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PROPOSED LAW NO. 80 /X

Exhibition of Motives

The XVII Government Programme took on as a priority measure the presentation of a

new law of bases for sport. The presentation of the present legislative initiative aims to

fulfill that commitment and contribute to the promotion and generalization of the activity

physics and sport, as well as supporting regular and high-throughput sports practice.

To achieve this desiderata, it was organised between December 2005 and February 2006

a Congress of Sport, which has translated into a broad process of consultation and debate

public, well ranking in the fact that sessions have been held in all the districts, well

as in the Autonomous Regions. This Congress-the first, incidentally, which was held in

Portugal in these moulds and with these goals-provided, to all those who wished to,

the opportunity to formulate suggestions for the drafting of this legislative proposal.

The numerous contributions received at that headquarters are therefore the basis of this Proposal

of Law that sets new priorities. This is, therefore, a structuring law, stemming from a

national commitment and which defines a model based on a participative and

responsible among the State, Autonomous Regions, local authorities and all agents

sports, with a view to the increase in the sports participation indices of the whole

population.

The express mention of "physical activity", alongside the reference to the "sport", aims to emphasize the

purpose of the Government to not only support the regular sports practice and high-throughput-

traditional object of our sports policies-as also creating conditions for if

promote and develop, among the general population, the "physical activity" while

essential instrument for the improvement of the physical condition, quality of life and good

be, as well as to encourage the Portuguese to integrate physical activity into their

habits of everyday life by the beneficial effects it has for health. In this sense,

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it is incumbent on the Public Administration to promote programmes, with a view to creating spaces

public appropriate for sports practice, as well as adopt measures that facilitate the

adoption of active lifestyles.

It has chosen, in this purpose, to distinctly mention these two realities-such as the

make, incidentally, the legal ordinances of some of the countries that are references

sports in the international context-so that the development of physical activity,

which has specific and well distinguished demands from the regular sports practice and

competition, was not obnubilated by its inclusion in the policies that, complaining of

sports development, if they forget, with excessive ease, to give response to the

needs for physical activity of the population pool.

It is in this context that they should be understood, in addition to other aspects, various precepts

of this Bill of Law, specifically, when it commits, to the Public Administration in the area of

sport, responsibilities in the implementation of promotion and incentive programmes to practice

of the physical activity, when it establishes with a general character, for the presting entities of

sports services and for those organising evidence or sporting events in

public places, the obligation of respect for rules that aim at the defence of health and safety

of the sports practitioners, while consumers of such services or participants in

such events or yet when it provides for the institutionalization of an insurance scheme

compulsory to cover personal accidents occurring in sports infrastructure

open to the public and in sports evidence with popular participation.

On the other hand, particular attention has been given to the principles that pass reger two

important factors of sporting development: the formation of tables and the policy of

sports infrastructure.

In what concerne the formation of tables are formulated particular demands for those who

intend to frame professionally, while technicians, the practice of physical activities

or sports, setting out, on the other hand, that the respective qualification is due

perspectivate in the frame of vocational training entered into the job market.

With regard to sports infrastructure policy, it aims to ensure that

coordination between investments carried out by local authorities and those who are from the

initiative of the State Administration. To ensure a balanced regional distribution

of the equipments, is conditional on the construction of new equipment composed of

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by the State for the issuance of prior and binding opinion of the member of the Government that guardian the

area of sport. On the other hand, they regulate, in new terms, the improperly-called

"sporting servitude", by the same if it has revealed an inappropriate instrument and

hardly fruition for the defence of the public interest.

Major Innovation of this Law Proposal is the way in which the new status of

sports public utility, designed-as it was soon found in Law No. 1/90, of 13

of January-as an indispensable requirement for a legal person of private law

is considered, for legal purposes, as a sports federation. Diversely than

found, however, of that Act, the present Proposition of Law does not establish that such a statute (of

sports public utility) be conditio sine qua non to have access to supports

public financial, aspect which is now conditional only on the entitlement of the statute

of mere public usefulness: the status of sporting public utility, rather, lies

confined essentially to the delegation of public powers and the obligations arising therefrom

as a counterpart. Thus, it also avoids that strictly financial matters

end up by putting into crisis the criterion of the delegation of public powers inherent in the assignment

of the status of sports public utility.

The status of sports public utility shall therefore comprise the allocation of rights and the

imposition of obligations.

In this particular matter, it matters to underline three important innovations of this Law Proposal, in

relation to the regime that has been vigorating in Portugal since 1990:

-on the one hand, the status of sporting public usefulness becomes concession

temporary, for periods of four years, in principle coincident with the cycle

Olympian;

-on the other hand, it is clarified that the assignment of this status involves rights and establishes

obligations, when it currently only refers that it assigns rights;

-finally, the exclusive sporting rights regime of federations is clarified.

sports, as well as the sanctionatory regime in the event of an abusive use of these rights

by non-holding entities of the status of sports public utility, taking up,

in this scope, the so-called "federative unicity" principle that beams in all the

countries that work with instruments equivalent to that of the status of public utility

sporting.

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Wants the use of the delegated public powers, or the use of public funds

granted, they become subject to strict supervision by the State. Also innovative is

the possibility of suspension of public supports to entities that are found in

situation of tax default or in the face of social security.

The present legislative initiative still translates an increased concern of the State in the

separation between professional and non-professional sport, particularly in what concerne to

professional leagues and their relations with the sports federations in which they are inept. The

this respect fulfils the following aspects:

-the consecration of a new professional league concept, clarifying that this will have

compulsorily to take the form of non-profit association and pass the

be able to encompass, not just the participating clubs and sports societies of the

professional competitions, but also other sports agents;

-the establishment, on the line of what constitutes the specific matrix of the European model of

sport, of which competitive frameworks managed by the professional leagues constitute the

higher level of the sports competitions developed within the respective

sports federation, thus presupposing the existence of permeability schemes

between the professional competitions and the others and invitationalizing the idea of the leagues

closed;

-the clarification that the leagues are integrated into the respective federations and that

exercise, by delegation of these, the skills to regulate the competitions of

professional nature;

-the clarification of the relations between the leagues and their respective sports federations, in

particular in what concerns discipline and arbitration, preventing, in what is this

concerne, that the same is structured in such a way as the entities that designate the

referees for the contests are necessarily different from the entities that

evaluate the provision of them;

-the definition further that the relationships between professional leagues and federations

respective are established contractually, specifically in what concerne the

number of clubs participating in the professional competition, to the access regime between

professional and non-professional competitions, the organisation of the activity of the

national selections and support for non-professional sporting activity, predicting

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a form of overcoming conflicts that from here will eventually arise through

intervention by the National Council of Sport and the recourse to arbitration.

As far as sports clubs and societies are concerned, the principle remains that the

clubs which, in the sporting competitions of a professional nature, do not adopt the form of

sports society, they become subject to a special management regime, tendant to guarantee the

special responsibilities of these clubs arising from participation in such type of

competitions.

In what concerns high-throughput sport (new designation than, in a way

manifestly untuned, called itself "high competition") introduce two

riding novelties:

-on the one hand, they integrate the arbitrators in this regime, alongside the technicians;

-on the other hand, the institutionalization of a support scheme for agents is expected.

sporting people who benefit from this scheme, after the end of their career.

The Olympic Committee of Portugal continues to be enshrined as the summit structure of the

Olympic movement in our Country, as it plays relevant mission of interest

public that matters to preserve and defend.

The present Proposal of Law inova also with regard to the discipline of contracts-

sports development programme, which title the supports, inter alia

financial, which the state assigns. Such innovations focus on two key aspects:

-on the one hand, the obligation is established, for the entities requesting supports

financial, of exhaustive identification of the sources of funding that are forecast for

initiatives, which is particularly relevant to other sources of funding

public;

-on the other, and since the supports that are granted are in the presupposition that such

funds are intended exclusively for the fulfillment of the public purposes that if

have agreed, determines the unceibility of burdening or judicial apprehension of

such funds.

Finally, important innovations are devoted in three other fields:

-in tax matters: in so far as an appropriate taxation regime is provided for

the scholarships awarded in the framework of the high-income support scheme;

-at the headquarters of the sports entrepreneurs ' scheme, it is set, in express terms, the duty

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of professional secrecy of entrepreneurs in relation to facts pertaining to their

represented;

-in free entry into sports precincts, it is clarified that its discipline

should be set up restrictively in the framework of access to sporting performances

with paid entries, so as to compatibilize this right with the right on the

spectacle that they are holders of the organising clubs.

The self-governing bodies of the Autonomous Regions and the associations should be heard

representative of local authorities.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

CHAPTER I

SUBJECT AND GENERAL PRINCIPLES

Article 1.

Subject

This Law sets out the foundations of the development policies of physical activity and the

sport.

Article 2.

Principles of universality and equality

1-Everyone has a right of access to the practice of physical activity and sport,

regardless of their ancestry, gender, race, language, territory of origin,

religion, political or ideological beliefs, instruction, economic situation, condition

social or sexual orientation.

2-A The practice of physical activity and sport should contribute to the promotion of a

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balanced and non-discriminatory vision between men and women.

Article 3.

Principle of sports ethics

1-A The practice of physical activity and sport is developed in observance of the

principles of ethics, defence of the sporting spirit, sporting truth and the

full training of all participants.

2-In the pursuit of the defence of ethics in physical and sporting activity, it is the function of the State

adopt the measures aimed at preventing and punishing anti-sport demonstrations,

specifically violence, corruption, doping and any form of discrimination

social.

3-Are especially supported the movements and initiatives, as well as projects

educational and social, in favor of the sporting spirit and tolerance.

Article 4.

Principle of cohesion

The development of physical activity and sport is carried out in a harmonious manner and

integrated, in the respect for territorial continuity, with a view to combating asymmetries

regional and to contribute to social insertion and national cohesion.

Article 5.

Principles of coordination, decentralization and collaboration

1-The State, the Autonomous Regions and local authorities articulate and compatibilize the

respective interventions that are passed on, directly or indirectly, in the

development of physical activity and sport, in a decentralized framework of

assignments and competences.

2-The State, Autonomous Regions and local authorities promote development

of physical activity and sport in collaboration with educational institutions, the

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sports associations and the other entities, public or private, that act in these

areas.

CHAPTER II

PUBLIC POLICIES

Article 6.

Promotion of physical activity

1-Incumbent on the Public Administration the promotion and generalization of physical activity,

as an essential tool for the improvement of the physical condition, the quality of life

and of the health of citizens.

2-For the purposes of the provisions of the preceding paragraph, the State, in close conjunction with the

Autonomous Regions and with local authorities, adopt programmes that aim to:

a) Creating public spaces apt for the practice of physical activity;

b) Encouraging the integration of physical activity into everyday life habits, well

as the adoption of active lifestyles;

c) To promote the reconciliation of the practice of physical activity with personal, family life

and professional.

Article 7.

Development of sport

1-It Is Incumbent on the Public Administration in the area of sport to support and develop the practice

regular and high-throughput sports, through the provision of technical means,

human and financial, encourage the training activities of sports agents

with a view to their qualification, as well as to exercise supervisory functions, in the terms

legally defined.

2-Within the framework of the central government of the State, the National Council of the

Sport, advisory body for the area of Sport, and the National Authority

Anti-doping, with functions in the control and combating doping in sport.

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3-The competences, composition and operation of the organs referred to in the preceding paragraph

are defined in the law.

Article 8.

Policy for infrastructure and sports equipment

1-The State, in close collaboration with the Autonomous Regions and with the authorities

places, develops an integrated policy of infrastructure and sports equipment

on the basis of balanced territorial distribution criteria, environmental valorisation and

urbanistic and sporting and economic sustainability, aiming at the creation of a

diversified and quality sports park, in coherence with a strategy of

promotion of access to the practice of physical and sports activities, at its various levels

and for all scales and groups of the population.

2-Territorial instruments of territorial management shall provide for the existence of infrastructure of

collective use for sports practice.

3-With the aim of incrementing and requalifying the sports infrastructure park

at the service of the population the State ensures:

a) The realization of plans, programmes and other Directors instruments that regulate the

access to public financing and to diagnose the needs and

to establish the strategies, priorities and criteria for development

sustained from the provision of sports infrastructure and equipment;

b) The establishment and development of a legal and regulatory framework that

regulate the edification and use of the spaces and infrastructures for the practice of

physical and sports activities, as well as the granting of the respective licences

of construction and use;

c) The adoption of appropriate measures for the effective improvement of the conditions of

accessibility, safety and environmental and health quality of the infra-

structures and sports equipment of public use.

4-A edification of public and private sports facilities, when comprised

by the State, it lacks the prior and binding opinion issued by the member of the Government

responsible for the area of sport.

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5-Public financial comholdings for construction or improvement of infra-

sporting structures owned by private entities and, as well, acts of

free budding of the use or management of public sporting heritage to entities

private, are compulsorily conditional on the assumption by these of countermatches of

public interest.

6-In accordance with the law, and observed the guarantees of private individuals, the Government may

determine, for limited periods of time, the requisition of sports infrastructure

of ownership of private entities for holding of sports competitions

suitable to the nature of those, where the justifying the public and national interest and

that check out urgency.

Article 9.

Research

The State, in collaboration with the higher education institutions, promotes and supports the

carrying out studies and research work on the indicators of sports practice

and the different factors of development of physical activity and sport, in

particular within the scope of high-throughput sporting practice.

Article 10.

National Sports Atlas

1-A The law mandates the drafting of the National Desportive Atlas, which contains the enrollment and the

record of data and indicators that allow knowledge of the various factors of

sports development, with a view to the knowledge of the sporting situation

national, particularly as to:

a) Sports facilities;

b) Natural spaces of recreation and sport;

c) Sports associativism;

d) Sporting habits;

e) Physical condition of people;

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f) Human framework, including the identification of participation in the role of the

gender.

2-The constant data of the National Desportive Atlas are integrated into the statistical system

national.

Article 11.

International cooperation

1-In the sense of incrementing cooperation in the area of sport, the State ensures full

Portuguese participation in the European and international sporting bodies.

2-The State establishes cooperation programs with other countries and dynamizes the

international sports exchange on the various age scales.

3-The State privileges sports exchange with Portuguese-speaking countries, in

particular in the framework of the Community of Portuguese-speaking Countries.

4-The welfare state for sports programmes to be implemented

vocationalized to the Portuguese communities established in other countries, with

a view to the development of ties with their community of origin.

CHAPTER III

SPORTS ASSOCIATIVISM

Section I

Olympic Organization

Article 12.

Olympic Committee of Portugal

1-The Olympic Committee of Portugal is a not-for-profit association, endowed with

legal personality, which is governed by its statutes and regulations, in respect of

law and by the International Olympic Charter.

2-The Olympic Committee of Portugal has exclusive competence to constitute, organize and

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drive the Portuguese delegation participating in the Olympic Games and the remaining

sports competitions held under the aegis of the International Olympic Committee,

collaborating in their preparation and stimulating the practice of the activities represented there.

3-The Olympic Committee of Portugal keeps up to date the record of the Olympic sportsmen

Portuguese.

4-The Olympic Committee of Portugal is entitled to the exclusive use of the Olympic symbols in

national territory, in the terms of the law.

Article 13.

Paralympic Committee of Portugal

To the Paralympic Committee of Portugal applies, with the necessary adaptations, the provisions of

previous article, in respect of sports practitioners with disabilities and the

Paralympic Games.

Section II

Sports federations

Subsection I

General provisions

Article 14.

Concept of Desportive Federation

They are sports federations, legal persons, constituted in the form of association

non-profit making, which, encompassing clubs or sports societies, associations of

territorial scope, professional leagues, if any, practitioners, technicians, judges and arbitrators, and

other entities that promote, practice, or contribute to the development of the

respective modality and fulfil, cumulatively, the following requirements:

a) If they propose, in the terms of their respective statutes, to proceed, among others, the

following general objectives:

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i) Promoting, regulating and directing, at the national level, the practice of a

sports modality or a set of related modalities or

associated;

ii) Represent before the Public Administration the interests of its affiliates;

iii) Represent your sporting modality, or set of related modalities

or associates, together with international sports organisations, as well as

ensuring the competitive participation of national selections.

b) They obtain the status of a legal person of sport utility.

Article 15.

Types of Desportive Federations

1-Sports federations are unidsportive or multi-sport.

2-Are unidsports federations those encompassing people or entities dedicated to the practice

of the same sporting modality, including its various disciplines, or a set

of related or associated modalities.

3-Are multi-sport federations those engaged in, cumulatively, the

development of the practice of different sports modalities, in specific areas

of social organisation, specifically within the framework of sport for bearer citizens

of disability and sport in the framework of the education system.

Article 16.

Exclusive sporting rights

1-A The allocation of sports titles, national or regional level, is privately owned

sports federations and only these can organise national selections.

2-A The law defines the forms of protection of the name, image and activities developed by the

sports federations, stipulating the respective counterordinate regime.

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Article 17.

Social deliberations

1-In the general assembly of sports federations, professional leagues and associations of

territorial scope are not allowed votes by representation.

2-The deliberations for the designation of the holders of organs, or involving the assessment

of behaviors or the qualities of any person, are taken by scrutiny

secret.

Article 18.

Sporting justice

1-They are not likely to appeal outside the competent bodies in the sporting order as

decisions and deliberations on strictly sporting matters.

2-Are strictly sporting matters as they have on the grounds of standards of

technical or disciplinary nature, while emerging issues of the application

of the laws of the game, the regulations and the rules of organization of the respective

competitions.

3-For the purposes of the provisions of the preceding paragraph, disciplinary decisions and deliberations

relating to infringements of sports ethics, in the scope of doping, violence and the

corruption are not strictly sporting matters.

4-The emerging disputes of the acts and omissions of the organs of sports federations and of the

professional leagues, in the framework of the exercise of public powers, are subject to the

standards of administrative litigation, staying safeguarded with sporting effects

in the meantime validly produced following the last decision of the instance

competent in the sporting order.

Subsection II

Sports public utility

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Article 19.

Status of sports public utility

1-Sports public utility status confers on a sports federation to

competence for the exercise, in exclusive and within the respective scope, of powers

regulatory, disciplinary and other in a public nature, as well as the entitlement of the

rights and powers especially provided for in the law.

2-A sports federation to which the status mentioned in the preceding paragraph is conferred

is obliged, inter alia, to meet the development objectives and

generalization of sports practice, to ensure representativeness and functioning

internal democratic, in particular through the limitation of mandates, as well as the

transparency and regularity of its management, in the terms of the law.

3-Have public nature the powers of sports federations exercised in the framework of

regulation and discipline of the respective modality that, for so much, are

conferred by law.

Article 20.

Assignment, renewal, suspension and cancellation of the utility statute

sports public

1-For the purposes of the b ) of Article 14, the status of sporting public usefulness can only

be assigned to legal persons holding the status of mere public utility.

2-Sports public utility status is allocated per coincident period with the

Olympic cycle, as a rule of four years, fining which is renewed, at the request of the

interested, if they maintain the conditions that have determined their concession.

3-A definition for each Olympic cycle of sports modalities and modalities

related or associated, as well as of the specific areas of social organization within the framework of

which can be assigned the status of sports public utility, is carried out by

would pore from the member of the Government responsible for the area of sport.

4-A The law defines the terms of assignment, renewal, suspension and cancellation of the statute

of sports public utility.

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Article 21.

Supervision of the exercise of public powers

The surveillance of the exercise of public powers, as well as compliance with the rules of

organization and internal operation of sports federations is carried out, in the terms

of the law, on the part of the Public Administration, by carrying out surveys, inspections

and unionances.

Subsection III

Organisation of professional sports competitions

Article 22.

Professional league

1-Unidsports federations in which to compete for sporting competitions of nature

professional, as such defined in the law, integrate a professional league, in the form of

non-profit association, with administrative, technical and financial autonomy.

2-A professional league exercises, by delegation of the respective federation, the skills

relating to the competitions of a professional nature, namely:

a) Organizing and regulating the competitions of a professional nature, respecting the

technical rules defined by the competent national federative bodies and

international;

b) Exercise, in respect of their associates, the functions of control and supervision

that are set out in the law or in the respective statutes and regulations;

c) Define the sports, financial and organisation assumptions of access to

professional competitions, as well as to scrutinise their execution by the entities

in these participants.

3-A professional league is integrated, compulsorily, by the clubs and sports societies

who vie for the professional competitions

4-A The professional league may still, under the law and the respective statutes, integrate

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representatives of other sports actors, particularly of practitioners and of the

coaches.

Article 23.

Relations of the sports federation with the professional league

1-The relationship between the sports federation and the respective professional league is regulated

by contract to be concluded between those entities, pursuant to the law.

2-In the contract mentioned in the preceding paragraph shall be agreed, among other subjects,

on the number of clubs participating in the professional sports competition, the

access regime between non-professional and professional sports competitions, the

organization of the activity of national selections and support for sports activity not

professional.

3-Competitive frameworks managed by the professional league constitute the highest level

of the sporting competitions developed within the framework of the respective federation.

4-In the lack of agreement between the sports federation and the respective professional league for the

conclusion of the contract or for its renewal, it competes with the National Council of the

Sport regular the subjects referred to in paragraph 2, with the exception of the support for the activity

non-professional sports that is submitted to the Constant Arbitration scheme of the Act

n. 31/86, of August 29.

Article 24.

Regulation of professional sports competitions

1-Compete to the professional league draw up and approve the respective competition regulation.

2-A the professional league draws up and approves, equally, the respective regulations of

arbitration and discipline, which submits ratification by the general assembly of the federation in the

breast of which to enter, in the terms of the law.

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Article 25.

Discipline and arbitration

1-In the sporting federations in which to contest competitions of a professional nature, the

body of arbitration and discipline shall be organized in specialized sections,

as per the nature of the competition.

2-A arbitration is structured in such a way that the entities designating the arbitrators for the

contests are necessarily different from the entities evaluating the provision

of the same.

Section III

Sports clubs and societies

Article 26.

Sports clubs

1-Are sports clubs the legal persons of private law, constituted in the form

of not-for-profit association, which have as scope the fostering and direct practice

of sports modalities.

2-Sports clubs, or their professional teams, participants in the competitions

professionals become subject to the special management regime, defined in the law, save if

adopt the form of a for-profit sports society.

Article 27.

Sporting societies

1-Are sports societies the legal persons of private law, constituted under the

form of anonymous society, the object of which is participation in sports competitions,

the promotion and organisation of sporting performances and the fostering or development

of activities related to the professionalized sports practice within the framework of a

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modality.

2-A The law defines the legal regime of sports societies, safeguarding, among others

objectives, the defence of the rights of the associates of the founding club, of the public interest and

of the real estate heritage, as well as the establishment of a tax regime appropriate to the

specificity of these societies.

CHAPTER IV

PHYSICAL AND SPORTING ACTIVITY

Section I

Practice of physical and sporting activity

Article 28.

Sport in educational establishments

1-A Physical education and sport in school should be promoted in the curriculum and

of curricular enrichment, at all levels and degrees of teaching, targeting

specifically the promotion of health and physical condition, the acquisition of habits and

motor conduits and the understanding of sport as a factor of culture.

2-Higher education institutions define the regulatory principles of practice

sports of the respective communities, recognizing the relevance of associativism

student and the respective governing structures at the headquarters of organisation and

development of the practice of sport in this scope.

Article 29.

Sports practice by people with disabilities

The practice of physical activity and sport on the part of people with disabilities

is promoted and fostered by the State, with the appropriate technical aids, adapted to the

respective specificities, with a view to full integration and social participation, in

equality of opportunity with the remaining citizens.

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Article 30.

Traditional games

Traditional games, as an integral part of the diverse cultural heritage of the various

regions of the Country, are fostered and supported by the State, Autonomous Regions and authorities

locations.

Article 31.

Sport in Nature

1-A physical and sporting activity practiced outside sports infrastructure should be reger-

whether by the principles of respect for nature and the preservation of its resources, well

as by the observance of the standards of the prevailing territorial management instruments,

particularly those that respect the classified areas, so as to ensure the

conservation of biological diversity, the protection of ecosystems and the management of

resources, waste and the preservation of natural and cultural heritage.

2-The activities mentioned in the preceding paragraph shall contribute to the dissemination and

interpretation of natural and cultural heritage, the promotion of nature tourism and the

environmental awareness and education.

Article 32.

Evidence or sporting events in public places

1-It must be compulsorily preceded to appear favourable, to be issued by the respective

sports federation, the realisation of evidence or sporting events, which

cumulatively:

a) They are due on the public route or too much public places;

b) They are open to the participation of practitioners enrolled in sports federations;

and

c) Under which prizes are awarded, in cash or in kind, higher than

amount to be fixed in law.

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2-A competent sports federation must approve the regulation of proof or

sports demonstration referred to in the preceding paragraph, in order to ensure respect for the

rules for the protection of health and safety of the participants, as well as compliance

of the technical rules of the modality.

3-The evidence or sporting events referred to in the preceding paragraphs are entered

in the calendar of the respective federation.

Article 33.

Promoter associations of sport

They are sports promoter associations the entities, not-for-profit they have for

object to the promotion and organisation of physical and sporting activities, with purposes

lucid, formative or social, not understood in the area of own performance of the

sports federations, whose legal regime is defined in the law.

Section II

Sports agents

Article 34.

Sports practitioners

1-The status of the sports practitioner is defined in accordance with the dominant end of his

activity, understanding itself as professionals those who carry out the activity

sports as an exclusive or main profession.

2-The contractual legal regime of professional sports practitioners as well as the

sports training contract, is defined in law, heard from union entities

representative of the interested persons, taking into account their specificity in relation to the

general scheme of the contract of employment.

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Article 35.

Training of technicians

1-A The law defines the qualifications necessary for the exercise of the different technical functions in the

area of physical activity and sport, as well as the process of acquisition and of

updating knowledge for the purpose, in the frame of vocational training

entered into the employment market.

2-It is not permitted, in the cases specially provided for in law, the exercise of occupations in the

areas of physical activity and sport, specifically in the context of sport management,

of exercise and health, physical education and sports training, the title of occupation

main or secondary, in a regular, seasonal or occasional way, without the proper

academic or vocational training.

Article 36.

Holders of sport leadership positions

The Act defines the rights and duties of holders of sport leadership positions, stipulating,

notably, the legal regime of incompatibilities applicable to the exercise of functions.

Article 37.

Sports entrepreneurs

1-Are sports entrepreneurs, for the purposes of the provisions of this Law, the persons

natural or legal persons who, being duly accredited, carry out the activity

of representation or intermediation, occasional or permanent, upon remuneration, in the

celebration of contracts for sports training, sports work or relating to

image rights.

2-The exercise of the activity of sports entrepreneur is incompatible with performance,

direct or indirect, free of charge or remunerated, of any other functions in clubs,

societies, associations or sports federations, as well as in the Olympic Committee of

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Portugal, in the terms of the law.

3-The sports entrepreneur cannot act on behalf of and on account of sports practitioners

underage ones.

4-The facts pertaining to the personal or professional life of sports agents that the

sports entrepreneur take notice by virtue of his duties, they are

covered by professional secrecy.

5-A The law defines the legal regime of sports entrepreneurs.

Article 38.

Support for volunteering

1-The State recognises the essential role of sports agents in regime of

volunteering, especially young people, in the promotion and in support of the development of the

practice of physical activity and sport, being guaranteed the necessary conditions to

good pursuit of the socially relevant mission that competes them.

2-A The law sets out the measures to support sports agents in volunteering.

Section III

Protection of sports agents

Article 39.

Sports medicine

1-Access to sports practice, within the scope of sports federations, depends on proof

quite a lot of the physical fitness of the practitioner, to certify through medical examination that declare

the non-existence of any counter-indications, to be regulated in legislation

complement.

2-Within the scope of physical and sports activities not included in the preceding paragraph,

constitutes special obligation of the practitioner to ensure, in advance, that he has not

any counter-indications for your practice.

3-Incumbent on the sports medicine services of the central government of the State to

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research and participation in trainings, as well as the provision of

medical assistance specialized to the sports practitioner, specifically in the frame of the

high income regime, in support of national selections and, when requested, to

treatment of injuries.

Article 40.

Social security

The social security system of practitioners and too many sports agents is defined in the

scope of the general social security regime.

Article 41.

Insurance

1-The institutionalization of a compulsory insurance system of agents is guaranteed

sporting federations enrolled in sports federations, which, with the aim of covering the

particular risks to which they are subject, protects in special terms the practitioner

high-throughput sports.

2-In view of ensuring the protection of non-understood practitioners in the number

previous, the institutionalization of a compulsory insurance system is ensured for:

a) Sports infrastructure open to the public;

b) Evidence or sporting events.

3-A The law defines the modalities and risks covered by the compulsory insurance referred to us

previous numbers.

Article 42.

Obligations of sports services providers

The entities providing physical or sports activities to practitioners, who

organise events or sporting events or that explore sports facilities

open to the public, become subject to the defined in the law, with a view to protecting health and

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of the safety of the participants in the same, specifically as regards:

a) To the requirements of sports facilities and equipment;

b) To the minimum levels of training of staff who enquests these activities or

administer the sports facilities;

c) To the mandatory existence of insurance relating to accidents or diseases arising

of the sporting practice.

Section IV

High throughput

Article 43.

Measures of support

1-High-income sport is considered, for the purposes of the provisions of this Law, the

sport practice that aims to achieve results of excellence, awounded in function

of international sporting standards, being the subject of specific support measures.

2-The measures referred to in the preceding paragraph are set out in a differentiated manner,

spanning the sports practitioner as well as the participating technicians and arbitrators in the

more high competitive scales at the national and international level.

3-Sports agents covered by the high-income scheme benefit as well

of support measures after the end of your career, in the terms to be defined in legislation

complement.

Article 44.

National selections

Participation in the selections or in other national representations is classified as

mission of public interest and, as such, the subject of support and special guarantee by the

State.

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CHAPTER V

FINANCIAL SUPPORTS AND TAXATION

Article 45.

Financial supports

1-Private legal persons may benefit from supports or compositions

financial by the State, Autonomous Regions and local authorities in the area

of the sport, provided that they are holders of the status of mere public utility, without

loss of support for sports events of public interest, as such recognized by

dispatch of the member of the Government responsible for the Desporto area.

2-The participating sports clubs in sports competitions of a professional nature

may not benefit, in that scope, of financial supports or comprisations by

of the State, the Autonomous Regions and the local authorities, in any form, save in the

touching on the construction or improvement of infrastructure or sports equipment

with a view to the realization of sports competitions of public interest, as such

recognized by the member of the Government responsible for the area of sport.

3-The supports or financial compositions granted by the State, by the Regions

Autonomous and local authorities, in the area of sport, are titled by contracts-

sports development programme, under the law.

4-The beneficiary entities of supports or financial comholdings by the

State, of the Autonomous Regions and local authorities in the area of sport, stay

subject to supervision by the granting entity, as well as to the obligation to

certification of your accounts when the amounts granted are higher than the limit

to that effect defined in the legal regime of the contracts-development programme

sporting.

5-Sports federations, professional leagues and associations of territorial scope have

compulsorily to possess organized accounting according to the standards of the Plan

Officer of Accounting.

6-The provisions of the preceding paragraph shall apply to sports clubs and sports companies,

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with the constant adaptations of regulation appropriate to the competition in which

participate.

7-Without prejudice to other consequences that result from the law, they cannot benefit from

new financial supports by the State, Autonomous Regions and authorities

places the entities that are in a situation of non-compliance with their obligations

tax or for social security, and the financial benefits should be suspended

arising from any ongoing contracts-program while the situation holds.

Article 46.

Contracts-program

1-A grant of support or financial compositions in the area of sport, by

Celebration of contracts-programme, depends, inter alia, on the observance of the

following requirements:

a) Presentation of sports development programmes and their characterization

detailed, with specification of the forms, means and deadlines for their

compliance;

b) Presentation of costs and the benchmarking of degrees of financial autonomy, technical,

material and human, provided for in the programmes referred to in the preceding paragraph;

c) Identification of other sources of funding, provided for or granted.

2-The supports provided for in the preceding article are exclusively allocated to the

purposes for which they were assigned, being untenable of judicial apprehension or

oneration.

Article 47.

Tax regimes

1-The tax regime for the taxation of sports agents is established in a manner

specific and, in the case of sports practitioners, according to parameters adjusted to the

nature of fast-wear professions.

2-The scholarships awarded under the general support scheme for high income, by

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entities of a public and or private nature, are intended to support the costs inherent in the

preparation of the sports practitioners, their tax regime being established in the law.

3-Under the statute of the Mecenate, they have tax relevance the donations in cash or

in kind granted without countermatches that set up character obligations

pecuniary or commercial to the public or private entities provided for it whose activity

consist, predominantly, in the realization of initiatives in the sporting area.

CHAPTER VI

FINAL PROVISIONS

Article 48.

Access to sports performances

1-A The law defines consumer protection measures, particularly as regards

to the protection of economic interests and the right to prior information as to the value to

pay in the sporting spectacles practiced throughout the season.

2-A entry into sports precincts by holders of the right of free-transit,

during the period in which sports performances with paid entries are derived, it is only

permitted provided that they are in effective exercise of functions and such access is

indispensable to the cabal performance of them, in the terms of the law.

Article 49.

Special situations

1-Public policies promote and encourage physical and sporting activity in the

establishments that welcome private citizens of freedom, including those for

minors and young people subject to compliance with measures and decisions applied in the framework of the

educational tutelary process.

2-A organization and the realization of sports activities within the Armed Forces and

of the security forces comply with the rules of their own, without prejudice to the application of the

general principles set out in this Law.

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Article 50.

Abrogation standard

It is repealed the Act No 30/2004 of July 21.

Seen and approved in Council of Ministers of June 14, 2006

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs