FIM ANTI-DOPING CODE 2020 CODE ANTIDOPAGE FIM Anti-Doping Code
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FIM ANTI-DOPING CODE 2020 CODE ANTIDOPAGE FIM Anti-Doping Code FÉDÉRATION INTERNATIONALE DE MOTOCYCLISME FIM Anti-Doping Rules are based on Wada’s Models of Best Practice for International Federations and the World Anti-Doping Code. Date of enforcement: 01 January 2020 EDITION 2020 update 27 December 2019 CONTENTS Introduction ...................................................................... 3-5 Articles ...................................................................... 6-96 Appendix ...................................................................... 97-135 Articles amended as from 1.1.2020 are in bold type Anti-Doping Code Anti-Doping Code FIM ANTI-DOPING RULES ........................................................... 3 INTRODUCTION ...................................................................... 3 PREFACE ...................................................................... 3 FUNDAMENTAL RATIONALE FOR THE CODE AND FIM’S ANTI-DOPING RULES .......... 3 HISTORICAL COMMITMENT TO ANTI-DOPING ...................................... 4 SCOPE OF THESE ANTI-DOPING RULES ........................................... 4 ARTICLE 1 DEFINITION OF DOPING .......................................... 6 ARTICLE 2 ANTI-DOPING RULE VIOLATIONS ................................ 6 ARTICLE 3 PROOF OF DOPING ................................................ 13 ARTICLE 4 THE PROHIBITED LIST ............................................ 15 ARTICLE 5 TESTING AND INVESTIGATIONS ................................. 22 ARTICLE 6 ANALYSIS OF SAMPLES ........................................... 40 ARTICLE 7 RESULTS MANAGEMENT .......................................... 42 ARTICLE 8 RIGHT TO A FAIR HEARING ...................................... 53 ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS .. 55 ARTICLE 10 SANCTIONS ON INDIVIDUALS .................................... 56 ARTICLE 11 CONSEQUENCES TO TEAMS ...................................... 73 ARTICLE 12 SANCTIONS AND COSTS ASSESSED AGAINST SPORTING BODIES ................................................. 74 ARTICLE 13 APPEALS ............................................................ 76 ARTICLE 14 CONFIDENTIALITY AND REPORTING ............................ 82 1 update 27 December 2019 Anti-Doping Code ARTICLE 15 APPLICATION AND RECOGNITION OF DECISIONS ............. 87 ARTICLE 16 INCORPORATION OF FIM ANTI-DOPING RULES AND OBLIGATIONS OF CONUs & FMNs ......................... 88 ARTICLE 17 STATUTE OF LIMITATIONS ........................................ 90 ARTICLE 18 FIM COMPLIANCE REPORTS TO WADA.......................... 90 ARTICLE 19 EDUCATION ......................................................... 90 ARTICLE 20 AMENDMENT AND INTERPRETATION OF ANTI-DOPING RULES .......................................... 90 ARTICLE 21 INTERPRETATION OF THE CODE ................................ 93 ARTICLE 22 ADDITIONAL ROLES AND RESPONSIBILITIES OF RIDERS AND OTHER PERSONS ............................................. 94 APPENDIX 1 DEFINITIONS ........................................................ 97 APPENDIX 2 EXAMPLES OF THE APPLICATION OF ARTICLE 10............ 109 APPENDIX 3 RIDER CONSENT FORM ............................................ 118 THE 2020 PROHIBITED LIST ........................................................ 121 PROHIBITED METHODS .............................................................. 130 SUBSTANCES AND METHODS PROHIBITED IN-COMPETITION.................. 132 SUBSTANCES PROHIBITED IN PARTICULAR SPORTS ............................ 135 2 update 27 December 2019 Anti-Doping Code FIM ANTI-DOPING RULES INTRODUCTION Preface FIM accepted the revised FIM Anti-Doping Rules based on the 2015 World Anti-Doping Code. These Anti-Doping Rules are adopted and implemented in conformance with the FIM’s responsibilities under the Code, and are in furtherance of the FIM’s continuing efforts to eradicate doping in the sport of Motorcycling. Anti-Doping Rules, like Competition rules, are sport rules governing the conditions under which sport is played. Riders and other Persons accept these rules as a condition of participation and shall be bound by them. These sport-specific rules and procedures, aimed at enforcing anti-doping principles in a global and harmonized manner, are distinct in nature and, therefore, not intended to be subject to or limited by any national requirements and legal standards applicable to criminal proceedings or employment matters. When reviewing the facts and the law of a given case, all courts, arbitral tribunals and other adjudicating bodies should be aware of and respect the distinct nature of the anti-doping rules in the Code and the fact that these rules represent the consensus of a broad spectrum of stakeholders around the world with an interest in fair sport. Fundamental Rationale for the Code and FIM’s Anti-Doping Rules Anti-doping programs seek to preserve what is intrinsically valuable about sport. This intrinsic value is often referred to as “the spirit of sport”. It is the essence of Olympism, the pursuit of human excellence through the dedicated perfection of each person’s natural talents. It is how we play true. The spirit of sport is the celebration of the human spirit, body and mind, and is reflected in values we find in and through sport, including: • Ethics, fair play and honesty • Health • Excellence in performance • Character and education • Fun and joy • Teamwork 3 update 27 December 2019 Anti-Doping Code • Dedication and commitment • Respect for rules and laws • Respect for self and other Participants • Courage • Community and solidarity Doping is fundamentally contrary to the spirit of sport. Historical Commitment to Anti-Doping At the FIM Congress held on 25/10/08 in Durban, South Africa (RSA), the FIM accepted the revised (2009) World Anti-Doping Code (the “Code”). Scope of these Anti-Doping Rules These Anti-Doping Rules shall apply to FIM, each Continental Union (CONU) and to each of its FMNs (FMN). They also apply to the following Riders, Rider Support Personnel and other Persons, each of whom is deemed, as a condition of his/her membership, accreditation and/or participation in the sport, to have agreed to be bound by these Anti-Doping Rules, and to have submitted to the authority of FIM to enforce these Anti-Doping Rules and to the jurisdiction of the hearing panels specified in Article 8 and Article 13 to hear and determine cases and appeals brought under these Anti-Doping Rules: a. all Riders and Rider Support Personnel who are members of FIM, or of any FMN, or of any member or affiliate organization of any FMN (including any clubs, teams, associations or leagues); b. all Riders and Rider Support Personnel participating in such capacity in Events, Competitions and other activities organized, convened, authorized or recognized by FIM, or any FMN, or any member or affiliate organization of any FMN (including any clubs, teams, associations or leagues), wherever held; 4 update 27 December 2019 Anti-Doping Code c. any other Rider or Rider Support Personnel or other Person who, by virtue of an accreditation, a licence or other contractual arrangement, or otherwise, is subject to the jurisdiction of FIM, or of any FMN, or of any member or affiliate organization of any FMN (including any clubs, teams, associations or leagues), for purposes of anti-doping; To be eligible for participation in International Events (World Championship or Cup/Prize Event), a competitor must have an FIM licence issued by his or her FMN. The FIM licence will only be issued to competitors who have personally signed the Appendix 3 consent form, in the actual form approved by the FIM Board of Directors. All forms from Minors must be counter-signed by their legal guardians. d. Riders who are not regular members of FIM or of one of its FMNs but who want to be eligible to compete in a particular International Event. FIM may include such Riders in its Registered Testing Pool so that they are required to provide information about their whereabouts for purposes of Testing under these Anti-Doping Rules for at least one month prior to the International Event in question. Within the overall pool of Riders set out above who are bound by and required to comply with these Anti-Doping Rules, the following Riders shall be considered to be International-Level Riders for purposes of these Anti- Doping Rules, and therefore the specific provisions in these Anti-Doping Rules applicable to International-Level Riders (as regards Testing but also as regards TUEs, whereabouts information, results management, and appeals) shall apply to such Riders: a. Riders who participate in selected FIM International Events (FIM World Championship or FIM Cup/Prize Event) published by FIM in its website at the following link at the following link: [http://www.fim-live.com/]; b. Riders who are part of the FIM Registered Testing Pool and Testing Pool. 5 update 27 December 2019 Anti-Doping Code ARTICLE 1 DEFINITION OF DOPING Doping is defined as the occurrence of one or more of the anti-doping rule violations set forth in Article 2.1 through Article 2.10 of these Anti-Doping Rules. ARTICLE 2 ANTI-DOPING RULE VIOLATIONS The purpose of Article 2 is to specify the circumstances and conduct which constitute anti-doping rule violations. Hearings in doping cases will proceed based on the assertion that one or more of these specific rules have been violated. Riders or other Persons shall be responsible for knowing what constitutes an anti-doping rule violation and the substances and methods which have been included