No, it wasn't the third test, or he would be charged for violating 2.4, but it was 2.3 in his case. Basically duck and run...
Here's the difference:
2.3 Evading, Refusing or Failing to Submit to Sample Collection by an Athlete
Evading Sample collection; or refusing or failing to submit to Sample collection without compelling justification after notification by a duly authorized Person.11
2.4 Whereabouts Failures by an Athlete
Any combination of three missed tests and/or filing failures, as defined in the International Standard for Results Management, within a twelve-month period by an Athlete in a Registered Testing Pool.
11 [Comment to Article 2.3: For example, it would be an anti-doping rule violation of “evading Sample collection” if it were established that an Athlete was deliberately avoiding a Doping Control official to evade notification or Testing. A violation of “failing to submit to Sample collection” may be based on either intentional or negligent conduct of the Athlete, while “evading” or “refusing” Sample collection contemplates intentional conduct by the Athlete.]