KFPS EQUINE ANTI-DOPING REGULATIONS
Table of Contents
Clause 1. Regulations and List of Prohibited Substances
Clause 2. Cooperation with other Equestrian Organisations
Clause 3 Criminal liability for the Use or Administration of Prohibited Substances
Clause 4. Responsibilities of Members
Clause 5. Advisory Committee Prohibited Substances
Clause 6. Supervising Veterinarian
Clause 7. Doping Check Location
Clause 8. Designation for Check for Prohibited Substances
Clause 9. Check for Prohibited Substances
Clause 10. Laboratory Research
Clause 11. Findings
Clause 12. Violations and Sanctions
Clause 13. Liability
Clause 1 Regulations and List of Prohibited Substances
1. These Anti-Doping Regulations shall be approved and amended by the Council of Members. These Anti-Doping Regulations have the objective to promote the health and wellbeing of horses as well as to promote that all horses can, as much as possible, compete under equivalent conditions at these events without the possibility to influence the horse´s performance in any way, either artificially or by the use or administration of any prohibited substances.
2. The List of Prohibited Substances listing all prohibited substances constitutes a part of these Anti-Doping Regulations. As prohibited substances, as referred to in the preceding sentence of these Anti-Doping Regulations, qualify both substances as well as methods and techniques.
3. The KFPS uses the list of prohibited substances (‘List of Prohibited Substances’) of the Fédération Equestre Internationale (FEI). The latest version of this List of Prohibited Substances prevails at all times.
4. The List of Prohibited Substances is available for inspection at the KFPS Studbook Office and copies are available on request. The most recent version of the List of Prohibited Substances is also published on the website of the FEI (www.fei.org) and on the website of the KFPS (www.kfps.nl).
5. These Anti-Doping Regulations and the prevailing List of Prohibited Substances apply to all members of the KFPS. Members relating to the participation of any horse at an event are held to comply with these regulations.
6. All members are expected to have knowledge of these Anti-Doping Regulations and the prevailing List of Prohibited Substances. All members have the obligation to ensure that they have knowledge of the prevailing List of Prohibited Substances at all times. Any appeal for ignorance with the List of Prohibited Substances and/or the substances mentioned therein is unsustainable.
7. In these Anti-Doping Regulations the term ‘member’ refers to the member under whose name the horse that has been subjected to a check for prohibited substances is registered, and whose horse is found to be ‘positive’ after testing of the taken sample, meaning that the sample contained a prohibited substance.
8. In cases not covered by these Anti-Doping Regulations the Governing Board shall decide.
Clause 2 - Cooperation with other Equestrian Organisations
1. When implementing these regulations, designating a supervising veterinarian, purchasing sample kits and posting of these to the laboratory, carrying out checks for prohibited substances, examining taken samples at a laboratory and forwarding results of the laboratory, the KFPS is entitled to cooperate with one or several equestrian organisations and on doing so to make use of the services of said organisations.
2. The cooperation takes place on the basis of delegated authority granted to the other equestrian organisation by the Governing Board, with the delegation falling under the responsibility of the Governing Board.
3. These Anti-Doping Regulations remain applicable in case the Governing Board has delegated any form of authority to another equine organisation, unless specific competition regulations state otherwise.
Clause 3 Criminal liability of the Use or Administration of Prohibited Substances
1. The use or administration of (groups of) substances mentioned on the List of Prohibited Substances is prohibited. Being in possession of any forbidden substance or hypodermic syringes or hypodermic needles on the grounds of an event including the location of the stable blocks is also prohibited. Possession of any forbidden substance or hypodermic syringes or hypodermic needles on the grounds of an event is only permitted to the attending veterinarian after said veterinarian has reported himself in the capacity as such to the Stallion Inspection Committee, the Re-inspection Committee or the Mare Inspection Committee on the site of the event. Violation of the aforesaid prohibition constitutes a violation of these Anti-Doping Regulations and may be punished in accordance with these Anti-Doping Regulations and the Disciplinary Regulations.
2. If a substance is prohibited from a certain threshold level there shall not be a violation until that threshold level is exceeded.
3. It is forbidden to participate in an event with a horse whose body contains a prohibited substance. The mere fact that a doping check for prohibited substances reveals a prohibited substance to be present in the horse´s body constitutes a violation of these Anti-Doping Regulations.
4. A violation shall be punishable if and as soon as expert analysis and if applicable counter analysis reveal the presence of a prohibited substance, if found in the prohibited quantity or concentration.
5. Punishability shall not be lifted if the prohibited substance was administered by a third party, either during grooming, care, training or veterinary treatment or if the prohibited substance was present in the feed or has entered the body of the horse in any other manner.
6. The member is at all times responsible for the presence of any prohibited substance in the horse´s body. The member shall also be responsible in case he is not present at a check for prohibited substances and is represented by another person, and in all other cases where the member has not been able to exert any influence on the presence of a prohibited substance. In aforementioned cases the owner bears strict liability.
7. The member shall not only be punishable if the presence of any prohibited substance is established but also in case any other clause of these Anti-Doping Regulations is violated, either because the member does not at all, incorrectly or not timely provide the required cooperation in the prescribed manner or in case of the member´s negligence. In this context the member shall also be responsible for the acts or negligence on the part of third parties.
8. Criminal liability also applies to any incitement of, complicity in, committing and/or abetting in any violation of these Anti-Doping Regulations.
9. The punishability as provided in this Clause shall apply to both members as well as their horse. In cases of punishability the disciplinary bodies of the KFPS shall determine on whom the sanction will be imposed. The KFPS Disciplinary Regulations shall apply.
Clause 4 Obligations of Members
1. The member is held to submit his horse which has been designated for a check for prohibited substances at the specified time and the specified location for said check for prohibited substances and to allow the extraction of blood, urine and/or hair samples. The check for prohibited substances may be held both during and outside of events as well as in the Netherlands and abroad.
2. The provisions in paragraph 1 shall not apply if the supervising veterinarian rules that the designated horse is not required to undergo the check for prohibited substances on the basis of Clause 9 paragraph 2 of these regulations.
3. The member is required to provide full and timely assistance as requested with respect to the check for prohibited substances and for that purpose to be present at the relevant location himself, or to be represented at the relevant location by a representative of at least eighteen years of age. In case neither the member nor an authorized representative designated by him is present at the relevant location, the designated horse will not be submitted to the check for prohibited substances, following which this violation will be penalised by a fine of €10,000.00. The designated horse may subsequently not participate in any event until it has been submitted to a check for prohibited substances and has undergone that check for prohibited substances in full. Contrary to the relevant wording in Clause 10 paragraph 11, any costs for the expertise, irrespective of outcome, will fall to the member.
4. The member is held before, during and after the check for prohibited substances to identify his horse by submission of the horse´s equine passport and by scanning of the horse's micro transponder. In case the horse cannot be identified in the prescribed way or in case of any doubts regarding the identity of the designated horse the Governing Board is authorized to order a DNA test at the expense of the member in question.
5. At the control location the member is obliged to provide proof of his identity by means of his passport, driving license or identity document. In the event of representation, the representative is held to provide proof of his identity.
6. The member is responsible for fulfilling the obligations imposed on him by these Anti-Doping Regulations. In case the member is a legal entity then the obligations as stated in these Anti-Doping Regulations shall rest on the legal entity as well as its executives and shareholders.
7. In case these Anti-Doping Regulations allow a representative to fulfil a member´s obligation, the relevant member remains fully responsible for the representative´s acts and omissions even when the representative doesn´t render, at least not completely or timely, the obligations resting on the member. The member is held to fully and timely inform his representative of the obligations resting on the member by force of these Anti-Doping Regulations. Any violation by the representative will be regarded as a violation by the member.
8. In the context of a check for prohibited substances the representative as described under clause 7 is held to render all obligations resting on the member.
Clause 5 Advisory Committee Prohibited Substances
1. The Governing Board shall appoint the members of the Advisory Committee Prohibited Substances.
2. The members of the Advisory Committee Prohibited Substances are appointed on the basis of their specific knowledge and expertise. Members who participate in events, veterinarians who treat horses that participate in events, supervising veterinarians and those persons who are either directly or indirectly involved with the designated horses cannot have a seat on the Advisory Committee Prohibited Substances.
3. The Advisory Committee Prohibited Substances advises the Governing Board, the Disciplinary Committee and the Appeals Committee in matters relating to the use or administration of prohibited substances.
4. Strictly only the Governing Board, the Disciplinary Committee and the Appeals Committee of the KFPS as well as judges and government officials involved in governmental jurisdiction can turn to the Advisory Committee Prohibited Substances for advice. Members have no direct access to the Advisory Committee Prohibited Substances for advice.
Clause 6 Supervising Veterinarian
1. The supervising veterinarian is appointed by the Governing Board and will be assigned to events by the Direction. The Direction shall equip the supervising veterinarian with a KFPS identity card, which shall be used by the supervising veterinarian in question to identify himself within the context of a check for prohibited substances. In the event of any form of cooperation as stated under clause 2, the appointment of the supervising veterinarian can also befall to the equestrian organisation to whom the Governing Board has delegated this authority. If necessary, this equestrian society is also authorised to supply the supervising veterinarian with an identity card.
2. The supervising veterinarian must be independent and have no direct or indirect interest in a horse that is assigned to him for a check for prohibited substances.
3. A supervising veterinarian does not have to be a member of the KFPS, but is no sooner authorized to carry out checks for prohibited substances until after he has signed a declaration by which he submits himself to the Statutes, Regulations, including these Anti-Doping Regulations, and rulings of any bodies of the KFPS. In case the supervising veterinarian is a member of the KFPS he will by virtue of that membership be bound to the aforementioned Statutes, Regulations and rulings.
4. The supervising veterinarian shall not be allowed to exercise his office if, in the year before, he has worked for the member whose horse has been designated for a check for prohibited substances.
5. The supervising veterinarian is held to carry out the checks for prohibited substances with due observance of the provisions stated in these Anti-Doping Regulations.
Clause 7 Doping Check Location
1. The doping check location must be situated in the immediate vicinity of the location where the event takes place. For sample-taking the supervising veterinarian shall have at his disposal the number of testing boxes as determined by the Direction.
2. If no testing boxes are available the check for prohibited substances shall be carried out anyhow and the supervising veterinarian shall determine on an alternative way to allow the check for prohibited substances to go ahead.
3. Access to the doping check location shall have: the supervising veterinarian and his assistant, the member and the designated horse, as well any other persons given access by the supervising veterinarian.
4. A designated horse may leave the doping check location no sooner than after the prescribed sample has been taken, the check for prohibited substances has been completed according to the opinion of the supervising veterinarian and the member has signed the doping check form.
5. With regard to the obligations as stated in this Clause, the member is allowed to be represented by a representative who will act on behalf of the member in question. The provisions of Clause 4 paragraph 7 shall as then apply to the member in question.
Clause 8 Designation for Check for Prohibited Substances
1. The KFPS is authorized to carry out checks for prohibited substances at events both in the Netherlands and abroad. In case an event lasts several days, the same horse may be subjected to multiple checks for prohibited substances during those days.
2. A member is held to submit his horse to a check for prohibited substances if the horse is designated for such a check. In case neither the member himself nor his representative is present at the check for prohibited substances the member shall irrevocably waive the right for appeal against procedures followed at the check for prohibited substances.
3. Any member participating in a check for prohibited substances with his designated horse shall always do so at the member´s own risk and at his own expense, and shall ensure that he has adequate statutory liability insurance. The member indemnifies the supervising veterinarian and others who assist in the check for prohibited substances against any statutory liability with respect to his designated horse.
4. It is at the discretion of the Direction and Jury to determine how many horses will be subjected to a check for prohibited substances during an event. In consultation with the Direction the supervising veterinarian shall designate the horses that will be subjected to a check for prohibited substances at the event.
5. The designation of horses shall, principally, be done at random. The Jury, the Direction or the supervising veterinarian are authorised to deviate from this procedure without stating any reasons and can opt for another method of designation.
6. At an event the Jury or the supervising veterinarian are also authorised to designate a specific horse by name to be subjected to a check for prohibited substances on the basis of suspicions.
7. The designation of a horse for a check is binding. There is no option for appeal against this decision.
8. The supervising veterinarian or an official delegated by the supervising veterinarian shall inform the member that his horse has been designated for a check for prohibited substances.
9. With regard to the obligations as stated in this Clause, the member is allowed to be represented by a representative who will act on behalf of the member in question. The provisions of Clause 4 paragraph 7 shall as then apply to the member in question.
Clause 9 – Check for Prohibited Substances
1. Immediately after the designation by the supervising veterinarian the horse shall be subjected to a check for prohibited substances. The time of the check for prohibited substances shall be determined by the supervising veterinarian.
2. The supervising veterinarian has the authority to decide not to subject a designated horse to a check for prohibited substances in case of special circumstances for reasons of serious veterinary nature and in case of dangerous behaviour of the horse.
3. In the event of a horse´s death or euthanasia during the event, a check for prohibited substances can be carried out in case the Direction believes there is reason to do so.
4. The KFPS shall provide the supervising veterinarian with sample boxes for sample-taking. The closed sample box shall be opened in the presence of the member and strictly only materials from that box shall be used. Sealing of the samples shall be done by the supervising veterinarian in the presence of the member.
5. The check for prohibited substances shall be carried out by collecting urine and/or blood. In cases when the collection of the required volume of urine has not been completed within 30 minutes after the start of the check or when the collection of urine is not possible for logistical reasons the check for prohibited substances shall be carried out by taking a blood sample. The supervising veterinarian is also authorised to take hair samples from the horse and to check these for prohibited substances.
6. The supervising veterinarian is responsible for taking samples from the designated horse.
7. Labelling of the samples shall be done by the supervising veterinarian in the presence of the member.
8. An A- and a B sample shall be taken from the designated horse with urine and/or blood and if necessary a hair sample. The supervising veterinarian shall determine the volume of urine, blood and/or hair to be extracted.
9. The member shall verify whether the materials used originate from the sample box which was opened in his presence, that these materials are unused, that the relevant samples have been taken from his designated horse, and that the samples have been sealed in his presence.
10. As soon as the check for prohibited substances has been completed, the supervising veterinarian and the member shall both sign the check form, following that the member shall receive a copy thereof. In case any irregularity has occurred during the check for prohibited substances the supervising veterinarian and the member are held to report said irregularity on the check form before signing thereof, and to add details concerning the reported irregularity. In case the check form does not contain reported details of the irregularity this implies that the member agrees the check for prohibited substances has taken place in full compliance with the regulations. After signing the member can no longer raise an appeal concerning any irregularity with regard to the check for prohibited substances.
11. Unless the KFPS takes over, it is the supervising veterinarian´s responsibility after the completion of the check for prohibited substances to arrange speedy transportation of the sample box with the samples to an address specified by the Direction. The supervising veterinarian is held to report in writing to the Direction whether the test for prohibited substances has been carried out in compliance with the provisions of these Anti-Doping Regulations. The supervising veterinarian shall also report the occurrence of any irregularities. The supervising veterinarian must send a carbon or other copy of the check form to the Direction within five days after completion of the check, if necessary with a supplementary report.
12. With regard to the obligations as stated in this Clause, the member is allowed to be represented by a representative who will act on behalf of the member in question. The provisions of Clause 4 paragraph 7 shall as then apply to the member in question.
Clause 10 Laboratory Research
1. The A sample shall be used for the expert analysis. The B sample shall be used for counter analysis.
2. The expert analysis and counter analysis shall be carried out by an FEI-listed laboratory with whom the Governing Board has concluded an agreement. Said agreement shall include an arrangement for the time frame within which both expert analysis and counter analysis must be performed by the laboratory. In the event of any cooperation as stated under clause 2 the agreement with the FEI-listed laboratory may also have been concluded by the equestrian organisation to whom the Governing Board has delegated the authority on the basis of this clause.
3. Analysis of the samples shall be carried out by the laboratory in the manner as agreed by the Governing Board or the equestrian organisation as mentioned in paragraph 2.
4. The sample box shall not be opened until after arrival in the laboratory. The laboratory official who opens the box shall report the condition of the sample box at the moment of opening on the form and whether the seal of the sample was intact or not. In the event that the sample box was opened on customs´ orders this shall not invalidate the check for prohibited substances if the seal of the samples is still intact.
5. In case the seal of a sample proves to be no longer intact after opening of the sample box, those samples shall not be used for expert analysis and counter analysis of the relevant horse. The laboratory shall notify the Direction thereof who in turn shall inform the member and the Governing Board.
6. The Direction shall as soon as possible communicate the results of the expert analysis to the member in writing.
7. In case the investigated A sample contains a prohibited substance and is therefore labelled as positive the member has the right to demand a counter analysis by means of the B sample within fourteen days of the date of the letter referred to in paragraph 6, such in due observance of the provisions of Clause 11. The counter analysis shall be carried out in the same laboratory where the expert analysis was carried out. The member does not have the option to request referral to another laboratory to carry out the expert analysis and counter analysis.
8. In case a member requests a counter analysis the Direction shall ask the laboratory to set a date and time for the counter analysis, of which the Direction shall inform the member in writing.
9. In addition to the employees of the laboratory any persons designated by the Governing Board may also be present at the moment of the expert analysis and the counter analysis. At the counter analysis an expert designated by the member may also be present.
10. If at any time before, during or after the analysis by the laboratory any question or problem arises with respect to the analysis or the sample, the laboratory is authorised, after having received instructions from the Direction, to carry out further analysis, testing and/or research to answer or solve the question or problem.
11. The costs of the expert analysis are at the expense of the KFPS. If the result of the counter analysis proves positive the costs are at the cost of the member. If the result of the counter analysis proves negative the costs of both the expert analysis and the counter analysis are at the expense of the KFPS. In case any further analysis, testing or research takes place as referred to in paragraph 10, the costs thereof shall be borne by the person who has requested those.
12. Any sample that has been examined by the laboratory shall be stored by the laboratory for a period of six months and then destroyed.
Clause 11 Findings
1. The laboratory shall communicate the findings of the expert analysis and counter analysis to the Direction in writing. In the event of any cooperation as stated under clause 2 the findings shall be passed on to the equestrian organisation which has concluded the agreement with the laboratory and said organisation shall in turn pass the findings as soon as possible on to the Direction. For each sample the laboratory shall report the number code of the barcode label and the qualification ‘negative’ or ‘positive’, as well as any other relevant information found. In case the qualification is ‘positive’ the laboratory shall also state which prohibited substance was detected in the sample, and if appropriate, in what quantity and/or concentration/ratio, as well as when applicable which forbidden method was discovered.
2. The Direction shall notify a positive finding by the laboratory in writing to the member and to the Chairman of the Governing Board. In case the result of the analysed sample is positive the notification in writing shall be sent by registered post and on receipt the Direction shall send the documents received from the laboratory relating to the sample and a copy of these Anti-Doping Regulations to the member.
3. The member shall submit the request for a counter analysis in writing to the Direction within fourteen days after the date of the result of the A sample, stating the number code of the barcode label of the sample. At the same time the member shall inform the Direction if the counter analysis will be attended by an expert delegated by him at his own cost. The counter analysis shall be performed on the B sample.
4. In case the member does not timely or fail to hand in a request for a counter analysis the findings of the A sample shall be considered definitive. In case the request for a counter analysis was handed in on time the findings of the B sample shall be considered definitive.
5. The findings of the expert analysis and counter analysis shall include all statements which were communicated to the Direction by the laboratory until after a maximum of eight weeks following the date of the relevant analysis, a period which can be prolonged with the same time if requested by the laboratory. If the laboratory – be that because of pending research and/or tests – communicates several statements with regard to a tested sample which are ambiguous, possibly of a contradictory nature or unclear, the Direction is authorised to, whether or not at the request of the member, ask the laboratory to produce a definitive result which shall be decisive as to whether or not the member has committed a violation.
6. With respect to any findings the Governing Board may be advised by the Advisory Committee Prohibited Substances, which shall have unlimited access to all the information obtained in the course of a check for prohibited substances.
7. The Governing Board shall at all times be authorized to inform members and third parties of the findings of an expert analysis and counter analysis, of the prohibited substances identified by the laboratory, as well as the name of the member and of his horse. The member cannot expect the Governing Board to refrain from any mention or any part of the findings (obtained from the laboratory) with respect to the aforementioned notification.
8. In case the findings of the expert analysis or – after counter analysis – findings of the counter analysis are positive, the Direction shall report a violation of these Anti-Doping Regulations to the Disciplinary Committee, of which the member shall be informed by the Direction with due observance of the statements in clause 2 and paragraph 8 of the Disciplinary Regulations. Said findings constitute the reported violation. The findings of the counter analysis – or in case no counter analysis has taken place – the findings of the expert analysis constitute the reported violation of the member. The disciplinary procedures are subject to the Disciplinary Regulations.
9. From the moment that a definitive positive result has been confirmed (a definitive positive result from the A sample if no counter analysis is carried out on the B sample or the verification of a positive result from the B sample), the member no longer has the right to participate in any scheduled or ongoing event with the relevant horse from the date when the member was notified of the findings by the Direction.
In case an event ends while the expert analysis or the counter analysis is still going on, the results of the event shall not be determined until after the findings of the expert analysis or counter analysis have become definitive. In case of a pending disciplinary case the member is not allowed to participate in any event with the horse concerned until after a final decision has been rendered in the disciplinary case.
Clause 12 Violations and Sanctions
1. If the findings of a sample are positive this constitutes a violation of these Anti-Doping Regulations.
2. The findings of a sample are qualified as positive if:
the qualification of the counter analysis is positive, or;
the qualification of the expert analysis is positive and the member does not submit any defence and/or does not request a counter analysis, or;
the member acknowledges a violation of these Anti-Doping Regulations, or;
the member fails to perform timely, fully or not at all any obligation that rests on him under these Anti-Doping Regulations.
3. The Disciplinary Committee and the Appeals Committee may request advice from the Advisory Committee Prohibited Substances or from any member of that Committee.
4. In case another violation other than a positive sample is identified the Governing Board is entitled to submit a reported violation to the Disciplinary Committee.
5. Treatment of a disciplinary case shall take place with due observance of the Disciplinary Regulations of the KFPS.
6. At variance with the provisions of the Disciplinary Regulations, the Disciplinary Committee or the Appeals Committee shall respectively impose one or more of the following sanctions in case of a violation of these Anti-Doping Regulations:
disqualification of the horse for the event in which the horse was found to be ‘positive’;
Declaring void of any of the qualifications or titles, prizes, awards, etc. acquired by or given to the relevant horse at the event in question;
an order imposed on the member to return any compensations, prizes and other rewards received at the relevant event to the entitled parties, including a period within which to comply with that order;
a notification in the Studbook or register where the horse is registered stating the date and type of the identified violation of these Anti-Doping Regulations, as well as name of the owner of the relevant horse at the time of the offence;
reimbursement of all costs incurred by the KFPS for the event during which the sample of the relevant horse has tested positive as well as costs incurred by the KFPS in connection with disciplinary and/or court proceedings commenced by the KFPS or by the member on the basis of the positive findings. Costs of the event are considered to be all costs incurred specifically for the relevant horse as well as a proportionate part of the total costs of the relevant event. In case the member is punished because the sample has tested positive the member shall always be ordered to pay the abovementioned costs;
to exclude the member from participating in KFPS activities, including participation in any event and/or the performance test;
to exclude the member from participating in any other KFPS activities for the duration of a period to be determined by the Disciplinary Committee or the Appeals Committee. No sanction can be imposed by which the relevant horse is excluded from participation in an event for any specific period of time, on the understanding that this exclusion does apply for and during the period of time when according to the Advisory Committee Prohibited Substances the prohibited substance is still present in the horse´s body.
7. If a horse´s sample has tested positive and the horse is part of a group or a team of horses, the provisions stated in paragraph 6 shall also apply to the other horses that were part of that group or team.
8. Failure to comply with any sanction shall in itself constitute a new violation, which shall be punishable by one or more of the sanctions as listed in paragraph 6.
9. The essence of the rulings by the Disciplinary Committee respectively the Appeals Committee shall, as soon as they have been declared definitive, be published on the official communications platform of the KFPS. This publication shall take place stating personal details and city or place of residence of the member, unless the relevant committee has ruled that another method of publication will suffice. The Direction shall be responsible for this publication.
Clause 13 Liability
1. The KFPS shall not be held accountable for any damage suffered by a member or other third party as the result of a check for prohibited substances, the publication of findings and the consequences of any imposed sanction or measure.
2. The KFPS shall not be held accountable for any acts and/or omissions of KFPS members or third parties involved in the check for prohibited substances, irrespective of being employed by the KFPS, except in cases of intent or default on the part of the KFPS or any member or official working under KFPS instructions.
3. The member whose horse has undergone a check for prohibited substances relinquishes any claim for compensation of damages with regard to everything he has failed to record on the check form.
Adapted as a result of the MC Meeting 24 May 2018