Il 15 maggio 2019 la WADA ha modificato l’art. 7.4 del Codice Antidoping, con effetto dal 1° giugno 2019, consentendo ora di chiudere per sostanziale insufficienza di prove (“no case to answer”) le procedure che coinvolgono atleti risultati positivi a bassi livelli di sostanze probite esogene appositamente identificate dalla Wada (ad esempio il clenbuterolo), quando sia accertato che possa essere risultato della ingestione di prodotti contenenti carne che ne sia contaminata.
| art. 7.4 – Review of Atypical Findings (nuovo testo) | art. 7.4 – Review of Atypical Findings (vecchio testo) |
| As provided in the International Standard for Laboratories, in some circumstances laboratories are directed to report the presence of Prohibited Substances, which may be produced endogenously, or identified by WADA, as Atypical Findings subject to further investigation. Upon receipt of an Atypical Finding, the Anti-Doping Organization responsible for results management shall conduct a review to determine whether: (a) an applicable TUE has been granted or will be granted as provided in the International Standard for Therapeutic Use Exemptions, or (b) there is any apparent departure from the International Standard for Testing and Investigations or International Standard for Laboratories that caused the Atypical Finding. If that review does not reveal an applicable TUE or departure that caused the Atypical Finding, the Anti-Doping Organization shall conduct the required investigation. After the investigation is completed, the Athlete and other Anti-Doping Organizations identified in Article 14.1.2 shall be notified whether or not the Atypical Finding will be brought forward as an Adverse Analytical Finding. The Athlete shall be notified as provided in Article 7.3. 7.4.1 The Anti-Doping Organization will not provide notice of an Atypical Finding until it has completed its investigation and decided whether it will bring the Atypical Finding forward as an Adverse Analytical Finding unless one of the following circumstances exists: (a) If the Anti-Doping Organization determines the B Sample should be analyzed prior to the conclusion of its investigation under Article 7.4, the Anti-Doping Organization may conduct the B Sample analysis after notifying the Athlete, with such notice to include a description of the Atypical Finding and the information described in Article 7.3(d)-(f). (b) If the Anti-Doping Organization receives a request, either from a Major Event Organization shortly before one of its International Events or a request from a sport organization responsible for meeting an imminent deadline for selecting team members for an International Event, to disclose whether any Athlete identified on a list provided by the Major Event Organization or sport organization has a pending Atypical Finding, the Anti-Doping Organization shall so identify any such Athlete after first providing notice of the Atypical Finding to the Athlete. |
As provided in the international Standard for Laboratories, in some circumstances laboratories are directed to report the presence of Prohibited Substances, which may also be produced endogenously, as atypical findings subject to further investigation. Upon receipt of an atypical finding, the Anti-Doping Organization responsible for results management shall conduct a review to determine whether: (a) an applicable tue has been granted or will be granted as provided in the international Standardfor Therapeutic Use Exemptions, or (b) there is any apparent departure from the International Standard for Testing and Investigations or Iinternational Standard for Laboratories that caused the atypical finding. if that review does not reveal an applicable TUE or departure that caused the atypical finding, the Anti-Doping organization shall conduct the required investigation. After the investigation is completed, the athlete and other anti-doping organizations identified in Article 14.1.2 shall be notified whether or not the atypical finding will be brought forward as an adverse analytical finding. The athlete shall be notified as provided in Article 7.3. 7.4.1 The anti-doping organization will not provide notice of an atypical finding until it has completed its investigation and decided whether it will bring the atypical finding forward as an adverse analytical finding unless one of the following circumstances exists: (a) if the anti-doping organization determines the B Sample should be analyzed prior to the conclusion of its investigation under Article 7.4, the anti-doping organization may conduct the B Sample analysis after notifying the athlete, with such notice to include a description of the atypical finding and the information described in Article 7.3(d)-(f). (b) if the anti-doping organization receives a request, either from a Major event organization shortly before one of its International events or a request from a sport organization responsible for meeting an imminent deadline for selecting team members for an International event, to disclose whether any athlete identified on a list provided by the Major event organization or sport organization has a pending atypical finding, the anti-doping organization shall so identify any such athlete after first providing notice of the atypical finding to the athlete. |
[Armando Argano]