They can appeal against this decision by the BDR to ban them from competing in the upcoming World Cups. Here you can find out what consequences the protest action could have for the most famous German bikers.
Whereabouts" as a point of contention
Since 1 July 2007, the members of the national testing pool, including the Fumic brothers, have been obliged to notify the National Anti Doping Agency (NADA) of their expected whereabouts and times ("whereabouts information") on a quarterly basis. These "whereabouts" must be submitted via the "ADAMS" reporting system. Failure to do so will be assessed and penalised by NADA as a breach of the reporting obligation ("Missed Test Policy"). The Fumic brothers are resisting these regulations and are not completing the NADA reports. They denounce this as a violation of their personal rights.
First a warning, now a ban
The independent sports court of the German Cycling Federation has issued a warning to Lado Fumic and Manuel Fumic for their first offence of failing to provide whereabouts information. Both riders had not submitted "Whereabout information" for the fourth quarter of 2007.
As the "Whereabout information" was also not properly submitted for the first quarter of 2008, the Federal Sports Court sanctioned a second breach of the reporting obligation and - as provided for in the NADA Code for a second breach of the reporting obligation - imposed a three-month ban on the riders Lado and Manuel Fumic.
A similar case occurred just last summer:
Remember the case of Michael Rasmussen, who was removed from the Tour de France in the yellow jersey because he had given false information about his whereabouts in the "Whereabouts".
Eligible to compete in the World Cup by appeal
Appeals against these decisions can be lodged within 14 days with the Federal Legal Committee, which also decides independently, which the Fumic brothers have apparently done, thus enabling them to start in the first World Cup races in Houffalize (20 April) and Offenburg (27 April).
A World Cup start brings with it various problems. The first concerns fairness towards other athletes: the Fumic brothers could deprive the other German aspirants of the chance to fulfil the qualification standard - that's what scene insiders fear. This is because if they finish in the top 15, two other Germans would finish 16th and 17th - and thus miss the standard (2 x rank 1-15 or 1 x rank 1-6).
As most nations have similar qualifying standards, riders from other countries could also be affected.
Chances for the Olympics basically slim
The Fumics' chances of being nominated for the Olympic Games at all, regardless of their possible placings at the World Cups, seem slim if you take a closer look at the regulations:
Extract from the BDR website:
"Registration for the NADA training control system - Olympic Games Beijing 2008
Registration and participation in the NADA training control system is a basic prerequisite for being nominated by the BDR/DOSB for the Olympic Games in Beijing 2008.
The National Anti-Doping Agency (NADA) and the Bund Deutscher Radfahrer e.V. (BDR) have defined the national testing pool in accordance with the NADA Code before the start of the season. This pool includes all athletes of the A, B and C squads of all disciplines and all contract riders...."
The DOSB therefore has the upper hand when it comes to nominations. In principle, banned athletes cannot be nominated. And the possibility of the DOSB allowing itself to be pressurised by two bikers when selecting athletes, including by legal means, seems unlikely.
The next offence will result in a one-year ban
On top of this, a third offence by Fumics against the control system - and as things stand at the moment, this is only a matter of time - would be punished even more drastically. Namely with a one-year ban.
Here is an extract from the regulations:
"Missed Test Policy - REGISTRATION with NADA
As of 1 January 2007, NADA will implement and enforce the Missed Test Policy. This means that NADA will follow up all reports of out-of-competition doping tests that cannot be carried out and, in the event of a violation of Art. 6 of the NADA Code (NADC), will inform the federation so that sanction proceedings can be initiated if necessary after reviewing the documents. A culpable violation of the reporting obligations under the NADC may result in the following sanctions in accordance with Art. 11.5.3:
1st offence: a public warning
2nd offence: a ban of at least three months
3rd offence: a one-year ban
4th offence: a two-year ban
For this reason, we expressly remind you of the reporting obligations and the verification of the data you have provided. Notifications of absence and changes to personal data must be provided in good time and in full in accordance with the guidelines of Art. 6 NADC or entered directly into NADA-Xtra.NET/ADAMS online.
Important: The athlete is personally responsible for the proper provision and forwarding of the documents, even if he/she has the data maintenance processed by third parties..."
Consequences for the racing scene
The damage to the image of the Fumic affair in the MTB scene cannot be estimated at the moment. According to a dpa report from 17 April 2008, the topic is being discussed throughout the press.
Most scene insiders consider the Fumic brothers' action to be unfortunate. Because now the sport of cycling is being pigeonholed with the other doping-contaminated sports.
Opportunities for the "second guard"
If the Fumics have forfeited their Olympic chances, the cards in the German team will be reshuffled. Three starting places are up for grabs, increasing the chances of riders whose nomination was previously considered unlikely.
Insiders reckon that Wolfram Kurschat, Moritz Milatz and Karl Platt are among the possible starters, and Stefan Sahm and Jochen Käß should not be forgotten. However, the latter three athletes have struggled in the past to make it to the top of the world rankings (top ten).
Ultimately, the sport loses
Manuel Fumic is the most promising candidate for the Olympic Games and the top performer in the national team. If he is not at the start in Beijing, things do not look rosy for the German team. The other athletes are unlikely to have high hopes of winning medals.
