Table of Contents
Clause 1. Regulations and List of Prohibited Substances
Clause 2. Punishability of the Use of Prohibited Substances
Clause 3. Obligations of Members
Clause 4. Doping Advisory Committee
Clause 5. Testing Veterinarian
Clause 6. Doping Check Location
Clause 7. Designation for Doping Check
Clause 8. Doping Check
Clause 9. Research Laboratory
Clause 10. Findings
Clause 11. Violations and Sanctions
Clause 12. Liability
Clause 1 Regulations and List of Prohibited Substances
1. These Anti-Doping Regulations shall be adopted and amended by the General Meeting of Members or - if that body has been established 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 horses on events can compete with and be compared with each other as much as possible under equivalent conditions, without the performance of the horse during the event in any way artificially being or possibly being affected by the use or administration of any prohibited substances.
2. The List of Prohibited Substances that lists the prohibited substances constitutes a part of these Anti-Doping Regulations. A prohibited substance as referred to in the preceding sentence shall in these Anti-Doping Regulations include both substances and methods and techniques.
3. The KFPS uses the list of prohibited substances ("List of Prohibited Substances") of the Fédération Equestre Internationale (FEI) as published on the website of the FEI (www.horsesport.org). The List of Prohibited Substances shall at all times apply in its latest version.
4. The List of Prohibited Substances shall be available for inspection at the KFPS Studbook Office, and copies thereof shall be available there on request. The most recent version of the List of Prohibited Substances is also published on the website of the FEI and on the website of the KFPS. The List of Prohibited Substances shall for the first time be published in the official communications of the KFPS and after each change.
5. These Anti-Doping Regulations and the List of Prohibited Substances that has been declared to be applicable shall apply to all members of the KFPS.
6. All members are expected to have knowledge of and to comply with these Anti-Doping Regulations and the List of Prohibited Substances. All members have the obligation to ensure that they at all times have knowledge of the most recent version of the List of Prohibited Substances. An invocation of unfamiliarity with the List of Prohibited Substances and/or the substances mentioned therein shall not be possible.
7. In these Anti-Doping Regulations the term "Person Concerned" refers to the member who owns a horse that is subjected to a doping check, and whose horse after testing of the taken sample is found to be "positive", meaning that the sample contained a prohibited substance.
8. For the purposes of these Anti-Doping Regulations the owner shall be deemed to be the member who has registered the horse concerned for participation in the event at which the doping check takes place. If the registered horse is sold between the date of registration for the event and the date of the event, the previous owner shall be held to withdraw the horse from the event and the new owner can register the relevant horse anew for the event. As then the new owner shall be regarded as the one who has registered the horse for the event.
9. In cases for which these Anti-Doping Regulations do not provide, the Governing Board shall decide.
Clause 2 Punishability of the Use of Prohibited Substances
1. The use or administration of (groups of) substances mentioned on the List of Prohibited Substances shall be prohibited. 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 the threshold set, there shall not be a violation until that threshold is exceeded.
3. It is forbidden to participate in an event with a horse in whose body a prohibited substance in present. The mere fact that after a doping check a prohibited substance is found to be present in the body of the horse shall constitute a violation of these Anti-Doping Regulations.
4. A violation shall be punishable if and as soon as on the basis of the expert analysis and where applicable after counter analysis the presence of a prohibited substance is established, if necessary in the prohibited quantity or concentration.
5. The punishability is not lifted if the prohibited substance was administered by a third party, whether or not during grooming, care, training or veterinary treatment, or if the prohibited substance was present in the feed or entered the body of the horse in any other manner.
6. The owner shall as member at all times be responsible for the presence or absence of a prohibited substance in the body of the horse. The owner shall also be responsible for that if he is not present at a doping check and is represented there, and furthermore in all other cases that the owner has not been able to exert any influence on the presence of a prohibited substance. For that, the owner bears strict liability.
7. The responsibility and liability of the owner shall be one and indivisible if there are more owners of the horse. The obligations under these Anti-Doping Regulations shall then rest on all joint owners, whereas they will then also jointly bear the risk of a violation of these Anti-Doping Regulations.
8. The Person Concerned shall not only be punishable if the presence of a prohibited substance is established, but also if another provision of these Anti-Doping Regulations is violated, either because the Person Concerned does not provide his cooperation properly, in a timely manner, in the prescribed manner or at all, or if the Person Concerned remains negligent. The Person Concerned shall in this context also be responsible for the acts or omissions of third parties.
9. Furthermore also any incitement of, complicity in and aiding and/or abetting in a violation of these Anti-Doping Regulations shall be punishable.
10. The punishability as provided in this Clause shall apply to both the Person Concerned and his horse. The disciplinary bodies of the KFPS shall in cases of punishability determine on whom the sanction will be imposed. The KFPS Disciplinary Regulations shall apply.
Clause 3 Obligations of Members
1. The member shall be held to let his horse that is designated for a doping check be checked for doping at the specified time and at the specified location, and to allow the extraction of blood, urine and/or hair. The doping check may be held both during and outside of events, and both in the Netherlands and abroad.
2. The provisions of paragraph 1 shall not apply if the supervising veterinarian decides that the designated horse on the basis of Clause 8 paragraph 2 is not required to undergo the doping check.
3. The member shall be required in respect of the doping check in a timely manner and in full to provide any assistance that is requested and for that purpose to be present at the relevant location himself, or to let himself be represented at the relevant location by a person of at least eighteen years of age. If neither the member nor an authorized representative designated by him is present at the relevant location, no doping check will take place on the designated horse, whereas that violation will be punished by a fine of EUR 10,000.00. The designated horse may subsequently not participate in any event anymore until it has been designated anew for a doping check and has undergone that doping check in full.
4. The member (or his representative) shall be held before, during and after the doping check to be able to identify his horse by submission of the equine passport of his horse or by allowing the horse's microchip to be scanned. If the horse cannot be identified in the prescribed manner or in case of any doubts about the identity of the designated horse, the Governing Board shall be authorized to let a DNA test be carried out for the charge of the relevant member.
5. The member shall be held at the doping location to provide proof of his identity by means of his passport, driving license or identity document. In the event of representation, the representative shall be held to provide proof of his identity.
6. The member shall be responsible for fulfilling the obligations imposed on him in and by these Anti-Doping Regulations. Where these Anti-Doping Regulations allow that a representative can fulfil an obligation for and on behalf of a member, the relevant member shall remain fully responsible for the way in which the obligation will be fulfilled or not be fulfilled. The member shall be held to inform his representative in time and in full of the obligations resting on the member and therefore also on the representative for the member under these Anti-Doping Regulations.
7. If the member is a legal person, the obligations set out in these Anti-Doping Regulations shall rest on both the legal person and its managing directors and shareholders.
Clause 4 Doping Advisory Committee
1. The Governing Board shall appoint the members of the Doping Advisory Committee.
2. The members of the Doping Advisory Committee shall be appointed on the basis of their specific knowledge and expertise. Members who participate in events, veterinarians who treat horses that participate in events, testing veterinarians and other persons who are either directly or indirectly involved in designated horses cannot be part of the Doping Advisory Committee.
3. The Doping Advisory Committee shall advise the Governing Board, the Disciplinary Committee and the Appeals Committee in matters relating to doping.
4. Only the Governing Board, the Disciplinary Committee and the Appeals Committee of the KFPS and judges of regular courts and government officials involved in the case can turn to the Doping Advisory Committee for advice. Members cannot turn to the Doping Advisory Committee for advice.
Clause 5 Testing Veterinarian
1. The testing veterinarian shall be appointed by the Governing Board and shall for each event be designated by the Management. The Management shall provide the testing veterinarian with a KFPS identity card, with which the relevant testing veterinarian can identify himself within the framework of a doping check.
2. The testing veterinarian must be independent and have no direct or indirect interest in a horse that is subjected to a doping check.
3. A testing veterinarian does not have to be a member of the KFPS, but shall not be authorized to carry out doping checks until he has signed a declaration by which he submits to the Articles of Association, Bylaws, Regulations, including these Anti-Doping Regulations, and decisions of bodies of the KFPS. If the testing veterinarian is a member of the KFPS, he shall by virtue of that membership already be bound to the abovementioned Articles of Association, Bylaws, Regulations and decisions.
4. The testing veterinarian cannot exercise his office if he in a year preceding that has worked on instruction of the member whose horse has been designated for a doping check.
5. The testing veterinarian shall carry out the doping checks with due observance of the provisions of these Anti-Doping Regulations.
Clause 6 Doping Check Location
1. The doping check location shall be situated in the immediate vicinity of the location of the event. The testing veterinarian shall have a number of testing boxes available for taking samples that is determined by the Management.
2. If no testing boxes are available, the doping check shall nevertheless be carried out, and the testing veterinarian shall as then determine in which other way the doping check can take place.
3. Access to the doping check location shall have: the testing veterinarian and his assistant, the member and the designated horse, as well any other persons allowed in by the testing veterinarian.
4. A designated horse cannot leave the doping check location until after the prescribed sample has been taken, the doping check in the opinion of the testing veterinarian has been completed and the member has signed the doping check form.
5. Regarding the obligations contained in this Clause, the member may let himself be represented by a representative who acts on behalf of the relevant member. The provisions of Clause 3 paragraph 6 shall as then apply to the relevant member.
Clause 7 Designation for Doping Check
1. The KFPS shall be authorized to carry out doping checks during both events in the Netherlands and abroad. If an event lasts more than one day, the same horse may during those days be subjected to doping checks various times.
2. A member shall be held to submit his horse to a doping check if the horse is designated for that. A member who is not present at the doping check in person or represented by his representative, shall with that irrevocably waive the right to raise any objections against the procedure followed at the doping check.
3. A member shall with the designated horse for his own risk and account participate in a doping check, and shall see to it that he is adequately insured against third-party and statutory liability. The member indemnifies the testing veterinarian and others that assist in the doping check against any liability with respect to the designated horse.
4. The Governing Board shall determine how many horses will be subjected to a doping check during which event. During an event the jury shall designate the horses that will be subjected to a doping check, and shall give each designated horse a number. The jury shall inform the testing veterinarian who performs the corresponding doping check thereof.
5. The designation of horses will in principle be random. The jury may deviate therefrom without giving any reasons, and may choose another method of designation.
6. The jury may also during an event on the basis of a suspicion or on instruction of the testing veterinarian designate a horse by name that will be subjected to a doping check.
7. The testing veterinarian shall inform the member that his horse has been designated for a doping check.
8. Regarding the obligations contained in this Clause, the member may let himself be represented by a representative who will act on behalf of the relevant member. The provisions of Clause 3 paragraph 6 shall as then be applicable to the relevant member.
Clause 8 Doping Check
1. The horse shall as soon as possible after his designation be subjected to a doping check by the testing veterinarian. The testing veterinarian shall determine the time of the doping check.
2. The testing veterinarian may under special circumstances decide not to subject a designated horse to a doping check in case of important reasons of a veterinary nature, and in case of dangerous behaviour of the horse.
3. If a horse dies during the event, a doping check shall always be carried out.
4. For the collection of samples use is made of a collection box made available to the testing veterinarian by the KFPS. The closed collection box shall be opened in the presence of the member, and exclusively materials from that box shall be used. The sealing of the samples shall be done by the testing veterinarian in the presence of the member.
5. The doping check shall be carried out by collecting urine. In cases in which the collection of the required volume of urine has not been completed within one hour after the start of the check or in which the collection of urine is not possible, the doping check shall be carried out by extracting blood or hair.
6. The testing veterinarian shall be responsible for the extraction of the sample from the designated horse.
7. The labelling of the samples shall be done by the testing veterinarian in the presence of the member.
8. From the designated horse an A and a B sample shall be extracted with urine, blood or hair. The testing veterinarian shall determine how much urine, blood or hair will be extracted.
9. The member shall check whether the materials used originate from the collection box that 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 are sealed in his presence.
10. Once the doping check has been completed, the doping check form shall be signed by the testing veterinarian and the member, who shall receive a copy thereof. If during the doping check an irregularity has occurred, the testing veterinarian and the member shall be held to mention the irregularity that has occurred on the doping check form before signing the doping check form, and to add an explanation thereto. If the doping check form does not contain that statement, the doping check will be deemed in the opinion of the member to have taken place fully in accordance with the requirements. After that, the member can no longer invoke any irregularity in the doping check.
11. Unless the KFPS looks after that, the testing veterinarian shall after the completion of the doping check as soon as possible arrange the transportation of the collection box with samples to an address specified by the Management. The testing veterinarian shall report in writing to the Governing Board whether the doping test has been carried out in accordance with the provisions of these Anti-Doping Regulations. The testing veterinarian shall also send a carbon or other copy of the doping check form, if necessary with a supplementary report, to the Management within five days after the completion of the doping check.
12. Regarding the obligations contained in this Clause, the member may let himself be represented by a representative who acts on behalf of the relevant member. The provisions of Clause 3 paragraph 6 shall as then apply to the relevant member.
Clause 9 Research Laboratory
1. The A sample shall be used for the expert analysis. The B sample shall be used for the counter analysis.
2. The expert analysis and the counter analysis shall be carried out by a laboratory listed by the FEI with which the Governing Board has concluded an agreement. That agreement shall inter alia include an arrangement for the time frame within which an expert analysis and a counter analysis will be performed by the laboratory. The member cannot demand that the expert analysis or the counter analysis has to take place in another laboratory.
3. The laboratory shall carry out the analysis of the samples in the manner agreed by the Governing Board.
4. The collection box shall not be opened earlier than in the laboratory. The official of the laboratory who opens the box shall on the form state the condition in which he has opened the collection box and whether the sealing of the sample was or was not intact. If the collection box has been opened by order of the customs, this shall not invalidate the doping check result if the seal of the samples is still intact.
5. If after the opening of the collection box it appears that the sealing of a sample is no longer intact, with those samples of the relevant horse no expert analysis and counter analysis shall be carried out. The laboratory shall inform the Management, thereof, and the Management shall in its turn inform the member and the Governing Board.
6. The Management shall notify the member of the results of the expert analysis in writing as soon as possible.
7. If the investigated A sample contains a prohibited substance and is therefore labelled as positive, the Person Concerned shall have the right within fourteen days after the date of the letter referred to in paragraph 6 to demand that a counter analysis will be carried out by means of the B sample, this with due observance of the provisions of Clause 10. The counter analysis will be carried out in the same laboratory where the expert analysis has been carried out. The counter analysis will be carried out under the supervision of another employee of the laboratory.
8. If a member requires a counter analysis, the Management shall request the laboratory to set a date and time for that counter analysis, after which the Management shall inform the Person Concerned thereof in writing.
9. At the expert analysis and the counter analysis, in addition to the employees of the laboratory also the persons designated by the Governing Board shall be present. At a counter analysis also an expert designated by the Person Concerned may be present.
10. If at any time before, during or after the analysis by the laboratory with respect to the analysis or the sample any question or problem arises, the laboratory shall, after having obtained an instruction from the Management to do so, have the right to carry out a further analysis, test and/or investigation to answer the question or solve the problem.
11. The costs of the expert analysis shall be borne by the KFPS. The cost of the counter analysis shall if the result is positive be for the account of the Person Concerned. If the result of the counter analysis is negative, both the costs of the expert analysis and of the counter analysis shall be for the charge of the KFPS. If a further analysis, test or investigation takes place as referred to in paragraph 10, the costs thereof shall be borne by the person who has submitted the request for that.
12. A sample that has been examined by the laboratory shall be kept in custody by the laboratory for a period of six months and then destroyed.
Clause 10 Findings
1. The laboratory shall share the findings of the expert analysis and the counter analysis with the Management in writing. The laboratory shall in respect of each sample in its report state the digit code of the bar code label and the qualification "negative" or "positive", as well as any relevant other information. If the qualification is "positive", the laboratory shall also state the name of the prohibited substance detected in the sample, and, where appropriate, what quantity and/or concentration/ratio, as well as where applicable which prohibited method has been detected.
2. The Management shall notify a positive finding of the laboratory in writing to the Person Concerned and to the Chairman of the Governing Board. If the findings of the analysed sample are positive, the Management shall after receipt send the documents received from the laboratory with respect to the sample and a copy of these Anti-Doping Regulations to the Person Concerned.
3. The Person Concerned shall submit the request to carry out a counter analysis in writing to the Management within fourteen days after the date of the result of the A sample, stating the code number of the bar code label of the sample. The Member shall simultaneously notify the Management of whether the counter analysis will be attended by an expert to be designated by him at his own cost.
4. If the member does not request a counter analysis in time or at all, the findings of the A sample shall be considered to be final.
5. The request for a counter analysis shall also include the statement of defence of the Person Concerned and the digit code of the bar code label of the sample.
6. The Governing Board may in respect of any finding let itself be advised by the Doping Advisory Committee, which shall as then have at its disposal all the information obtained in the course of a doping check.
7. The findings of an expert analysis and a counter analysis shall be deemed to include all those communications from the laboratory with the Governing Board at the latest eight weeks after the date of the relevant analysis, which period may at the request of the laboratory be extended with the same period. If the laboratory whether or not because of any further investigations and/or tests makes various statements in respect of an examined sample that are ambiguous, self contradictory or unclear, the Management may, whether or not at the request of the Person Concerned, request the laboratory to give a final result that shall be final and binding for whether or not the Person Concerned has committed a violation.
8. The Governing Board shall at all times be authorized to inform the members and third parties of the findings of an expert analysis and the counter analysis, of the prohibited substances identified by the laboratory, as well as the name of the Person Concerned and of his horse. The Person Concerned cannot demand from the Governing Board that it in respect of the aforesaid notification will not mention any part of the findings (obtained from the laboratory).
9. If the findings of the counter analysis are positive, the Person Concerned shall as from the date at which he has been notified of the findings by the Management no longer have the right to participate in any scheduled or ongoing event with the relevant horse. If an event ends during the expert analysis or the counter analysis, the findings of the event shall not be determined until after the findings of the expert analysis or counter analysis have become final. If in respect thereof already a disciplinary case is pending, the Person Concerned cannot participate in any event with the horse concerned until after a final decision has been rendered in the disciplinary case.
Clause 11 Violations and Sanctions
1. If the findings of a sample are positive, this shall constitute a violation of these Anti-Doping Regulations.
2. The findings of a sample shall be qualified as positive if:
the qualification of the counter analysis is positive;
the qualification of the expert analysis is positive and the member does not submit any defence or objection and/or does not require a counter analysis;
the member acknowledges a violation of these Anti-Doping Regulations on this point;
the member fails to perform any obligation that rests on him under these Anti-Doping Regulations in time, in full, properly or at all.
3. If the findings of the expert analysis or after a counter analysis the findings of the counter analysis are positive, the Management shall notify the Disciplinary Committee of those findings with due observance of the provisions of Clause 8 of the Disciplinary Regulations. The aforesaid notification of the findings shall constitute a Report of a Possible Violation. The notification of the findings of the counter analysis or if no counter analysis has taken place the findings of the expert analysis shall be qualified as a Report of a Possible Violation against the Person Concerned.
4. The Disciplinary Committee and the Appeals Committee may request advice of the Doping Advisory Committee or of a member of that Committee.
5. If another violation is established than a positive sample, the Governing Board may submit a Report of a Possible Violation in respect of that other violation to the Disciplinary Committee.
6. The handling of a disciplinary case shall take place with due observance of the Disciplinary Regulations of the KFPS.
7. In derogation from the provisions of the Disciplinary Regulations, the Disciplinary Committee or the Appeals Committee respectively shall in case of a violation of these Anti-Doping Regulations impose one or more of the following sanctions:
disqualification of the horse for the event in which the horse has been found to be "positive";
forfeiture of the qualification or title, prize, award, distinction, etc. acquired by or given to the relevant horse;
an order imposed on the member to return to the parties entitled all bonuses, compensations, fees, prizes and other rewards and distinctions received for the relevant event, which order will as then also include a period within which to comply with that order;
an entry in the studbook or register in which the horse concerned is registered, stating that, when, and which a violation of these Anti-Doping Regulations has been detected, and who at that time was the owner of the relevant horse;
an order to pay a fine;
an order to repay of all costs incurred by the KFPS for the event in which the sample of the relevant horse tested positive, and of the costs incurred by the KFPS in connection with disciplinary and/or court proceedings commenced on the basis of the positive findings by the KFPS or by the Person Concerned. Costs of the event shall include the costs specifically incurred for the relevant horse, as well as a proportionate part of the total costs of the relevant event. If the Person Concerned is punished because the result of a sample is positive, the Person Concerned shall always be ordered to pay the costs referred to here;
exclusion of the Person Concerned from participating in activities of the KFPS, including participation in any event and/or any performance test;
exclusion of the Person Concerned from participating in any other activities of the KFPS 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 for a specific period of time is excluded from participation in an event, on the understanding that this exclusion does apply for and during the period of time that the prohibited substance in the opinion of the Doping Advisory Committee is still present in the body of the horse.
8. If the sample of a horse that is part of a team or a set of horses is positive, the provisions set forth in paragraph 7 shall also apply to the other horses that are part of that team or set.
9. Any failure to comply with a sanction shall in itself be an independent new violation, which shall be punishable by one or more of the sanctions mentioned in paragraph 7.
10. The decision of the Disciplinary Committee or after assessment of an appeal the Appeals Committee in response to a violation of these Anti-Doping Regulations shall notwithstanding the provisions of the Disciplinary Regulations shall while mentioning the name of the horse and of the owner be published in the official communications of the KFPS. The Management shall be responsible for this publication.
Clause 12 Liability
1. The KFPS shall not be liable for any damage suffered by a member or other third party as a result of a doping check, the publication of findings and/or the consequences of any imposed sanction.
2. The KFPS shall not be liable for any acts and/or omissions of KFPS members or third parties who whether or not on instruction of the KFPS are involved in a doping check, except in case of own fault or negligence of the KFPS or of a member or officer active on its instruction.