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L.S. 455.13 Regolamenti dwar l-Anti-Doping

[ S.L. 455.13 ANTI-DOPING SUBSIDIARY LEGISLATION 455.13 ANTI-DOPING REGULATIONS 16th March, 2021 LEGAL NOTICE 104 of

  2. The title of these regulations is the Anti-Doping Regulations. Citation.
  3. In these regulations, unless the context otherwise requires or specified in the Code: Interpretation. "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-ofCompetition 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 WADAaccredited 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; Cap. 455 1 2 [ S.L. 455.13 ANTI-DOPING "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 InternationalLevel 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 AntiDoping 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 antidoping rule violation under Regulation 2

(1),
(3)or
(5)of the ANTI-DOPING [ S.L. 455.13 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 antidoping 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 3 4 [ S.L. 455.13 ANTI-DOPING anti-doping rule which may result in one or more of the following: (
  1. a)Disqualification; (
  2. b)Ineligibility; (
  3. c)Provisional Suspension; (
  4. d)Financial Consequences; and (
  5. 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 AntiDoping Organization delegates any aspect of Doping Control or antidoping 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 antidoping 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 ANTI-DOPING [ S.L. 455.13 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)(
  1. a)or (
  2. 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; 5 6 [ S.L. 455.13 ANTI-DOPING "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 biotransformation process; any substance produced by a "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 ANTI-DOPING [ S.L. 455.13 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 7 8 [ S.L. 455.13 ANTI-DOPING 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 InCompetition; "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 ANTI-DOPING [ S.L. 455.13 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 9 10 [ S.L. 455.13 ANTI-DOPING 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 AntiDoping 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; Cap. 455. "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- ANTI-DOPING [ S.L. 455.13 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 11 12 [ S.L. 455.13 ANTI-DOPING 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. Applicability of the Code and these regulations. 3.
(1)The applicable provisions of the Code shall, notwithstanding anything to the contrary in any other law, but subject to the provisions of these regulations, have force of law throughout 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, ANTI-DOPING [ S.L. 455.13 13 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. 4. In these regulations, if there is any conflict between the English and Maltese texts, the English text shall prevail. SCHEDULE REGULATION 1 1.
(1)APPLICABILITY ENFORCABILITY AND These Anti-Doping Regulations shall apply to: (
  1. 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; (
  2. 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; (
  3. 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: (
  4. 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); (
  5. 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 Conflict between texts. 14 [ S.L. 455.13 ANTI-DOPING 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; (
  6. 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; (
  7. v)Recreational Athletes; and (
  8. 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 Antidoping Regulations applicable to National-Level Athletes shall apply to such Athletes: (
  1. 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; (
  2. b)Athletes who participate or compete at any ANTI-DOPING [ S.L. 455.13 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; (
  3. 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; (
  4. 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 VIOLATIONS RULE 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 15 16 [ S.L. 455.13 ANTI-DOPING 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. (
  1. 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. (
  2. 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 (
  1. 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. (
  2. 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 ANTI-DOPING [ S.L. 455.13 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-ofCompetition 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 InCompetition of any prohibited substance or any Prohibited Method, or Possession by an Athlete Support Person Out-ofCompetition 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 antidoping rule violation or violation of Regulation 10
(14)(a) by another Person.
(10)Prohibited association by an Athlete or Other Person (
  1. 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: 17 18 [ S.L. 455.13 ANTI-DOPING (
  2. i)If subject to the authority of an AntiDoping Organisation, is serving a period of Ineligibility; or (
  3. ii)if not subject to the authority of an AntiDoping 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)(
  1. i)or (
  2. 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), (
  3. 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): (
  1. 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; ANTI-DOPING [ S.L. 455.13 (
  2. 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 3.
(1)PROOF OF DOPING Burdens and Standards of Proof 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 19 20 [ S.L. 455.13 ANTI-DOPING evaluation of the challenge; (
  1. 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; (
  2. 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: (
  3. 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; (
  4. 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 ANTI-DOPING [ S.L. 455.13 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; (
  5. 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. (
  6. 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; (
  7. 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 4.
(1)THE PROHIBITED LIST Incorporation of the Prohibited List 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 21 22 [ S.L. 455.13 ANTI-DOPING 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 Identified on the Prohibited List (
  1. a)and Prohibited Methods 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 InCompetition 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. (
  2. 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. (
  3. 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 InCompetition 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. ANTI-DOPING
(4)[ S.L. 455.13 Therapeutic Use Exemptions ("TUEs") (
  1. 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. (
  2. b)TUE application process (
  3. i)Any Athlete who is not an InternationalLevel 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 23 24 [ S.L. 455.13 ANTI-DOPING 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. (
  1. 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. (
  2. 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. (
  3. 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: (
  4. i)Where the Athlete already has a TUE granted by the TUEC for the substance or method in ANTI-DOPING [ S.L. 455.13 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 25 26 [ S.L. 455.13 ANTI-DOPING 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 nationallevel Competition as well when the twenty-one
(21)day review deadline expires. (
  1. e)Expiration, Withdrawal or Reversal of a TUE (
  2. i)A TUE granted pursuant to these AntiDoping 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. (
  3. 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 ANTI-DOPING [ S.L. 455.13 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. (
  4. f)Reviews and Appeals of TUE Decisions (
  5. i)If the TUEC denies an application for a TUE, the Athlete may appeal exclusively to the nationallevel appeal body described in Regulation 13
(2)(b). (
  1. 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. (
  2. 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. (
  3. 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 5. TESTING INVESTIGATIONS AND
(1)Purpose of Testing and Investigations (
  1. a)Testing and investigations may be undertaken for 27 28 [ S.L. 455.13 ANTI-DOPING any anti-doping purpose. They shall be conducted in conformity with the provisions of the International Standard for Testing and Investigations. (
  2. 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. (
  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. (
  2. c)WADA shall have In-Competition and Out-ofCompetition 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 (
  1. 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. (
  2. 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 ANTI-DOPING [ S.L. 455.13 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 (
  1. a)The ADC shall conduct test distribution planning and Testing as required by the International Standard for Testing and Investigations. (
  2. 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. (
  1. 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 29 30 [ S.L. 455.13 ANTI-DOPING and Investigations. (
  2. 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. (
  3. d)In accordance with the International Standard for Testing and Investigations, each Athlete in the Registered Testing Pool shall do the following: (
  4. i)advise the ADC of his/her whereabouts on a quarterly basis; (
  5. 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. (
  6. 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. (
  1. 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 (
  2. i)the Athlete gives written notice to the ADC that he has retired; or (
  3. ii)the ADC has informed him that he no longer satisfies the criteria for inclusion in the ADC’s Registered Testing Pool. (
  4. 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 ANTI-DOPING [ S.L. 455.13 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. (
  1. 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. (
  2. 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 (
  3. j)and (k). (
  4. 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 AntiDoping Organisations. (
  5. 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. (
  6. 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 NationalLevel Athlete in the ADC’s Registered Testing Pool retires and then wishes to return to active participation in sport, the 31 32 [ S.L. 455.13 ANTI-DOPING 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 WADAaccredited 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 ANTI-DOPING [ S.L. 455.13 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. 33 34 [ S.L. 455.13 ANTI-DOPING
(6)Further Analysis of a Sample after it has been Reported as Negative or has Otherwise not Resulted in an Antidoping 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. ANTI-DOPING REGULATION 7 [ S.L. 455.13 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). (
  1. b)In circumstances where the rules of a National Anti-Doping Organisation do not give the National AntiDoping 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 AntiDoping 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. (
  2. 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. (
  3. 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. (
  4. 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 35 36 [ S.L. 455.13 ANTI-DOPING set by WADA, such refusal shall be considered an act of noncompliance, 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 AntiDoping 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 AntiDoping 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: (
  1. i)the Athlete demonstrates to the NADDP that the violation is likely to have involved a Contaminated Product, or (
  2. 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). ANTI-DOPING [ S.L. 455.13 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. (
  1. 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 (
  2. 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. (
  3. c)Opportunity for Hearing or Appeal Notwithstanding the provisions of paragraphs (
  4. a)and (b), a Provisional Suspension may not be imposed unless the Athlete or other Person is given: (
  5. i)an opportunity for a Provisional Hearing, either before or on a timely basis after the imposition of the Provisional Suspension; or (
  6. 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). (
  1. 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: (
  2. 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. 37 38 [ S.L. 455.13 ANTI-DOPING 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 (
  1. 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. (
  2. 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: (
  1. 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 (
  2. 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 ANTI-DOPING [ S.L. 455.13 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 antidoping 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 (
  1. a)Fair, impartial and Operationally Independent Hearing Panel (
  2. 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. (
  3. 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 39 40 [ S.L. 455.13 ANTI-DOPING decision, or appeals in the same given case. (
  4. 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. (
  1. 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. (
  2. b)Hearing Process (
  3. 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 subregulation
(3)(
  1. 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. (
  2. 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. (
  1. 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. (
  2. v)WADA, the International Federation, and the National Sports Organisation of the Athlete or other ANTI-DOPING [ S.L. 455.13 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 (
  1. 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. (
  2. 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. (
  3. c)In cases where paragraph (
  4. a)or paragraph (
  5. 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 41 42 [ S.L. 455.13 ANTI-DOPING 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 DISQUALIFICATION INDIVIDUAL RESULTS OF 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 (
  1. 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. (
  2. 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 (
  1. b)or paragraph (
  2. f)shall be as follows, subject to potential elimination, reduction or suspension pursuant to subregulations
(5),
(6)or
(7): (a) The period of Ineligibility, subject to paragraph (d), shall be four
(4)years where: (
  1. i)the anti-doping rule violation does not ANTI-DOPING [ S.L. 455.13 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; (
  2. 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. (
  3. b)If paragraph (
  4. a)does not apply, subject to paragraph (c)(i), the period of Ineligibility shall be two
(2)years. (
  1. 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 InCompetition 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. (
  2. d)Notwithstanding any other provision in this subregulation, where the anti-doping rule violation involves a Substance of Abuse: (
  3. 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 subregulation
(6); (
  1. ii)if the ingestion, Use or Possession 43 44 [ S.L. 455.13 ANTI-DOPING 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 (
  2. a)and shall not provide a basis for a finding of Aggravating Circumstances under subregulation
(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 [ S.L. 455.13 ANTI-DOPING 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 45 46 [ S.L. 455.13 ANTI-DOPING 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. (
  1. b)Application of No Significant Fault Negligence beyond the application of paragraph (
  2. a)or If an Athlete or other Person establishes in an individual case where paragraph (
  3. a)is not applicable, that he or she bears No Significant Fault or Negligence, then, subject to further reduction or elimination as provided in subregulation
(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 [ S.L. 455.13 ANTI-DOPING 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 (
  1. a)Substantial Assistance Establishing Code Violations in Discovering or (
  2. 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 AntiDoping Organisation with Results Management responsibility; or (C) which results in WADA initiating a proceeding against a Signatory, WADAaccredited 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 47 48 [ S.L. 455.13 ANTI-DOPING 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 subregulation
(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 AntiDoping 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 ANTI-DOPING [ S.L. 455.13 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 subparagraph. 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 subregulation, 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 onefourth of the otherwise applicable period of Ineligibility. 49 50 [ S.L. 455.13 ANTI-DOPING
(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. (
  1. b)Case Resolution Agreement Where the Athlete or other Person admits an anti-doping rule violation after being confronted with the antidoping rule violation by the ADC and agrees to Consequences acceptable to the ADC and WADA, at their sole discretion, then: (
  2. 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. ANTI-DOPING [ S.L. 455.13 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 (
  1. a)Second or Third Anti-Doping Rule Violation (
  2. 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 antidoping 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 subregulations
(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 (
  1. i)and (
  2. ii)may then be further reduced by the application of sub-regulation
(7). (b) An anti-doping rule violation for which an 51 52 [ S.L. 455.13 ANTI-DOPING Athlete or other Person has established No Fault or Negligence shall not be considered a violation for purposes of this subregulation. In addition, an anti-doping rule violation sanctioned under sub-regulation
(2)(d)(
  1. i)shall not be considered a violation for purposes of this sub-regulation. (
  2. c)Additional Regulations for Certain Potential Multiple Violations (
  3. i)For purposes of imposing sanctions under this sub-regulation, except as provided in paragraph (c)(
  4. 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 standalone 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 standalone 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 ANTI-DOPING [ S.L. 455.13 together shall constitute a single violation for purposes of paragraph (a). (
  1. iv)If the ADC establishes that an Athlete or other Person has committed a second or third antidoping rule violation during a period of Ineligibility, the periods of Ineligibility for the multiple violations shall run consecutively, rather than concurrently. (
  2. 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 InCompetition 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 discretio

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