No, intention to use banned substances/methods is a bannable offence. Every athlete wants to enhance his/her performance whether it's by training, diet or whatever. There's no indication that Kittel et al were looking for performance enhancement, nor does it matter. The relevant questions should be:
1) Does it actually enhance performance?
2) Is it an unfair means of performance enhancement?
The answer to the latter should certainly be "yes", if it can be shown that UV-light magically increases O2 capacity, but I very much doubt that it does. It is evident that this is just a case of mindless "zero tolerance". Especially if you're considered a blood doper just for extracting a syringe of blood and shooting it back X minutes later.