Olympic movement anti-doping code icon

Olympic movement anti-doping code



НазваниеOlympic movement anti-doping code
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OLYMPIC MOVEMENT

ANTI-DOPING CODE


TABLE OF CONTENTS


Preamble 3


Chapter I General Provisions 4


Chapter II The Offense of Doping and its Punishment 6


Chapter III Appeals 9


Chapter IV International Anti-Doping Agency 11


Chapter V Accredited Laboratories 12


Chapter VI Testing Procedures 13


Chapter VII Entry into force and Modifications of the

Olympic Movement Anti-Doping Code 15


Annexes


Appendix A Prohibited Classes of Substances and Prohibited Methods 16


[Note: The following Appendices are maintained on a transitional basis

until the IADA is established and has adopted its procedures.
]



Appendix B Procedure for Accreditation of Laboratories 24


Annex 1 of Appendix B: Temporary Accreditation 29

Annex 2 of Appendix B: Rules of Ethics 31

Annex 3 of Appendix B: Restrictions for Laboratories 33


Appendix C Sampling Procedures in Doping Controls 35


Appendix D Laboratory Analysis Procedures 44


Preamble


Whereas in furtherance of its role, the Olympic Movement, in close collaboration with the International Federations (IFs) and the National Olympic Committees (NOCs) dedicates its efforts to ensuring that in sports the spirit of Fair Play prevails and violence is banned, leads the fight against doping in sport and takes measures, the goal of which is to prevent endangering the health of athletes;


Whereas the Olympic Movement’s duty to protect the health of athletes and ensure respect for sports ethics leads it to prohibit doping and to oblige competitors to undergo medical tests and examinations, prescribing to such end the sanctions applicable in the event of a violation of the established rules;


Whereas one of the fundamental objectives of the Olympic Movement is to completely eliminate doping from sport, the adoption of the Olympic Movement Anti-Doping Code reflects the solidarity of the entire Olympic Movement in the achievement of such goal, and the primary means to achieve this result will be continuing education regarding the ethical values of sport and the dangers, both physical and moral, of doping, this Code must be effective to deal with doping cases as they arise;


Whereas the Olympic Movement Anti-Doping Code is essentially intended to ensure respect for the ethical concepts implicit in Fair Play, the Olympic Spirit and medical practice and to safeguard the health of athletes;


Whereas the Olympic Movement Anti-Doping Code applies to the Olympic Games, the various championships and all competitions to which the International Olympic Committee (IOC) grants its patronage or support and to all sports practised within the context of the Olympic Movement, including during pre-competition preparation periods;


Whereas in keeping with the desire of the Olympic Movement to act in the best interests of athletes and other persons concerned whose rights to justice must be safeguarded, the Olympic Movement Anti-Doping Code shall include provisions to enable appeals to be lodged with the Court of Arbitration for Sport against certain decisions rendered in application of such Code;


Upon proposal of the IOC Executive Board, the entire Olympic:

^ CHAPTER I General provisions


Article 1:


Definitions


Blood doping means the administration of blood, red blood cells and related blood products to an athlete, which may be preceded by withdrawal of blood from the athlete who continues to train in such a blood-depleted state.


Intentional doping means doping in circumstances where it is established, or may reasonably be presumed, that any Participant acted knowingly or in circumstances amounting to gross negligence.


Masking Agent means any substance or procedure used for the purpose of or having the effect of altering or suppressing the integrity of urine or other samples used in doping controls.

Participant means any athlete, coach, trainer, official, medical or para-medical personnel working with or treating athletes participating in or preparing for sports competitions of the Olympic Games, those competitions to which the IOC grants its patronage or support and all competitions organized under the authority, whether direct or delegated, of an IF or NOC.

a

Pharmaceutical, chemical and physical manipulation means the use of substances and methods, including masking agents which alter, attempt to alter or may reasonably be expected to alter the integrity and validity of urine samples used in doping controls, including, without limitation, catheterisation, urine substitution and/or tampering, inhibition of renal excretion such as by probenicid and Related Substances and alterations of testosterone and epitestosterone measurements such as epitestosterone application or bromantan administration.


Prohibited Method means any method so described in this Code.


Prohibited Substance means any substance so described in this Code.


Related Substance means any substance having pharmacological action and/or chemical structure similar to a Prohibited Substance or any other substance referred to in this Code.


Trafficking shall be deemed to occur when a person, without having expressly received prior authorization from the competent body,


a) manufactures, extracts, transforms, prepares, stores, expedites, transports, imports, exports, transits, offers subject to payment or free of charge, distributes, sells, exchanges, undertakes the brokerage of, obtains in any form, prescribes, commercializes, makes over, accepts, possesses, holds, buys or acquires in any manner prohibited doping substances;

b) takes any measures to this end, finances such substances or serves as an intermediary for their financing, provokes in any way the consumption or use of such substances, or establishes means of procuring or consuming such substances;


c) is party to Prohibited Methods.


Use means the application, ingestion, injection, consumption by any means whatsoever of any Prohibited Substance or Prohibited Method. Use includes counselling the use of, permitting the use of or condoning the use of any Prohibited Substance or Prohibited Method.


Article 2:


This Code applies to all Participants.


Article 3:


Notwithstanding the obligations of other Participants to comply with the provisions of this Code, it is the personal responsibility of any athlete subject to the provisions of this Code to ensure that he/she does not use or allow the use of any Prohibited Substance or any Prohibited Method.


Article 4:


The list of Prohibited Substances and Prohibited Methods contained in this Code may be changed by the IOC Executive Board upon recommendation by the Council of the International Anti-Doping Agency (IADA) and will come into effect three months, or such shorter delay as shall be specified in cases of medical necessity, after the International Federations and the National Olympic Committees have been notified, in such manner as shall be determined by the IADA.


^ CHAPTER II The offence of doping and its punishment


Article 1:


1. Doping contravenes the fundamental principles of Olympism and sports and medical ethics.


2. Doping is forbidden.


3. Recommending, proposing, authorizing, condoning or facilitating the use of any substance or method covered by the definition of doping or trafficking therein is also forbidden.


Article 2:


Doping is:


1. the use of an expedient (substance or method) which is potentially harmful to athletes’ health and/or capable of enhancing their performance, or


2. the presence in the athlete’s body of a Prohibited Substance or evidence of the use thereof or evidence of the use of a Prohibited Method.


Article 3:


1. In a case of doping, the penalties for a first offence are as follows:


a) if the Prohibited Substance used is ephedrine, phenylpropanolamine, pseudoephedrine, caffeine, strychnine or related substances:


i) a warning;

ii) a ban on participation in one or several sports competitions in any capacity

whatsoever;

iii) a fine of up to US$ 100,000;

iv) suspension from any competition for a period of one to six months.


b) if the Prohibited Substance used is one other than those referred to in paragraph a) above:


i) a ban on participation in one or several sports competitions in any capacity whatsoever;

ii) a fine of up to US$ 100,000;

iii) suspension from any competition for a minimum period of two years. However, based on specific, exceptional circumstances to be evaluated in the first instance by the competent IF bodies, there may be a provision for a possible modification of the two-year sanction.


2. In case of


a) intentional doping;

b) the use of a Masking Agent;

c) manoeuvres or manipulation that may prevent or distort any test contemplated in this Code;

d) refusal to undergo any test contemplated in this Code;

e) doping for which responsibility is imputable to an official or the athlete’s entourage

f) complicity or other forms of involvement in an act of doping by members of a medical, pharmaceutical or related profession.


The sanctions are as follows:


a) if the Prohibited Substance used is ephedrine, phenylpropanolamine, pseudoephedrine, caffeine or strychnine and related substances:


i) a ban on participation in one or several sports competitions in any capacity whatsoever;

ii) a fine of up to US$ 100,000;

iii) suspension from any competition for a period of two to eight years.


b) if the Prohibited Substance used is one other than those referred to in paragraph a) above or if it is a repeat offence (a repeat offence being constituted by a further case of doping perpetrated within a period of ten years after the preceding sanction, whatever form it took and whatever the reason for it, became final):


i) a life ban on participation in any sports event in any capacity whatsoever.

ii) a fine of up to US$ 1,000,000

iii) suspension (between four years and life) from all sports competition.


3. Any case of doping during a competition automatically leads to invalidation of the result obtained (with all its consequences, including forfeit of any medals and prizes), irrespective of any other sanction that may be applied, subject to the provisions of point 4 of this article.


4. In the event that a competitor who is a member of a team is found guilty of doping, the relevant rules of the International Federation concerned shall be applied.


5. The penalty for an offence committed by a competitor and detected on the occasion of an out-of-competition test shall be the same, mutatis mutandis, and shall take effect from the date the positive result was recorded or the date on which the final judgement further to an appeal is pronounced, whichever is the more recent.


6. The penalties for trafficking in Prohibited Substances are as follows:


a) In the event of trafficking in Prohibited Substances the penalty will be suspension for life from participation in any sports organization, body, activity or event in any capacity whatsoever.


In addition, the offence(s) may be reported to the competent administrative and judicial authorities by any interested physical or legal person.


Any attempt to perform trafficking shall be penalized in the same manner as the act itself.


b) For persons found guilty of trafficking, ignorance of the nature or composition of the Prohibited Substances or the nature or effects of the methods in question does not constitute attenuating circumstances or grounds for exemption from punishment.


7. The penalties set out in this Code may be applied concurrently insofar as they are compatible and may be accompanied with measures prescribing regular or unannounced tests of the athlete concerned over a specified period of time.


Article 4:


1. Intentional doping can be proved by any means whatsoever, including presumption.


2. Evidence obtained from metabolic profiles and/or isotopic ratio measurements may be used to draw definitive conclusions regarding the use of anabolic androgenic steroids.


3. An epitestosterone concentration in the urine greater than 200 nanograms per millilitre will be investigated by studies as in Article (I.C .I b) of Appendix B for testosterone.


4. The success or failure of the use of a Prohibited Substance or Prohibited Method is not material. It is sufficient that the Prohibited Substance or Prohibiteed Method was used or attempted for the offence of doping to be considered as consummated.


^ CHAPTER III Appeals


Article 1:


Any Participant affected by a decision rendered in application of this Code by the IOC, an IF, an NOC or other body may appeal from that decision to the Court of Arbitration for Sport, in accordance with the provisions applicable before such court.


Article 2:


Accredited laboratories are presumed to have conducted testing and custodial procedures in accordance with prevailing and acceptable standards of scientific practice. This presumption can be rebutted by convincing evidence to the contrary, but the accredited laboratory shall have no onus in the first instance to show that it conducted the procedures other than in accordance with its customary practices.


Article 3:


The inclusion of a Prohibited Substance or Prohibited Method in this Code is not subject to appeal.


Article 4:


Parties appealing from decisions are expected, as is the Court of Arbitration for Sport, to proceed with all due despatch, in the understanding that there must be early certainty with respect to all decisions involving sport. The Court of Arbitration for Sport is entitled to draw inferences from dilatory behaviour on the part of any party appearing before it.


Article 5:


The Court of Arbitration for Sport may award costs against a party whose appeal is judged to be vexatious, frivolous, dilatory or otherwise abusive.


Article 6:


Participants shall accept the individual or joint obligation to submit disputes concerning the application of this Code to the Court of Arbitration for Sport. Such acceptance is presumed by the very fact of participation by the Participants in the Olympic Movement. Any de facto refusal of such acceptance shall result in the Participants being considered as having excluded themselves from the Olympic Movement.


^ CHAPTER IV International Anti-Doping Agency


Article 1:


The International Anti-Doping Agency shall have the mission, structure and responsibilities set forth in the documents establishing its existence.


CHAPTER V Accredited Laboratories


Article 1:


For purposes of this Code, only those laboratories accredited by the IADA are qualified to undertake the detection of the presence of Prohibited Substances and the use of Prohibited Methods.


Article 2:


Any laboratory alleging accreditation by the IADA shall be required, upon demand, to produce a certificate valid as of the date of the relevant test, procedure or analysis. The IADA may also provide evidence as to the existence of such accreditation.


Article 3:


The procedure for accreditation of laboratories is provided in Appendix “B” to this Code.


Article 4:


(1) IOC accredited laboratories are required to summarize, on a quarterly basis, their testing activities and statistics.


(2) Reports of samples having been found to contain prohibited substances and/or excessive amounts of endogenous substances, shall be sent simultaneously to:


  1. the responsible authorities of the organization having initiated the control

  2. (b) the IOC Medical Commission, Lausanne

  3. the IF concerned if not the same as the authority under paragraph (a)


The report shall contain the following items:


  1. F, responsible authority

  2. Date and place of sampling

  3. Prohibited substance(s) identified

  4. Code number

  5. In or out-of-competition

  6. Name of IF event


All organizations and Participants which use IOC accredited laboratories are deemed to agree to provide the information listed in this Article.


^ CHAPTER VI Testing Procedures


Article 1:


The procedures for selection of athletes (other than for out-of-competition tests), collection of samples and sample analysis are contained in Appendix “B” to this Code.


Article 2:


Laboratory analysis procedures are contained in Appendix “D” to this Code.


Article 3:


A result is positive when the “A” sample is positive and any such result may be acted upon for purposes of any competition or out-of-competition test. A Participant may, however, request that the “B” sample be analysed. Should the analysis show the “B” sample to be negative:


(a) no further sanctions shall apply, but the initial sanction (disqualification) shall nevertheless remain in full force and effect, however


(b) if, without otherwise affecting the competition, it is still possible for the Participant to be reinserted, the Participant may continue to take part in the competition. (For example, if an athlete is entered in more than one event and the second has not commenced, it may be possible to enter the second event. Similarly, depending upon the relevant rules of the IF in a team sport, if the team is still in competition, the Participant may be able to take part in future games.)


Article 4:


The IOC Executive Board is the only organ competent to rule on the effects of a positive result during the Olympic Games. It shall request the advice of the IOC Medical Commission prior to acting on any positive result.


In all other competitions organized by or under the authority of an IF, the competent organ of such IF shall be solely responsible for the application of this Code in relation to such competitions as well as in relation to all tests which have been conducted out-of-competition.


In competitions organized under the authority of Continental Associations of NOCs, the Executive Committees of such associations shall be the competent bodies to rule on the effects of a positive result during such competitions.


Each body concerned shall advise the IOC Medical Director of all positive results and the

dispositions made in respect thereof and provide such data in respect of all tests, whether positive results or otherwise, as may be requested by the IOC Medical Director.


Article 5:


Minor irregularities, which cannot reasonably be considered to have affected the results of otherwise valid tests, shall have no effect on such results. Minor irregularities do not include the chain of custody of the sample, improper sealing of the container(s) in which the sample is stored, failure to request the signature of the athlete or failure to provide the athlete with an opportunity to be present or be represented at the opening and analysis of the “B” sample if analysis of the “B” sample is requested.


^ CHAPTER VII Entry into force and modification of the Olympic Movement Anti-Doping Code


Article 1:


This Code shall enter into force on 1st January 2000.


Article 2:


This Code may be modified only by the IOC Executive Board, upon recommendation of the Council of the International Independent Anti-Doping Agency after consultation of the parties concerned. Modifications come into effect three months after the International Federations and the National Olympic Committees have been notified in such manner as shall be determined by the IOC Executive Board.


ANNEXES


Appendix A Prohibited classes of substances and prohibited methods


^ I. PROHIBITED CLASSES OF SUBSTANCES


A. Stimulants

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