Happy Copenhagen, the host organisation for Copenhagen 2021 EuroGames, is aligned with the Anti-Doping Policy of Anti-Doping Denmark.
The following Policy is our English translation of the Danish original. The English translation is provided as a guide but the ratified policy that we follow will always be the Danish original.
Doping Regulations under Danish Sports Association (DIF), Danish Corporate Sports Federation (Corporate Sport) and DGI
§ 1: Doping Regulations and World Anti Doping Code
Danish sports organisations are part of the fight against doping to promote health and justice in sport, both in the field of elite and competition and in the field of amateur sport. Against this background, the organisations have drawn up this Common Rules of Conduct for the Handling of Doping Cases and concluded a cooperation agreement. The organisations cooperate with Anti Doping Denmark in the performance of the tasks arising from this Doping Regulations.
Paragraph 2. Organisations shall respect the World Anti-Doping Code and, by any interpretation, this shall take precedence over this Regulation. As its primary target group, the sport has elite and competitive sport, but a national anti-doping organisation may choose to extend its anti-doping programme to people who participate in lower-level competitions or are active in exercise activities without participating in competitions. This is the case in Denmark.
Paragraph 3. These doping regulations are based on the agreement on “National Exercise Programme” and “National Sanctions Model” between the Ministry of Culture, Anti Doping Denmark, DIF, Corporate Sport, DGI and Dansk Fitness and Helse Organisation.
§ 2: Who do the doping regulations apply to?
The Rules of Doping shall apply to all practitioners who participate in exercise activities for training, physical activity and health, as well as socialising and who are members of or by any other agreement, practice sport, exercise or fitness in associations or independent institutions which are members of the otherwise affiliated to the DIF (see paragraph 3), company sport or DGI. These exercise activities also include participation in organised exercise activities at local level and association-ranked club competitions and similar lower competitive activities that do not fall within the World Anti Doping Code definition of contestant. The Doping Regulations also apply to member organisations, associations and independent institutions, as well as managers and coaches of the DIF, Company Sport or DGI.
Paragraph 2. The activities covered by the activities and other natural and legal persons covered by paragraph 1 are bound by these Regulations and are obliged to submit to the doping control carried out by Anti Doping Denmark and to provide Anti Doping Denmark with any assistance it deems necessary for the conduct of doping control and the investigation of violations of these Regulations.
Paragraph 3. Athletes covered by The Anti Doping Denmark Competition Programme, as well as managers and coaches associated with these activities, are subject only to the DIF and Anti Doping Denmark’s National Anti-Doping Rules for Elite and Competition Sport in accordance with the World Anti Doping Code.
Paragraph 4. Questions about the subject of doping regulations and athletes are initially decided by Anti Doping Denmark in connection with the sampling. During the proceedings, Anti Doping Denmark may contact the DIF to determine whether the athlete is covered by the National Anti-Doping Rules or these Regulations. The decision may result in the case being administratively transferred to the appropriate body for consideration. Each case is dealt with in accordance with the rules applicable to the highest level of competition on which the practitioner competes. An athlete may at any time ask the DIF for an answer as to the doping acquis to which he is subject.
Paragraph 5. Members of centres are subject to these doping regulations as regards the provisions of Section 12 on an appeal to the DIF Board of Appeal.
§ 3: What is doping and what is prohibited?
Doping means the presence of a prohibited substance or its metabolites or markers in a doping sample. A prohibited substance means a substance prohibited under the list of prohibited substances established by the World Anti Doping Agency (WADA).
Paragraph 2. The use or attempt of an activity to use a prohibited substance or method shall be prohibited. It is the sole responsibility of the practitioner to ensure that no prohibited substance enters their body and that no prohibited method is used. It is therefore not necessary to prove intent, guilt, negligence or deliberate use by the practitioner before a breach of the rules can be found. Whether the use or attempted use of a prohibited substance or a prohibited method is not relevant. It is sufficient that the prohibited substance or method was used or attempted to infringe an anti-doping rule.
Paragraph 3. Possession and trafficking of prohibited substances or prohibited practices is prohibited. Trade also includes offering, selling, giving, prescribing, transporting, transmitting, transferring or supplying a prohibited substance to an activity whether done directly or through one or more third parties. However, it does not include the trafficking or supply by medical staff of a prohibited substance for genuine and lawful therapeutic purposes.
Paragraph 4. Refusing or without compelling cause not contributing to the submission of a test, after being summoned to do so in accordance with the applicable procedure of Anti-Doping Denmark, or otherwise evading a test, shall be prohibited.
Paragraph 5. Cheating or attempted cheating with any part of the doping control shall be prohibited. Cheating means conduct that undermines the doping control procedure but does not otherwise fall within the World Anti-Doping Code’s definition of prohibited methods. Cheating includes intentional interference or attempted interference with a doping controller’s work, the provision of false information to Anti-Doping Denmark, the Doping Board or the appellate body, or a threat or attempted threat to a potential witness.
Paragraph 6. The possession of prohibited substances or prohibited practices by an activity manager of prohibited substances or prohibited practices outside of competition shall be prohibited unless the activity provider proves that the possession is for health reasons or for any other acceptable reason.
Paragraph 7. The award or attempt hereof a prohibited substance or method to an activity subject during competition or the award or trial thereof of a prohibited substance or method prohibited by an activity outside competition shall be prohibited.
Paragraph 8. Encouragement, support, assistance, cover-up or other complicity in violation of these Regulations shall be prohibited.
Section 4: Doping controls
Only Anti-Doping Denmark can carry out doping checks in accordance with this Doping Regulations, and Anti-Doping Denmark determines the time and place of control.
Paragraph 2. Doping controls can be carried out without notice anywhere, at any time before and outside competition.
Paragraph 3. The doping control takes place in accordance with Anti-Doping Denmark’s doping control procedure.
§ 5: Analysis of the doping sample
An analytical result is positive when a positive A sample from a WADA accredited laboratory or other laboratory designated by Anti-Doping Denmark is available.
Paragraph 2. However, the activity operator may require the B sample to be analysed at his own expense. Should the analytical result of the B test be negative, the doping case will be raised. If the operator does not require the B sample to be analysed, this will be interpreted as if the operator has renounced analysis of the B sample. The operator or his representative shall have the right to attend, at his own expense, the opening and analysis of the B test and to obtain a copy of the analytical results of the A test and, if any, the B test.
§ 6: Evidence of doping and other offences
Anti-Doping Denmark has the responsibility to prove that a violation of these regulations has taken place. Facts about violations of anti-doping rules can be obtained by all reliable means, including confessions. In all cases brought before the Court of Appeal and the appellate court, the requirement of proof must be higher than a predominant probability, but it is not required that any doubts have been removed.
Paragraph 2. Where these Regulations place the burden of proof in order to disprove a presumption or prove specific facts or circumstances to the activity or other person indicted for breach of an anti-doping rule, the risk is reasonable.
Paragraph 3. If the analytical result shows findings over the specified reporting limit of substances produced naturally in the body, it is for the practitioner to prove that the presence is due to a physiological or pathological state.
Paragraph 4. They are subject to the presumption that laboratories with WADA accreditation and other laboratories designated by Anti-Doping Denmark carry out analyses of samples and comply with storage procedures in accordance with the international standard for laboratory analysis. However, if the practitioner can prove that there have been deviations from the international standard that may reasonably have led to the positive analytical result, Anti-Doping Denmark must prove that the deviation did not result in the positive analytical result.
Paragraph 5. If one or other person can demonstrate procedural errors or deviations from another international standard or policy that may reasonably have resulted in a positive analysis or other violation of anti-doping rules, It is for Anti-Doping Denmark to demonstrate that such a deviation did not result in the positive analytical result or constitute the specific basis for the anti-doping acquis infringement.
Paragraph 6. Factual circumstances established by a court or tribunal-like disciplinary board may be used as evidence in cases under this Rules on Doping.
§ 7: Medicine and medical trials
For health reasons, it may be necessary to take medicines which are on the list of prohibited substances, and such ingestion is not considered a violation of the Doping Regulations. However, athletes covered by these doping regulations shall disclose the use of medicines in the case of doping controls. In the case of medically prescribed medicines, this must subsequently be documented by the prescriber on request.
Paragraph 2. In the event of a positive test, no charges will be brought for violation of the Doping Regulations if Anti-Doping Denmark finds it documented that the cause of the positive sample is medically conditional. Medical prescription is considered sufficient evidence in itself.
Paragraph 3. Athletes covered by these doping regulations may, with the prior written permission of Anti-Doping Denmark, participate in approved medical trials involving the taking of substances on the list of prohibited substances. It is a violation of the Doping Regulations if the practitioner violates the terms of such authorisation.
§ 8: Proceedings and the re-examination of cases
All cases of violation of these Regulations are investigated and pursued by Anti-Doping Denmark.
Paragraph 2. Anti-Doping Denmark shall be obliged to deal with cases as soon as possible and shall decide on temporary exclusion and referral to the Doping board and the appealbody.
Section 9: Duty of witness and truth and witness protection
Persons summoned by the Anti-Doping Denmark, the Doping Board or the appellate body for an interview for a possible violation of these doping regulations shall be obliged to appear at the time and to speak the truth in all respects. Infringement of this provision may be punishable under Section 13.
Paragraph 2. If there are crucial reasons for anonymity, Anti-Doping Denmark may decide that the identity of doping inspectors and witnesses in doping cases is not brought to the attention of the respondent. In such cases, Anti-Doping Denmark may also decide that explanations from the persons concerned can be made without the presence of the respondent. The respondent shall be made aware of the explanations given without identity information.
Paragraph 3. The respondent may refer Anti-Doping Denmark’s decision under paragraph 2 to the Doping Board within 7 days of receipt of the decision. Referral to the Doping Board shall not have suspensive effect. The decision of the Doping Board must be available within one month of receipt of the referral and cannot be appealed.
§ 10: Temporary exclusion
If the analytical results of the A-test show the presence of doping substances, or Anti-Doping Denmark finds any other violation of the Doping Regulations, Anti-Doping Denmark may, without a party hearing, temporarily exclude the person concerned from all training and competition activities, as well as any unpaid or paid duties, within associations and independent institutions of Company Sport, DGI and DIF.
Paragraph 2. The provisional exclusion shall be calculated from the date on which the person concerned has been notified thereof. Notification of temporary exclusion shall be made by documented consignment. The association and the organisation of the sports concerned shall be notified by ordinary letter or by email.
Paragraph 3. The person concerned may refer Anti-Doping Denmark’s decision temporarily to the Doping Board within 7 days of receipt of the decision. Referral to the Doping Board shall not have suspensive effect. The decision of the Doping Board shall be available within one month of receipt of the referral and shall not be subject to appeal.
§ 11: Doping board
The Board of Directors shall decide on violations of these regulations and on related penalties.
Paragraph 2. The Doping Board has seven members. The company will appoint one member and the DGI each three members. At least three members of the Doping board must have passed the legal master’s degree and at least two members of the Doping board must have medical background. Members shall be appointed for two years with the possibility of reappointment. No members may be appointed who, during the term of office, are either employees or perform elected posts in the organizations.
Paragraph 3. The Doping Board elects its chairman. The Chairman shall be elected from among the members appointed by the DGI, unless otherwise decided by the Doping Board. The President must have passed a law degree.
Paragraph 4. The proceedings shall be heard in writing, unless the respondent has requested oral treatment or if the Tribunal decides to do so. However, the President may provide that questions of temporary exclusion and formality issues shall be dealt with in writing. The oral examination of a case is public. No recording, recording or recording shall be carried out on audiotapes of the negotiations. Where exceptional circumstances therefore speak, including the consideration of the information provided or the fact that a party is not subject to undue infringement, there may be a door closure.
Paragraph 5. The respondent may be accompanied by an assistant of his choice at the course of the proceedings. The Board of Appeal may, at the request of the respondent, appoint a lawyer whose remuneration shall be determined by the Board.
Paragraph 6. At least two and a maximum of three members of the Doping board shall be divided in the course of proceedings, at least one of whom must have passed a law degree. If the Chair of the Board of Directors does not take part in the examination of the case, the Doping board shall appoint an acting chairman. They must have passed a law degree. In the event of a tie, the chair’s vote shall be cast.
Paragraph 7. The decision of the Doping Board shall be available within four months of the date on which the case has been referred to the Board, except in exceptional circumstances. The decision shall be communicated to the respondent by documented consignment and others who must be notified of the decision by email or ordinary letter.
Paragraph 8. The Board of Appeal may decide on the costs, which may include reasonable expenses incurred for the purposes of the information of the case.
Paragraph 9. The decisions of the Doping Board are recorded in accordance with the provisions of the Law on the Promotion of Integrity in Sport.
Paragraph 10. Moreover, the Doping Board shall adopt its rules of procedure.
§ 12: Appeals
Decisions of the Danish Doping Board may be referred by the respondent and Anti-Doping Denmark to the DIF’s Board of Appeal. Decisions of dfho centres may be referred to the DIF’s Appellate Body by the respondent, Anti-Doping Denmark and DFHO.
Paragraph 2. The referral shall be made in writing by a reasoned letter of appeal, which must be received by the DIF Board of Appeal within four weeks of receipt of the decision. The referral shall not have suspensive effect unless the DIF’s Appellate Body so decides.
Paragraph 3. In addition, the proceedings before the DIF’s Appellate Body are governed by provisions of sections 24-25 of the DIF And the DIF’s Legislative Regulation II (Legislative Regulation of the DIF’s Court of Appeal).
Paragraph 4. The decisions of the DIF Appellate Body shall be recorded in accordance with the provisions of the Law on the Promotion of Integrity in Sport.
Paragraph 5. The decision of the DIF Appellate Court may not be referred to any other body within the Corporate Sport, the DGI, THE DIF or DFHO.
§ 13: Sanctions
Those found guilty of breaching these Doping Regulations shall be excluded for two years from all activity covered by this Regulation, in accordance with Section 2(1), and any unpaid or paid duties within associations and independent institutions of the Company Sport, DGI and DIF, in accordance with Section 17. However, the Board of Appeal of the Doping Board or the Board of Appeal of the DIF may, in the course of the decision or, under the exclusion, decide that individual activities should be exempted from the exclusion.
Paragraph 2. In addition, the person shall be excluded for four years from competitive activities covered by the National Anti-Doping Rules, in accordance with Section 2(3) of the present Doping Regulations.
Paragraph 3. If the person concerned has previously received a sanction for violation of the doping rules either in accordance with these regulations, in accordance with the National Anti-Doping Rules, in accordance with rules established by the DFHO or in accordance with rules established by parties with whom Anti Doping Denmark has concluded a cooperation agreement under Section 9 of the Act on the Promotion of Integrity in Sport and associated ordinance, exclusion shall be made for at least four years. However, in the case of the substances referred to in paragraph 4, exclusion shall be at least three years. From the third infringement, exclusion can be permanently imposed. If the infringement of Section 3 occurs during an exclusion period, the new exclusion shall be calculated from the end of the pending exclusion.
Paragraph 4. Doping with substances which are specifically mentioned on WADA’s list of prohibited substances as substances which are particularly prone to inadvertent infringement of these regulations because they appear in many medicinal products or which are not normally misused as a doping substance (specific substances) are punishable by at least one warning and at most for a maximum of one year if the practitioner can prove that the use of the specific substance was not intended to improve a sports performance. In the second case, the penalty may increase to two years’ exclusion and from the third offence to permanent exclusion.
Paragraph 5. If the person concerned can prove that they are not guilty or have not been negligent in relation to the infringement, the exclusion shall lapse. If the exclusion lapses, the infringement shall not have a repetitive effect.
Paragraph 6. If the person concerned can prove that they are not in substantial fault or have not shown material negligence, the duration of the exclusion may be reduced. A reduction may also take place if the Board of Appeal of the Board of Appeal of the Doping Board considers that special considerations, including the social situation of the person concerned, are applicable.
Paragraph 7. Anyone who encourages or contributes to a person using doping or otherwise violates these Regulations, or who sells or transfers doping substances that are on WADA’s doping list or possess such substances for the purpose of transfer to others shall be excluded for at least four years.
Paragraph 8. In the case of exclusion for more than four years, the Court of Appeal may, once four years of the exclusion has been granted, at the request of the person concerned, lift the exclusion in whole or in part.
Paragraph 9. A participant who is tested positive in individual competition is disqualified from competition regardless of the outcome of a subsequent doping case. If the competition in question was part of a larger competition, the disqualification may apply from all competitions in that competition. In team sports, the member organisation’s disqualification rules apply.
§ 14. Comprehensive assistance in detecting anti-doping offences
The Board of Directors may, in the course of the decision in a case or before a final appeal decision under Section 12 or the expiry of the appeal period laid down in Section 12, Paragraph 2 shall terminate part of the exclusion period imposed in a case in which the athlete or other person has provided extensive assistance to Anti-Doping Denmark, the police or a professional disciplinary body which results in Anti-Doping Denmark discovering another person’s violation of the anti-doping rules or which results in the police or disciplinary body discovering or detecting another person’s offence or breach of professional rules. The extent to which the otherwise applicable exclusion period may be lifted shall be based on the seriousness of the infringement of the anti-doping rules committed by the practitioner or other person and the importance of the extensive assistance provided by the practitioner or other person in the efforts to eliminate doping in sport.
Paragraph 2. No more than three-quarters of the otherwise applicable exclusion period may be lifted. If the otherwise applicable exclusion period is life, the non-rescinded period under § 14 may not be less than eight years.
Paragraph 3. If the Danish Anti-Doping Board subsequently reinstates part of the repealed exclusion period because the athlete or another person has failed to provide the expected comprehensive assistance, the practitioner or other person may appeal the reintroduction under Section 12.
§ 15. Concession without other evidence
If an activity-organiser or other person voluntarily admits to having committed an infringement of the anti-doping rules before receiving notification of a sampling that may result in an infringement of the anti-doping rules or, in the case of any other infringement of the anti-doping rules, before receiving the first notification of the infringement committed, and this admission is the only reliable evidence of the infringement at the time of granting the infringement, the exclusion period may be reduced, but not to less than half of the exclusion period that would otherwise apply.
§ 16: Exclusion start date
The exclusion period shall enter into force on the date on which the Doping Board decides upon an exclusion penalty. However, a temporary exclusion shall be included in the total exclusion period.
§ 17: Exclusion status
An activity-worker or other person who is excluded shall not, under the exclusion, participate in competitions or activities, including training camp, show or training, approved or organised by the DIF or its specialised federations, DGI, Company Sport or a club/association below, or in competitions approved or organised by a professional league or organisation organising sporting events at international or national level.
Paragraph 2. If a person who is excluded violates the prohibition of participation under the exclusion as described in paragraph 1., the person shall be disqualified from the results of such the original exclusion period starts again from the date of the infringement. The new exclusion period may be reduced under the reduction provisions of this Regulation if the activity operator or the other person demonstrates that he or she is free of guilt or negligence or without material fault or negligence for the violation of the prohibition on participation.
Paragraph 3. The exerciser of an activity or another person excluded shall be required to be tested for doping during the exclusion period.
Paragraph 4. Cases of violation of § 17 are decided by the Doping Board on appeal to the DIF Board of Appeal in accordance with the rules of Section 11 and § 12.
§ 18: Obsolescence
An infringement of these regulations shall not be in accordance with the statute of limitations. The limitation period shall be 10 years and shall be calculated from the date on which the infringement has ceased. The limitation period shall be interrupted when the person concerned is made aware that Anti-Doping Denmark has initiated proceedings against the person concerned.
Section 19: Registrations
Doping samples taken in accordance with this Doping Regulations and resulting doping cases are recorded in Anti-Doping Denmark as “non-WADAsamples”.
Paragraph 2. For persons covered by these Rules of Doping, no information on doping control and doping cases shall be provided to WADA or any international sports organisations.
Paragraph 3. Anti-Doping Denmark keeps a register of doping-excluded persons in accordance with the provisions of the Law on the Promotion of Integrity in Sport. Access to the register is governed by Anti-Doping Denmark’s applicable rules at all times.
§ 20: Mutual recognition
The three organisations recognise and implement decisions concerning sanctions, waivers and sampling by other anti-doping organisations in accordance with the World Anti Doping Code.
Paragraph 2. The three organisations recognise and implement decisions concerning sanctions, waivers and sampling by DFHO and by parties with which Anti-Doping Denmark has concluded a cooperation agreement under Section 9 of the Law on the Promotion of Integrity in Sport and related Regulations. However, at the request of the court, the Board of Appeal of the Danish Doping Board and the Dif Appellate Body may review such decisions with regard to the right to participate in activities and activities under DIF, Company Sport and DGI.
§ 21: Rule changes
Within the framework of the World Anti Doping Code in force at any time, the three organisations may, in agreement and after consulting Anti-Doping Denmark, amend this Regulation. Each organisation decides for itself the decision-making power of the organisation’s bodies.
Paragraph 2. If one of the three organisations wishes to withdraw from the cooperation, this shall be done with at least six months’ notice by written notification.
§ 22: Entry into force
The Doping Regulations entered into force on 1 January 2009. The Regulations have been amended on 1 December 2010, 1 February 2013, 1 January 2015 and with effect from 1 January 2019.
Cases pending as of 1.1.2019 before the Joint Doping Appeals Tribunal will be finalised by this body.
Thus adopted by DIF, DGI and Firmasport in December 2018