S.L. 455.13 · Anti-Doping Regulations (S.L. 455.13)

S.L. 455.13 Art. 5

In KraftAmtlicher Text

(1) Purpose of Testing and Investigations

(a) and investigations may be undertaken for Testing any anti-doping purpose. They shall be conducted in conformity with the provisions of the International Standard for and Investigations. Testing

(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 set Event Testing out in sub-regulation (3), the ADC shall have In-Competition and authority over all Out-of-Competition Testing Athletes specified in Regulation 1.

(b) The ADC may require any Athlete over whom it has Testing authority (including any Athlete serving a period of Ineligibility) to provide a Sample at any time and at any place.

(d) If an or International Federation Major Event delegates or contracts any part of to the Organisation Testing ADC directly or through a the National Sports Organisation, ADC may collect additional or direct the laboratory Samples to perform additional types of analysis at the ADC’s expense. If additional are collected or additional types of Samples analysis are performed, the or International Federation Major shall be notified. Event Organisation

(3) Event Testing

(a) Except as otherwise provided hereunder, only a single shall have authority to conduct at Organisation Testing during an At Event Venues Event Period. International Events held in Malta, the international organisation which is the ruling body for the shall have authority to conduct At Event Testing. held in Malta, the ADC shall have authority to National Events conduct At the request of the ruling body for an Testing. Event, any conducted during the outside of the Testing Event Period shall be coordinated with the ruling body of the Event Venues Event.

(b) If an which would Anti-Doping Organisation, otherwise have authority but is not responsible for Testing initiating and directing at an desires to conduct Testing Event, of at the during the Testing Athletes Event Venues Event the shall first confer with Period, Anti-Doping Organisation the ruling body of the to obtain permission to conduct Event and coordinate such If the Testing. Anti-Doping Organisation is not satisfied with the response from the ruling body of the the may, in accordance with Event, Anti-Doping Organisation procedures described in the for International Standard Testing and Investigations, ask for permission to conduct WADA and to determine how to coordinate such Testing Testing. shall not grant approval for such before WADA Testing consulting with and informing the ruling body for the Event. decision shall be final and not subject to appeal. WADA’s Unless otherwise provided in the authorization to conduct such tests shall be considered Testing, Out-of-Competition tests. for any such test shall be the Results Management responsibility of the initiating the Anti-Doping Organisation test unless provided otherwise in the rules of the ruling body of the Event.

(4) Requirements Testing

(a) The ADC shall conduct test distribution planning and Testing as required by the International Standard for Testing and Investigations.

(b) Where reasonably feasible, shall be Testing coordinated through in order to maximize the ADAMS effectiveness of the combined effort and to avoid Testing unnecessary repetitive Testing.

(5) Whereabouts Information Athlete

(a) The ADC has established a Registered Testing Pool of those Athletes who are required to provide whereabouts information in the manner specified in the International Standard for Testing and Investigations and who shall be subject to Consequences for Regulation 2(4) violations as provided in Regulation 10(3)(b). The ADC shall coordinate with International Federations to identify such Athletes and to collect their whereabouts information.

(b) The ADC shall make available through ADAMS a list which identifies those included in its Athletes Registered by name. The ADC shall regularly review and Testing Pool update as necessary its criteria for including in its Athletes and shall periodically (but not less Registered Testing Pool, than quarterly) review the list of in its Athletes Registered to ensure that each listed continues to Testing Pool Athlete meet the relevant criteria. shall be notified before they Athletes are included in the and when they are Registered Testing Pool removed from that pool. The notification shall contain the information set out in the for International Standard Testing and Investigations.

(c) Where an Athlete is included in an international Registered Testing Pool by their International Federation and in a national Registered Testing Pool by the ADC, the ADC and the International Federation shall agree between themselves which of them shall accept that Athlete’s whereabouts filings; in no case shall an Athlete be required to make whereabouts filings to more than one of them.

(d) In accordance with the International Standard for and Investigations, each in the Testing Athlete Registered shall do the following: Testing Pool

(i) advise the ADC of his/her whereabouts on a quarterly basis;

(ii) update that information as necessary so that it remains accurate and complete at all times; and

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

(e) For purposes of Regulation 2(4), an Athlete’s failure to comply with the requirements of the International for and Investigations shall be deemed a Standard Testing filing failure or a missed test.

(f) An Athlete in the ADC’s Registered Testing Pool shall continue to be subject to the obligation to comply with the whereabouts requirements set in the International Standard for Testing and Investigations unless and until -

(i) the gives written notice to the Athlete ADC that he has retired; or

(ii) the ADC has informed him that he no longer satisfies the criteria for inclusion in the ADC’s Registered Testing Pool.

(g) Whereabouts information provided by an Athlete while in the Registered Testing Pool shall be accessible through ADAMS to WADA and to other Anti-Doping Organisations having authority to test that Athlete as provided in sub-regulation (2). Whereabouts information shall be maintained in strict confidence at all times; it shall be used exclusively for purposes of planning, coordinating or conducting Doping Control, providing information relevant to the Athlete Biological Passport or other analytical results, to support an investigation into a potential anti-doping rule violation, or to support proceedings alleging an anti-doping rule violation; and shall be destroyed after it is no longer relevant for these purposes in accordance with the for the Protection of Privacy and International Standard Personal Information.

(h) In accordance with the International Standard for and Investigations, the ADC has established a Testing which includes who are subject to less Testing Pool, Athletes stringent whereabouts requirements than included the Athletes ADC’s Registered Testing Pool.

(i) The ADC shall notify Athletes before they are included in the Testing Pool and when they are removed. Such notification shall include the whereabouts requirements and the Consequences that apply in case of non-compliance, as indicated in paragraphs (j) and (k).

(j) included in the shall Athletes Testing Pool 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 to enable better coordination with other ADAMS Testing Anti-Doping Organisations.

(k) An Athlete’s failure to provide whereabouts information on or before the date required by the ADC or the Athlete’s failure to provide accurate whereabouts information shall result in the ADC elevating the Athlete to the ADC’s Registered Testing Pool.

(l) The ADC may, in accordance with the for and Investigations, collect International Standard Testing whereabouts information from who are not included Athletes within a If it chooses to do so, an Registered Testing Pool. failure to provide requested whereabouts information Athlete’s 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 to the ADC’s Athlete Registered Testing Pool.

(6) Retired Returning to Athletes Competition

(a) if an International-Level Athlete or National-Level Athlete in the ADC’s Registered Testing Pool retires and then wishes to return to active participation in sport, the shall not compete in or Athlete International Events National until the has made himself available for Events Athlete 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 unless the can Disqualified Athlete establish that he or she could not have reasonably known that this was an or a International Event National Event.

(b) If an retires from sport while subject to a Athlete period of the must notify the Ineligibility, Athlete Anti-Doping that imposed the period of in writing Organisation Ineligibility of such retirement. If the then wishes to return to active Athlete competition in sport, the shall not compete in Athlete or until the has International Events National Events Athlete made himself available for by giving six (6) months Testing prior written notice (or notice equivalent to the period of remaining as of the date the retired, if that Ineligibility Athlete 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 in Malta shall authorize and facilitate the Events Independent at such Observer Program 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 under Regulation 2(1), shall be Analytical Finding Samples analysed only in laboratories or laboratories WADA-accredited otherwise approved by The choice of the WADA. WADA-accredited or laboratory used for the WADA-approved Sample analysis shall be determined exclusively by the ADC.

(b) As provided in Regulation 3(2), facts related to anti-doping rule violations may be established by any reliable means. This would include, for example, reliable laboratory or other forensic testing conducted outside of WADA-accredited or approved laboratories.

(2) Purpose of Analysis of and Data Samples

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 and Data Samples related analytical data and Samples, Doping Control information may be used for anti-doping research purposes, although no may be used for research without the written Sample Athlete’s consent. and related analytical data or Samples Doping Control information used for research purposes shall first be processed in such a manner as to prevent and related analytical data or Samples information being traced back to a particular Doping Control Athlete. Any research involving and related analytical data or Samples information shall adhere to the principles set out in Doping Control Article 19 of the Code.

(4) Standards for Sample Analysis and Reporting

The ADC shall ask laboratories to analyse in Samples conformity with the for Laboratories and International Standard Article 4.7 of the for and International Standard Testing Investigations.

Laboratories at their own initiative and expense may analyse for or Samples Prohibited Substances Prohibited Methods not included on the standard analysis menu, or as requested Sample by the ADC. Results from any such analysis shall be reported to the ADC and have the same validity and as any other Consequences 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 prior Sample to the time the ADC notifies an that the is the basis Athlete Sample for an Regulation 2(1) anti-doping rule violation charge. If after such notification the ADC wishes to conduct additional analysis on that it may do so with the consent of the or approval from Sample, Athlete a hearing body.

(6) Further Analysis of a after it has been Sample Reported as Negative or has Otherwise not Resulted in an Anti-doping Rule Violation Charge

After a laboratory has reported a Sample as negative, or the Sample has not otherwise resulted in an anti-doping rule violation charge, it may be stored and subjected to further analyses for the purpose of sub-regulation (2) at any time exclusively at the direction of either the Anti-Doping Organisation that initiated and directed Sample collection or WADA. Any other Anti-Doping Organisation with authority to test the Athlete that wishes to conduct further analysis on a stored Sample may do so with the permission of the Anti-Doping Organisation that initiated and directed Sample collection or WADA, and shall be responsible for any follow-up Results Management. Any Sample storage or further analysis initiated by WADA or another Anti-Doping Organisation shall be at WADA’s or that Organisation’s expense. Further analysis of Samples shall conform with the requirements of the International Standard for Laboratories.

(7) Split of A or B Sample

Where an with WADA, Anti-Doping Organisation authority, and, or a laboratory Results Management WADA-accredited (with approval from or the with WADA Anti-Doping Organisation authority) wishes to split an A or B for Results Management Sample the purpose of using the first part of the split for an A Sample Sample analysis and the second part of the split for confirmation, then Sample the procedures set forth in the for International Standard Laboratories shall be followed.

(8) Wada’s Right to Take Possession of Samples and Data may, in its sole discretion at any time, with or WADA without prior notice, take physical possession of any and Sample related analytical data or information in the possession of a laboratory or Upon request by the Anti-Doping Organisation. WADA, laboratory or in possession of the Anti-Doping Organisation Sample or data shall immediately grant access to and enable to take WADA physical possession of the or data. If has not provided Sample WADA prior notice to the laboratory or before Anti-Doping Organisation taking possession of a or data, it shall provide such notice to Sample the laboratory and each whose or Anti-Doping Organisation Samples data have been taken by within a reasonable time after taking WADA possession. After analysis and any investigation of a seized or Sample data, may direct another with WADA Anti-Doping Organisation authority to test the to assume Athlete Results Management responsibility for the or data if a potential anti-doping rule Sample violation is discovered. REGULATION 7 RESULTS MANAGEMENT: RESPONSIBILITY, INITIAL REVIEW, NOTICE AND PROVISIONAL SUSPENSIONS

under these Anti-Doping Regulations Results Management 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 Article 7(1), shall be Code Results Management the responsibility of, and shall be governed by, the procedural rules of the that initiated and Anti-Doping Organisation directed collection (or, if no collection is Sample Sample involved, the which first provides Anti-Doping Organisation notice to an or other of a potential anti-doping Athlete Person rule violation and then diligently pursues that anti-doping rule violation).

(b) In circumstances where the rules of a National do not give the Anti-Doping Organisation National Anti-authority over an or other Doping Organisation Athlete Person who is not a national, resident, license holder, or member of a sport of that country, or the Organisation National Anti-declines to exercise such authority, Doping Organisation shall be conducted by the applicable Results Management International Federation or by a third party with authority over the or other as directed by the rules of the Athlete Person applicable International Federation.

(c) Results Management in relation to a potential whereabouts failure (a filing failure or a missed test) shall be administered by the International Federation or the ADC with whom the Athlete in question files whereabouts information, as provided in the International Standard for Results Management. If NADOMALTA determines a filing failure or a missed test, it shall submit that information to WADA through ADAMS, where it will be made available to other relevant Anti-Doping Organisations.

(d) Other circumstances in which the ADC shall take responsibility for conducting in Results Management respect of anti-doping rule violations involving and Athletes other under its authority shall be determined by Persons reference to and in accordance with Article 7 of the Code.

(e) may direct the ADC to conduct WADA Results in particular circumstances. If the ADC refuses Management to conduct within a reasonable deadline Results Management set by such refusal shall be considered an act of non-WADA, compliance, and may direct another WADA Anti-Doping with authority over the or other Organisation Athlete Person, that is willing to do so, to take Results Management responsibility in place of the ADC or, if there is no such Anti-any other Doping Organisation, 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 to the other Management Anti-Doping Organisation designated by and a failure to reimburse costs and WADA, attorney’s fees shall be considered an act of non-compliance.

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

The ADC shall carry out the review and notification with respect to any potential anti-doping rule violation in accordance with the for International Standard 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 after an Provisional Suspension or Adverse Analytical Finding 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 may be Provisional Suspension eliminated if:

(i) the demonstrates to the Athlete NADDP that the violation is likely to have involved a or Contaminated Product,

(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). decision not to eliminate a mandatory NADDP’s on account of the assertion Provisional Suspension Athlete’s regarding a shall not be appealable. Contaminated Product

(b) Optional based on an Provisional Suspension for Adverse Analytical Finding Specified Substances, Specified or Other Anti-Doping Rule Methods, Contaminated Products, Violations

The ADC may impose a Provisional Suspension for anti-doping rule violations not covered by paragraph (a) prior to the analysis of the Athlete’s B Sample or final hearing as described in Regulation 8.

An optional may be Provisional Suspension lifted at the discretion of the ADC at any time prior to the decision under Regulation 8, unless provided NADDP’s otherwise in the for International Standard Results Management.

Notwithstanding the provisions of paragraphs (a) and (b), a Provisional Suspension may not be imposed unless the Athlete or other Person is given:

(i) an opportunity for a Provisional either before or on a timely basis after the Hearing, imposition of the or Provisional Suspension;

(ii) an opportunity for an expedited hearing in accordance with Regulation 8 on a timely basis after the imposition of the Provisional Suspension.

The imposition of a Provisional Suspension, or the decision not to impose a Provisional Suspension, may be appealed in an expedited process in accordance with Regulation 13(2).

(d) Voluntary Acceptance of Provisional Suspension on their own initiative may voluntarily Athletes accept a if done so prior to the later of: Provisional Suspension

(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 first Athlete competes after such report or notice. Other on their own initiative may Persons voluntarily accept a if done so within Provisional Suspension ten (10) days from the notice of the anti-doping rule violation.

Upon such voluntary acceptance, the Provisional Suspension shall have the full effect and be treated in the same manner as if the Provisional Suspension had been imposed under paragraphs (a) or (b):

Provided that at any time after voluntarily accepting a the or other may Provisional Suspension, Athlete Person withdraw such acceptance, in which event the or other Athlete shall not receive any credit for time previously served Person during the Provisional Suspension.

(e) If a is imposed based on Provisional Suspension an A and a subsequent B Sample Adverse Analytical Finding analysis (if requested by the or the ADC) does Sample Athlete not confirm the A analysis, then the shall not Sample Athlete be subject to any further on account of Provisional Suspension a violation of Regulation 2(1). In circumstances where the or the team has been removed from an Athlete Athlete’s Event based on a violation of Regulation 2(1) and the subsequent B analysis does not confirm the A finding, then, Sample Sample if it is still possible for the or team to be reinserted, Athlete without otherwise affecting the the or team may Event, Athlete continue to take part in the Event.

(5) Results Management Decisions decisions or adjudications by the Results Management ADC or adjudications by the and, or must not NADDP NADAP purport to be limited to a particular geographic area or sport and shall address and determine without limitation the following issues:

(a) whether an anti-doping rule violation was committed or a should be imposed, the Provisional Suspension factual basis for such determination, and the specific regulations that have been violated, and

(b) all Consequences flowing from the anti-doping rule violation(s), including applicable Disqualifications under Regulations 9 and 10(10), any forfeiture of medals or prizes, any period of Ineligibility (and the date it begins to run) and any Financial Consequences.

(6) Notification of Decisions Results Management

The shall notify other NADDP Athletes, Persons, and of decisions as provided Signatories WADA Results Management in Regulation 14(2) and in the for International Standard Results Management.

(7) Retirement from Sport

If an Athlete or other Person retires while NADOMALTA’s Results Management process is underway, NADOMALTA retains authority to complete its Results Management process. If an Athlete or other Person retires before any Results Management process has begun, and NADOMALTA would have had Results Management authority over the Athlete or other Person at the time the Athlete or other Person committed an anti-doping rule violation, NADOMALTA has authority to conduct Results Management.

REGULATION 8 RESULTS MANAGEMENT: RIGHT TO A FAIR HEARING AND NOTICE OF HEARING DECISION

For any who is asserted to have committed an anti-Person doping rule violation, the shall provide a fair hearing within NADDP a reasonable time by a fair, impartial and Operationally Independent hearing panel in compliance with the and the Code International for Standard Results Management.

(1) Fair hearings

(a) Fair, impartial and Operationally Independent Hearing Panel

(i) The Minister responsible for Sport shall establish a hearing panel referred to as the that NADDP shall have jurisdiction to hear and determine whether an or other subject to these Anti-Doping Athlete Person, Regulations, has committed an anti-doping rule violation and, if applicable, to impose relevant Consequences.

(ii) The Minister shall ensure that the NADDP is free of conflict of interest and that its composition, term of office, professional experience, Operational Independence and adequate financing comply with the requirements of the International Standard for Results Management.

(iii) Board members, staff members, commission members, consultants and officials of or its bodies, as well as any NADOMALTA Person involved in the investigation and pre-adjudication of the matter, cannot be appointed as members and, or clerks of In particular, no member shall have previously NADDP. considered any application, TUE Results Management decision, or appeals in the same given case.

(iv) The NADDP shall consist of an independent Chairperson and six (6) other independent members.

(v) Each member shall be appointed by taking into consideration their requisite anti-doping experience including their legal, sports, medical and, or scientific expertise. Each member shall be appointed for a once renewable term of three (3) years.

(vi) The shall be in a position to NADDP conduct the hearing and decision-making process without interference from the ADC or any third party.

(b) Hearing Process

(i) When the ADC sends a notice to an or other notifying them of a potential Athlete Person anti-doping rule violation, and the or other Athlete does not waive a hearing in accordance with sub-Person regulation (3)(a) or (b), then the case shall be referred to the for hearing and adjudication, which shall be NADDP conducted in accordance with the principles described in Regulations 8 and 9 of the for International Standard Results Management.

(ii) The Chairperson shall appoint three (3) members (which may include the Chairperson) to hear that case. When hearing a case, one (1) panel member shall be a qualified lawyer, with no less than three (3) years of relevant legal experience, and one (1) panel member shall be a qualified medical practitioner, with no less than three (3) years of relevant medical experience.

(iii) Upon appointment by the Chairperson as a member of NADDP, each member must also sign a declaration that there are no facts or circumstances known to him which might call into question their impartiality in the eyes of any of the parties, other than those circumstances disclosed in the declaration.

(iv) Hearings held in connection with Events in respect to and other who are subject Athletes Persons to these Anti-Doping Regulations may be conducted by an expedited process where permitted by the NADDP.

(v) the International Federation, and WADA, the of the or other National Sports Organisation Athlete may attend the hearing as observers. In any Person event, the shall keep them fully apprised as to NADDP 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 shall notify that decision to the NADDP or other and to other Athlete Person Anti-Doping with a right to appeal under Regulation Organisations 13(2)(c), and shall promptly report it into The ADAMS. decision may be appealed as provided in Regulation 13.

(3) Waiver of Hearing

(a) An Athlete or other Person against whom an anti-doping rule violation is asserted may waive a hearing expressly and agree with the Consequences proposed by the ADC.

(b) However, if the or other against Athlete Person whom an anti-doping rule violation is asserted fails to dispute that assertion within the deadline otherwise specified in the notice sent by the ADC asserting the violation, then they shall be deemed to have waived a hearing, to have admitted the violation and to have accepted the proposed Consequences.

(c) In cases where paragraph (a) or paragraph (b) applies, a hearing before shall not be required. Instead NADDP the ADC shall promptly issue a written decision that conforms with Article 9 of the for International Standard Results and which includes the full reasons for the Management decision, the period of imposed, the Ineligibility of results under Regulation 10(10) and, if Disqualification applicable, a justification for the reasons why the greatest potential were not imposed. Consequences

(d) The ADC shall notify that decision to the Athlete or other Person and to other Anti-Doping Organisations with a right to appeal under Regulation 13(2)(c), and shall promptly report it into ADAMS. The ADC shall Publicly Disclose that decision in accordance with Regulation 14(3)(b).

(4) Single Hearing Before CAS Anti-doping rule violations asserted against or other International-Level Athletes, National-Level Athletes may, with the consent of the or other the Persons Athlete Person, ADC and be heard in a single hearing directly at WADA, CAS.

REGULATION 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS

An anti-doping rule violation in in Individual Sports connection with an test automatically leads to In-Competition of the result obtained in that with all Disqualification Competition resulting including forfeiture of any medals, points Consequences, and prizes.

REGULATION 10 SANCTIONS ON INDIVIDUALS

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

(a) An anti-doping rule violation occurring during or in connection with an may, upon the decision of the Event ruling body of the lead to of all of the Event, Disqualification individual results obtained in that with all Athlete’s Event including forfeiture of all medals, points and Consequences, prizes, except as provided in paragraph (b).

Factors to be included in considering whether to other results in an might include, for Disqualify Event example, the seriousness of the anti-doping rule Athlete’s violation and whether the tested negative in the other Athlete Competitions.

(b) If the Athlete establishes that he bears No Fault or Negligence for the violation, the Athlete’s individual results in the other Competitions shall not be Disqualified, unless the Athlete’s results in Competitions other than the Competition in which the anti-doping rule violation occurred were likely to have been affected by the Athlete’s anti-doping rule violation.

(2) for Presence, or or Ineligibility Use Attempted Use of a or Possession Prohibited Substance Prohibited Method

The period of for a violation of paragraph Ineligibility (a), paragraph (b) or paragraph (f) shall be as follows, subject to potential elimination, reduction or suspension pursuant to sub-regulations (5), (6) or (7):

(a) The period of Ineligibility, subject to paragraph (d), shall be four (4) years where:

(i) the anti-doping rule violation does not involve a or a Specified Substance Specified Method, unless the or other can establish that the Athlete Person anti-doping rule violation was not intentional;

(ii) the anti-doping rule violation involves a or a and Specified Substance Specified Method, can establish that the anti-doping rule NADOMALTA violation was intentional.

(b) If paragraph (a) does not apply, subject to paragraph (c)(i), the period of Ineligibility shall be two (2) years.

(c) As used in this sub-regulation, the term "intentional" is meant to identify those or other Athletes who engage in conduct which they knew constituted Persons 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 for a substance which is only prohibited Analytical Finding In-shall be rebuttably presumed to be not Competition "intentional" if the substance is a and the Specified Substance can establish that the was used Athlete Prohibited Substance An anti-doping rule violation resulting Out-of-Competition. from an for a substance which is Adverse Analytical Finding only prohibited shall not be considered In-Competition "intentional" if the substance is not a and Specified Substance the can establish that the was Athlete Prohibited Substance used in a context unrelated to sport Out-of-Competition performance.

(d) Notwithstanding any other provision in this sub-regulation, where the anti-doping rule violation involves a of Substance Abuse:

(i) if the Athlete can establish that any ingestion or Use occurred Out-of-Competition and was unrelated to sport performance, then the period of Ineligibility shall be three (3) months Ineligibility.

In addition, the period of Ineligibility calculated under this sub-paragraph may be reduced to one (1) month if the or other Athlete Person satisfactorily completes a of treatment Substance Abuse program approved by The period of NADOMALTA. established in this sub-paragraph is not Ineligibility subject to any reduction based on any provision in sub-regulation (6);

(ii) if the ingestion, or Use Possession occurred and the can establish In-Competition, Athlete that the context of the ingestion, or was Use Possession unrelated to sport performance, then the ingestion, Use or shall not be considered intentional for Possession purposes of paragraph (a) and shall not provide a basis for a finding of under sub-Aggravating Circumstances regulation (4).

(3) Ineligibility for Other Anti-Doping Rule Violations

The period of for anti-doping rule violations Ineligibility 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 shall be four (4) years except: Ineligibility

(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 or other Athlete can establish exceptional circumstances that Person justify a reduction of the period of the Ineligibility, period of shall be in a range from two (2) Ineligibility years to four (4) years depending on the or other Athlete degree of or Person’s Fault;

(iii) in a case involving a or Protected Person the period of shall be Recreational Athlete, Ineligibility in a range between a maximum of two (2) years and, at a minimum, a reprimand and no period of Ineligibility, depending on the or Protected Person Recreational degree of Athlete’s 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 shall be a minimum of four (4) years up Ineligibility to lifetime depending on the seriousness of the Ineligibility, violation. A Regulation 2(7) or (8) violation involving a shall be considered a particularly serious Protected Person violation and, if committed by for Athlete Support Personnel violations other than for shall result in Specified Substances, lifetime for In Ineligibility Athlete Support Personnel. 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 imposed shall be a minimum of two (2) years, up Ineligibility to lifetime depending on the seriousness of the Ineligibility, 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 shall be a minimum of two (2) years, up to Ineligibility lifetime depending on the seriousness of the Ineligibility, violation by the or other Athlete Person.

(4) which may Increase the Aggravating Circumstances 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 where there is Ineligibility or No Fault Negligence

If an or other establishes in an individual Athlete Person case that he or she bears or then the otherwise No Fault Negligence, applicable period of shall be eliminated. Ineligibility

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

(a) Reduction of Sanctions in Particular Circumstances for Violations of Regulation 2(1), (2) or (6).

All reductions under this paragraph are mutually exclusive and not cumulative.

(i) or Specified Substances Specified Methods

Where the anti-doping rule violation involves a (other than a Specified Substance Substance or and the or other of Abuse) Specified Method, Athlete can establish or Person No Significant Fault Negligence, then the period of shall be, at a minimum, a Ineligibility reprimand and no period of and at a Ineligibility, maximum, two (2) years of depending on Ineligibility, the or other degree of Athlete’s Person’s Fault.

(ii) Contaminated Products

In cases where the or other can Athlete Person establish both or and No Significant Fault Negligence that the detected (other than a Prohibited Substance came from a Substance of Abuse) Contaminated then the period of shall be, at a Product, Ineligibility minimum, a reprimand and no period of Ineligibility, and at a maximum, two (2) years depending Ineligibility, on the or other degree of Athlete Person’s Fault.

(iii) or Protected Persons Recreational Athletes

Where the anti-doping rule violation not involving a Substance of Abuse is committed by a Protected Person or Recreational Athlete, and the Protected Person or Recreational Athlete can establish No Significant Fault or Negligence, then the period of Ineligibility shall be, at a minimum, a reprimand and no period of Ineligibility, and at a maximum, two (2) years Ineligibility, depending on the Protected Person or Recreational Athlete’s degree of Fault.

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

If an or other establishes in an Athlete Person individual case where paragraph (a) is not applicable, that he or she bears or then, subject No Significant Fault Negligence, to further reduction or elimination as provided in sub-regulation (7), the otherwise applicable period of Ineligibility may be reduced based on the or other degree Athlete Person’s of but the reduced period of may not be less Fault, Ineligibility than one-half of the period of otherwise Ineligibility applicable. If the otherwise applicable period of is Ineligibility a lifetime, the reduced period under this paragraph may be no less than eight (8) years.

(7) Elimination, Reduction, or Suspension of Period of or other for Reasons Other than Ineligibility Consequences Fault

(a) Substantial Assistance in Discovering or Establishing Code Violations

(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 and mandatory Disqualification Public imposed in an individual case where the Disclosure) or other has provided Athlete Person Substantial to an criminal Assistance Anti-Doping Organisation, authority or professional disciplinary body which results in:

(A) the Anti-Doping Organisation discovering or bringing forward an anti-doping rule violation by another or Person;

(B) which results in a criminal or disciplinary body discovering or bringing forward a criminal offence or the breach of professional rules committed by another Person and the information provided by the Person providing Substantial Assistance is made available to the ADC or other Anti-Doping Organisation with Results Management responsibility; or

(C) which results in initiating WADA a proceeding against a Signatory, WADA-accredited laboratory, or passport Athlete management unit (as defined in the for Laboratories) for International Standard non-compliance with the Code, International or or Standard Technical Document;

(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, may only suspend a part of the NADOMALTA otherwise applicable with the Consequences approval of and the applicable WADA International Federation.

The extent to which the otherwise applicable period of Ineligibility may be suspended shall be based on the seriousness of the anti-doping rule violation committed by the Athlete or other Person and the significance of the Substantial Assistance provided by the Athlete or other Person to the effort to eliminate doping in sport, non-compliance with the Code and, or sport integrity violations. No more than three-quarters of the otherwise applicable period of Ineligibility may be suspended. If the otherwise applicable period of Ineligibility is a lifetime, the non-suspended period under this sub-paragraph must be no less than eight (8) years. For purposes of this sub-paragraph, the otherwise applicable period of Ineligibility shall not include any period of Ineligibility that could be added under sub-regulation (9)(c)(ii).

If so requested by an or other Athlete who seeks to provide Person Substantial Assistance, shall allow the or other to NADOMALTA Athlete Person provide the information to it subject to a Without Prejudice Agreement.

If the or other fails to Athlete Person continue to cooperate and to provide the complete and credible upon which a suspension Substantial Assistance of was based, shall Consequences NADOMALTA reinstate the original If Consequences. NADOMALTA decides to reinstate suspended or decides Consequences not to reinstate suspended that decision Consequences, may be appealed by any entitled to appeal under Person Regulation 13.

(ii) To further encourage Athletes and other Persons to provide Substantial Assistance to Anti-Doping Organisations, at the request of the ADC or at the request of the Athlete or other Person who has, or has been asserted to have, committed an anti-doping rule violation, or other violation of these regulations, WADA may agree at any stage of the Results Management process, including after an appellate decision under Regulation 13, to what it considers to be an appropriate suspension of the otherwise-applicable period of Ineligibility and other Consequences. In exceptional circumstances, WADA may agree to suspensions of the period of Ineligibility and other Consequences for greater than those otherwise Substantial Assistance provided in this sub-paragraph, or even no period of no mandatory and, or no Ineligibility, Public Disclosure return of prize money or payment of fines or costs. approval shall be subject to reinstatement of WADA’s as otherwise provided in this sub-Consequences, paragraph. Notwithstanding the provisions of Regulation 13, decisions in the context of this WADA’s sub-paragraph may not be appealed.

(iii) If suspends any part of an NADOMALTA otherwise applicable sanction because of Substantial then notice providing justification for the Assistance, decision shall be provided to the other Anti-Doping with a right to appeal under Regulation Organisations 13(2)(c) as provided in Regulation 14(2). In unique circumstances where determines that it would be WADA in the best interest of anti-doping, may authorize WADA to enter into appropriate confidentiality NADOMALTA agreements limiting or delaying the disclosure of the agreement or the nature of Substantial Assistance being provided. Substantial Assistance

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

Where an or other voluntarily Athlete Person admits the commission of an anti-doping rule violation before having received notice of a collection which could Sample 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 may be reduced, but not below one-half of the Ineligibility period of otherwise applicable. Ineligibility

Where an Athlete or other Person establishes entitlement to reduction in sanction under more than one provision of sub-regulations (5), (6) or this sub-regulation, before applying any reduction or suspension under this sub-regulation, the otherwise applicable period of Ineligibility shall be determined in accordance with sub-regulations (2), (3), (5) and (6). If the Athlete or other Person establishes entitlement to a reduction or suspension of the period of Ineligibility under this sub-regulation, then the period of Ineligibility may be reduced or suspended, but not below one-fourth of the otherwise applicable period of Ineligibility.

(8) Agreements Results Management

(a) One (1) Year Reduction for Certain Anti-Doping Rule Violations Based on Early Admission and Acceptance of Sanction

Where an or other after being Athlete Person, notified by the ADC of a potential anti-doping rule violation that carries an asserted period of of four (4) or Ineligibility more years (including any period of asserted Ineligibility under sub-regulation (4)), admits the violation and accepts the asserted period of no later than twenty (20) days Ineligibility after receiving notice of an anti-doping rule violation charge, the or other may receive a one (1) year Athlete Person reduction in the period of asserted by the ADC. Ineligibility Where the or other receives the one (1) year Athlete Person reduction in the asserted period of under this Ineligibility paragraph, no further reduction in the asserted period of shall be allowed under any other regulation. Ineligibility

(b) Case Resolution Agreement

Where the Athlete or other Person admits an anti-doping rule violation after being confronted with the anti-doping rule violation by the ADC and agrees to Consequences acceptable to the ADC and WADA, at their sole discretion, then:

(i) the or other may receive Athlete Person a reduction in the period of based on an Ineligibility assessment by the ADC and of the application of WADA sub-regulations (1) to (7) to the asserted anti-doping rule violation, the seriousness of the violation, the or Athlete other degree of and how promptly the Person’s Fault or other admitted the violation; and Athlete Person

(ii) the period of may start as Ineligibility early as the date of collection or the date on Sample which another anti-doping rule violation last occurred. In each case, however, where this paragraph is applied, the or other shall serve at least one-half Athlete Person of the agreed-upon period of going forward Ineligibility from the earlier of the date the or other Athlete Person accepted the imposition of a sanction or a Provisional which was subsequently respected by the Suspension or other The decision by and the Athlete Person. WADA 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 are not matters Ineligibility, for determination or review by a hearing body and are not subject to appeal under Regulation 13. If so requested by an or other Athlete who seeks to enter into a case resolution Person agreement under this paragraph, the ADC shall allow the or other to discuss an admission of the Athlete Person anti-doping rule violation with it subject to a Without Prejudice Agreement.

(9) Multiple Violations

(a) Second or Third Anti-Doping Rule Violation

(i) For an or other second Athlete Person’s anti-doping rule violation, the period of Ineligibility shall be the greater of:

(A) a six (6) month period of or Ineligibility;

(B) a period of Ineligibility in the range between:

- the sum of the period of imposed for the first anti-Ineligibility doping rule violation plus the period of otherwise applicable to the Ineligibility second anti-doping rule violation treated as if it were a first violation, and

- twice the period of otherwise applicable to the Ineligibility 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 except Ineligibility, if the third violation fulfils the condition for elimination or reduction of the period of under sub-Ineligibility regulations (5) or (6), or involves a violation of Regulation 2.4. In these particular cases, the period of shall be from eight (8) years to lifetime Ineligibility Ineligibility.

(iii) The period of established in Ineligibility sub-paragraphs (i) and (ii) may then be further reduced by the application of sub-regulation (7).

(b) An anti-doping rule violation for which an or other has established or Athlete Person No Fault Negligence shall not be considered a violation for purposes of this sub-regulation. In addition, an anti-doping rule violation sanctioned under sub-regulation (2)(d)(i) shall not be considered a violation for purposes of this sub-regulation.

(i) For purposes of imposing sanctions under this sub-regulation, except as provided in paragraph (c)(ii) and (iii), an anti-doping rule violation will only be considered a second violation if the ADC can establish that the or other committed Athlete Person the additional anti-doping rule violation after the Athlete or other received notice pursuant to Regulation Person 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 Results in all Aggravating Circumstances. Competitions dating back to the earlier anti-doping rule violation will be as provided in sub-regulation (10). Disqualified

(ii) If the ADC establishes that an or Athlete other committed an additional anti-doping rule Person 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 for the additional violation shall be Ineligibility calculated as if the additional violation were a stand-alone first violation and this period of is Ineligibility served consecutively, rather than concurrently, with the period of imposed for the earlier-noticed Ineligibility violation. Where this sub-paragraph applies, the violations taken together shall constitute a single violation for purposes of paragraph (a).

(iii) If the ADC establishes that an Athlete or other Person committed a violation of Regulation 2(5) in connection with the Doping Control process for an underlying asserted anti-doping rule violation, the violation of Regulation 2(5) shall be treated as a stand-alone first violation and the period of Ineligibility for such violation shall be served consecutively, rather than concurrently, with the period of Ineligibility, if any, imposed for the underlying anti-doping rule violation. Where this sub-paragraph is applied, the violations taken together shall constitute a single violation for purposes of paragraph (a).

(iv) If the ADC establishes that an or Athlete other has committed a second or third anti-Person doping rule violation during a period of the Ineligibility, periods of for the multiple violations shall Ineligibility run consecutively, rather than concurrently.

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

For the purposes of this sub-regulation, each anti-doping rule violation must take place within the same ten

(10) year period in order to be considered multiple violations.

(10) of Results in Subsequent Disqualification Competitions to Collection or Commission of an Anti-Doping Rule Sample Violation

In addition to the automatic Disqualification of the results in the Competition which produced the positive Sample under Regulation 9, all other competitive results of the Athlete obtained from the date a positive Sample was collected (whether In-Competition or Out-of-Competition), or other anti-doping rule violation occurred, through the commencement of any Provisional Suspension or Ineligibility period, shall, unless fairness requires otherwise, be Disqualified with all of the resulting Consequences including forfeiture of any medals, points and prizes.

(11) Forfeited Prize Money

If recovers prize money forfeited as a NADOMALTA 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 not Athlete competed.

(12) Financial Consequences

(a) Where an Athlete or other commits an Person anti-doping rule violation, may, in its discretion NADOMALTA and subject to the principle of proportionality, elect to recover from the or other costs associated with the anti-Athlete Person doping rule violation, regardless of the period of Ineligibility imposed.

(b) The imposition of recovery of NADOMALTA’s costs shall not be considered a basis for reducing the or other sanction which would otherwise be Ineligibility applicable under these Anti-Doping Regulations.

(13) Commencement of Period Ineligibility

Where an Athlete is already serving a period of Ineligibility for an anti- doping rule violation, any new period of Ineligibility shall commence on the first day after the current period of Ineligibility has been served. Otherwise, except as provided below, the period of Ineligibility shall start on the date of the final hearing decision providing for Ineligibility or, if the hearing is waived or there is no hearing, on the date Ineligibility is accepted or otherwise imposed.

(a) Delays Not Attributable to the or other Athlete Person

Where there have been substantial delays in the hearing process or other aspects of and the Doping Control, or other can establish that such delays are not Athlete Person attributable to the or other or Athlete Person, NADOMALTA if applicable, may start the period of at NADDP, Ineligibility an earlier date commencing as early as the date of Sample collection or the date on which another anti-doping rule violation last occurred. All competitive results achieved during the period of including retroactive Ineligibility, shall be Ineligibility, disqualified.

(b) Credit for Provisional Suspension or Period of Ineligibility Served

(i) If a is respected Provisional Suspension by the or other then the or other Athlete Person, Athlete shall receive a credit for such period of Person against any period of Provisional Suspension which may ultimately be imposed. If the Ineligibility or other does not respect a Athlete Person Provisional then the or other shall Suspension, Athlete Person receive no credit for any period of Provisional served. If a period of is served Suspension Ineligibility pursuant to a decision that is subsequently appealed, then the or other shall receive a credit for Athlete Person such period of served against any period of Ineligibility which may ultimately be imposed on Ineligibility appeal.

(ii) If an or other voluntarily Athlete Person accepts a in writing from the Provisional Suspension ADC and thereafter respects the Provisional Suspension, the or other shall receive a credit for such Athlete Person period of voluntary against any Provisional Suspension period of which may ultimately be imposed. Ineligibility A copy of the or other voluntary Athlete Person’s acceptance of a shall be Provisional Suspension provided promptly to each party entitled to receive notice of an asserted anti-doping rule violation under Regulation 14(1).

(iii) No credit against a period of Ineligibility shall be given for any time period before the effective date of the or voluntary Provisional Suspension regardless of whether the Provisional Suspension elected not to compete or was suspended by a Athlete team.

(iv) In Team Sports, where a period of Ineligibility is imposed upon a team, unless fairness requires otherwise, the period of Ineligibility shall start on the date of the final hearing decision providing for Ineligibility or, if the hearing is waived, on the date Ineligibility is accepted or otherwise imposed. Any period of team Provisional Suspension (whether imposed or voluntarily accepted) shall be credited against the total period of Ineligibility to be served.

(14) Status during or Ineligibility Provisional Suspension

(a) Prohibition Against Participation during or Ineligibility Provisional Suspension

No Athlete or other Person who has been declared Ineligible or is subject to a Provisional Suspension may, during a period of Ineligibility or Provisional Suspension, participate in any capacity in a Competition or activity (other than authorized anti-doping Education or rehabilitation programs) authorized or organized by any Signatory, Signatory’s member Organisation, or a club or other member Organisation of a Signatory’s member Organisation, or in Competitions authorized or organized by any professional league or any international- or national-level Event Organisation or any elite or national-level sporting activity funded by a governmental agency.

An or other subject to a period of Athlete Person longer than four (4) years may, after completing Ineligibility four (4) years of the period of participate as an Ineligibility, in local sport events not sanctioned or otherwise under Athlete the authority of a or member of a Code Signatory Code but only so long as the local sport event is not at a Signatory, level that could otherwise qualify such or other Athlete Person directly or indirectly to compete in (or accumulate points toward) a national championship or and International Event, does not involve the or other working in any Athlete Person capacity with Protected Persons. An or other subject to a period of Athlete Person shall remain subject to and any Ineligibility Testing requirement by the ADC to provide whereabouts information.

(b) Return to Training

As an exception to paragraph (a), an may Athlete return to train with a team or to use the facilities of a club or of a national sports Organisation during the shorter of:

(i) the last two months of the Athlete’s period of or Ineligibility,

(ii) the last one-quarter of the period of Ineligibility imposed.

Where an or other who has been Athlete Person declared violates the prohibition against Ineligible participation during described in paragraph (a), Ineligibility the results of such participation shall be and a Disqualified new period of equal in length to the original Ineligibility period of shall be added to the end of the original Ineligibility period of The new period of Ineligibility. Ineligibility, including a reprimand and no period of may be Ineligibility, adjusted based on the or other degree of Athlete Person’s Fault and other circumstances of the case. The determination of whether an or other has violated the prohibition Athlete Person against participation, and whether an adjustment is appropriate, shall be made by the Anti-Doping Organisation whose led to the imposition of the initial Results Management period of This decision may be appealed under Ineligibility. Regulation 13.

An Athlete or other Person who violates the prohibition against participation during a Provisional Suspension described in paragraph (a) shall receive no credit for any period of Provisional Suspension served and the results of such participation shall be Disqualified.

Where an or other Athlete Support Person assists a in violating the prohibition against Person Person participation during or a Ineligibility Provisional Suspension, the shall impose sanctions for a violation of NADDP Regulation 2(9) for such assistance.

(d) Withholding of Financial Support during Ineligibility In addition, for any anti-doping rule violation not involving a reduced sanction as described in sub-regulation (5) or (6), some or all sport-related financial support or other sport-related benefits received by such will be Person withheld by the national sports organisation, the Government of Malta, the of Malta and the National Olympic Committee of Malta. National Paralympic Committee

(15) Automatic Publication of Sanction

A mandatory part of each sanction shall include automatic publication, as provided in Regulation 14(3).

REGULATION 11 TO TEAMS CONSEQUENCES

(1) of Testing Team Sports

Where more than one (1) member of a team in a Team Sport has been notified of an anti-doping rule violation under Regulation 7 in connection with an Event, the ruling body for the Event shall conduct appropriate Target Testing of the team during the Event Period.

(2) for Consequences Team Sports

If more than two (2) members of a team in a Team Sport are found to have committed an anti-doping rule violation during an the ruling body of the shall impose an Event Period, Event appropriate sanction on the team (e.g., loss of points, Disqualification from a or or other sanction) in addition to any Competition Event, imposed upon the individual committing the Consequences Athletes anti-doping rule violation.

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

The ruling body for an may elect to establish rules Event for the which impose for stricter Event Consequences Team Sports than those in sub-regulation (2) for purposes of the Event.

REGULATION 12 SANCTIONS BY SPORTMALTA AGAINST OTHER SPORTING BODIES

When the Government, SportMalta or NADOMALTA becomes aware that a national sports organisation in Malta or any other sporting body in Malta over which it has authority has failed to comply with, implement, uphold, and enforce these Anti-Doping Regulations within that Organisation’s or body’s area of competence, NADOMALTA may take the following additional disciplinary actions:

(1) Exclude all, or some group of, members of that Organisation or body from specified future or all Events Events conducted within a specified period of time.

(2) Take additional disciplinary actions with respect to that Organisation’s or body’s recognition, the eligibility of their members to participate in the Organisation or body’s activities based on the following:

(a) Four (4) or more violations of these Anti-Doping Regulations (other than violations involving Regulation 2(4)) are committed by or other affiliated with that Athletes Persons Organisation or body during a twelve (12) month period. In such event all or some group of members of that Organisation or body may be banned from participation in any activities for a period of up to two (2) years. NADOMALTA

(b) Four (4) or more violations of these Anti-Doping Regulations (other than violations involving Regulation 2(4)) are committed in addition to the violations described in paragraph (a) by or other affiliated with that Athletes Persons Organisation or body during a twelve (12) month period in testing conducted by the international federation or by the anti-doping organisations including In such event, NADOMALTA. that Organisation or body may be suspended for a period of up to four (4) years.

(c) More than one Athlete or other Person affiliated with that Organisation or body commits an anti-doping rule violation during an International Event. In such event, that Organisation or body may, at SportMalta’s discretion, withhold any assistance proposed or already committed to the national sports organisation involved; and

(d) That Organisation or body has failed to make diligent efforts to keep informed about an NADOMALTA whereabouts after receiving a request for that Athlete’s information from In such event, the NADOMALTA. Government or SportMalta, at its discretion, may withhold any assistance proposed or already committed to the national association involved, in addition to all of costs NADOMALTA’s incurred in testing that national sports organisation’s Athletes.

(3) Withhold some or all funding or other financial and non-financial support to that Organisation or body.

(4) Oblige that Organisation or body to reimburse NADOMALTA for all costs (including but not limited to laboratory fees, hearing expenses, and travel) related to a violation of these Anti-Doping Regulations committed by an Athlete or other Person affiliated with that Organisation or body. REGULATION 13 RESULTS MANAGEMENT: APPEALS

(1) Decisions Subject to Appeal

Decisions made under the Code or these Anti-Doping Regulations may be appealed as set forth below in sub-regulations (2) to (7) or as otherwise provided in these Anti-Doping Regulations, the Code or the International Standards. Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise.

(a) Scope of Review Not Limited

The scope of review on appeal includes all issues relevant to the matter and is expressly not limited to the issues or scope of review before the initial decision maker. Any party to the appeal may submit evidence, legal arguments and claims that were not raised in the first instance hearing so long as they arise from the same cause of action or same general facts or circumstances raised or addressed in the first instance hearing.

(b) CAS shall Not Defer to the Findings Being Appealed

In making its decision, shall not give CAS deference to the discretion exercised by the body whose decision is being appealed.

Where WADA has a right to appeal under this regulation and no other party has appealed a final decision within NADOMALTA’s process, WADA may appeal such decision directly to CAS without having to exhaust other remedies in NADOMALTA’s process.

(2) Appeals from Decisions Regarding Anti-doping Rule Violations, Implementation Consequences, Provisional Suspensions, of Decisions and Authority

A decision that an anti-doping rule violation was committed, a decision imposing or not imposing Consequences for an anti-doping rule violation, or a decision that no Consequences anti-doping rule violation was committed; a decision that an anti-doping rule violation proceeding cannot go forward for procedural reasons (including, for example, prescription); a decision by WADA not to grant an exception to the six (6) month notice requirement for a retired to return to competition under Regulation 5(6)(a); a Athlete decision by assigning under Article 7(1) WADA Results Management of the a decision by the ADC not to bring forward an Code; Adverse or an as an anti-doping rule Analytical Finding Atypical Finding violation, or a decision not to go forward with an anti-doping rule violation after an investigation in accordance with the International for a decision to impose, or lift, a Standard Results Management; as a result of a the Provisional Suspension Provisional Hearing; ADC’s failure to comply with Regulation 7(4); a decision that the ADC lacks authority to rule on an alleged anti-doping rule violation or its a decision to suspend, or not suspend, Consequences; or to reinstate, or not reinstate, under Consequences Consequences Regulation 10(7)(a); failure to comply with Article 7.1.4 and 7.1.5 of the failure to comply with Regulation 10(8)(a); a decision Code; under Regulation 10(14)(c); a decision by not to NADOMALTA implement another anti-doping organisation’s decision under Regulation 15; and a decision under Article 27.3 of the may be Code appealed exclusively as provided in this sub-regulation.

(a) Appeals Involving International-Level Athletes or International Events

In cases arising from participation in an or in cases involving International Event International-Level the decision may be appealed exclusively to Athletes, CAS.

(b) Appeals Involving Other or Other Athletes Persons

In cases where paragraph (a) is not applicable, the decision may be appealed to the NADAP. The appeal process shall be carried out in accordance with the International Standard for Results Management.

(i) Hearings before the NADAP

(A) The shall consist of an NADAP independent Chairperson and six (6) other independent members.

(B) Each member shall be appointed by taking into consideration their requisite anti-doping experience including their legal, sports, medical and, or scientific expertise. Each member shall be appointed for a once renewable term of three (3) years.

(C) The appointed members shall be and Operationally Institutionally Independent. Board members, staff members, commission members, consultants and officials of or its affiliates (such as a NADOMALTA as well as any Delegated Third Party), Person involved in the investigation, pre-adjudication or of the matter, cannot Results Management be appointed as members and, or clerks of the In particular, no member shall have NADAP. previously considered any application, TUE decision, first instance, or Results Management appeal involving the same in a given Athlete case.

(D) The shall be in a position NADAP to conduct the hearing and decision-making process without interference from or any third party. NADOMALTA

(E) If a member appointed by the Chairperson to hear a case is unwilling or unable, for whatever reason, to hear the case, the Chairperson may appoint a replacement or appoint a new hearing panel.

(F) The has the power, at its NADAP absolute discretion, to appoint an expert to assist or advise the panel.

(G) The International Federation, the concerned, the National Sports Organisation if not a party (or National Olympic Committee, parties) to the proceedings, and each WADA have the right to attend hearings of the NADAP as an observer.

(H) Hearings pursuant to this regulation should be completed as expeditiously as possible. Hearings held in connection with events may be conducted on an expedited basis.

(ii) Proceedings of the NADAP

(A) The proceedings of the NADAP shall respect the principles described in Articles 8, 9, and 10 of the International for Standard Results Management.

(B) The Chairperson shall appoint three (3) members (which may include the Chairperson) to hear the appeal. When hearing an appeal, one (1) panel member shall be a qualified lawyer, with no less than three (3) years of relevant legal experience, and one (1) panel member shall be a qualified medical practitioner, with no less than three (3) years of relevant medical experience.

(C) Upon appointment by the Chairperson as a member of an each NADAP, member must also sign a declaration that there are no facts or circumstances known to him which might call into question their impartiality in the eyes of any of the parties, other than those circumstances disclosed in the declaration.

(D) The appellant shall present his case and the respondent party or parties shall present his or their case(s) in reply.

(E) If any party or his representative fail to attend a hearing after notification, the hearing may nevertheless proceed.

(F) Each party shall have the right to be represented by counsel at a hearing at that party’s own expense.

(G) Each party shall have the right to an interpreter at the hearing at that party’s expense.

(H) Each party to the proceedings has the right to access and present relevant evidence, to submit written and oral submissions, and to call and examine witnesses.

(iii) Decisions of the NADAP

(A) At the end of the hearing, or promptly thereafter, the NADAP shall issue a written, dated and signed decision that respects the principles of Article 9 of the International Standard for Results Management.

(B) The decision shall notably include the full reasons for the decision and for any period of imposed, including Ineligibility (if applicable) a justification for why the maximum potential sanction was not imposed.

(C) shall notify the decision NADAP to the or other to his or her Athlete Person, and to National Federation, Anti-Doping with a right to appeal under Organisations paragraph (c) (appeal to and shall CAS), promptly report it into ADAMS.

(D) The decision may be appealed as provided in paragraph (c) and publicly disclosed as provided in Regulation 14(3).

(i) Appeals involving International-Level Athletes or International Events

In cases under sub-regulation (2)(a), the following parties shall have the right to appeal to CAS:

(A) the or other Athlete Person who is the subject of the decision being appealed;

(B) the other party to the case in which the decision was rendered;

(D) and (if NADOMALTA different) the National Anti-Doping of the country of Organisation Person’s residence or countries where the is a Person national or license holder;

(E) the International Olympic Committee or International Paralympic Committee, as applicable, where the decision may have an effect in relation to the Olympic Games or Paralympic Games, including decisions affecting eligibility for the Olympic Games or Paralympic Games; and

(F) WADA.

(ii) Appeals Involving Other or Athletes Other Persons

In cases under sub-regulation (2)(b), the following parties shall have the right to appeal:

(A) the or other Athlete Person who is the subject of the decision being appealed;

(B) the other party to the case in which the decision was rendered;

(D) NADOMALTA and (if different) the National Anti-Doping Organisation of the Person’s country of residence or countries where the Person is a national or license holder;

(F) WADA.

For cases under sub-regulation (2)(b), WADA, the International Olympic Committee, the International Paralympic Committee, and the relevant International Federation shall also have the right to appeal to CAS with respect to the decision of the NADAP.

Any party filing an appeal shall be entitled to assistance from to obtain all relevant CAS information from the whose Anti-Doping Organisation decision is being appealed and the information shall be provided if so directs. CAS

(iii) Duty to Notify

All parties to any CAS appeal must ensure that WADA and all other parties with a right to appeal have been given timely notice of the appeal.

(iv) Appeal from Imposition of Provisional Suspension

Notwithstanding any other provision herein, the only who may appeal from the Person imposition of a is the or Provisional Suspension Athlete other upon whom the is Person Provisional Suspension imposed.

(v) Appeal from Decisions under Regulation 12

Decisions by pursuant to NADOMALTA Regulation 12 may be appealed to by the NADAP or other body. National Sports Organisation

(d) Cross Appeals and other Subsequent Appeals Allowed

Cross appeals and other subsequent appeals by any respondent named in cases brought to CAS under the Code are specifically permitted. Any party with a right to appeal under this regulation must file a cross appeal or subsequent appeal at the latest with the party’s answer.

(3) Failure to Render a Timely Decision by NADDP

Where, in a particular case, fails to render a NADDP decision with respect to whether an anti-doping rule violation was committed within a reasonable deadline set by may WADA, WADA elect to appeal directly to as if had rendered a decision CAS NADDP finding no anti-doping rule violation. If the hearing panel CAS determines that an anti-doping rule violation was committed and that acted reasonably in electing to appeal directly to then WADA CAS, costs and attorney fees in prosecuting the appeal shall be WADA’s reimbursed to by the WADA NADDP.

(4 Appeals Relating to TUEs decisions may be appealed exclusively as provided TUE in Regulation 4(4).

(5) Notification of Appeal Decisions

The NADAP shall promptly provide the appeal decision to the Athlete or other Person and to the other Anti-Doping Organisations that would have been entitled to appeal under sub-regulation (2)(c) as provided under Regulation 14(2).

(6) Time for Filing Appeals

(a) Appeals to CAS

The time to file an appeal to CAS shall be twenty-one (21) days from the date of receipt of the decision by the appealing party. The above notwithstanding, the following shall apply in connection with appeals filed by a party entitled to appeal but which was not a party to the proceedings that led to the decision being appealed:

(i) within fifteen (15) days from the notice of the decision, such party/ies shall have the right to request a copy of the full case file pertaining to the decision from the that had Anti-Doping Organisation authority; Results Management

(ii) if such a request is made within the fifteen (15) day period, then the party making such request shall have twenty-one (21) days from receipt of the file to file an appeal to CAS.

Notwithstanding the above, the filing deadline for an appeal filed by WADA shall be the later of:

(i) twenty-one (21) days after the last day on which any other party having a right to appeal could have appealed, or

(ii) twenty-one (21) days after WADA’s receipt of the complete file relating to the decision.

(b) Appeals under sub-regulation (2)(b)

The time to file an appeal to shall be NADAP twenty (20) days from the date of receipt of the decision by the appealing party. Notwithstanding the above, the following shall apply in connection with appeals filed by a party entitled to appeal but which was not a party to the proceedings having led to the decision subject to appeal:

(i) within fifteen (15) days from notice of the decision, such party/ies shall have the right to request a copy of the full case file pertaining to the decision from the that had Anti-Doping Organisation authority; Results Management

(ii) if such a request is made within the fifteen (15) day period, then the party making such request shall have twenty (20) days from receipt of the file to file an appeal to NADAP.

Notwithstanding the above, the filing deadline for an appeal filed by shall be the later of: WADA

(i) twenty-one (21) days after the last day on which any other party having a right to appeal could have appealed, or

(ii) twenty-one (21) days after WADA’s receipt of the complete file relating to the decision.

REGULATION 14 CONFIDENTIALITY AND REPORTING

(1) Information Concerning Adverse Analytical Findings, and Other Asserted Anti-doping Rule Violations Atypical Findings,

(a) Notice of Anti-Doping Rule Violations to and other Athletes Persons

Notice to or other of anti-Athletes Persons doping rule violations asserted against them shall occur as provided under this Regulation and Regulation 7.

If at any point during Results Management up until the anti-doping rule violation charge, the ADC decides not to move forward with a matter, it must notify the Athlete or other Person (provided that the Athlete or other Person had been already informed of the ongoing Results Management).

(b) Notice of anti-doping rule violations to National and Anti-Doping Organisations, International Federations WADA

Notice of the assertion of an anti-doping rule violation to the or other Athlete’s Person’s National Anti-if different from the ADC, International Doping Organisation, Federation and shall occur as provided under this WADA Regulation and Regulation 7, simultaneously with the notice to the or other Athlete Person.

If at any point during Results Management up until the anti-doping rule violation charge, the ADC decides not to move forward with a matter, it must give notice (with reasons) to the Anti-Doping Organisations with a right of appeal under Regulation 13(2)(c).

Notification of an anti-doping rule violation shall include: the or other name, country, Athlete’s Person’s sport and discipline within the sport, the competitive Athlete’s level, whether the test was or In-Competition Out-of-the date of collection, the analytical Competition, Sample result reported by the laboratory and other information as required by the for International Standard Results Management.

Notification of anti-doping rule violations other than under Regulation 2(1) shall also include the rule violated and the basis of the asserted violation.

(d) Status Reports

Except with respect to investigations which have not resulted in a notice of an anti-doping rule violation pursuant to paragraph (a), the or other Athlete’s Person’s National Anti-if different from the ADC, International Doping Organisation, Federation and shall be regularly updated on the status WADA and findings of any review or proceedings conducted pursuant to Regulations 7, 8 or 13 and shall be provided with a prompt written reasoned explanation or decision explaining the resolution of the matter.

(e) Confidentiality

The recipient organisations shall not disclose this information beyond those persons with a need to know (which would include the appropriate personnel at the applicable National Olympic Committee, National Sports and team in a Team Sport) until the ADC has Organisation, made as permitted by sub-regulation (3). Public Disclosure

(f) Protection of Confidential Information by an Employee or Agent of NADOMALTA

The ADC shall ensure that information concerning Adverse Analytical Findings, Atypical Findings, and other asserted anti-doping rule violations remains confidential until such information is Publicly Disclosed in accordance with sub-regulation (3). The ADC shall ensure that its employees (whether permanent or otherwise), contractors, agents, consultants, and Delegated Third Parties are subject to a fully enforceable contractual duty of confidentiality and to fully enforceable procedures for the investigation and disciplining of improper and, or unauthorized disclosure of such confidential information.

(2) Notice of Anti-Doping Rule Violation or Violations of or Decisions and Request for Ineligibility Provisional Suspension Files

(a) Anti-doping rule violation decisions or decisions related to violations of or Ineligibility Provisional Suspension rendered pursuant to Regulations 7(6), 8(2), 10(5), (6), and (7), 10(14)(c) or 13(5) shall include the full reasons for the decision, including, if applicable, a justification for why the maximum potential sanction was not imposed. Where the decision is not in English or French, ADC shall provide an English or French summary of the decision and the supporting reasons.

(b) An Anti-Doping Organisation having a right to appeal a decision received pursuant to paragraph (a) may, within fifteen (15) days of receipt, request a copy of the full case file pertaining to the decision.

(3) Public Disclosure

(a) After notice has been provided to the or Athlete other in accordance with the for Person International Standard and to the applicable Results Management, Anti-Doping in accordance with sub-regulation (1)(b), the Organisations identity of any or other who is notified of a Athlete Person potential anti-doping rule violation, the Prohibited Substance or and the nature of the violation involved, Prohibited Method and whether the or other is subject to a Athlete Person may be by the Provisional Suspension Publicly Disclosed ADC.

(b) No later than twenty (20) days after it has been determined in an appellate decision under sub-regulation (2)(a) or (2)(b), or such appeal has been waived, or a hearing in accordance with Regulation 8 has been waived, or the assertion of an anti-doping rule violation has not otherwise been timely challenged, or the matter has been resolved under Regulation 10(8), or a new period of or Ineligibility, reprimand, has been imposed under Regulation 10(14)(c), the ADC must the disposition of the anti-doping Publicly Disclose matter including the sport, the anti-doping rule violated, the name of the or other committing the violation, Athlete Person the or involved (if Prohibited Substance Prohibited Method any) and the imposed. The ADC must also Consequences within twenty (20) days the results of Publicly Disclose appellate decisions concerning anti-doping rule violations, including the information described above.

(c) After an anti-doping rule violation has been determined to have been committed in an appellate decision under Regulation 13(2)(a) or (b) or such appeal has been waived, or in a hearing in accordance with Regulation 8 or where such hearing has been waived, or the assertion of an anti-doping rule violation has not otherwise been timely challenged, or the matter has been resolved under Regulation 10(8), the ADC may make public such determination or decision and may comment publicly on the matter.

(d) In any case where it is determined, after a hearing or appeal, that the or other did not Athlete Person commit an anti-doping rule violation, the fact that the decision has been appealed may be However, the Publicly Disclosed. decision itself and the underlying facts may not be Publicly except with the consent of the or other Disclosed Athlete who is the subject of the decision. The ADC shall use Person reasonable efforts to obtain such consent, and if consent is obtained, shall the decision in its entirety or Publicly Disclose in such redacted form as the or other may Athlete Person approve.

(e) Publication shall be accomplished at a minimum by placing the required information on NADOMALTA’s website and leaving the information up for the longer of one

(1) month or the duration of any period of Ineligibility.

(f) Except as provided in paragraphs (a) and (c), no Anti-Doping Organisation, National Sports Organisation or WADA-accredited laboratory, or any official of any such body, shall publicly comment on the specific facts of any pending case (as opposed to general description of process and science) except in response to public comments attributed to, or based on information provided by, the Athlete, other Person or their entourage or other representatives.

(g) The mandatory required in Public Disclosure paragraph (b) shall not be required where the or other Athlete who has been found to have committed an anti-doping Person rule violation is a or Minor, Protected Person Recreational Any optional in a case involving a Athlete. Public Disclosure or shall be Minor, Protected Person Recreational Athlete proportionate to the facts and circumstances of the case.

(4) Statistical Reporting

The ADC shall, at least annually, publish publicly a general statistical report of its Doping Control activities, with a copy provided to WADA. The ADC may also publish reports showing the name of each Athlete tested and the date of each Testing.

(5) Information Database and Monitoring Doping Control of Compliance

To enable to perform its compliance monitoring WADA role and to ensure the effective use of resources and sharing of applicable information among Doping Control Anti-Doping the ADC shall report to through Organisations, WADA ADAMS information, including, in particular: Doping Control-related

(a) Athlete Biological Passport Data for International-Level Athletes and National-Level Athletes;

(b) information for including Whereabouts Athletes those in Registered Testing Pools;

(d) Results Management decisions, as required under the applicable International Standard(s).

(5)(1) To facilitate coordinated test distribution planning, avoid unnecessary duplication in by various Testing Anti-Doping and to ensure that profiles Organisations, Athlete Biological Passport are updated, the ADC shall report all and In-Competition Out-of-tests to by entering the forms Competition WADA Doping Control into in accordance with the requirements and time-lines ADAMS contained in the for and International Standard Testing Investigations.

(5)(2) To facilitate oversight and appeal rights for WADA’s the ADC shall report all applications, decisions and TUEs, TUE supporting documentation using in accordance with the ADAMS requirements and time-lines contained in the International Standard for Therapeutic Use Exemptions.

(5)(3) To facilitate WADA’s oversight and appeal rights for Results Management, the ADC shall report the following information into ADAMS in accordance with the requirements and time-lines outlined in the International Standard for Results Management:

(a) notifications of anti-doping rule violations and related decisions for Adverse Analytical Findings;

(b) notifications and related decisions for other anti-doping rule violations that are not Adverse Analytical Findings;

(d) any decision imposing, lifting or reinstating a Provisional Suspension.

(5)(4) The information described in this regulation will be made accessible, where appropriate and in accordance with the applicable rules, to the the Athlete, Athlete’s National Anti-Doping and International Federation, and any other Organisation Anti-with authority over the Doping Organisations Testing Athlete.

(6) Data Privacy

(a) may collect, store, process or NADOMALTA disclose personal information relating to and other Athletes where necessary and appropriate to conduct its anti-Persons doping activities under the the Code, International Standards (including specifically the for the International Standard Protection of Privacy and Personal Information), these Anti-Doping Regulations, and in compliance with applicable law.

(b) Without limiting the foregoing, NADOMALTA shall:

(i) only process personal information in accordance with a valid legal ground;

(ii) notify any or subject Participant Person to these Anti-Doping Regulations, in a manner and form that complies with applicable laws and the International for the Protection of Privacy and Personal Standard Information, that their personal information may be processed by and other for the NADOMALTA Persons purpose of the implementation of these Anti-Doping Regulations;

(iii) ensure that any third-party agents (including any Delegated Third Party) with whom NADOMALTA shares the personal information of any Participant or Person is subject to appropriate technical and contractual controls to protect the confidentiality and privacy of such information.

REGULATION 15 IMPLEMENTATION OF DECISIONS

(1) Automatic Binding Effect of Decisions by Signatory Anti-Doping Organisations

(a) A decision of an anti-doping rule violation made by a Signatory Anti-Doping Organisation, an appellate body (Regulation 13(2)(b)) or CAS shall, after the parties to the proceeding are notified, automatically be binding beyond the parties to the proceeding upon NADOMALTA and any National Sports Organisation in Malta, as well as every Signatory in every sport with the effects described below:

(i) a decision by any of the above-described bodies imposing a (after a Provisional Suspension has occurred or the or other Provisional Hearing Athlete has either accepted the Person Provisional Suspension or has waived the right to a Provisional Hearing, expedited hearing or expedited appeal offered in accordance with Regulation 7(4)(c) automatically prohibits the or other from participation Athlete Person (as described in Regulation 10(14)(a)) in all sports within the authority of any during the Signatory Provisional Suspension.

(ii) a decision by any of the above-described bodies imposing a period of (after a hearing Ineligibility has occurred or been waived) automatically prohibits the or other from participation (as described Athlete Person in Regulation 10(14)(a)) in all sports within the authority of any for the period of Signatory Ineligibility.

(iii) a decision by any of the above-described bodies accepting an anti-doping rule violation automatically binds all Signatories.

(iv) a decision by any of the above-described bodies to results under Regulation 10(10) for Disqualify a specified period automatically all results Disqualifies obtained within the authority of any during Signatory the specified period.

(b) The ADC and any National Sports Organisation in Malta shall recognize and implement a decision and its effects as required by paragraph (a), without any further action required, on the earlier of the date the ADC receives actual notice of the decision or the date the decision is placed into ADAMS.

(c) A decision by an Anti-Doping Organisation, an appellate body or CAS to suspend, or lift, Consequences shall be binding upon the ADC, and any National Sports Organisation in Malta, without any further action required, on the earlier of the date the ADC receives actual notice of the decision or the date the decision is placed into ADAMS.

(d) Notwithstanding any provision in paragraph (a), however, a decision of an anti-doping rule violation by a made in an expedited process Major Event Organisation during an shall not be binding on the ADC or Event National in Malta unless the rules of the Sports Organisation Major provide the or other with Event Organisation Athlete Person an opportunity to an appeal under non-expedited procedures.

(2) Implementation of Other Decisions by Anti-Doping Organisations

NADOMALTA and any National Sports Organisation in Malta may decide to implement other anti-doping decisions rendered by Anti-Doping Organisations not described in sub-regulation (1)(a) above, such as a Provisional Suspension prior to a Provisional Hearing or acceptance by the Athlete or other Person.

(3) Implementation of Decisions by Body that is not a Signatory

An anti-doping decision by a body that is not a to the shall be implemented by and Signatory Code NADOMALTA any in Malta, if finds National Sports Organisation NADOMALTA that the decision purports to be within the authority of that body and the anti-doping rules and regulations of that body are otherwise consistent with the Code.

REGULATION 16 PRESCRIPTION

No anti-doping rule violation proceeding may be commenced against an or other unless he has been notified of the Athlete Person anti-doping rule violation as provided in Regulation 7, or notification has been reasonably attempted, within ten (10) years from the date the violation is asserted to have occurred.

REGULATION 17 EDUCATION

shall plan, implement, evaluate and promote NADOMALTA in line with the requirements of Article 18.2 of the Education Code and the for International Standard Education.

REGULATION 18 ADDITIONAL ROLES AND RESPONSIBILITIES OF NATIONAL SPORTS ORGANISATION

(1) All National Sports Organisations of Malta and their members shall comply with the Code, International Standards, and these Anti-Doping Regulations. All National Sports Organisations of Malta and other members shall include in their policies, rules and programs the provisions necessary to recognise the authority and responsibility of NADOMALTA for implementing Malta’s National Anti-Doping Program and enforcing these Anti-Doping Regulations (including carrying out Testing) directly in respect of Athletes and other Persons under their anti-doping authority.

(2) Each of Malta shall accept National Sports Organisation and abide by the spirit and terms of Malta’s National Anti-Doping Program and these Anti-Doping Regulations as a condition of receiving financial and, or other assistance from the Government of Malta and, or the of Malta. National Olympic Committee

(3) Each of Malta shall National Sports Organisation incorporate these Anti-Doping Regulations either directly or by reference into its governing documents, constitution and, or rules as part of the rules of sport that bind their members so that the National may enforce them itself directly in respect of Sports Organisation and other under its anti-doping authority. Athletes Persons

(4) By adopting these Anti-Doping Regulations, and incorporating them into their governing documents and rules of sport, National Sports Organisations shall cooperate with and support NADOMALTA in that function. They shall also recognize, abide by and implement the decisions made pursuant to these Anti-Doping Regulations, including the decisions imposing sanctions on Persons under their authority.

(5) All of Malta shall take National Sports Organisations appropriate action to enforce compliance with the International Code, Standards, and these Anti-Doping Regulations by inter alia:

(a) conducting only under the documented testing authority of their International Federation and using the ADC or other collection authority to collect in Sample Samples compliance with the for and International Standard Testing Investigations;

(b) recognising the authority of the ADC in accordance with Regulation 5(2)(a) and assisting as appropriate with the ADC’s implementation of the national program for their sport; Testing

(c) analysing all Samples collected using a WADA-accredited or WADA-approved laboratory in accordance with Regulation 6(1); and

(d) ensuring that any national level anti-doping rule violation cases discovered by National Sports Organisations are adjudicated by the in accordance with Regulation NADDP 8(1) and the for International Standard Results Management.

(6) All shall establish rules National Sports Organisations requiring all preparing for or participating in a Athletes Competition or activity authorized or organized by a National Sports Organisation or one of its member organisations, and all Athlete Support Personnel associated with such to agree to be bound by these Anti-Athletes Doping Regulations and to submit to the Results Management authority of the in conformity with the Anti-Doping Organisation as a condition of such participation. Code

(7) All National Sports Organisations shall report any information suggesting or relating to an anti-doping rule violation to NADOMALTA and to their International Federation and shall cooperate with investigations conducted by any Anti-Doping Organisation with authority to conduct the investigation.

(8) All shall have National Sports Organisations disciplinary rules in place to prevent who Athlete Support Personnel are using or without valid Prohibited Substances Prohibited Methods justification from providing support to under the authority of Athletes or the NADOMALTA National Sports Organisation.

(9) All shall conduct anti-National Sports Organisations doping in coordination with Education NADOMALTA.

REGULATION 19 ADDITIONAL ROLES AND RESPONSIBILITIES OF NADOMALTA

(1) In addition to the roles and responsibilities described in Regulation 20(5) for National Anti-doping Organisations, shall report to on compliance NADOMALTA WADA NADOMALTA’s with the and in accordance with Article Code International Standards 24.1.2 of the Code.

(2) Subject to applicable law, and in accordance with Article 20.5.10 of the all board members, directors, Code, NADOMALTA’s officers, and employees (and those of appointed Delegated Third who are involved in any aspect of must Parties), Doping Control, sign a form provided by agreeing to be bound by NADOMALTA, these Anti-Doping Regulations as in conformity with the Persons for direct and intentional misconduct. Code

(3) Subject to applicable law, and in accordance with Article 20.5.11 of the Code, any NADOMALTA employee who is involved in Doping Control (other than authorised anti-doping Education or rehabilitation programs) must sign a statement provided by NADOMALTA confirming that they are not Provisionally Suspended or serving a period of Ineligibility and have not been directly or intentionally engaged in conduct within the previous six (6) years which would have constituted a violation of anti-doping rules if Code-compliant rules had been applicable to them.

REGULATION 20 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETES

(1) To be knowledgeable of and comply with these Anti-Doping Regulations.

(2) To be available for Sample collection at all times.

(3) To take responsibility, in the context of anti-doping, for what they ingest and use.

(4) To inform medical personnel of their obligation not to and and to take Use Prohibited Substances Prohibited Methods responsibility to make sure that any medical treatment received does not violate these Anti-Doping Regulations.

(5) To disclose to NADOMALTA and their International Federation any decision by a non-Signatory finding that the Athlete committed an anti-doping rule violation within the previous ten (10) years.

(6) To cooperate with Anti-Doping Organisations investigating anti-doping rule violations.

Failure by any to cooperate in full with Athlete Anti-investigating anti-doping rule violations may Doping Organisations result in a charge of misconduct under disciplinary NADOMALTA’s rules/code of conduct.

(7) To disclose the identity of their Athlete Support Personnel upon request by NADOMALTA or a National Sports Organisation, or any other Anti-Doping Organisation with authority over the Athlete.

(8) Offensive conduct towards a official or Doping Control other involved in by an which does Person Doping Control Athlete, not otherwise constitute may result in a charge of Tampering, misconduct under disciplinary rules/code of conduct. NADOMALTA’s

REGULATION 21 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETE SUPPORT PERSONNEL

(1) To be knowledgeable of and comply with these Anti-Doping Regulations.

(2) To cooperate with the program. Athlete Testing

(3) To use their influence on values and behaviour to Athlete foster anti-doping attitudes.

(4) To disclose to NADOMALTA and their International Federation any decision by a non-Signatory finding that they committed an anti-doping rule violation within the previous ten (10) years.

(5) To cooperate with Anti-Doping Organisations investigating anti-doping rule violations.

Failure by any to cooperate in Athlete Support Personnel full with investigating anti-doping rule Anti-Doping Organisations violations may result in a charge of misconduct under disciplinary rules/code of conduct. NADOMALTA’s

(6) Athlete Support Personnel shall not use or possess any Prohibited Substance or Prohibited Method without valid justification.

Any such or may result in a charge of Use Possession misconduct under disciplinary rules/code of conduct. NADOMALTA’s

(7) Offensive conduct towards a official or Doping Control other involved in by Person Doping Control Athlete Support which does not otherwise constitute may Personnel, Tampering, result in a charge of misconduct under disciplinary NADOMALTA’s rules/code of conduct. REGULATION 22 ADDITIONAL ROLES AND RESPONSIBILITIES OF OTHER SUBJECT TO PERSONS THESE ANTI-DOPING REGULATIONS

(1) To be knowledgeable of and comply with these Anti-Doping Regulations.

(2) To disclose to and their International NADOMALTA Federation any decision by a non-Signatory finding that they committed an anti-doping rule violation within the previous ten (10) years.

(3) To cooperate with Anti-Doping Organisations investigating anti-doping rule violations.

Failure by any other Person subject to these Anti-Doping Regulations to cooperate in full with Anti-Doping Organisations investigating anti-doping rule violations may result in a charge of misconduct under NADOMALTA’s disciplinary rules/code of conduct.

(4) Not to or any or Use Possess Prohibited Substance without valid justification. Prohibited Method

(5) Offensive conduct towards a official or Doping Control other involved in by a which does Person Doping Control Person, not otherwise constitute may result in a charge of Tampering, misconduct under disciplinary rules/code of conduct. NADOMALTA’s

REGULATION 23 FINAL PROVISIONS

(1) Where the term "days" is used in these Anti-Doping Regulations, it shall mean calendar days unless otherwise specified.

(2) These Anti-Doping Regulations shall be interpreted as an independent and autonomous text and not by reference to existing law or statutes.

(3) These Anti-Doping Regulations have been adopted pursuant to the applicable provisions of the Code and the International Standards and shall be interpreted in a manner that is consistent with applicable provisions of the Code and the International Standards. The Code and the International Standards shall be considered integral parts of these Anti-Doping Regulations and shall prevail in case of conflict.

(4) The definitions are to be considered integral parts of these Anti-Doping Regulations.

(5) The comments annotating various provisions of the are incorporated by reference into these Anti-Doping Code Regulations, shall be treated as if set out fully herein, and shall be used to interpret these Anti-Doping Regulations.

(6) These Anti-Doping Regulations shall not apply retroactively to matters pending before the However: Effective Date.

(a) anti-doping rule violations taking place prior to the Effective Date count as "first violations" or "second violations" for purposes of determining sanctions under Regulation 10 for violations taking place after the Effective Date;

(b) any anti-doping rule violation case which is pending as of the and any anti-doping rule Effective Date violation case brought after the based on an Effective Date anti-doping rule violation which occurred prior to the Effective shall be governed by the substantive anti-doping Date, regulations in effect at the time the alleged anti-doping rule violation occurred, and not by the substantive anti-doping regulations set out in these Anti-Doping Regulations, unless the panel hearing the case determines the principle of "lex appropriately applies under the circumstances of the mitior" case. For these purposes, the retrospective periods in which prior violations can be considered for purposes of multiple violations under Regulation 10(9)(d) and the prescription period set forth in Regulation 16 are procedural rules, not substantive rules, and should be applied retroactively along with all of the other procedural rules in these Anti-Doping Regulations (provided, however, that Regulation 16 shall only be applied retroactively if the period of prescription has not already expired by the Effective Date);

(c) any Regulation 2.4 whereabouts failure (whether a filing failure or a missed test, as those terms are defined in the for prior to International Standard Results Management) the shall be carried forward and may be relied Effective Date upon, prior to expiry, in accordance with the International for but it shall be deemed to Standard Results Management, have expired twelve (12) months after it occurred;

(d) with respect to cases where a final decision finding an anti-doping rule violation has been rendered prior to the Effective Date, but the Athlete or other Person is still serving the period of Ineligibility as of the Effective Date, the Athlete or other Person may apply to NADOMALTA or other Anti-Doping Organisation which had Results Management responsibility for the anti-doping rule violation to consider a reduction in the period of Ineligibility in light of these Anti-Doping Regulations. Such application must be made before the period of Ineligibility has expired. The decision rendered may be appealed pursuant to Regulation 13(2). These Anti-Doping Regulations shall have no application to any case where a final decision finding an anti-doping rule violation has been rendered and the period of has expired. Ineligibility

(e) for purposes of assessing the period of Ineligibility for a second violation under Regulation 10(9)(a), where the sanction for the first violation was determined based on rules in force prior to the Effective Date, the period of Ineligibility which would have been assessed for that first violation had these Anti-Doping Regulations been applicable, shall be applied.

(7) Changes to the and Prohibited List Technical Documents relating to substances or methods on the shall not, Prohibited List unless they specifically provide otherwise, be applied retroactively. As an exception, however, when a or a Prohibited Substance has been removed from the an Prohibited Method Prohibited List, or other currently serving a period of on Athlete Person Ineligibility account of the formerly or Prohibited Substance Prohibited Method may apply to or other NADOMALTA Anti-Doping Organisation which had responsibility for the anti-doping Results Management rule violation to consider a reduction in the period of in Ineligibility light of the removal of the substance or method from the Prohibited List.

REGULATION 24 INTERPRETATION OF THE CODE

Verweist auf

S.L. 455.13 Art. 18.2
S.L. 455.13 Art. 19
S.L. 455.13 Art. 20.5.10
S.L. 455.13 Art. 20.5.11
S.L. 455.13 Art. 27.3
S.L. 455.13 Art. 4.7
S.L. 455.13 Art. 7
S.L. 455.13 Art. 7.1.4
S.L. 455.13 Art. 8
S.L. 455.13 Art. 9

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S.L. 455.13 Art. 2