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World%20Anti-Doping%20Code

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Title: World%20Anti-Doping%20Code


1
World Anti-Doping Code
  • Process and Content
  • Copenhagen, 13 November 2002

2
1. Process of developing the Code and
International Standards
3
Objective
  • Establish buy-in and ownership to the Code from
    stakeholders
  • All stakeholders commit to accept, adopt and
    implement the Code
  • The Code is put into effect for the 2004 Olympic
    Games in Athens

4
Phases
Sept 2001 February 2003 March 2003 April
2004 January 2004 -
  1. Development of the structure and content (World
    Anti-Doping Program, Code , Standards)
  2. Approval and acceptance
  3. Implementation

5
From 1st draft to 2nd draft Code
  • June to October 2002
  • Circulated to 1000 recipients for review (June
    10)
  • Received 130 comments from IOC, IFs, NOCs,
    Governments, NADOs, athletes
  • Represent substantial and valuable input to the
    revision of the 1st draft Coe
  • 2nd draft Code endorsed by the WADA Executive
    Committee October 1st
  • Circulated to all stakeholders for review and
    comments on October 10th

6
From 2nd draft to final draft Code
  • October 2002 to February 2003
  • First drafts of the International Standards
    circulated November 10th
  • List of Prohibited Substances and Methods
    (discussion paper
  • WADC Testing Standard
  • WADC Laboratory Standard
  • WADC Standard for Therapeutic Use exemptions
  • Comments from all stakeholders on Code within
    December 10th and on Standards within January
    10th

7
From final drafts to approval of Code and
Standards
  • Final drafts of Code and Standards circulated to
    all stakeholders within February 20th
  • Endorsement by all stakeholders on the World
    Conference on Anti-Doping in Sport in Copenhagen,
    March 3-5
  • Final Approval by the WADA Foundation Board on
    March 5
  • Acceptance by each of the Signatories to the Code
    in the periode from March 2003 to April 2004

8
2. Content of the Code version 2.0
9
Reorganization
  • In response to the frequent comment that legal
    requirements should be placed in a different
    section than aspirational principles and
    organizational matters, the Code has been
    substantially reorganized.
  • The legal requirements for the doping control
    process have been moved up to Article 1 of the
    Code. The specific Code provisions which must be
    incorporated verbatim into the rules of the
    individual stakeholders who participate in doping
    control have also been enumerated.

10
Reorganization
  • The Article which describes the relationship of
    the Code to the overall organization of the
    anti-doping program has been moved into the
    Introduction section as has the Article
    describing the Fundamental Rationale for the
    anti-doping effort.
  • The final part of the Introduction is a General
    Description of Doping which is a modified version
    of the "Definition of Doping" previously found in
    the Doping Control Article.
  • Education and Research have been addressed
    separately in Part Two of the Code.
  • The Roles and Responsibilities of the different
    stakeholders have been addressed separately in
    Part Three of the Code.
  • Finally, Part Four addresses the process for
    acceptance, monitoring and modification of the
    Code.

11
Table of Contents
  • Introduction
  • Purpose, Scope and Organization
  • Fundamental Rationale for the Code
  • General Description of Doping
  • Part One Doping Control (Article 1.1 to 1.13)
  • Part Two Education and Research (Article 2 and
    3)
  • Part Three Roles and Responsibilities of the
    Code (Article 4, 5 and 6)
  • Part Four Acceptance, Compliance and
    Modification (Article 7)

12
General Description of Doping
  • General Description of Doping (Introduction)
  • The "definition of doping" has served two
    purposes
  • Provide a short, general description assisting
    athletes and the public in understanding the
    issue.
  • Provide a legal basis for differentiating between
    permitted conduct and prohibited conduct.
  • Unfortunately, any definition which is short and
    broad enough to satisfy the first objective is
    not sufficiently detailed to satisfy the second
    objective.
  • In the Code, the specific conduct which
    constitutes anti-doping rule violations is set
    forth in Article 1.2.1 which will be the legal
    basis for all cases.
  • The General Description of Doping does not have
    legal significance it simply provides a shorter
    description of the issue suitable for general
    educational purposes.

13
Other Major Changes
  • Prohibited List of Doping Substances (Articles
    1.4.2.1 and 1.4.2.2). Article 1.4.2.1 sets forth
    the criteria which WADA will use in assessing
    whether a substance will be included on the
    Prohibited List as a doping substance. Article
    1.4.2.2 makes clear that once a substance has
    been included on the list, that decision is final
    and cannot be challenged in a subsequent case on
    the basis that the substance does not meet the
    criteria.

14
Other Major Changes
  • Therapeutic Use (Article 1.4.2.3)
  • The term "Therapeutic Use" has been used in place
    of the previous term "medical exemption."
  • There was strong opinion that WADA should
    establish specific standards for exemption. This
    has been added.
  • Because WADA will establish more specific Level 2
    Standards for Therapeutic Use exemptions, the
    criteria previously found in this Article were
    deleted.
  • Specific responsibility for granting Therapeutic
    Use exemptions has been vested in the
    International Federations.

15
Other Major Changes
  • Health and Safety Substances (Article 1.4.3)
  • This Article and other corresponding Articles in
    1.4 have been revised to make testing for and
    reporting health and safety substances mandatory
    at in-competition tests.
  • The consequences of positive tests are left to
    individual stakeholders. International
    Federations and public authorities expressed
    opinions on both sides of this issue. Opinions
    expressed ranged from calls for mandatory
    testing, reporting and uniform sanctions to the
    view that the Code should make no reference at
    all to non-doping substances.
  • The change in the current draft of the Code to a
    single prohibited list with a Doping Control
    Category and a Health and Safety Category
    represents a balance on this issue in favor of
    more harmonization.

16
Other Major Changes
  • No Statute of Limitations (Article 8.1.2 in the
    first draft). There was widespread opposition to
    the previous Article which provided that there
    would be no statute of limitations in doping
    cases. This Article was deleted.

17
Other Major Changes
  • Disqualification of Results (Article 1.9.1 and
    1.9.2.1)
  • Article 1.9.1 addresses automatic
    disqualification of results from a single
    competition (e.g., the 100-meter sprint) where
    there is an anti-doping rule violation.
  • Article 1.9.2.1 addresses the potential sanction
    of disqualification of results from all
    competitions in a single event (e.g., the Olympic
    Games).
  • These Articles have been reorganized to appear
    sequentially and the Comments explaining the
    distinction between the two Articles have been
    expanded.
  • In addition, the Article dealing with the
    potential disqualification of a team when any of
    its members test positive has been moved to
    follow the two Articles addressing
    disqualification of individual results.

18
Other Major Changes
  • Exceptional Circumstances (Article 1.9.2.3.2).
    This Article has been expanded to specify that an
    athlete's age and competitive experience should
    be considered in assessing whether the athlete
    has demonstrated lack of fault or negligence.
  • Disqualification of Results in Competitions
    Subsequent to Sample Collection
    (Article 1.9.2.5). The concept remains the same
    however, the text has been clarified.
  • Commencement of Ineligibility Period (Article
    1.9.2.6). The concept remains the same however,
    the text has been clarified.

19
Other Major Changes
  • Athlete Whereabouts Information (Article 1.11.4)
  • This Article has been revised to clarify that
    athletes are responsible for providing
    whereabouts information and that the applicable
    National Anti-Doping Organization is responsible
    for collecting the information and submitting it
    to WADA.
  • In its clearinghouse role, WADA will make the
    information accessible to International
    Federations and other Anti-Doping Organizations.

20
Other Major Changes
  • Roles and Responsibilities of Governments
    (Article 6)
  • Many governments will not be able to accept the
    Code directly because the Code is a private
    instrument. Instead, governments will execute a
    Memorandum of Understanding to be followed by an
    appropriate International Instrument amongst
    governments.
  • This Memorandum of Understanding will
    appropriately reflect the governments'
    responsibilities under the Code.
  • Article 6 has been substantially expanded to
    provide a template for the important government
    responsibilities to be included in a Memorandum
    of Understanding.

21
Other Major Changes
  • Acceptance of the Code (Article 7). This Article
    has been reorganized to better describe the
    acceptance process by Signatories, Participants
    and governments. The Code makes it clear that
    membership, accreditation and participation in
    sport or sport organizations are sufficient for
    athletes and their support personnel to be bound
    by the Code.
  • Compliance (Article 7.4 7.5). These Articles
    have been modified to clarify WADA's role as the
    organization that evaluates compliance and makes
    reports on non-compliance and the role of the
    IOC, International Federations and Major Event
    Organizations as the organizations that decide
    whether or not to impose event hosting or
    eligibility consequences with respect to their
    events on non-compliant organizations.

22
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