The Rules On Swimsuits
2008-04-08
As part of our package on the debate about suits in advance of the meeting between FINA and suitmakers on Saturday, here are the rules of the game

As part of our package on the debate about suits in advance of the meeting between FINA and suitmakers on Saturday, below are the rules of the game, while here are some thoughts and here are the sage words of USA coach Mark Schubert in the context of his role as the man responsible for producing the fastest swim team in the world.

To equip yourself with knowledge read FINA Rule GR 5, and then read the guidance on those rules for swim suit makers and federations to follow:

1. SWIMWEAR


Swimwear includes swimsuit, caps and goggles.
These rules apply to swimwear to be used in FINA competition in all disciplines (swimming, open water swimming, diving, synchronised swimming, water-polo and masters).
2. SWIMWEAR TO BE SUBMITTED TO APPROVAL
As from the date of application (see below) of these by-laws, any new swimwear to be used in FINA competitions shall be submitted to FINA for approval.
A swimwear shall be deemed as new if it includes a material modification in either design (notably cut), material or construction (notably seams for caps and swimsuits) in comparison to swimwear as existing and already approved as of the date of application of these guide-lines.
Non material changes of an approved swimwear model, such as for example limited corrections of cut, change of zipper etc. shall not be deemed as modifications constituting a new swimwear to be approved. Manufacturers may ask for confirmation of non-submission.
3. CRITERIA
3.1 Swimsuits
The following criteria will apply:
(a) Design
Decency: the wearing of the swimsuit shall not offend good moral and taste (in particular but not exclusively because of the cut and of the parts of body, covered or not)
Surface covered: the swimsuit shall not cover the hands from the wrist, the feet from the ankles, the head from the neck. Limits at the wrists, ankles and neck are shown in exhibit1.
Composition: swimsuits must be in one piece for men. They can be in two pieces for women, one covering the upper part of the body and one the lower part. Other items covering the body and not part of the swimsuit are prohibited.
(b) Material
Health.
The material used shall not put the health of the athletes at stake.
Regular flat fabrics and exclusion of outside applications: the fabrics used shall be regular and shall not form outstanding shapes or structures, such as scales. No outside application shall be added on the fabrics (use of different fabrics, see below). For the avoidance of doubt, impregnation is not subject lo limitation and paint can be used for motives in regular and usual thickness.
It is further clarified that: the application of fabrics put on top of each other as a result of a manufacturing/application process to combine the fabrics is permitted provided that this remains in the usual thickness and does not create outstanding shape(s) or structure(s).
Variety of fabrics: Different fabrics can be used in one swimsuit.
Colours: for the avoidance of doubt, colours shall not be considered as part of the design for the purpose of these provisions
(c) Construction
Seams shall be functional and shall not create outside shapes.
Laces: are permitted to hold the swimsuit around the waist.
3.2 Caps
The following criteria will apply:
(a) Design
Independent item: shall not be attached to the swimsuit or goggles nor be in continuity therewith (no ?hood? or ?mask? effect)
Shape: Shall follow the natural shape of the head
Surface: The outer surface shall not include outside artificial shaping (rigs, spoilers etc.).
(b) Material
Hardness: no hard material (material can have some rigidity but shall be able to follow the shape of the head: no hard helmets)
Types: Different types of materials can be used on the same cap.
They can be of different thickness. However, differences in thickness of different materials shall not be used to form shapes.
(c) Construction
Seams if any shall be functional and shall not create outside shapes.
(d) Waterpolo
Same as above, however waterpolo cap must include malleable ear protectors.
3.3 Goggles
The following criteria will apply:
(a) Design
Independent item: shall not be attached to the cap nor be in continuity therewith (no mask? effect) Material/construction:
Safety standards: shall be in accordance with prevailing safety standards for eyewear
4. APPROVAL PROCEDURE
4.1 Products to be submitted
(a) New Products
New products in designs, materials or construction shall be subject to approval.
Any material modification of a product will be deemed a new product. For the avoidance of doubt, minor changes in a product such as minor correction of cut, change of zippers etc which do not modify the product from the perspective of the criteria used shall not be deemed a new product.
(b) Product variations
All variations of a given product (e.g. various cuts, silhouettes, Men, Women models etc) shall be submitted for approval.
4.2 Approval cycles / reconfirmation of approved products
Approval cycles of four years apply. They are linked with FINA General Congress cycles.
Each cycle ends at the end of the second full month following the General Congress.
At the end of each cycle, all approvals shall be submitted for reconfirmation for the next cycle.
For this purpose, each manufacturer shall submit a list of the approved products which it intends to continue into the new cycle. The list shall include a short description of the products and the date of approval.
To the extent no relevant changes (including precisions or interpretations) have occurred in the rules or applicable criteria since the respective approvals were granted, the approvals will be automatically reconfirmed.
In the event relevant changes occurred in the approval rules and criteria, the approvals granted in connection with the concerned products will be re-examined in this respect.
4.3 Application
(a) Application form
An application shall be submitted for each product (including all variations if applicable) using the application form in exhibit 2.
The application shall include a detailed description of the product and of its technical specifications. Samples shall be provided.
The form shall be signed by authorised signatories of the Applicant. By this signature, the Applicant confirms its acceptance of the approval rules and procedures.
Additional information may be required from the applicant.
(b) Submission dead-line
The application shall be filed with FINA at the latest ten working days (date of receipt) in advance of each submission date.
The Commission may examine late applications at its full discretion. Otherwise, they will be examined at the next regular Commission meeting.
The list of approvals to be reconfirmed at the end of each cycle, shall be submitted 60 days in advance of the last submission date of the current ending cycle.
(c) Commission
The approval procedure will be conducted by a Commission of three to five members.
The Members of the Commission will be appointed by the FINA Executive. The Commission Members shall be independent from the manufacturers. In particular, they shall not have any contractual relationship with a manufacturer nor have had such during the five preceding years.
(d) Quarterly examination
The Commission will examine the approval requests (if any) on a quarterly basis, following the submission dates below:
January 10
March 31
June 30
September 30
The Commission will examine the pending applications within maximum ten working days of each of the above submission dates. This is however subject to delays which may result from the examination process (such as in particular, requests for additional information or laboratory testing).
The Commission issues a recommendation to the FINA Executive.
The decision on the application is issued by the FINA Executive within maximum five working days of the recommendation of the Commission.
(e) Experts / technical testing
If it deems it appropriate, the Commission can submit issues and questions to experts or laboratories.
In such case, the Commission shall inform the applicant of the expert or laboratories which it intends to consult, the questions to be asked and the costs linked thereto.
The costs of the experts or laboratories shall be borne and advanced by the applicant. Failure to provide the costs advance shall be considered as withdrawal of the application.
4.4 Validity of the approval
An approval is effective upon its notification. It remains valid until the end of the current cycle.
4.5 Contribution to administrative costs
A contribution to the administrative costs will be charged as follows:
Swimsuits: 1'500.-- + VAT (if applicable)
Caps and goggles: 750.-- + VAT (if applicable)
Reconfirmation end of cycle (global fee covering reconfirmation for all already approved products only of the applicant):
If including swimsuits: 2'000.-- + VAT (if applicable)
If including caps and or goggles only: 1'000.-- + VAT (if applicable)
The above contribution (except reconfirmation) applies in connection with each application for a product. It is however clarified that an application including product variations shall be considered as one application.
The applicable contribution shall be paid upon application.
4.6 Notice of approval
Once a product is approved, the applicant shall indicate such approval in the product documentation and/or on the product packaging and/or product labels by the words ?approved by FINA? in the normal font script and size used in the concerned text. If used in isolation, the above words shall not be prominent.
Usage in public advertising and promotion is not permitted subject to a specific agreement with FINA.
For the avoidance of doubt, usage of the FINA Logo or other trademarks of FINA is not permitted in any way. 5. EXCLUSION OF LIABILITY / INDEMNITY
(a) Exclusion of liability
To the full extent permitted by law, the applicant expressly waives any claim against FINA its officers, employees and/or Commission Members arising out or in connection with the approval process set forth in these provisions.
(b) Indemnity
The applicant shall indemnify and keep FINA, its officers, and/or the Commission Members harmless against claims, damages or costs (including attorney's fees) arising out of or linked with claims by third parties based on the approval of applicant's products and/or use by the applicant of the approval notice.
6. REVIEW OF DECISION /ARBITRATION
6.1 FINA Bureau
The applicant may apply for review of a decision of the FINA Executive denying approval before the FINA Bureau within twenty-one days of the notification of the decision.
Decisions of the Bureau shall be deemed as accepted and final if not challenged before the CAS in accordance with clause b below.
6.2 Arbitration / applicable law
Subject to the review by the FINA Bureau, any dispute (including i.a. challenge of FINA Bureau decision or disputes in connection with payments or other disputes) in connection with an approval procedure shall be exclusively submitted to the Court of Arbitration for Sport in Lausanne.
Swiss law shall apply as substantive law.
For the avoidance of doubt, criteria set forth in these provisions shall not be subject review.
7. ENTRY INTO FORCE
These By-laws shall become immediately applicable.
For the avoidance of doubt, products already approved before the entry into force of these By-Laws shall be deemed as approved until the end of the current cycle.
With effect from the new cycle, only products fully complying with the above criteria as modified or completed for the new cycle will be approved.