The Legal Aspects of the Athlete Biological Passport – Introduction

2017 WADA Symposium

Julien Sieveking, Director, Legal Affairs15 March 2017, Lausanne, Switzerland

Introduction: The legal aspects of the ABP programJulien Sieveking, WADA

ABP case management: Learnings from IAAF experienceThomas Capdevielle, IAAF

ABP: Learnings from CAS case lawRoss Wenzel, Kellerhals Carrard

Group discussionWith Reid Aikin, WADA

Workshop Agenda

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Indirect detection of doping by serial measure of biomarkers rather than by direct detection of a prohibited substance

The Athlete Biological Passport

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ABP

Efficiency Objectivity Transparency

Biological Data

Coordination

Haematological Module

Launched in 2009

Goal – Detect blood doping

Matrix – EDTA blood samples

Steroid Module

Launched in 2014

Goal – Detect steroid doping

Matrix – Urine samples

The Two Modules of the ABP

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Blood profiling

Forensic evidence → can be used to direct investigations

Identify individual or group of athletes

Correlate with other intelligence (whereabouts, etc.)

Source of information for target testing

Steroid module

The Steroid Passport can flag manipulated samples

Sample switching – DNA analysis

Use in investigations (McLaren Report)

Indentification of samples for long-term storage

The ABP – An Efficient Tool for Anti-Doping

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More Anti-Doping Organizations running ABP programs, more

Doping Control Form entries, more sanctions

Haematological ABP program will become mandatory for endurance

sports (IFs and NADOs) on 1 Jan. 2018 (under the Technical

Document for Sport Specific Analysis – TDSSA)

Enormous potential

The ABP – An Integral Part of Anti-Doping

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Team Level Patterns

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Same date, same place

Discovery of blood

transfusion equipment

Outcomes of the Current ABP Modules

Direct detection

Code Article 2.1

Passport case

Article 2.2

Investigations

Articles 2.5-2.10

Haematological

Module++ ++ ++

Steroidal

Module++ - +

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Number of Blood Doping Cases (ADRVs) since 2005

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0

10

20

30

40

50

60

70

80

90

2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

ABP

ESA

8 years after the introduction of the Blood Passport

626 athletes sanctioned since 2008

69 cases/year

360% increase

19 cases/year

International-level athlete first to be caught by both haematological and steroidal modules

2008 – Olympic gold medal

2012 – an ABP-directed EPO positive keeps him out of London Games

2016 – IRMS positive based on ABP data keeps him out of Rio Games

First urine test on 1 January: T/E = 3.5

Follow-up tests: ~T/E = 1.0

Expert reviewed and retroactively tested 1st sample

A Recent Case – Alex Schwazer

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More Sensitive Detection of Abuse Occurring below

the Population-Based Limits

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IRMS Positive

Population

based limit

The ABP in the Rules

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Code

ISTI

ISL

ABP

Guidelines

Technical

Documents

ABP

ISPPPI

Several changes entered into force on 1 Jan. 2017

Results management requirements and procedure for ABP cases – TDRMR was updated and is now Appendix L

of the ISTI

Collection, storage and transport of ABP blood samples– TDBSCR and TDBSTR were updated and

moved to Appendix K of the ISTI

TDBAR remains as a technical document related to the ISL

The ABP Guidelines were updated and contain all relevant mandatory documents as appendices.

2017 – What Has Changed?

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Blood Stability Score

Testing in remote areas and on weekends

is difficult

APMU Report

Central element in Passport management

Provides an overview of the current status

of a Passport

2017 – What Has Changed? (2)

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Major Changes:

More emphasis on the role and responsibilities of the APMU

Addition of some time frames for the sending and reviewing of

Passports

Sending and reviewing passports in the absence of an ATPF

Clarified that Experts should be external to the ADO and APMU,

except for the steroid module where the APMU can act as first expert

if associated to a lab

Results Management in ABP cases

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In ADAMS, WADA receives a copy of all ATPF notifications triggered by a specificity higher than 99.9% (and not 99%)

Monitoring by WADA ABP Team until the APMU reports a “likely doping” based on the consensus of 3 experts → APF

Results management shall proceed (Code article 7.5):

Monitoring of APFs by WADA Legal Department afterwards. Legal Department receives a copy of all “Likely doping” notifications in ADAMS

Specific attention to the disqualification of results when reviewing decisions

Monitoring by WADA

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