19. Commencement, Transitional Provisions, Validity

19.    Commencement, Transitional Provisions, Validity

19.1 Commencement

These Rules shall come into force on 1 January 2025 (“Effective Date”).

19.2 Non-Retroactive except for Rule 10.9.4 and Rule 16 or Unless Principle of “Lex Mitior” Applies

19.2.1 Any anti-doping rule violation case which is pending as of 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 these Rules, unless the Sports Tribunal determines the principle of “lex mitior” appropriately applies under the circumstances of the case. For these purposes, the retrospective periods in which prior violations can be considered for purposes of multiple violations under Rule 10.9.4 and the statute of limitations set forth in Rule 16 are procedural rules, not substantive rules, and should be applied retroactively along with all of the other procedural rules in these Rules (provided, however, that Rule 16 shall only be applied retroactively if the statute of limitation period has not already expired by the Effective Date).

19.2.2 Any Rule 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.

19.3 Application to Decisions Rendered Prior to the 2025 Rules

With respect to cases where a final decision finding an anti-doping rule violation 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 responsibility for the anti-doping rule violation to consider a reduction in the period of Ineligibility in light of the 2025 Rules. Such application must be made before the period of Ineligibility has expired. The application will be referred by the Commission to the Sports Tribunal. The decision on the application by the Sports Tribunal rendered may be appealed pursuant to Rule 13.2. The 2025 Rules shall have no application to any anti-doping rule violation case where a final decision finding an anti-doping rule violation has been rendered and the period of Ineligibility has expired.

19.4 Multiple Violations Where the First Violation Occurs Prior to 1 January 2025

For purposes of assessing the period of Ineligibility for a second violation under Rule 10.9.1, where the sanction for the first violation was determined based on pre-2025 Rules, the period of Ineligibility which would have been assessed for that first violation had 2025 Rules been applicable, shall be applied.⁸³ 

19.5 Changes to the Prohibited List

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 responsibility for the anti-doping rule violation to consider a reduction in the period of Ineligibility in light of the removal of the substance or method from the Prohibited List.

19.6 Validity

19.6.1 If any Rule in the 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.

19.6.2 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

^{83 [Comment to Rule 19.4: Other than the situation described in Rule 19.4, where a final decision finding an anti-doping rule violation has been rendered prior to the existence of the Code or under the Code in force before the 2021 Code and the period of Ineligibility imposed has been completely served, the 2021 Code may not be used to re-characterise the prior violation.]}