WADA, the World’s Anti-Doping Agency, published the latest draft versions for both the 2021 Code and International Standards on July 17th. The documents published consist of three different parts: the third draft of the 2021 World Anti-Doping Code, the second drafts of the International Standards (where applicable), and the revised Anti-Doping Charter of Athlete Rights.
On December 12th, 2017, June 4th, 2018, and December 10th, 2018, consequently, the agency introduced the three different phases of the 2021 World Anti-Doping Code Review Process (2021 Code Review Process), which involves reviewing theInternational Standards as well.
Further, yesterday WADA made public the third draft of the 2021 World Anti-Doping Code, the second drafts of the International Standards, and the revised Anti-Doping Charter of Athlete Rights.
Since it first came into force on January 1st, 2004, the Code has also been instrumental in introducing the concept of “non-analytical” rule violations. Non-analytical rule violations have allowed anti-doping organizations to apply sanctions in cases where there is no positive doping sample, but where there may still be evidence that a doping violation has occurred.
After three phases and the publication of several preliminary drafts, the revised Code was unanimously adopted by WADA’s Foundation Board and endorsed by the 1,500 delegates present on 17 November 2007 at the Third World Conference on Doping in Sport in Madrid, Spain. The revisions to the Code took effect on 1 January 2009.
The revision process for the 2015 Code began at the end of 2011 and, following three phases of consultation over a two-year period, and with 2,000 changes submitted, the revised Code was unanimously approved on 15 November 2013 at the World Conference on Doping in Sport in Johannesburg, South Africa.
The review process for the revised Code has resulted in a stronger, more robust tool to protect the rights of the clean athlete worldwide.
Among the changes to the Code are the Purpose, Scope, and Organization of the Code, the Anti-Doping Charter of Athletes’ Rights, the addition of flexibility in sanctioning for refusal to submit to testing, attempted complicity, or new definitions of compliance rules. The Code also contemplates a new rule for retired athletes returning to competition.
Another new addition indicates that, unless otherwise specified in the Code, “international” means that the person intended to commit the act which forms the basis of an anti-doping rule violation regardless of whether the person knew that such actions constituted a violation of the code.
Under the further analysis of samples, only WADA and Anti-Doping Organizations with authority over the Athlete are entitled to conduct further analysis on an Athlete’s Sample. WADA will also notify any Anti-Doping organization whose Sample has been taken.
Further adaptations relate to WADA’s right to require an Anti-Doping Organization to conduct results management or more rigorous standards for fair hearings.
“Recreational Athletes” will be permitted more flexibility in the imposition of consequences.
Further, a new article has been added relating to a “prompt admission of an anti-doping rule violation after being confronted with a violation and acceptance of consequences. WADA has also re-introduced the concept of “Aggravating Circumstances.”
The revised Code will also contemplate improvements to the following:
- New multiple violation rules
- Clarification relating to sanctions for violation of a provisional suspension
- The status during ineligibility or provisional suspension
- The scope of review on appeal
- Appeals involving national-level athletes
- Mandatory public disclosure
- Implementation of decisions (formerly mutual recognition)
- Education
- National anti-doping organizations conflict of interest policies
- The obligation of individual signatory participants to agree to be bound by the Code
- Signatories’ expectation of governments (access for doping control officials and removal of samples)
- The process for a sports organization to become a signatory
- Code compliance and monitoring
- Code of Conduct, Medical and Safety rules
- Non-retroactive effective changes to the prohibited list
In a statement issued by the agency, WADA indicated that these updated versions of the items mentioned above “follow careful consideration of all recommendations and feedback received during the three phases of the 2021 Code Review Process.”
In November 2017, following several months of stakeholder consultations, WADA’s Foundation Board adopted a limited number of Code amendments specifically related to Code compliance. These amendments, which support the new International Standard for Code Compliance by Signatories (ISCCS), took effect at the same time as the ISCCS, on 1 April 2018.
At the same meeting, the Board approved the launch of a broader Code review which will culminate at the Fifth World Conference on Doping in Sport in November 2019 in Katowice, Poland.
The review process will come to an end with the final drafts’ approval at WADA’s upcoming World Conference on Doping in Sport, which is set to take place in the Polish city of Katowice in November of this year. After then, the revised 2021 Code and Standards will come into effect on January 1st, 2021.
The complete third draft of the 2021 Code revision can be viewed here.
So how many vials of blood am I allowed to smash?
Only with the approval and supervision of your mother.
Better.