Law 3/2016, Of 10 March, Of Creation Of The Andorran Anti-Doping Agency

Original Language Title: Llei 3/2016, del 10 de març, de creació de l'Agència Andorrana Antidopatge

Read the untranslated law here: https://www.bopa.ad/bopa/028022/Pagines/CGL20160329_09_42_10.aspx

CGL20160329_09_42_10 law 3/2016, of 10 March, of the creation of the anti-doping Law Andorran Agency 3/2016, of 10 March, of the creation of the anti-doping Agency since the Andorran General Council in its session of 10th March 2016 has approved the following: law 3/2016, of 10 March, of the creation of the anti-doping Agency Andorran preamble the practice becoming more common and widespread doping has led the United States to search for international solutions harmonised and coordinated policies to achieve more efficiency in the fight to eliminate it.
Today the doping has spread beyond the sports competition and is present also in the leisure sport, which exacerbates the negative consequences of this practice so far of the values of the sport, such as honesty, the search for the excellence of its own talent, education, fun, or the effort to a healthy life practices, and makes more complex the task that must comply with the policies and anti-doping programs.
In the law of the sport, from June 30, 1998, was the first tool to tackle doping. Later, in 2005, adopted the regulation on the control of doping in sports, he set up the mechanisms to articulate a policy coordinated, integrated and owned by public and private institutions. Indeed, that Regulation created an administrative body attached to the Ministry responsible for sport, called national anti-doping Commission, with the purpose of elaborating a comprehensive plan and implement an active policy to combat doping. This legislative regulation and deployment was completed with the accession of our country to the agreement against doping in 2006 and to the International Convention against doping in sport in 2008. And that same year, Andorra signed the World Anti-Doping Code.
The World Anti-Doping Code is the document that harmonizes anti-doping policies and regulations of sports organisations and public authorities throughout the world, and try to improve the unsatisfactory results obtained earlier by the lack of coordination between the actors involved.
Since it came into force on 1 January 2004, the code has proven to be an effective tool in the harmonization of anti-doping efforts worldwide, and a large number of Governments and sports organizations have adopted as a fundamental tool of their policies and programs. The approval of the code has resulted in significant advances, such as in relation to the establishment of rules and for clarification of responsibilities of the various partners in the fight against doping.
The text of the code has been revised as doping has evolved and in accordance with the results that have been obtained. Based on the experience gained with the application of the code of the World Anti-Doping Agency in 2003, has adopted two new versions of the code: the first, in 2009, and the last, in force since January 1, 2015.
Andorra signed the World Anti-Doping Code in 2008 and you want to align with the institutions and the United States around the world that work to eliminate doping of any kind of sport by signing the new version 2015 and by putting into practice the internationally harmonised policies and up to date.
This law makes a step forward in the fight against doping, creating the Andorran national body of independent anti-doping Agency's anti-doping and interlocutor of the World Anti-Doping Agency. The Andorran Agency will be responsible, among other functions, to sign and implement the World Anti-Doping Code updates and to develop the national plan for the fight against doping.
Article 1. Object the object of this law is the creation of the Andorran anti-doping agency. This agency is the national anti-doping organization in Andorra and has exclusive jurisdiction and control in the area of doping in Andorra. The Andorran anti-doping Agency has the mission to sign and implement the World Anti-Doping Code in effect at any given time, with the aim of protecting the right of athletes to participate in sports without doping, promote health and ensure equity and equality of everyone in the field of sport.
Article 2. Scope of application this law is applicable to all practitioners of sport, of national federations, technicians and managers and, in general, to all the staff of support for athletes of any sport both competitive level as well as in the field of leisure.
Article 3. Doping is considered doping in sport one or more violations of the anti-doping rules contained in the World Anti-Doping Code approved by the World Anti-Doping Agency.
Article 4. Creation of the Andorran anti-doping Agency 1. Anti-Doping Agency was created as a public body with the Andorran legal personality, independent of the public administrations and with full capacity to act.
2. The Andorran anti-doping agency is the national body for combating doping and interlocutor of the World Anti-Doping Agency.
3. The Andorran anti-doping Agency assumes the functions and the powers of the national anti-doping Commission, created by the regulation on the control of sports doping, 18 May 2005, and is responsible for adopting rules that you should follow to start, apply or enforce any part of the doping control process.
4. In the area of anti-doping is recognised as the anti-doping organisation responsible for Andorran Agency of developing the national plan to combat doping in accordance with the World Anti-Doping Code.
Article 5. Legal status 1. The Andorran public law institution Agency anti-doping with patrimonial and financial autonomy and full public and private capacity to act for the development of its objectives, which is governed by the provisions of this law.
2. The Andorran anti-doping Agency remains subject to private law, except when exercising the administrative powers attributed this law or any other regulation with the rank of law. The contracts are awarded according to the regulation of public contracts in force.
3. The Andorran anti-doping Agency can hire with third parties conducting any activity of a material, technical or instruments that may be necessary for the fulfillment of its functions.

4. The Andorran anti-doping Agency manages its resources with complete independence of the general administration of the State, while respecting the principles of efficiency, effectiveness and prudence.
Article 6. Functions of the anti-doping agency functions Andorran Agency anti-doping independently develop the Andorran public administration and are, among others, those that correspond to the institution in accordance with the World Anti-Doping Code and the World Anti-Doping Code) sign: a laws in Andorra and ensure that they comply with the provisions of the code.
b) to adopt and implement anti-doping policies and rules according to the World Anti-Doping Code and the international standards of the World Anti-Doping Agency.
c) Collaborate with other organizations and competent national agencies and other anti-doping organizations.
d) to promote the realization of reciprocal checks between national anti-doping organizations.
e) to promote research in the field of anti-doping.
f) to draw up and carry out a comprehensive plan to combat doping.
g) all the other functions that the World Anti-Doping Code attributed.
Article 7. Organs of the anti-doping Agency's anti-doping Agency Andorra Andorra is made by the Council of the anti-doping Agency and the Andorran Executive Committee.
Article 8. The Agency's anti-doping Board Andorran 1. The Council of the Andorran Agency structure of anti-doping as follows: a) Presidency, which corresponds to the Minister competent in matters of sports or a representative appointed by him.
b) Vice President, that the person who is the head of the Executive management of the Andorran anti-doping Agency.
c) Vowels, which have the following individuals:-one representative for each of the ministries responsible for sports, health, the Interior and Foreign Affairs Minister, appointed by the respective holder.
-A specialist in sports medicine or the person in charge of this matter, if it exists. This member is appointed by the Medical Association.
-the president of the Andorran Olympic Committee or a representative designated by him.
-a representative of the sports federations elected by these federations among their representatives in the Andorran Council of sport.
-a representative of the Andorran associations of athletes chosen by these associations or, in lack of this representative, the designated athlete or designated by the Minister competent in matters of sports in the Andorran Council of sport.
-the president of the College of pharmacists or a representative designated by him.
d) Secretary, made freely by the Minister competent in matters of sports.
2. the sessions of the Council of the Anti-Doping Commission, the president of the Andorran Agency can invite the experts it deems appropriate on the basis of the issues that are raised.
3. may Only receive financial reward those members who come to perform technical tasks and that his presence on the Board doesn't come determined by its representation of the different ministries of the Government or of sports federations, associations or professional bodies.
4. All the members of the Board of the Andorran anti-doping Agency are appointed for a period of six years, renewable at the end of each period and must exercise their functions completely independent of any other liability that holding.
Article 9. Executive Committee 1. Corresponds to the Board of the anti-doping Agency Executive Committee, which appointed the Andorran is structured in the following way: the executive director of the Andorran anti-doping agency. This is appointed by the Council of the Andorran anti-doping Agency.
A technical delegate for the Ministry in charge of sports.
A technical support representative by the Ministry in charge of sports.
2. All members of the Executive Committee are appointed for a period of six years, renewable at the end of each period.
3. Only you can receive economic compensation for the executive director of the anti-doping Andorran Agency.
Article 10. Powers of the organs of the Andorran anti-doping Agency 1. The Council of the Andorran Agency is the body responsible for anti-doping the fulfilment of the functions assigned to the Agency by this law and by the Andorran anti-doping World Anti-Doping Code, or both.
2. The Council of the anti-doping Agency Executive Committee delegated the Andorran in administration, budget management and also the decisions and operational activities as well as the other functions I decide.
Article 11. Regulations of the Andorran Agency anti-doping in the first session of the Council of the Andorran anti-doping Agency has to approve the internal rules governing the operation of the Agency, in accordance with the provisions of the World Anti-Doping Code. This Regulation shall apply automatically to all practitioners of sport, to all national federations as well as the technicians and managers and, in general, to all the staff of support for athletes of any sport both competitive level as well as in the field of leisure.
Article 12. National anti-doping rules the Board of the Andorran Agency must approve national anti-doping rules anti-doping in the first session that you meet. This text must contain, as a minimum, the control procedure, the disciplinary regime of doping, disciplinary organs of doping and its composition as well as the Committee's authorization for therapeutic use. The national anti-doping Rules must also include all the sections and the provisions contained in the World Anti-Doping Code.
Article 13. Economic regime 1. The Andorran Agency prepares an annual anti-doping budget project enough to set up the anti-doping programs in the aspects contained in the World Anti-Doping Code. The project budget must be delivered to the Finance Ministry in charge of anti-doping Andorran Agency because, once approved by the Government's agreement, to be submitted to the General Council, to be integrated into the General budget of the State.
2. The Andorran anti-doping Agency is required to take the accounts of its operations and activities. In any case, you should bring the following accounting books: daily major, inventory and balance sheet.
3. At least once a year, the Andorran Agency submits an audit of their finances in anti-doping bills, which are fiscalitzats by the Court of Auditors in the exercise of its functions.

4. The financial control of the Andorran anti-doping agency is exercised by the General intervention of the Government in accordance with the provisions of the general law on public finance.
5. The Andorran anti-doping Agency has, for the fulfillment of its purposes, the following resources: a) assignments that are established annually in the General budget of the State.
b) assets and rights which constitute its heritage, as well as the products and the incomes of this heritage.
c) donations and grants received from public or private entities.
of) any others that may be legally attributed.
6. The Andorran anti-doping Agency, after deducting all the expenses and depreciation, should allocate all their income to finance the powers that are found.
Repealing the first abolishes the provisions of title IV of the regulation on the control of sports doping, may 18, 2005, on the national anti-doping Commission, and also any other provision of the same Regulation and the law of the sport, 30 June 1998, which is opposed to the content of this law.
Repealing second with the approval of the regulation and the national anti-doping Rules laid down in articles 11 and 12, the regulation on the control of sports doping, 18 May 2005, will be repealed.
Final provision. Entry into force this law shall enter into force the day after being published in the official bulletin of the Principality of Andorra.
Casa de la Vall, 10 March 2016 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Joan Enric Vives Sicília François Hollande Bishop of Urgell, President of the French Republic Co-prince of Andorra Co-prince of Andorra