World Anti-Doping Code

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

• LOGO