Article 23    Commencement, Transitional Provisions, Validity

Article 23    Commencement, Transitional Provisions, Validity

23.1    The Rules have been adopted pursuant to the applicable provisions of the Code and the International Standards and shall be interpreted in a manner that is consistent with applicable provisions of the Code and the International Standards. The Code and the International Standards shall prevail in case of conflict.

23.2    The comments annotating various provisions of these Rules are explanatory rather than having legislative effect.

23.3    These Rules shall enter into force and shall apply in full as of 1 January 2027 (the “Effective Date”). They repeal any previous version of the Rules.

23.4     Anti-doping rule violations that occurred prior to the Effective Date count as "first violations" or "second violations" for purposes of determining sanctions under Article 10 for violations occurring after the Effective Date.

23.5     Any anti-doping rule violation case which is pending at the Effective Date and any anti-doping rule violation case brought after the Effective Date based on an anti-doping rule violation which occurred prior to the Effective Date, shall be governed by the substantive anti-doping rules in effect at the time the alleged anti-doping rule violation occurred, and not by the substantive anti-doping rules set out in the Rules, unless the panel hearing the case determines the principle of “lex mitior” appropriately applies under the circumstances of the case. For these purposes, the periods in which prior violations can be considered for purposes of multiple violations under Article 10.9.4 and the statute of limitations set forth in Article 16 are procedural rules, not substantive rules, and should be applied along with all of the other procedural rules in the Rules (provided, however, that Article 16 shall only be applied in this way if the statute of limitations period has not already expired by the Effective Date).

23.6     Any Article 2.4 whereabouts failure (whether a filing failure or a missed test, as those terms are defined in the International Standard for Results Management) prior to the Effective Date shall be carried forward and may be relied upon, prior to expiry, in accordance with the International Standard for Results Management, but it shall be deemed to have expired twelve (12) months after it occurred.

23.7     With respect to cases where a final decision finding an anti-doping rule violation or violation of Article 10.14.1 has been rendered prior to the Effective Date, but the Athlete or other Person is still serving the period of Ineligibility as of the Effective Date, the Athlete or other Person may apply to the Commission or other Anti-Doping Organisation which had Results Management authority for the anti-doping rule violation or violation of Article 10.14.1 to consider a reduction in the period of Ineligibility in light of the Rules. Such application shall be made before the period of Ineligibility has expired. The decision rendered may be appealed pursuant to Article 13.2. The Rules shall have no application to any case where a final decision finding an anti-doping rule violation or violation of Article 10.14.1 has been rendered and the period of Ineligibility has expired.

23.8    For purposes of assessing the period of Ineligibility for a second violation under Article 10.9.1, where the sanction for the first violation was determined based on rules in force prior to the Effective Date, the period of Ineligibility which would have been assessed for that first violation had the Rules been applicable, shall be applied.¹¹¹ 

23.9     Changes to the Prohibited List and Technical Documents relating to substances or methods on the Prohibited List shall not, unless they specifically provide otherwise, be applied retroactively. As an exception, however, when a Prohibited Substance or a Prohibited Method has been removed from the Prohibited List, an Athlete or other Person currently serving a period of Ineligibility on account of the formerly Prohibited Substance or Prohibited Method may apply to the Commission or other Anti-Doping Organisation which had Results Management authority for the anti-doping rule violation to consider seeking a reduction in the period of Ineligibility in light of the removal of the substance or method from the Prohibited List.

23.10    Validity

23.10.1    If any rule in these Rules is held invalid, unenforceable or illegal for any reason, the Rules shall remain otherwise in full force apart from such Rule which shall be deemed deleted insofar as it is invalid, unenforceable or illegal.

23.10.2    All acts done bona fide by any person in the implementation of the Rules, notwithstanding that it be afterwards discovered that there was some defect in the appointment, qualification or authority of such person so acting, shall be as valid as if every such person had been duly appointed, qualified or authorised.

Footnotes

¹¹¹                  [Comment to Article 23.4.5: Other than the situation described in Article 23.4.5, where a final decision finding an anti-doping rule violation or violation of Article 10.14.1 has been rendered prior to the Effective Date and the period of Ineligibility imposed has been completely served, these Anti-Doping Rules may not be used to re-characterize the prior violation.]