8.0 — Review of TUE Decisions by WADA Internationaal Verdrag tegen doping in de sport
Review of TUE Decisions by WADA
8.1 Code Article 4.4.6 provides that WADA, in certain cases, must review TUE decisions of International Federations, and that it may review any other TUE decisions, in each case to determine compliance with the Article 4.1 and 4.2 conditions. In relation to the Article 4.2 conditions, WADA shall establish a WADA TUEC that meets the requirements of Article 5.3 to carry out such reviews. In relation to the Article 4.1 conditions, these can be reviewed by WADA (which may, at its discretion, consult with a member(s) of a WADA TUEC).
8.2 Each request for review must be submitted to WADA in writing and must be accompanied by payment of the application fee established by WADA, as well as copies of all of the information specified in Article 6.4 (or, in the case of review of a TUE denial, all of the information that the Athlete submitted in connection with the original TUE application). The request must be copied to the Anti-Doping Organization whose decision would be the subject of the review, and to the Athlete (if they are not requesting the review).
8.3 Where the request is for review of a TUE decision that WADA is not obliged to review, WADA shall advise the Athlete as soon as practicable following receipt of the request whether or not it will review the TUE decision. Any decision by WADA not to review the TUE decision is final and may not be appealed. However, the TUE decision may still be appealable, as set out in CodeArticle 4.4.7.
8.4 Where the request is for review of a TUE decision of an International Federation that WADA is obliged to review, WADA may nevertheless refer the decision back to the International Federation (a) for clarification (for example, if the reasons are not clearly set out in the decision); and/or (b) for re-consideration by the International Federation (for example, if the TUE was only denied because medical tests or other information required to demonstrate satisfaction of the Article 4.2 conditions were missing).
[Comment to Article 8.4: If an International Federation refuses to recognize a TUE granted by a National Anti-Doping Organization only because medical tests or other information required to demonstrate satisfaction of the Article 4.2 conditions are missing, the matter should not be referred to WADA. Instead, the file should be completed and re-submitted to the International Federation.]
8.5 Where a request for review is referred to the WADA TUEC, the WADA TUEC may seek additional information from the Anti-Doping Organization and/or the Athlete, including further studies as described in Article 6.7, and/or it may obtain the assistance of other medical or scientific experts as it deems appropriate.
8.6 WADA shall reverse any grant of a TUE that does not comply with the Article 4.1 and 4.2 conditions (as applicable). Where the TUE reversed was a prospective TUE (rather than a retroactive TUE), such reversal shall take effect upon the date specified by WADA (which shall not be earlier than the date of WADA’s notification to the Athlete). The reversal shall not apply retroactively and the Athlete’s results prior to such notification shall not be Disqualified. Where the TUE reversed was a retroactive TUE, however, the reversal shall also be retroactive.
8.7 WADA shall reverse any denial of a TUE where the TUE application met the Article 4.1 and 4.2 conditions (as applicable), i.e., it shall grant the TUE.
8.8 Where WADA reviews a decision of an International Federation that has been referred to it pursuant to CodeArticle 4.4.3 (i.e., a mandatory review), it may require whichever Anti-Doping Organization “loses” the review (i.e., the Anti-Doping Organization whose view it does not uphold) (a) to reimburse the application fee to the party that referred the decision to WADA (if applicable); and/or (b) to pay the costs incurred by WADA in respect of that review, to the extent they are not covered by the application fee.
8.9 Where WADA reverses a TUE decision that WADA has decided in its discretion to review, WADA may require the Anti-Doping Organization that made the decision to pay the costs incurred by WADA in respect of that review.
8.10 If applicable, WADA shall communicate the reasoned decision of the WADA TUEC promptly to the Athlete and to their National Anti-Doping Organization and International Federation (and, if applicable, the Major Event Organization).
- Regeling
- Internationaal Verdrag tegen doping in de sport
- Soort
- Verdrag
- Geldend vanaf
- 01-01-2026
- BWB-id
- BWBV0001829
- Versie
- 2026-01-01_0