WADA’s responses to queries on NADA’s Anti-Doping Rules 2021

 

Question: Can NADA India test an athlete and if found positive, not report the case to WADA, not proceed with its rules based on WADA Code 2021, apply different sanctions other than those stipulated in the WADA Code 2021?

Answer: If the testing is conducted based on NADA’s anti-doping mandate and program under the Code and its Anti-Doping Rules, then all procedures and consequences provided for in the Code, the International Standards and the Anti-Doping Rules must be applied.

If NADA conducts other activities (including testing) outside of its anti-doping mandate, for example a public health mandate, such activities do not fall under its Anti-Doping Rules and the Code, and the Code does not need to be applied. As mentioned earlier, the Code requires the Anti-Doping Organizations to focus their anti-doping programs and results management on International and National-Level Athletes (and WADA monitors how this is done). It is NADA’s discretion to include – or not include – athletes below the National-Level into their anti-doping programs under the Code.

Q: Can NADA India test an athlete, and if found positive, not take the matter to a hearing panel but decide within its own administration or competence without the aid of any written down rules? Has NADA suggested to WADA any such procedure for adoption and whether WADA has given its approval?

A: If NADA’s additional activities are not based on the Code, WADA has no mandate to assess the compliance of such activities or the applicable adjudication procedure with the Code. Nonetheless, NADA is bound by the national law requirements.

Q: Can NADA India refuse to test an athlete or in a competition where national-level athletes or even international level athletes may be participating and justify such action saying it is within its authority to do so since WADA has given it the freedom to decide what is lower level competition or who is an athlete below national level?

A: The Code and NADA’s Anti-Doping Rules apply to specified persons due to their specific characteristics (for example, membership with any National Federation in India) or due to their participation in the specified events.

NADA has the discretion to define what a National-Level Athlete is. If an Athlete falls under NADA’s jurisdiction according to the Code and the Anti-Doping Rules (e.g. the Athlete is a member of any National Federation), then NADA’s anti-doping program applies to him/her notwithstanding the event such Athlete participates in.

In the same vein, if the lower-level athlete is nominated to participate in the national-level event organized by the National Federation, he/she becomes a National-Level Athlete and is subject to NADA’s Anti-Doping Rules and the Code, and the respective consequences under the Anti-Doping Rules and the Code apply should a test be positive.

Q: Can any rule other than what is stipulated in the Code apply to any positive case reported by an accredited laboratory following a doping control carried out by NADA India?

A: Anti-doping activities of NADA based on its Anti-Doping Rules and the Code shall follow the procedures and consequences provided for in the Code and the Anti-Doping Rules.

Q: Is it true that all positive cases from tests conducted by a WADA-accredited laboratory are reported to WADA by the laboratory and by the ADO?

A: Results of all tests conducted by the ADO under their Anti-Doping Rules and the Code are reported by the laboratory and by the ADO via ADAMS.

Q: Can NADA India conduct tests in a non-accredited laboratory?

A: For testing conducted under the Code and the Anti-Doping Rules, the applicable principles are set out in Code Article 6: for purposes of directly establishing an Adverse Analytical Finding under Code Article 2.1 (presence of a Prohibited Substance or its Metabolites or Markers in an Athlete’s Sample), Samples shall be analyzed only in WADA-accredited laboratories or laboratories otherwise approved by WADA.

Q: Can anti-doping authorities decide on doping cases on unwritten rules? Can they adopt their own rules without the knowledge of WADA?

A; If doping cases result from NADA’s anti-doping mandate and program under the Code and its Anti-Doping Rules (which are reviewed and approved by WADA), then all procedures and consequences provided for in the Code, the International Standards and the Anti-Doping Rules must be applied.

For other (additional) NADA activities that are not based on the Code, WADA has no mandate to assess the compliance of such activities or the applicable adjudication procedure with the Code. Nonetheless NADA is bound by the national law requirements.  

Q:  Is it not the responsibility of an accredited laboratory that an anti-doping organization follows up correctly with a positive report reported by it to that organization as per Code and International Standards?

A: Results of all tests conducted by the ADO under their Anti-Doping Rules and the Code are reported by the laboratory and by the ADO via ADAMS as required by the Code and the International Standards.

If the laboratory provides other services to the organizations which are not based on the Code and the Anti-Doping Rules, the results of such services cannot be reported via ADAMS. The International Standard for Laboratories provides for further limitations to such services.