Whereabouts filing requirements
1.1 Overview of the testing pools
1.2 Whereabouts filing requirements & filing failures RTP, NTP, ATP
1.3 Team sports
Overview
Unannounced testing is the core element of an effective doping control system, as any advance warning could theoretically provide an opportunity for manipulation to someone who wants to deceive authorities.
However, without accurate information about the whereabouts and the availability of the athlete such unannounced testing is inefficient and often impossible.
Therefore, pursuant to the WADA provisions, each International Federation (IF) and each National Anti-Doping Organization (NADO) is required to establish testing pools according to certain criteria. These correspond to NADA Austria's doping risk assessment criteria for the particular sport during training and they also reflect the national anti-doping policy.
Depending on the testing pool to which they belong athletes must meet certain whereabouts filing requirements, i.e. provide accurate information about their whereabouts and availability.
Failure to meet these requirements will result in a "filing failure" or "missed test" which, in the case of repetition, will lead to the institution of proceedings on grounds of violation of anti-doping rules.
1.1. Overview of the testing pools
Please note: The following specifications apply only to athletes in non-team sports. Separate provisions apply to athletes in team sports (cf. section 1.3 Team sports).
In order to allow NADA Austria to assign the athletes of a national federation (NF) to one of the three testing pools listed below, all NFs are asked to provide their lists of athletes to NADA Austria in the required form.
These lists of athletes must always be kept up to date, and NADA Austria must be notified promptly of any changes to these lists.
The testing pool to which an athlete belongs is decisive
- for meeting the athlete's future whereabouts filing requirements; and
- for the proper application for therapeutic use exemptions.
NADA Austria's Selection Commission has the final word in assigning an athlete to a testing pool.
1.1.1.Registered Testing Pool
NADA Austria's RTP (Registered Testing Pool) includes athletes
- who were designated for inclusion in the IRTP (International Registered Testing Pool) by their competent IF. NADA Austria has no influence whatsoever on this assignment by the IF!
- who belong to the top-ranking squad or the top-ranking youth squad and are designated by NADA Austria for inclusion in this RTP;
- who participate or who due to their performance level are eligible to participate in Olympic or Paralympic Games, in World or European Championships in a sport or discipline with a particularly high risk of doping or special doping pattern;
- who belong to special squads and are concurrently designated by NADA Austria and the NF for inclusion in this RTP for a certain period of time;
- who repeatedly violate their whereabouts filing requirements or give other cause for special observation.
1.1.2.National Testing Pool
NADA Austria's NTP (National Testing Pool) includes athletes
- who belong to an A-squad of an NF and have not been included in the RTP;
- who belong to the B-squad of an NF and NADA Austria designates them for inclusion in this NTP;
- who belong to special squads and are concurrently designated by NADA Austria and the NF for inclusion in this NTP for a certain period of time (e.g. training squad for World or European Championships).
1.1.3.General Testing Pool
NADA Austria's ATP (General Testing Pool) includes future athletes who have not been included in the RTP or NTP (in particular, other B-squad athletes, C-squad and youth squad).
1.2. Whereabouts filing requirements & filing failures
The testing pool to which an athlete belongs (RTP, NTP, ATP) is decisive for determining the whereabouts filing requirements applicable to the athlete concerned.
Each modification of the whereabouts filing requirements shall be reported to NADA Austria immediately!
1.2.1. Whereabouts filing requirements & filing failures applicable to athletes in the RTP
In addition to the information contained in the lists of athletes to be submitted by the NF regarding whereabouts and availability of the athlete (postal address, e-mail address, phone number), all athletes in the RTP must also provide the following information:
a. For each day during the following quarter the address of the location where the athlete will be residing, as well as regular activities (e.g. training, competitions, school, work and the corresponding address) = "whereabouts filing".
These details must, of course, be updated continually as required. This specifically means:
- For each day of the quarter, the complete address of the place where the athlete will be residing (e.g. home, temporary accommodation, hotel, etc.) must be provided;
- For each day of the quarter, the usual time frames for the activities described in the whereabouts filing (e.g. training, school, work) must be provided;
- Details on competitions must contain at least the name of the competition as well as the name and address of the location where the athlete will be residing during competition.
b. In addition, RTP athletes are required to specify for the following quarter one hour each day between 7 a.m. and 11 p.m. during which they can be located at a previously specified location = "60-minute time slot", i.e.:
- This 60-minute time slot must be specified three months in advance in each case; any changes to whereabouts or availability during the quarter must be announced promptly, as soon as the athlete has been informed, and any changes to the 60-minute time slot at least two hours in advance. Under certain circumstances, repeated short-notice updates may lead to the immediate institution of proceedings on grounds of an anti-doping rule violation!
- Specifying a 60-minute time slot, however, does not reduce the athlete's obligation to provide the latest whereabouts filing.
c. An athlete in the RTP must file the above-mentioned whereabouts filing as well as the 60-minute time slot via ADAMS.
Every athlete is personally responsible for filing and updating their whereabouts filing and 60-minute time slot via ADAMS. The information provided via ADAMS is valid for NADA Austria, WADA and the international federation.
The latest possible deadlines for filing information (whereabouts filing) for each subsequent quarter are 20 March, 20 June, 20 September, 20 December.
This does not, of course, affect any deadlines for athletes in the IRTP that have already been reported to the RTP by their competent IF (in most cases, these athletes currently must meet the obligations of the RTP already)!
d. For athletes in the RTP who do not provide their whereabouts filings for the following quarter 2010 by the applicable deadline via ADAMS or do not keep their whereabouts filings up to date, a "missed test for filing failure" will be declared.
Any athlete in the RTP who is not available for testing by a doping control officer (DCO) at the location and during the 60-minute time slot specified in ADAMS will be liable for a "missed test".
In addition, the costs incurred to NADA AUSTRIA in connection with the missed test will be charged to the NF.
1.2.2.Whereabouts filing requirements & filing failures applicable to athletes in the NTP
In addition to the information contained in the lists of athletes to be submitted by the NF regarding whereabouts and availability of the athlete (postal address, e-mail address, phone number), all athletes in the NTP must also provide the following information:
a. For each day during the following quarter the address of the location where the athlete will be residing, as well as regular activities (e.g. training, competitions, school, work and the corresponding address) = "whereabouts filing".
These details must, of course, be updated continually as required. This specifically means:
- for each day of the quarter, the full address of the place where the athlete will be residing (e.g. home, temporary accommodation, hotel, etc.) must be provided;
- for each day of the quarter, the usual time frames for the activities described in the whereabouts filing (e.g. training, school, work) must be provided;
- details on competitions must contain at least the name of the competition as well as the name and address of the location where the athlete will be residing during competition.
b. An athlete in the NTP must provide the above-mentioned whereabouts filing through ADAMS.
Every athlete is personally responsible for providing and updating their whereabouts filings in ADAMS. The information provided via ADAMS is valid for NADA Austria, WADA and the international federation.
The latest possible deadlines for filing information (whereabouts filing) for each subsequent quarter are 20 March, 20 June, 20 September, 20 December.
c. For athletes in the NTP who do not provide their whereabouts filings for the following quarter 2010 by the applicable deadline via ADAMS or do not keep their whereabouts filings up to date, a "missed test for filing failure" will be declared.
1.2.3. Whereabouts filing requirements & filing failures applicable to athletes in the ATP
In addition to the information contained in the lists of athletes to be submitted by the NF regarding whereabouts and availability of the athlete (postal address, e-mail address, phone number), all athletes in the ATP must provide the following information:
a. "Whereabouts filing" for the ATP
- Address of the place where he/she can usually be located;
- His/her approximate training schedule.
b. An athlete in the ATP must provide the above-mentioned whereabouts filing immediately after having been notified of his/her inclusion in the ATP.
If the athlete has access to ADAMS, he/she can use ADAMS to file and update this information.
Three filing failures committed within an 18-month period constitute an anti-doping rule violation and will lead to the institution of proceedings.
The standard sanction for such a violation is the imposition of ineligibility for at least one year.
1.3. Team sports (whereabouts filing requirements & filing failures)
The following whereabouts filing requirements apply to athletes in team sports:
In addition to the information contained in the lists of athletes to be submitted by the national federation (NF) regarding whereabouts and availability of each athlete of a team (postal address, e-mail address, phone number), a team official is to be appointed in each case who is required to
a. provide weekly reports on team activities in the specified form (xls list by e-mail).
b. If team activities are not reported or a report does not include all of the required information, the team will be liable for sanction under the applicable rules of the IF!
c. If an athlete cannot participate in the team activity reported for a certain week, he/she must provide to the team official sufficiently detailed information about his/her whereabouts and availability.
d. If, in the event of testing, an athlete has not provided sufficient information on his/her whereabouts and availability and is therefore not available for testing, the athlete will be liable for sanction under the applicable rules of the IF!
Furthermore, each NF is obligated to provide to NADA Austria information about all activities (training camps, other team gatherings) of national teams (elite and youth) and to keep this information current.
It should also be noted that, pursuant to international regulations, international federations may designate a team for (temporary) inclusion in the RTP. As a consequence, the relevant whereabouts filing requirements are, of course, (temporarily) applicable to this team and its athletes.
Statutory provisions
The obligations of athletes have been laid down in § 5 and § 19 of the Anti-Doping Federal Act (Anti-Doping-Bundesgesetz; ADBG) as amended by Federal Law Gazette I no. 146/2009:
§ 5. (1) The Independent Anti-Doping Organization shall establish a National Registered Testing Pool for selecting top-level athletes for out-of-competition testing, in which the following athletes shall be included after a hearing of the competent national sports federation:
1. Athletes
a. who are included in an international registered testing pool of an international sports federation; or
b. who participate or who are eligible to participate due to their performance level in Olympic or Paralympic Games or in World or European Championships in a sport or discipline with a particularly high risk of doping or special doping pattern; or
c. who repeatedly violate their whereabouts filing requirements pursuant to § 19 para 1 no. 5 or § 19 para 3, conspicuously often change their whereabouts on short notice or demonstrate particular enhanced performance while included in the testing pool pursuant to no. 2 or 3;
2. Athletes who participate or who are eligible to participate due to their performance level in Olympic or Paralympic Games or in World or European Championships in a sport or discipline other than no. 1 lit. b;
3. Athletes
a. of the top-ranking squads, the top-ranking youth squads and the teams of the top league of the national sports federations; and
b. of the second-highest ranking squads, the second-highest ranking youth squads and teams of the second-best league of those national federations in sports or disciplines which are especially important for competitive sports in Austria, unless they are already included in the testing pool pursuant to no. 1 or 2.
4. Athletes who have retired from sport while included in the testing pool, as soon as they report the return to active participation in sport to the Independent Anti-Doping Organization pursuant to § 19 para 6.
(2) Athletes who were suspended or declared temporarily ineligible while included in the testing pool shall basically remain in the testing pool throughout the period of suspension or ineligibility, even if they are no longer members or licensees of a sports organization or an affiliated organization.
(3) The following athletes shall be removed from the National Registered Testing Pool:
- those who no longer meet the requirements pursuant to para 1 nos. 1 to 3;
- those who notify the Independent Anti-Doping Organization in writing about retiring from sport;
- those who belong to the testing pool because they have reported the resumption of their active careers (para 1 no. 4), after the same period of time as they retired before their suspension or ineligibility had ended; however, one year after being included again in the Registered National Testing Pool at the earliest;
- those who belong to the National Registered Testing Pool due to suspension or ineligibility (para 2), after this period has expired.
However, the athlete may only be removed pursuant to nos. 3 and 4 if the prerequisites for remaining in the testing pool pursuant to para 1 nos. 1, 2 or 3 do not exist.
(4) The Independent Anti-Doping Organization shall verifiably notify the athletes concerned of their inclusion in and removal from the National Registered Testing Pool through the competent national sports federation. Upon inclusion, the athletes shall be informed about the statutory provisions according to which they were included in the testing pool and about the related whereabouts filing requirements. This shall also apply if the legal ground for remaining in the testing pool has changed. After the athletes have been verifiably informed, their information obligations pursuant to § 19 shall commence.
§ 19. (1) Athletes who are to be included in the National Registered Testing Pool shall commit themselves in writing vis-à-vis the national sports federation to:
- acknowledging the most recent anti-doping rules of the national sports federation and the regulations pursuant to § 5, § 6, § 8 to 17 as well as § 18 paras 5 and 7;
- acknowledging the anti-doping rules applicable to the relevant international competition to which they are sent;
- refraining from all actions which are incompatible with the principles of fairness in sport and ensuring by all means at their disposal that no prohibited substances enter their body tissue or body fluids and no prohibited methods are used on them;
- participating in testing pursuant to § 11 to 13;
- promptly reporting residential addresses, training schedules and training locations, their availability and any changes to this data as well as information on their whereabouts, if they wish to leave the residential address for more than three days, any change of name and their retirement from sport to the Independent Anti-Doping Organization and the national sports federation;
- in the case of medical or dental treatment, requesting the physician or dentist to inform them prior to the application of medication or the use of treatment methods whether they are admissible in accordance with the Anti-Doping Convention;
- employing only athlete support personnel who are not excluded from this task pursuant to § 18 para 5;
- giving their express consent to the processing of health-related data which become available as a result of analyzing doping samples and granting therapeutic use exemptions pursuant to § 8.
(2) The athlete shall send the letter of commitment pursuant to para 1 to the national sports federation in duplicate within two weeks after it has been requested. Said letter of commitment shall be valid as long as the athlete belongs to the National Registered Testing Pool pursuant to § 5 paras 1 and 2.
(3) Notwithstanding para 1 no. 5, athletes who belong to the National Registered Testing Pool pursuant to § 5 para 1 no. 1 shall provide the following information on a date before the first day of each quarter (1 January, 1 April, 1 July and 1 October) determined by the Independent Anti-Doping Organization:
- for each day of the following quarter, the complete address of the place where the athlete will reside (e.g. home, temporary accommodation, hotel, etc.);
- for each day of the following quarter, the name and address of the place where the athlete will practice, work or carry out any other regular activity (e.g. school) as well as the usual schedule for these regular activities;
- his competition schedule for the following quarter, including the name and address of each place where the athlete will take part in competitions during these three months as well as the dates when he will participate in competitions in these places;
- for each day of the following quarter, a certain 60-minute time slot between 6.00 a.m. and 11.00 p.m. when he will be available for testing at a certain location.
Any changes to the whereabouts or availability during the quarter shall be announced promptly as soon as the athlete has been informed about it, any changes to the 60-miute time slot at least two hours before.
(4) Para 3 nos. 1 to 3 shall apply to athletes who are in the National Registered Testing Pool pursuant to § 5 para 1 no. 2. Any changes to the address pursuant to para 3 no. 1 shall only be reported if the place is left for more than 24 hours.
(5) The Independent Anti-Doping Organization shall make an electronic reporting system available to the athletes to allow them to meet their whereabouts filing requirements pursuant to para 1 no. 5, paras 3 and 4. The athletes shall meet their whereabouts filing requirements via this system.
(6) Athletes who belonged to the National Registered Testing Pool (§ 5) at the time of their retirement from sport shall notify the Independent Anti-Doping Organization of their return to sport six months prior to the first competition; athletes who have retired from sport during a suspension or period of ineligibility, shall report this twelve months prior to the first competition.