World Anti-Doping Code Process and Content Copenhagen 13

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

1. Process of developing the Code and International Standards

Objective • Establish buy-in and ownership to the Code from stakeholders • All stakeholders commit to accept, adopt and implement the Code • The Code is put into effect for the 2004 Olympic Games in Athens

Phases Development of the structure and content Sept 2001 – February 2003 II. Approval and acceptance March 2003 – April 2004 III. Implementation January 2004 - I. (World Anti-Doping Program, Code , Standards)

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

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

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

2. Content of the Code – version 2. 0

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

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

Table of Contents • Introduction – Purpose, Scope and Organization – Fundamental Rationale for the Code – General Description of Doping • Part One: Doping Control (Article 1. 1 to 1. 13) • Part Two: Education and Research (Article 2 and 3) • Part Three: Roles and Responsibilities of the Code (Article 4, 5 and 6) • Part Four: Acceptance, Compliance and Modification (Article 7)

General Description of Doping (Introduction): • The "definition of doping" has served two purposes: 1. Provide a short, general description assisting athletes and the public in understanding the issue. 2. Provide a legal basis for differentiating between permitted conduct and prohibited conduct. • Unfortunately, any definition which is short and broad enough to satisfy the first objective is not sufficiently detailed to satisfy the second objective. • In the Code, the specific conduct which constitutes antidoping rule violations is set forth in Article 1. 2. 1 which will be the legal basis for all cases. • The General Description of Doping does not have legal significance; it simply provides a shorter description of the issue suitable for general educational purposes.

Other Major Changes • Prohibited List of Doping Substances (Articles 1. 4. 2. 1 and 1. 4. 2. 2). Article 1. 4. 2. 1 sets forth the criteria which WADA will use in assessing whether a substance will be included on the Prohibited List as a doping substance. Article 1. 4. 2. 2 makes clear that once a substance has been included on the list, that decision is final and cannot be challenged in a subsequent case on the basis that the substance does not meet the criteria.

Other Major Changes Therapeutic Use (Article 1. 4. 2. 3): • The term "Therapeutic Use" has been used in place of the previous term "medical exemption. " • There was strong opinion that WADA should establish specific standards for exemption. This has been added. • Because WADA will establish more specific Level 2 Standards for Therapeutic Use exemptions, the criteria previously found in this Article were deleted. • Specific responsibility for granting Therapeutic Use exemptions has been vested in the International Federations.

Other Major Changes Health and Safety Substances (Article 1. 4. 3): • This Article and other corresponding Articles in 1. 4 have been revised to make testing for and reporting health and safety substances mandatory at in-competition tests. • The consequences of positive tests are left to individual stakeholders. International Federations and public authorities expressed opinions on both sides of this issue. Opinions expressed ranged from calls for mandatory testing, reporting and uniform sanctions to the view that the Code should make no reference at all to non-doping substances. • The change in the current draft of the Code to a single prohibited list with a Doping Control Category and a Health and Safety Category represents a balance on this issue in favor of more harmonization.

Other Major Changes • No Statute of Limitations (Article 8. 1. 2 in the first draft). There was widespread opposition to the previous Article which provided that there would be no statute of limitations in doping cases. This Article was deleted.

Other Major Changes Disqualification of Results (Article 1. 9. 1 and 1. 9. 2. 1): • Article 1. 9. 1 addresses automatic disqualification of results from a single competition (e. g. , the 100 -meter sprint) where there is an anti-doping rule violation. • Article 1. 9. 2. 1 addresses the potential sanction of disqualification of results from all competitions in a single event (e. g. , the Olympic Games). • These Articles have been reorganized to appear sequentially and the Comments explaining the distinction between the two Articles have been expanded. • In addition, the Article dealing with the potential disqualification of a team when any of its members test positive has been moved to follow the two Articles addressing disqualification of individual results.

Other Major Changes • Exceptional Circumstances (Article 1. 9. 2. 3. 2). This Article has been expanded to specify that an athlete's age and competitive experience should be considered in assessing whether the athlete has demonstrated lack of fault or negligence. • Disqualification of Results in Competitions Subsequent to Sample Collection (Article 1. 9. 2. 5). The concept remains the same; however, the text has been clarified. • Commencement of Ineligibility Period (Article 1. 9. 2. 6). The concept remains the same; however, the text has been clarified.

Other Major Changes • Athlete Whereabouts Information (Article 1. 11. 4): • This Article has been revised to clarify that athletes are responsible for providing whereabouts information and that the applicable National Anti-Doping Organization is responsible for collecting the information and submitting it to WADA. • In its clearinghouse role, WADA will make the information accessible to International Federations and other Anti. Doping Organizations.

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

Other Major Changes • Acceptance of the Code (Article 7). This Article has been reorganized to better describe the acceptance process by Signatories, Participants and governments. The Code makes it clear that membership, accreditation and participation in sport organizations are sufficient for athletes and their support personnel to be bound by the Code. • Compliance (Article 7. 4 & 7. 5). These Articles have been modified to clarify WADA's role as the organization that evaluates compliance and makes reports on noncompliance and the role of the IOC, International Federations and Major Event Organizations as the organizations that decide whether or not to impose event hosting or eligibility consequences with respect to their events on non-compliant organizations.

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