In March 2016 the International Biathlon Union (IBU) has reported anti-doping rule violation against the Romanian Athlete Eva Tofalvi after her sample - provided on 8 March 2016 - tested positive for the prohibited substance Meldonium. After notification a provisional suspension was ordered. The Athlete filed a statement in her defence and waived her right to be heard for the IBU Anti-Doping Hearing Panel (ADHP).
The Athlete accepted the test results and submitted that he had used Mildronate (Meldonium) prescripted by her cardiologist Between September and December 2015 and not in 2016 after the substance was included on the WADA 2016 Prohibited List.
In April and June 2016 WADA issued two notices on Meldonium concerning cases where athletes claim that the substance was used before 1 January 2016. Considering these WADA Notices the IBU contended that the Athlete has committed an anti-doping rule violation and because of No Fault that no period of ineligiblility shall be imposed.
The ADHP concludes that the presence of the prohibited substance in the Athlete’s sample establish that she committed an anti-doping rule violation under the Rules in conjuction with the 2016 Prohibited List. The ADHP considers that the time of the administration of Meldonium - whether before or on or after 1 January 2016 - is irrelevant in this respect. The time of the administration may, however, have an impact on the determination of the sanction and the ADHP considers in this respect the WADA Meldonium Notice issued in June 2016. The Panel accepts that exceptional circumstances were present and that there is no evidence that she used Meldonium on or after 1 January 2016 for establishing No Fault.
Therefore ADHP decides on 7 September 2016 that the Athlete has committed an anti-doping rule violation. Because the Athlete bears No Fault no period of ineligibility is imposed. The Athlete’s competitive results obtained between 8 March and 29 March 2016 are disqualified.
