Rivista di Diritto ed Economia dello Sport - Rdes.it

224 Giurisprudenza Internazionale- Once a doping offense has been established, the WADC allows for acomplete elimination of the sanction in case of “no fault or negligence”whereas the FIFA Anti-Doping Rules do not explicitly allow to reducingthe sanction below the minimum threshold of 6 months, even in cases of“no fault or negligence.”3.10.2 Specified Substances (Article 10.3 WADC. Article 62.3 FIFA DC)90 Art. 62.3 of the FIFA DC does not define the term “certain substance”.From the German and the French version of the FIFA DC, it is clear that the“certain substance” are the specified substances listed in the (WADA) list ofprohibited substances.91 Art. 10.3 of the WADC provides for a reduced frame of sanctions, ifthe athlete can demonstrate the use of a specified substance was not intendedto enhance performance. In contrast, art. 62.3 of the FIFA DC simply providesthat the minimum sanctions may be reduced without specifying the conditionsof such reduction.92 For a first offense, the WADC provides for a sanction ranging from amere warning and reprimand to a one year suspension, a two years’ suspensionfor a second offense and a lifetime ban for a third offense. The athlete hasalso the possibility of eliminating or reducing the sanction under art. 10.5 ofthe WADC. Art. 62.5 of the FIFA DC provides, for a first offense, for asanction ranging from a warning to a two-year suspension. For a secondoffense, it only provides for a minimum, i.e. two-year suspension. A thirdoffense results in a lifetime ban.93 The Panel recognises certain differences in the wording of the rulesgoverning Specified Substances. In particular, under the FIFA Anti-DopingRules, the less severe sanctions apply irrespective of whether the athlete candemonstrate that the substance was not intended to enhance his or herperformance. On the other hand, a first offense under the FIFA Anti-DopingRules can be sanctioned with a two years’ ineligibility whereas the WADClimits the sanction to one year. How-ever, the Panel does not expect that inpractice, these differences will lead to a materially different treatment of anathlete under either set of rules.3.10.3 Second Offenses (Articles 10.2, 10.6 WADC. Article 41 FIFA DC)94 The WADC and the FIFA DC define a “second offense” differently.Pursuant to art. 41.2.d of the FIFA DC, an offense is considered as a secondoffense if it is committed before the lapse of two years from the impositionof a suspension of at least four months in the previous case. Art. 41.4 of theFIFA DC contains special rules regarding repeated doping infringements.However, the FIFA Anti-Doping Rules do not contain a definition of “second