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On May 12, 2010, AFLD requested the authorization from UCI to conduct approximately 60 additional tests during the 2010 Edition of the Tour de France
a. AFLD claims that it should be authorized to conduct additional testing, given that it has access to confidential information from police and customs that it cannot share with other organizations. Such information will allow AFLD to target test specific riders during the Tour de France but will not be available directly to UCI because of legal issues.
b. AFLD is ready to cooperate with UCI to avoid the inconvenience of having two entities testing at one single event.
c. AFLD raises concerns about UCI conducting unannounced testing.
UCI presents its testing plan for the 2010 Tour de France, and argues that this plan is comprehensive and can be adapted based on the needs.
f. UCI raises logistical issues in relation to having two organizations testing at the same event.
g. UCI also raises the issue of the French anti-doping law not being fully Code compliant, and the issue of having a decision rendered in France which will have to be recognized later on by UCI, and which potentially could be in contradiction, given that the final appeal in France is to the State Council and the final appeal under the Code is to the Court of Arbitration for Sport (CAS).
h. On that basis, UCI refuses to grant permission to AFLD to conduct testing.
15- WADA understands that AFLD has intelligence from the French police and customs which could be useful to target test riders during the tour.
16- WADA signed a confidentiality agreement under which AFLD is able to share some of this information with WADA.
21- WADA does not speculate on the unannounced nature of UCI tests but considers that it is of primary importance that all tests be conducted in total transparency and thereby avoid any subsequent criticism of being pre-warned.
Decision
22-WADA does not give permission to AFLD to conduct additional testing at the Tour de France. This resolution is however subject to the following conditions:
a) Because of the acceptance of UCI to conduct extra testing if information warrants it, WADA requires of AFLD to be informed of any target test that it might suggest be conducted as a result of the receipt of confidential information.
b) Upon receipt of this information, and after evaluation of the background information related to such request, WADA will pass such request to its Independent Observer (IO) team present on site during the Tour de France in order to appropriately manage the issue of confidentiality, and for the IO team to pass it on to UCI as follows :
i. The IO team will ask a UCI doping control officer (DCO) to conduct the specific target testing mission(s) by first contacting the UCI designated DCO and agreeing on a place and time to meet.
ii. A representative of the WADA IO team will then go with the UCI DCO and the UCI chaperone to collect the sample.
iii. The WADA IO team representative will only inform the UCI DCO and UCI chaperone of the name of the rider at the appropriate time in accordance with its own appreciation of the circumstances.
iv. There should be no communication to any external parties from the UCI DCO and the UCI chaperone from the time they meet the WADA IO team representative until the mission is fully completed.
v. All samples collected during these missions should be analysed for EPO and hgH.
c) If for whatever reason(s) the above mentioned conditions are not acceptable to UCI, or are not respected during the Tour de France, WADA will grant the AFLD the permission to perform such tests itself.