Anti-Doping

1. SECTION 1 – INTRODUCTION

1.1.  FAW and anti-doping

1.1.1 FAW is the governing body for the sport of football within Wales.

1.1.2 These Regulations are adopted pursuant to the Rules of the FAW and shall be effective as of 1^st January 2021.

1.1.3 The principles of integrity, fairness, equity and respect are key values which are essential to meaningful sporting success. The illicit use of drugs wholly undermines these principles and may also damage the reputation of a sport and the health of Players.

1.1.4 FAW is committed to protecting the integrity of football in Wales and establishing an environment which promotes and reinforces doping-free behaviour among Participants, so that successive generations of Players will have confidence in their ability to succeed without the misuse of Prohibited Substances and Methods and are supported by likeminded Player Support Personnel.

1.2. Background to these Regulations

1.2.1. FAW is a member of the Federation of International Football Associations ("FIFA"), the international federation for football. FIFA has adopted anti-doping regulations which are compliant with the World Anti-Doping Code (“Code”) and apply to all doping-related matters over which FIFA and its associations have jurisdiction under the Code ("FIFA Anti-Doping Regulations"). A link to the current version of the FIFA Anti-Doping Regulations is included at Section 2 of this document.

1.2.2. As noted below, these Regulations adopt and incorporate the FIFA Anti-Doping Regulations (as amended from time to time) in their entirety. In addition, there are supplementary provisions in these Regulations as to management and enforcement which are set out in Section 3 below.

2. SECTION 2 – LINK TO THE FIFA ANTI-DOPING REGULATIONS

2.1. The current version of the FIFA Anti-Doping Regulations, which these Regulations apply to the extent set out in Section 3 below, can be located at -

https://www.fifa.com/about-fifa/what-we-do/medical/anti-doping

3. SECTION 3 - ANTI-DOPING REGULATIONS OF THE FAW LINKED WITH THE FIFA ANTI-DOPING REGULATIONS

3.1. Authority to Regulate

3.1.1. FAW is the governing body of the sport of football in Wales under the jurisdiction of FIFA.

3.1.2. The FIFA Anti-Doping Regulations apply to all member federations of FIFA. FAW is a member federation of FIFA and is required to incorporate the FIFA Anti-Doping Regulations into its own anti-doping regulations. The purpose of these Regulations and the FIFA Anti-Doping Regulations is to prohibit doping in order to protect the rights and health of Players and to protect the values of fair play in football.

3.1.3. FAW shall, further to its powers set out in its Articles of Association and in its Rules, regulate the prohibition and control of doping in football under the jurisdiction of the FAW and shall make, maintain and enforce these Regulations.

3.2. Application of the FIFA Anti-Doping Regulations and the UK Anti-Doping Rules

3.2.1. FAW hereby adopts the FIFA Anti-Doping Regulations (as amended from time to time), to apply to all Anti-Doping Activities carried out by FIFA (or its Delegated Third Party) in respect of any Persons who are subject to these Regulations. In the event that FIFA adopts new Anti-Doping Regulations which supersede these Regulations, the new FIFA Anti-Doping Regulations will prevail.

3.2.2. In the event of any discrepancy between these Regulations and the FIFA Anti-Doping Regulations, the provisions set out in the FIFA Anti-Doping Regulations shall prevail.

3.2.3. In addition, FAW hereby adopts the UK Anti-Doping Rules as amended from time to time (“UK ADR”, which may be found here), to apply to all Anti-Doping Activities (including Testing, investigations, and Results Management) carried out by the National Anti-Doping Organisation for the United Kingdom, UK Anti-Doping (“NADO”) (or its Delegated Third Party), in respect of any Persons who are subject to these Regulations.

3.2.4. In the event of any discrepancy between these Regulations and the UK ADR, the provisions set out in the UK ADR shall prevail. To give effect to the UK ADR as it applies to Participants, Players and Player Support Personnel, the terms Athlete and Athlete Support Personnel should be construed as a reference to a Player or Player Support Personnel as necessary.

3.3. Definitions

3.3.1. Defined words and phrases used in FIFA’s Anti-Doping Regulations shall have the same meaning when they are used in these Regulations. In addition, the following words shall have the meanings set out opposite them:

“Domestic Testing Pool” - a pool of Players (who are not included in the National Registered Testing Pool) established by the NADO from time to time who are required to provide specified whereabouts information to the NADO so that they can be located for purposes of  Testing, and may be transferred to the National Registered Testing Pool if they fail to comply with those requirements.

“International Level Player” - A Player so designated by FIFA or a Confederation, as amended from time to time.

“NADO” - the National Anti-Doping Organisation for the UK, being United Kingdom Anti-Doping Limited (“UKAD”) or its successor body.

“NADP” - the panel of arbitrators known as the National Anti-Doping Panel, which is administered by Sports Dispute Resolution Panel Limited (trading as “Sport Resolutions (UK)”), or any successor body.

“NADP Rules” - the procedural rules issued by the NADP from time to time, which may be found here.

“National Registered Testing Pool” - the pool of Players established by the NADO from time to time who are required to provide whereabouts information via ADAMS and make themselves available for Testing at such whereabouts in accordance with the UK ADR.

“National Level Player” - A Player that falls into any of the following categories:

• A Player in UKAD’s National Registered Testing Pool or Domestic Testing Pool.
• A Player in UKAD’s National TUE Pool.
• A Player supported through UK Sport’s World Class Programme funding, or in direct receipt of a UK Sport or Home Country Sports Council Athlete Performance Award
• A Player who is in or who in the last six (6) months has been in a squad representing Great Britain, England, Scotland, Wales or Northern Ireland (a) at senior level; or (b) at junior levels that are published on UKAD's website.
• A Player competing at an International Event in an open senior category but who is not defined as an International Level Player by the relevant International Federation
• A Player who does not fall within any of the above categories but who meets objective criteria that are specific to the sport in which the Player competes (e.g., based on the level of competition at which the Player competes, such as the national championships) and are published on the NGB's and/or UKAD’s website.

“National TUE Pool” - a pool of Players not in the National Registered Testing Pool who are required to obtain a TUE prior to Use or Possession or Administration of a Prohibited Substance or Prohibited Method.

these “Regulations” - the Anti-Doping Regulations of the FAW set out in this document.

“Rules of the FAW” - the supreme rules of the FAW, as amended from time to time.

3.4. Application of these Regulations and Core Responsibilities

3.4.1. These Regulations, the FIFA Anti-Doping Regulations and the UK ADR shall apply to and shall bind all Participants and other Persons under the jurisdiction of FAW, including (without limitation):-

3.4.2. These Regulations, the FIFA Anti-Doping Regulations and the UK ADR shall apply to and shall bind all Participants and other Persons under the jurisdiction of FAW, including (without limitation):-

3.4.2.1. Participants participating in such capacity in Competitions, Matches and other activities organised, convened, authorised or recognised by FAW or any of its member or affiliate organisations (including any Qualifying Clubs, Directly Affiliated Leagues or Area Associations), wherever held; and

3.4.2.2. Participant or other Person who, by virtue of a contractual arrangement or otherwise, is subject to the jurisdiction of FAW for the purposes of anti-doping, whether or not such Person(s) is or are resident in the UK.

3.4.3. Participants and other Persons under the jurisdiction of FAW agree to comply with these Regulations, the FIFA Anti-Doping Regulations, and the UK ADR, including submitting to any Testing carried out by FAW, the NADO, FIFA or any other body with competent authority. For the avoidance of doubt, FIFA and the NADO may conduct Testing in Wales on International and National-Level Players or on any other Player both In-Competition and Out-of-Competition.

3.4.4. Without prejudice to Regulation 3.4.2 above, it is the personal responsibility of each Player:

3.4.4.1. to acquaint him/herself with these Regulations, the FIFA Anti-Doping Regulations and the UK ADR, and to ensure that each Person (including medical personnel) from whom he/she takes advice is acquainted with all the requirements of those regulations, including (without limitation) being aware of what constitutes an anti-doping rule violation and of what substances and methods are on the Prohibited List;

3.4.4.2. to comply with these Regulations, the FIFA Anti-Doping Regulations and the UK ADR in all respects;

3.4.4.3. to take full responsibility for what he/she ingests and uses;

3.4.4.4. to carry out research regarding any products or substances (including supplements) which he/she intends to ingest or Use (prior to such ingestion or Use) to ensure compliance with these Regulations; and such research shall, at a minimum, include a reasonable internet search of (1) the name of the product or substance, (2) the ingredients/substances listed on the product or substance label, and (3) other related information revealed through research of points (1) and (2);

3.4.4.5. to ensure that any medical treatment he/she receives does not infringe these Regulations;

3.4.4.6. to make him/herself available for Testing at all times upon request whether In-Competition or Out of Competition;

3.4.4.7. when appropriate to provide accurate and up-to-date whereabouts information for the purposes of Testing;

3.4.4.8. to disclose to FAW any decision by a non-Signatory to the effect that the Player committed an anti-doping rule violation within the previous ten years;

3.4.4.9. to disclose the identity of their Athlete Support Personnel upon request to UKAD and/or any other Anti-Doping Organisation with authority over them; and

3.4.4.10. to cooperate fully with FAW, FIFA, the NADO, and/or any other Anti-Doping Organisation with authority over him/her, in their conduct of investigations into possible anti-doping rule violations.

3.4.5. Without prejudice to Regulation 3.4.2 above, it is the personal responsibility of each Player Support Personnel:

3.4.5.1. to acquaint him/herself with all of the provisions of these Regulations, the FIFA Anti-Doping Regulations and the UK ADR, including (without limitation) being aware of what constitutes an anti-doping rule violation and what substances and methods are on the Prohibited List;

3.4.5.2. to comply with these Regulations, the FIFA Anti-Doping Regulations and the UK ADR in all respects;

3.4.5.3. not to Use or Possess any Prohibited Substance or Prohibited Method without valid justification. A Player Support Personnel who Uses or Possesses a Prohibited Substance or Prohibited Method without valid justification may not provide support to any Player;

3.4.5.4. to cooperate fully with the Testing of Players;

3.4.5.5. to use his/her influence on Player values and behaviour to foster anti-doping attitudes;

3.4.5.6. to disclose to FAW any decision by a non-Signatory to the effect that the Player Support Personnel committed an anti-doping rule violation within the previous ten years; and

3.4.5.7. to cooperate fully with FAW, FIFA, the NADO and/or any other Anti-Doping Organisation with authority over him/her, in their conduct of investigations into possible anti-doping rule violations.

3.5. International Level Players/ Establishment of National Registered Testing Pool and the Domestic Testing Pool

3.5.1. FIFA’s decision as to which Players are International Level Players for the purposes of these Regulations shall be final and binding.

3.5.2. The NADO shall (in consultation with FAW) be entitled to establish the National Registered Testing Pool and the Domestic Testing Pool and shall keep a register of those Players who are required to provide whereabouts information. Anyone included in the National Registered Testing Pool or the Domestic Testing Pool will be notified in accordance with the NADO’s procedures of their inclusion and the whereabouts information that they are required to provide.

3.6. TUEs

3.6.1. A Player in the National Registered Testing Pool or the National TUE Pool (who is not an International Level Player) must obtain a TUE for the Use, Possession or administration of any Prohibited Substance or Prohibited Method required for therapeutic use from the NADO (in accordance with its applicable procedures). For the avoidance of doubt, where appropriate, International Level Players must obtain a TUE from FIFA or, where they already have a TUE granted by the NADO, must apply to FIFA for recognition of that TUE.

3.6.2. A Player who is not in the National Registered Testing Pool or the National TUE Pool and who is not an International Level Player may, in the event he/she is tested under these Regulations and has been using a Prohibited Substance or Prohibited Method for therapeutic use, make a retrospective application for a TUE in accordance with the NADO’s applicable procedures.

3.7. Players Whereabouts Requirements

In accordance with paragraph 1 of Annexe C of the FIFA Anti-Doping Regulations, Players in the National Registered Testing Pool shall provide their whereabouts information to the NADO, in such format as the NADO shall from time to time prescribe, and such whereabouts information shall be provided through ADAMS (or such other database management system as WADA may adopt from time to time).

3.8. Retirement and Return to Competition

The FIFA Anti-Doping Regulations and the UK ADR relating to retirement and return to competition shall apply to Players in the National Registered Testing Pool, except that notice, in writing, is to be given to the NADO rather than FIFA. A Player returning to competition must also provide the FAW written notice of no less than six months of their intention to return to competition.

3.9. Results Management

3.9.1. In the case of a player tested by FIFA, or where a Player has to file whereabouts information with FIFA pursuant to Annexe C of the FIFA Anti-Doping Regulations, the Results Management process shall be conducted by the FIFA Anti-Doping Unit in accordance with the FIFA Anti-Doping Regulations. In all other cases, the Results Management process shall be the conducted by the Anti-Doping Organisation that initiated and directed Sample collection or, if no Sample collection is involved, the Anti-Doping Organisation that first provides notice of a potential anti-doping rule violation to the relevant Person and then diligently pursues it, in accordance with that Anti-Doping Organisation’s procedural rules.

3.9.2. Where the NADO has Results Management responsibility in respect of a matter, it shall conduct that Results Management in accordance with the UK ADR.

3.9.3. All samples collected as a result of Testing under these Regulations shall be the property of the Anti-Doping Organisation that collected them.

3.9.4. Any costs associated with the analysis of a Player's B Sample following a test initiated by the NADO shall be borne by the Player, except where the Player accepts his/her A Sample analytical results but the NADO elects to proceed with the B Sample or where the B Sample result does not confirm the Adverse Analytical Finding reported in respect of the A Sample.

3.10. Disciplinary Process

In respect of any alleged breach of these Regulations and/or the UK ADR for which the NADO has responsibility for Results Management and a hearing is required, the NADP is the body  empowered  to rule on the matter (including, if applicable, any appeal of the first instance ruling), in accordance with the NADP Rules, and in any event NADP shall give written notice of the findings or outcome of the proceedings to the parties to the proceedings and all third parties entitled to such notification under the FIFA Anti-Doping Regulations and the UK ADR.