Malta shall

recognize and implement a decision and its effects as required by paragraph

(a), without any further action required, on the earlier of the date the ADC

receives actual notice of the decision or the date the decision is placed into

ADAMS.

(c)

A decision by an Anti-Doping Organisation, an appellate body or

CAS to suspend, or lift, Consequences shall be binding upon the ADC, and

any National Sports Organisation in Malta, without any further action

required, on the earlier of the date the ADC receives actual notice of the

decision or the date the decision is placed into ADAMS.

(d) Notwithstanding any provision in paragraph (a), however, a

decision of an anti-doping rule violation by a Major Event Organisation

made in an expedited process during an Event shall not be binding on the

ADC or National Sports Organisation in Malta unless the rules of the Major

Event Organisation provide the Athlete or other Person with an opportunity

to an appeal under non-expedited procedures.

(2) Implementation of Other Decisions by Anti-Doping Organisations

NADOMALTA and any National Sports Organisation in Malta may

decide to implement other anti-doping decisions rendered by Anti-Doping

Organisations not described in sub-regulation (1)(a) above, such as a Provisional

Suspension prior to a Provisional Hearing or acceptance by the Athlete or other

(3) Implementation of Decisions by Body that is not a Signatory

An anti-doping decision by a body that is not a Signatory to the Code

shall be implemented by NADOMALTA and any National Sports Organisation in

Malta, if NADOMALTA finds that the decision purports to be within the authority

of that body and the anti-doping rules and regulations of that body are otherwise

consistent with the Code.

REGULATION 16

PRESCRIPTION

No anti-doping rule violation proceeding may be commenced against an

Athlete or other Person unless he has been notified of the anti-doping rule

violation as provided in Regulation 7, or notification has been reasonably

attempted, within ten (10) years from the date the violation is asserted to have

occurred.

REGULATION 17

EDUCATION

NADOMALTA shall plan, implement, evaluate and promote Education in line

with the requirements of Article 18.2 of the Code and the International Standard

for Education.

REGULATION 18

ADDITIONAL ROLES AND

RESPONSIBILITIES OF NATIONAL SPORTS

ORGANISATION

(1) All National Sports Organisations of Malta and their members shall

comply with the Code, International Standards, and these Anti-Doping

Regulations. All National Sports Organisations of Malta and other members shall

include in their policies, rules and programs the provisions necessary to recognise

the authority and responsibility of NADOMALTA for implementing Malta’s

National Anti-Doping Program and enforcing these Anti-Doping Regulations

(including carrying out Testing) directly in respect of Athletes and other Persons

under their anti-doping authority.

(2) Each National Sports Organisation of Malta shall accept and abide by

the spirit and terms of Malta’s National Anti-Doping Program and these Anti-

Doping Regulations as a condition of receiving financial and, or other assistance

from the Government of Malta and, or the National Olympic Committee of Malta.

(3) Each National Sports Organisation of Malta shall incorporate these

Anti-Doping Regulations either directly or by reference into its governing

documents, constitution and, or rules as part of the rules of sport that bind their

members so that the National Sports Organisation may enforce them itself directly

in respect of Athletes and other Persons under its anti-doping authority.

(4) By adopting these Anti-Doping Regulations, and incorporating them

into their governing documents and rules of sport, National Sports Organisations

shall cooperate with and support NADOMALTA in that function. They shall also

recognize, abide by and implement the decisions made pursuant to these Anti-

Doping Regulations, including the decisions imposing sanctions on Persons under

their authority.

(5) All National Sports Organisations of Malta shall take appropriate

action to enforce compliance with the Code, International Standards, and these

Anti-Doping Regulations by inter alia

(a)

conducting testing only under the documented authority of their

International Federation and using the ADC or other Sample collection

authority to collect Samples in compliance with the International Standard

for Testing and Investigations;

(b) recognising the authority of the ADC in accordance with

Regulation 5(2)(a) and assisting as appropriate with the ADC’s

implementation of the national Testing program for their sport;

(c)

analysing all Samples collected using a WADA-accredited or

WADA-approved laboratory in accordance with Regulation 6(1); and

(d) ensuring that any national level anti-doping rule violation cases

discovered by National Sports Organisations are adjudicated by the NADDP

in accordance with Regulation 8(1) and the International Standard for

Results Management.

(6) All National Sports Organisations shall establish rules requiring all

Athletes preparing for or participating in a Competition or activity authorized or

organized by a National Sports Organisation or one of its member organisations,

and all Athlete Support Personnel associated with such Athletes to agree to be

bound by these Anti-Doping Regulations and to submit to the Results Management

authority of the Anti-Doping Organisation in conformity with the Code as a

condition of such participation.

(7) All National Sports Organisations shall report any information

suggesting or relating to an anti-doping rule violation to NADOMALTA and to their

International Federation and shall cooperate with investigations conducted by any

Anti-Doping Organisation with authority to conduct the investigation.

(8) All National Sports Organisations shall have disciplinary rules in place

to prevent Athlete Support Personnel who are using Prohibited Substances or

Prohibited Methods without valid justification from providing support to Athletes

under the authority of NADOMALTA or the National Sports Organisation.

(9) All National Sports Organisations shall conduct anti-doping Education

in coordination with NADOMALTA.

REGULATION 19

ADDITIONAL ROLES AND

RESPONSIBILITIES OF NADOMALTA

(1) In addition to the roles and responsibilities described in Regulation

20(5) for National Anti-doping Organisations, NADOMALTA shall report to

WADA on NADOMALTA’s compliance with the Code and International Standards

in accordance with Article 24.1.2 of the Code.

(2) Subject to applicable law, and in accordance with Article 20.5.10 of the

Code, all NADOMALTA’s board members, directors, officers, and employees (and

those of appointed Delegated Third Parties), who are involved in any aspect of

Doping Control, must sign a form provided by NADOMALTA, agreeing to be

bound by these Anti-Doping Regulations as Persons in conformity with the Code

for direct and intentional misconduct.

(3) Subject to applicable law, and in accordance with Article 20.5.11 of the

Code, any NADOMALTA employee who is involved in Doping Control (other than

authorised anti-doping Education or rehabilitation programs) must sign a

statement provided by NADOMALTA confirming that they are not Provisionally

Suspended or serving a period of Ineligibility and have not been directly or

intentionally engaged in conduct within the previous six (6) years which would

have constituted a violation of anti-doping rules if Code-compliant rules had been

applicable to them.

REGULATION 20

ADDITIONAL ROLES AND

RESPONSIBILITIES OF ATHLETES

(1) To be knowledgeable of and comply with these Anti-Doping

Regulations.

(2) To be available for Sample collection at all times.

(3) To take responsibility, in the context of anti-doping, for what they ingest

and use.

(4) To inform medical personnel of their obligation not to Use Prohibited

Substances and Prohibited Methods and to take responsibility to make sure that

any medical treatment received does not violate these Anti-Doping Regulations.

(5) To disclose to NADOMALTA and their International Federation any

decision by a non-Signatory finding that the Athlete committed an anti-doping rule

violation within the previous ten (10) years.

(6) To cooperate with Anti-Doping Organisations investigating anti-doping

rule violations.

Failure by any Athlete to cooperate in full with Anti-Doping

Organisations investigating anti-doping rule violations may result in a charge of

misconduct under NADOMALTA’s disciplinary rules/code of conduct.

(7) To disclose the identity of their Athlete Support Personnel upon request

by NADOMALTA or a National Sports Organisation, or any other Anti-Doping

Organisation with authority over the Athlete.

(8) Offensive conduct towards a Doping Control official or other Person

involved in Doping Control by an Athlete, which does not otherwise constitute

Tampering, may result in a charge of misconduct under NADOMALTA’s

disciplinary rules/code of conduct.

REGULATION 21

ADDITIONAL ROLES AND

RESPONSIBILITIES OF ATHLETE SUPPORT

PERSONNEL

(1) To be knowledgeable of and comply with these Anti-Doping

Regulations.

(2) To cooperate with the Athlete Testing program.

(3) To use their influence on Athlete values and behaviour to foster anti-

doping attitudes.

(4) To disclose to NADOMALTA and their International Federation any

decision by a non-Signatory finding that they committed an anti-doping rule

violation within the previous ten (10) years.

(5) To cooperate with Anti-Doping Organisations investigating anti-doping

rule violations.

Failure by any Athlete Support Personnel to cooperate in full with Anti-

Doping Organisations investigating anti-doping rule violations may result in a

charge of misconduct under NADOMALTA’s disciplinary rules/code of conduct.

(6) Athlete Support Personnel shall not use or possess any Prohibited

Substance or Prohibited Method without valid justification.

Any such Use or Possession may result in a charge of misconduct under

NADOMALTA’s disciplinary rules/code of conduct.

(7) Offensive conduct towards a Doping Control official or other Person

involved in Doping Control by Athlete Support Personnel, which does not

otherwise constitute Tampering, may result in a charge of misconduct under

NADOMALTA’s disciplinary rules/code of conduct.

REGULATION 22

ADDITIONAL ROLES AND

RESPONSIBILITIES OF OTHER PERSONS

SUBJECT TO THESE ANTI-DOPING

REGULATIONS

(1) To be knowledgeable of and comply with these Anti-Doping

Regulations.

(2) To disclose to NADOMALTA and their International Federation any

decision by a non-Signatory finding that they committed an anti-doping rule

violation within the previous ten (10) years.

(3) To cooperate with Anti-Doping Organisations investigating anti-doping

rule violations.

Failure by any other Person subject to these Anti-Doping Regulations to

cooperate in full with Anti-Doping Organisations investigating anti-doping rule

violations may result in a charge of misconduct under NADOMALTA’s disciplinary

rules/code of conduct.

(4) Not to Use or Possess any Prohibited Substance or Prohibited Method

without valid justification.

(5) Offensive conduct towards a Doping Control official or other Person

involved in Doping Control by a Person, which does not otherwise constitute

Tampering, may result in a charge of misconduct under NADOMALTA’s

disciplinary rules/code of conduct.

REGULATION 23

FINAL PROVISIONS

(1) Where the term "days" is used in these Anti-Doping Regulations, it

shall mean calendar days unless otherwise specified.

(2) These Anti-Doping Regulations shall be interpreted as an independent

and autonomous text and not by reference to existing law or statutes.

(3) These Anti-Doping Regulations have been adopted pursuant to the

applicable provisions of the Code and the International Standards and shall be

interpreted in a manner that is consistent with applicable provisions of the Code

and the International Standards. The Code and the International Standards shall

be considered integral parts of these Anti-Doping Regulations and shall prevail in

case of conflict.

(4) The definitions are to be considered integral parts of these Anti-Doping

Regulations.

(5) The comments annotating various provisions of the Code are

incorporated by reference into these Anti-Doping Regulations, shall be treated as if

set out fully herein, and shall be used to interpret these Anti-Doping Regulations.

(6) These Anti-Doping Regulations shall not apply retroactively to matters

pending before the Effective Date. However

(a)

anti-doping rule violations taking place prior to the Effective Date

count as "first violations" or "second violations" for purposes of determining

sanctions under Regulation 10 for violations taking place after the Effective

Date;

(b) any anti-doping rule violation case which is pending as of the

Effective Date and any anti-doping rule violation case brought after the

Effective Date based on an anti-doping rule violation which occurred prior to

the Effective Date, shall be governed by the substantive anti-doping

regulations in effect at the time the alleged anti-doping rule violation

occurred, and not by the substantive anti-doping regulations set out in these

Anti-Doping Regulations, unless the panel hearing the case determines the

principle of "lex mitior" appropriately applies under the circumstances of the

case. For these purposes, the retrospective periods in which prior violations

can be considered for purposes of multiple violations under Regulation

10(9)(d) and the prescription period set forth in Regulation 16 are procedural

rules, not substantive rules, and should be applied retroactively along with all

of the other procedural rules in these Anti-Doping Regulations (provided,

however, that Regulation 16 shall only be applied retroactively if the period

of prescription has not already expired by the Effective Date);

(c)

any Regulation 2.4 whereabouts failure (whether a filing failure

or a missed test, as those terms are defined in the International Standard for

Results Management) prior to the Effective Date shall be carried forward and

may be relied upon, prior to expiry, in accordance with the International

Standard for Results Management, but it shall be deemed to have expired

twelve (12) months after it occurred;

(d) with respect to cases where a final decision finding an anti-

doping rule violation has been rendered prior to the Effective Date, but the

Athlete or other Person is still serving the period of Ineligibility as of the

Effective Date, the Athlete or other Person may apply to NADOMALTA or

other Anti-Doping Organisation which had Results Management

responsibility for the anti-doping rule violation to consider a reduction in the

period of Ineligibility in light of these Anti-Doping Regulations. Such

application must be made before the period of Ineligibility has expired. The

decision rendered may be appealed pursuant to Regulation 13(2). These Anti-

Doping Regulations shall have no application to any case where a final

decision finding an anti-doping rule violation has been rendered and the

period of Ineligibility has expired.

(e)

for purposes of assessing the period of Ineligibility for a second

violation under Regulation 10(9)(a), where the sanction for the first violation

was determined based on rules in force prior to the Effective Date, the period

of Ineligibility which would have been assessed for that first violation had

these Anti-Doping Regulations been applicable, shall be applied.

(7) Changes to the Prohibited List and Technical Documents relating to

substances or methods on the Prohibited List shall not, unless they specifically

provide otherwise, be applied retroactively. As an exception, however, when a

Prohibited Substance or a Prohibited Method has been removed from the

Prohibited List, an Athlete or other Person currently serving a period of

Ineligibility on account of the formerly Prohibited Substance or Prohibited Method

may apply to NADOMALTA or other Anti-Doping Organisation which had Results

Management responsibility for the anti-doping rule violation to consider a

reduction in the period of Ineligibility in light of the removal of the substance or

method from the Prohibited List.

REGULATION 24

INTERPRETATION OF THE CODE

In these regulations, unless the context otherwise requires Interpretation.

or specified in the Code

"Act" means the Sports Act;

"ADAMS" means the Anti-Doping Administration and

Management System, which is a web-based database management

tool for data entry, storage, sharing, and reporting designed to assist

stakeholders and WADA in their anti-doping operations in

conjunction with data protection legislation;

"ADC" and "NADOMALTA" mean the Anti-Doping

Commission appointed by the Minister responsible for Sport to

oversee all aspects of NADOMALTA’s Anti-Doping Program in

accordance with the International Standard for Testing and

Investigations. The ADC 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,

establishes in a Sample the presence of a Prohibited Substance or its

Metabolites or Markers or evidence of the Use of a Prohibited

Method;

"Adverse Passport Finding" means a report identified as an

Adverse Passport Finding as described in the applicable International

Standards;

"Aggravating Circumstances" means circumstances involving,

or actions by, an Athlete or other Person which may justify the

imposition of a period of Ineligibility greater than the standard

sanction. Such circumstances and actions shall include, but are not

limited to: the Athlete or other Person Used or Possessed multiple

Prohibited Substances or Prohibited Methods, Used or Possessed a

Prohibited Substance or Prohibited Method on multiple occasions or

committed multiple other anti-doping rule violations; a normal

individual would be likely to enjoy the performance-enhancing

effects of the anti-doping rule violation(s) beyond the otherwise

applicable period of Ineligibility; the Athlete or Person engaged in

deceptive or obstructive conduct to avoid the detection or

adjudication of an anti-doping rule violation; or the Athlete or other

Person engaged in Tampering during Results Management. For the

avoidance of doubt, the examples of circumstances and conduct

described herein are not exclusive and other similar circumstances or

conduct may also justify the imposition of a longer period of

Ineligibility;

"Anti-Doping Activities" means anti-doping Education and

information, test distribution planning, maintenance of a Registered

Testing Pool, managing Athlete Biological Passports, conducting

Testing, organizing analysis of Samples, gathering of intelligence and

conduct of investigations, processing of TUE applications, Results

Management, monitoring and enforcing compliance with any

Consequences imposed, and all other activities related to anti-doping

to be carried out by or on behalf of an Anti-Doping Organisation, as

set out in the Code and/or the International Standards;

"Anti-Doping Organisation" means WADA or a Signatory that

is responsible for adopting rules for initiating, implementing or

enforcing any part of the Doping Control process, which include but

are not limited to the International Olympic Committee, the

International Paralympic Committee, other Major Event

Organisations that conduct Testing at their Events, International

Federations, and National Anti-Doping Organisations;

"Athlete" means any Person who competes in sport at the

international level (as defined by each International Federation) or the

national level (as defined by each National Anti-Doping

Organisation). NADOMALTA has discretion to apply anti-doping

rules and regulations to an Athlete who is neither an International-

Level Athlete 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, an Anti-

Doping Organisation 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 Regulation 2(1), (3) or (5) of the Schedule is

committed by any Athlete over whom an Anti-Doping Organisation

has elected to exercise its authority to test and who competes below

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

the Schedule must be applied. For purposes of Regulation 2(8) and

(9) of the Schedule and for 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 considered 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 any 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 planned to culminate in the

commission of an anti-doping rule violation

Provided, however, 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;

"Atypical Passport Finding" means a report described as an

Atypical Passport Finding as described in the applicable International

Standards;

"CAS" means the Court of Arbitration for Sport, which

currently has its seat in Lausanne, Switzerland;

"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 rules and

regulations of the applicable International Federation;

"Consequences of Anti-Doping Rule Violations" or

"Consequences" means an Athlete’s or other Person’s violation of an

anti-doping rule which may result in one or more of the following

(a)

Disqualification;

(b)

Ineligibility;

(c)

Provisional Suspension;

(d)

Financial Consequences; and

(e)

Public Disclosure.

Teams in Team Sports may also be subject to Consequences as

provided in Regulation 11 of the Schedule;

"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;

"Decision Limit" means the value of the result for a threshold

substance in a Sample, above which an Adverse Analytical Finding

shall be reported, as defined in the International Standard for

Laboratories;

"Delegated Third Party" means any Person to which an Anti-

Doping Organization delegates any aspect of Doping Control or anti-

doping Education programs including, but not limited to, third parties

or other Anti-Doping Organisations that conduct Sample collection or

other Doping Control services or anti-doping Educational programs

for the Anti-Doping Organization, or individuals serving as

independent contractors who perform Doping Control services for the

Anti-Doping Organization (e.g. non-employee Doping Control

officers or chaperones). This definition does not include the CAS;

"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 set forth in Regulation 2 of the Schedule;

"Doping Control" means all steps and processes from test

distribution planning through to ultimate disposition of any appeal

and the enforcement of Consequences, including all steps and

processes in between, including but not limited to, Testing,

investigations, whereabouts, TUEs, Sample collection and handling,

laboratory analysis, Results Management and investigations or

proceedings relating to violations of Regulation 10(14) of the

Schedule (Status During Ineligibility or Provisional Suspension);

"Education" means the process of learning to instill values and

develop behaviours that foster and protect the spirit of sport, and to

prevent intentional and unintentional doping;

"Event" means a series of individual Competitions conducted

together under one ruling body;

"Event Period" means the time between the beginning and end

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

"Event Venues" means those venues so designated by the ruling

body for 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’s or other Person’s degree of Fault include, the

Athlete’s or other Person’s experience, whether the Athlete or other

Person is a Protected Person, 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. However, the fact that an Athlete would lose the

opportunity to earn large sums of money during a period of

Ineligibility, or the fact that the Athlete only has a short time left in a

career, or the timing of the sporting calendar, would not be relevant

factors to be considered in reducing the period of Ineligibility under

Regulation 10(6)(a) or (b) of the Schedule;

"Financial Consequences" means a financial sanction imposed

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

anti-doping rule violation;

"In-Competition" means the period commencing at 11:59 p.m.

on the day 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

Provided that, however, WADA may approve, for a particular

sport, an alternative definition if an International Federation provides

a compelling justification that a different definition is necessary for

its sport; upon such approval by WADA, the alternative definition

shall be followed by all Major Event Organisations for that particular

sport;

"Independent Observer Program" means a team of observers

and, or auditors, under the supervision of WADA, who observe and

provide guidance on the Doping Control process prior to or during

certain Events and report on their observations as part of WADA’s

compliance monitoring program;

"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 other activity or funding as

provided in Regulation 10(14) of the Schedule;

"Institutional Independence" means hearing panels on appeal

which shall be fully independent institutionally from the Anti-Doping

Organisation responsible for Results Management. They must

therefore not in any way be administered by, connected or subject to

the Anti-Doping Organisation responsible for Results Management;

"International Event" means an Event or Competition where the

International Olympic Committee, the International Paralympic

Committee, an International Federation, a Major Event Organisation,

or another International Sport Organisation is the ruling body for the

Event or appoints the technical officials for the Event;

"International-Level Athlete" means Athletes 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 the 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

variable(s) that indicates the Use of a Prohibited Substance or

Prohibited Method;

"Metabolite" means

any

substance

produced

by

a

biotransformation process;

"Minimum Reporting Level" means the estimated concentration

of a Prohibited Substance or its Metabolite(s) or Marker(s) in a

sample below which WADA-accredited laboratories should not report

that Sample as an Adverse Analytical Finding;

"Minor" means natural Person who has not reached the age of

eighteen (18) years;

"National Event" means a sport Event or Competition involving

International-Level or National-Level Athletes that is not an

International Event;

"NADAP" means the National Anti-Doping Appeals Panel

appointed by the government to adjudicate on appeals from decisions

of the national anti-doping disciplinary panel as established in

Regulation 13 of the Schedule;

"NADDP" means the National Anti-Doping Disciplinary Panel

appointed by government 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 NADOMALTA is the designated

entity;

"National Sports Organisation" means a national Sports

Organisation that is registered or recognised by SportMalta as the

entity governing a particular sporting discipline in Malta, and is a

member of or is recognized by an international federation as the

entity governing the international federation’s sporting discipline in

Malta;

"National-Level Athlete" means Athletes who compete in sport

at the national level, as defined by each National Anti-Doping

Organisation, consistent with the International Standard for Testing

and Investigations;

"National Olympic Committee" means the Maltese Olympic

Committee, recognised by the International Olympic Committee as

the national Olympic committee in Malta;

"No Fault or Negligence” means the Athlete 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 used or been administered the Prohibited Substance or

Prohibited Method or otherwise violated an anti-doping rule. Except

in the case of a Protected Person or Recreational Athlete, for any

violation of Regulation 2(1) of the Schedule, the Athlete must also

establish how the Prohibited Substance entered the Athlete’s system;

"No Significant Fault or Negligence” means the Athlete or other

Person’s establishing that any 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 Protected Person or

Recreational Athlete, for any violation of Regulation 2(1) of the

Schedule, the Athlete must also establish how the Prohibited

Substance entered the Athlete’s system;

"Operational Independence" means that board members, staff

members, commission members, consultants and officials of the Anti-

Doping Organisation with responsibility for Results Management or

its affiliates (e.g., member federation or confederation) as well as any

Person involved in the investigation and pre-adjudication of the

matter cannot be appointed as members and, or clerks (to the extent

that such clerk is involved in the deliberation process and, or drafting

of any decision) of hearing panels of that Anti-Doping Organisation

with responsibility for Results Management and hearing panels shall

be in a position to conduct the hearing and decision-making process

without interference from the Anti-Doping Organisation or any third

party. The objective is to ensure that members of the hearing panel or

individuals otherwise involved in the decision of the hearing panel,

are not involved in the investigation of, or decisions to proceed with,

the case;

"Out-of-Competition" means any period which is not In-

Competition;

"Participant" means any Athlete or Athlete Support Person;

"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 Prohibited Method or the premises in which a Prohibited

Substance or Prohibited Method exists)

Provided that, however, if the Person does not have exclusive

control over the Prohibited Substance or 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 an Anti-Doping Organisation.

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 amended 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;

"Protected Person" means an Athlete or other natural Person

who at the time of the anti-doping rule violation

(a)

has not reached the age of sixteen (16) years;

(b) has not reached the age of eighteen (18) years and is

not included in any Registered Testing Pool and has never

competed in any International Event in an open category; or

(c)

for reasons other than age, has been determined to

lack legal capacity under the applicable national legislation;

"Provisional Hearing" means an expedited abbreviated hearing

occurring prior to a hearing under Regulation 8 of the Schedule 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 is

barred temporarily from participating in any Competition or activity

prior to the final decision at a hearing conducted under Regulation 8

of the Schedule;

"Public Disclosure" means the dissemination or distribution of

information to the general public or Persons beyond those Persons

entitled to earlier notification in accordance with Regulation 14 of the

Schedule;

"Recreational Athlete" means any Person who engages or

participates in sport or fitness activities for recreational purposes but

who would not otherwise compete in Competitions or Events

organized, recognized, or hosted by a National Sports Organisation,

or by any affiliated or non-affiliated association, Organisation, club,

team, or league and who, within the five (5) years prior to committing

any anti-doping rule violation, has not been an International-Level

Athlete (as defined by each International Federation consistent with

the International Standard for Testing and Investigations) or National-

Level Athlete (as defined by NADOMALTA or other National Anti-

Doping Organisation consistent with the International Standard for

Testing and Investigations); has not represented Malta or any other

country in an International Event in an open category; or has not been

included within any Registered Testing Pool or other whereabouts

information pool maintained by any International Federation,

NADOMALTA or other National Anti-Doping Organisation;

"Registered Testing Pool" means the pool of highest-priority

Athletes established separately at the international level by

International Federations and at the national level by National Anti-

Doping Organisations, who are 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 set forth

in Article 5(5) of the International Standard for Testing and

Investigations;

"Results Management" means the process encompassing the

timeframe between notification in accordance with Article 5 of the

International Standard for Results Management, or in certain cases,

such pre-notification steps expressly provided for in Article 5 of the

International Standard for Results Management, through the charge

until the final resolution of the matter, including the end of the

hearing process at first instance or on appeal (if an appeal was

lodged);

"Sample or Specimen" means any biological material collected

for the purposes of Doping Control;

"Signatories" means those entities accepting the Code and

agreeing to implement the Code;

"Specified Method" shall have the same meaning as that given

under Regulation 4(2)(b) of the Schedule;

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

under Regulation 4(2)(b) of the Schedule;

"SportMalta" shall have the same meaning as that established in

article 4 of the Sports Act;

"Strict Liability" means the rule which provides that under

Regulation 2(1) and (2) of the Schedule, 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;

"Substance of Abuse" shall have the same meaning as that given

under Regulation 4(2)(c) of the Schedule;

"Substantial Assistance" means a Person providing Substantial

Assistance that fully disclosed in a signed written statement or

recorded interview all information he possesses in relation to anti-

doping rule violations or other proceeding described in Regulation

10(7)(a)(i) of the Schedule, and shall fully cooperate with the

investigation and adjudication of any case or matter related to that

information, including, presenting testimony at a hearing if requested

to do so by an Anti-Doping Organisation or hearing panel. Further,

the information provided must be credible and must comprise an

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

case or proceeding is initiated, must have provided a sufficient basis

on which a case or proceeding could have been brought;

"Tampering" means intentional 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, offering or accepting a bribe to perform or fail to

perform an act, preventing the collection of a Sample, affecting or

making impossible the analysis of a Sample, falsifying documents

submitted to an Anti-Doping Organisation or TUE committee or

hearing panel, procuring false testimony from witnesses, committing

any other fraudulent act upon the Anti-Doping Organisation or

hearing body to affect Results Management or the imposition of

Consequences, and any other similar intentional interference or

Attempted interference with any aspect of Doping Control;

"Target Testing" means 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;

"Technical Document" means a document adopted and

published by WADA from time to time containing mandatory

technical requirements on specific anti-doping topics as set forth in an

International Standard;

"Testing" means the parts of the Doping Control process

involving test distribution planning, Sample collection, Sample

handling, and Sample transport to the laboratory;

"Therapeutic Use Exemption (TUE)" means an exemption that

allows an Athlete with a medical condition to Use a Prohibited

Substance or Prohibited Method, but only if the conditions set out in

Regulation 4(4) of the Schedule and the International Standard for

Therapeutic Use Exemptions are met;

"Therapeutic Use Exemption Committee" ("TUEC") means the

panel to consider applications for the grant of TUEs;

"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 authority 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;

"UNESCO Convention" means the International Convention

against Doping in Sport adopted by the UNESCO General

Conference held on 19 October 2005, including any and all

amendments adopted by the States 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;

"Without Prejudice Agreement" means a written agreement

between an Anti-Doping Organisation and an Athlete or other Person

that allows the Athlete or other Person to provide information to the

Anti-Doping Organisation in a defined time-limited setting with the

understanding that, if an agreement for Substantial Assistance or a

case resolution agreement is not finalized, the information provided

by the Athlete or other Person in this particular setting may not be

used by the Anti-Doping Organisation against the Athlete or other

Person in any Results Management proceeding under the Code, and

that the information provided by the Anti-Doping Organisation in this

particular setting may not be used by the Athlete or other Person

against the Anti-Doping Organisation in any Results Management

proceeding under the Code. Such an agreement shall not preclude the

Anti-Doping Organisation, Athlete or other Person from using any

information or evidence gathered from any source other than during

the specific time-limited setting described in the agreement.

(1) The applicable provisions of the Code shall, Applicability of

notwithstanding anything to the contrary in any other law, but subject the

these

to the provisions of these regulations, have force of law throughout regulations.

Malta and subject to such conditions as the Minister may prescribe.

(2) The applicable provisions of the Code are set out in the

Schedule to these regulations 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 the

provisions found in the Schedule.

(3) The Schedule shall be considered an integral part of these

regulations.

(4) NADOMALTA may from time to time issue commentaries

and guidelines referring to the provisions found in these regulations.

(5) The provisions of these regulations shall not apply

retrospectively to matters pending before the date these regulations

came into effect.

In these regulations, if there is any conflict between the

English and Maltese texts, the English text shall prevail.

The Anti-Doping Regulations, 2015, are hereby revoked,

without prejudice to anything done or omitted to be done thereunder.

(1) The official text of the Code shall be maintained by WADA and

shall be published in English and French. In the event of any conflict between the

English and French versions, the English version shall prevail.

(2) The comments annotating various provisions of the Code shall be used

to interpret the Code.

(3) The Code shall be interpreted as an independent and autonomous text

and not by reference to the existing law or statutes of the Signatories or

governments.

(4) The headings used for the various Parts and Articles of the Code are for

convenience only and shall not be deemed part of the substance of the Code or to

affect in any way the language of the provisions to which they refer.

(5) Where the term "days" is used in the Code or an International Standard,

it shall mean calendar days unless otherwise specified.

(6) The Code shall not apply retroactively to matters pending before the

date the Code is accepted by a Signatory and implemented in its rules. However,

pre-Code anti-doping rule violations would continue to count as "First violations"

or "Second violations" for purposes of determining sanctions under Article 10 for

subsequent post-Code violations.

(7) The Purpose, Scope and Organization of the World Anti-Doping

Program and the Code and Appendix 1, Definitions, shall be considered integral

parts of the Code.

€7.02