CHAIR OF THE COUNCIL OF MINISTERS

Proposed Law No. 238 /X

Exhibition of Motives

The Programme of the XVII Government, in paragraph 2, " Generalize sports practice in

safety ", of its Chapter IV" More and better sport ", took over as a priority measure

" accentuate, in the guarantee of sports ethics, combating doping and promoting actions of

information and surveillance in defence of sporting truth ... ".

Article 7 (3) of Law No. 5/2007 of January 16, the Law on the Bases of Activity

Physics and Sport, it has in its paragraph 3 that " within the framework of the central administration of the

State, works the Anti-Doping Authority of Portugal, with functions in control and

combating doping in sport ".

The history of the fight against doping in sport in Portugal has a long tradition.

In effect, from very early on that our country had the perception of importance

fundamental of an effective system of combating doping in sport, in a manner

preserve the health of athletes and sporting truth.

At the end of the 1960, the international sporting movement took full

awareness of the existence of this problematic. In 1968, the International Olympic Committee

(IOC) has decided to conduct for the first time doping checks at the Olympic Games

Summer, which have elapsed in the city of Mexico.

In that same year of 1968, the first doping control was carried out in our country,

in the course of the Volta to Portugal on bicycle, by the Dr. Carlos Tapadinhas and Dr. Carlos Bicó.

The control was requested by the then Director General of Sports, Dr. Armando Rocha, and

the analyses were carried out in a private laboratory in Lisbon.

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Between the end of those years 60 and in the course of the 1970, the checks were carried out in the

its vast majority in the modality of cycling and under the regulations of the Union Cycliste

Internationale.

Initially, the analyses were carried out at the Faculty of Pharmacy of Lisbon, by Prof.

Doctor Borralho Grace, passing later, in the period between 1974 and 1981,

to be held at the Faculty of Pharmacy of Coimbra by Prof. Doctor Proense of the

Cunha.

In the analyses carried out in cycling between 1969 and 1984, about 11% of the results

proved positive, which, although representing a high percentage was

short of what was passed in other countries. However, the analytical procedures were

performed essentially with chromatographic methods, which were much less sensitive

of those currently used, essentially in the detection of certain compounds such as the

anabolic steroids, the use of which was already suspected at that time.

In 1970, Portugal publishes the first legal diploma where the thematic of the doping is

addressed, through the Decree-Law No. 420/70, of September 3, 1970.

The Portuguese authorities, concerned about the then-lived situation, decide to create, in

1977, the Commission for Regulation of Anti-Doping Control, coordinated by Dr.

Orlando Azinhais, who represented the pioneering structure of the National Council

Anti-doping (CNAD).

In September 1979, through the Decree-Law No. 374/79 of September 8, it is published a

first legislation on the then designated "Anti-Doping Control".

At the end of the 1970, the installation of the Laboratory of Doping analyses in the

facilities of the Lisbon Sport Medicine Centre, by the hands of Professor Doctor

Lesseps of the Reys. However, the laboratory would only be officially created in 1985,

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by the IX Government of the Republic, receiving the denomination of Laboratory of Analyses of

Doping and Biochemistry as it owned departments of biochemistry and doping.

In 1987, the Doping Laboratory of Analyses was accredited by the IOC, going on

part of a very restricted group of accredited laboratories worldwide.

As of 1982, analyses began to be carried out in the Laboratory of Analyses of

Doping, going on to be controlled other modalities beyond cycling, on the basis

in the legislation published at the end of 1979. The number of controlled sports modalities

in our country was increasing in a progressive way, having for the first time

outdated 10 modalities in 1988, the 20 modalities in 1992, the 30 modalities in

1998, the 40 modalities in 2000 and the 50 modalities in 2004.

Although the number of controlled modalities has been increasing progressively,

only from the year 1998 is that the CNAD has gone on to conceive annually a real

Anti-doping National Plan, in close cooperation with sports federations

holders of sports public utility.

In 2007, within the framework of the National Anti-Doping Plan, they were analyzed by the Laboratory

By Dopage Analysis 3484 samples and, outside of this Plan, 239 samples, in a total of

3723 samples.

The IOC, concerned with the increasing use of anabolic steroids and other

dopant substances with long-lasting effects, conceived in 1994 the controls of

doping out of competition. Our country has implemented such checks as yet in the year of

1994 and has been carrying out a growing number of such checks year after year

recognizing their key role in the deterrence of use of doping substances.

On November 16, 1989, the Convention against the Convention is adopted in Strasbourg

Doping of the Council of Europe, which was signed by our country in 1990 and ratified

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in 1994, by the Decree-Law No. 2/94 of January 20.

Fruit of the approval of the Convention against the Dopping of the Council of Europe and of the

work of the COI Doping and Biochemistry Subcommittee, a new definition appears

of doping, which inspires the updating of Portuguese legislation, being published in 1990

o Decree-Law No. 105/90 of March 23, regulated through the Portaria No. 130/91,

of February 13. This decree-law creates the National Anti-Doping Council (CNAD),

taking over this body, since then, the definition of the policy of fight against doping in

Portugal.

Indeed, until the creation of the CNAD the fight against doping was focused solely on the

realization of doping controls. With the establishment of that Council are launched the

first educational initiatives in the framework of this matter, following the recommendations of the

Convention against the Dopping of the Council of Europe. Thus, in 1997 it was launched the

first educational and informative campaign properly structured and directed to diverse

target groups.

At the end of 2003, it is released by the CNAD the "Healthy Sport" programme, which,

taking advantage of the fact that we commemorate in 2004 the European Year of Education by the

Sport, wanted to contribute to educate the athletes, sports agents (leaders,

trainers, doctors, paramedics, among others) and young people in school age, in relation to the

thematic of the fight against doping.

Portugal was one of the first countries world-wide to recognize a fundamental right

of the sports practitioners, the right to treatment.

In 1994, the CNAD created a notification system of the use of dopant substances

for treatment of pathological situations, such that the sports practitioner could

exercise that fundamental right which, on the international level, would only come to be recognized in

2003 through the International Standard of Authorization for Therapeutic use of

World Anti-Doping AGence (AMA).

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Portugal has been actively participating, since the signing of the Convention against Dopping

of the Council of Europe, in the activities of the Monitoring Group and the Groups of

Work (Education, Science and Legal) of that Convention.

Concerned about the size achieved by the use of doping substances, the COI

organizes, at the beginning of 1999, the first World Conference against Dopping, where

various organisations of the sporting movement and countries all over the world decide to create the

World Anti-Doping Agency.

Portugal actively participated in that conference and in the working group set up at the IOC

for elaboration of the first statutes of the said Agency.

At the end of 1999, it is officially created the World Anti-Doping Agency (AMA), foundation

of private law, funded by the sporting movement and the Public Authorities of

the whole world, having the Secretary of State for Sport of the XIII Government of the Republic

been assigned to its first Board of Founders.

In this capacity, Portugal has actively participated in the drafting of the World Code

Anti-doping and International Standards drawn up by AMA.

In March 2005 a AMA organizes the second World Conference against Dopping,

that proceeded in Copenhagen, where the World Anti-Doping Code was approved, having the

XIV Government of the Republic signed the Copenhagen Declaration. Through this

Statement the countries recognized the key role of the AMA and committed themselves to

co-finance it.

Our country has been actively collaborating with AMA since its inception, through the

participation in various committees (Health, Medicine and Research, Accreditation of

Laboratories and Athletes), in missions of independent observers, in campaigns

informative and educational and in the realization of doping controls within the framework of the programme

of doping controls out of competition from that Agency.

Portugal has actively participated in the drafting of the International Convention against the

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Doping of UNESCO, fundamental document for countries all over the world

be able to recognize AMA, the World Anti-Doping Code, the International Standards and

establish common principles in the framework of the Fight against Dopping.

This Convention was approved by the General Conference of UNESCO in October 2005, and

Portugal proceeded to its ratification in 2007, through the Decree No. 4-A/2007, 20 of

March.

The 3rd World Conference of the World Anti-Doping Agency, which proceeded in Madrid in

November 2007, it adopted a new wording for the World Anti-Doping Code.

From among the innovations introduced in the Code, avulta since soon the greatest flexibility in the

sanctionatory regime, through a better application of the principle of proportionality.

Another outstanding matter is the possibility of a practitioner being able to be punished if he has a

non-physiological longitudinal profile at hormonal level or certain parameters

hematological, through the creation of the Practicing Health Passport.

They are to highlight, still, the modifications introduced in some of the International Standards,

notably, the possibility of conserving and analysing the samples during a period of

eight years, by request of the anti-doping organization, the harmonization of principles

inherent in the Practicum Placement System and a simplification of the Authorizations of

Therapeutic Use.

It is stressed, however, that there are some inherent themes of the Code that they deserve, in the

national framework, a very careful implementation as, by not being correctly

introduced in the Anti-Doping Programmes, may fragilize the Fighting System Against

Doping, namely the new sanctionatory regime, the protection of personal data, the

indication of one hour per day in the Practicing System of the Practices, and the

procedures inherent in obtaining proof in the non-analytic positives.

The approval of this new version of the World Anti-Doping Code and the Norms

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Internationals inevitably lead to new challenges in the future of the fight against the

doping. The management of the results, mainly of the non-analytical positives, represents

an arduous work, with a high incidence of cases where the production of the proof is laid

in cause by the prevaricators.

The planning of doping controls, mainly those carried out outside

competition, must be carried out using more and more scientific knowledge, the

human intelligence and the constant parameters of the Practicing Health Passport.

It should be reversed the trend of carrying out more and more checks in the major competitions

international, cons the cost of a control driven at the right time and in the right place is

generally higher, but it allows for a much more effective deterrence than the obtained

by means of checks carried out at the inadequate time and place.

The reform of the current legislative framework regarding the fight against doping in sport

has therefore, on the basis of, the new version of the World Anti-Doping Code.

In this way, the present proposal already welcomes the changes made in that important

legal instrument, allowing Portugal to continue at the forefront of combating this

scourge.

Major novelty in this proposal, is the punishment of trafficking of any substance or methods

prohibited, while violation of anti-doping standards, matter of particular relevance, and

so framed in this proposal as a crime.

The present proposal also maintains as a crime the administration of substances and

prohibited methods, but aggravating the penalty, when the victim finds himself in a situation of

special vulnerability, on the grounds of age, disability or disease, has been employed

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deception or intimidation or the responsible one if it has prevailed from a relationship of

hierarchical, economic, work or professional dependence.

Incidentally, in the matter of sanctions, it fulfils the significant toughening of sanctions to

apply that, at its maximum limit can lead to a suspension for the period of 20 years.

This toughening of the sanctions is accompanied by a greater demand for the

duties of all the sports actors involved, but also by the reinforcement of the

guarantees of defence and transparency and impartiality in decisions.

In this way, the Anti-Doping Authority of Portugal (ADoP) can, at all times,

avocate the application of the disciplinary sanctions applied by the sports federations, well

how to change the decisions for archiving, acquittion or conviction handed down by organ

jurisdictional of a sports federation, prowling new decision, of which it is up to appeal

for the Arbitral Tribunal of the Sport of Lausanne.

In the case of the doping structure to the doping, the present proposal regulates the

Anti-doping authority of Portugal (ADoP), as a national organization

anti-doping with functions in control and in the fight against doping in sport,

particularly as an entity responsible for the adoption of rules with a view to

trigger, implement or apply any phase of the doping control process.

To provide this new structure with the means indispensable to the pursuit of its

assignments, in addition to the president, is still the body the Executive Director, being created as

services of ADoP the Laboratory of Dopping Analysis (LAD) and the Support Framework

to the Anti-Doping Program (ESPAD).

The ADoP comes up with enhanced powers in the face of the current structure-CNAD-which becomes the

specialized entity responsible for issuing technical and scientific opinions.

Finally, this proposal welcomes the principle of mutual recognition, that is, the ADoP

acknowledges and respects controls, therapeutic use authorisations and results

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of the hearings or other final decisions of any anti-doping organization or

organisation responsible for a competition or sporting event that are in

compliance with the World Anti-Doping Code and with its competences.

The self-governing bodies of the autonomous regions were heard.

It should be the Assembly of the Republic to consider consultation with the National Commission of

Protection of Data.

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

General provisions

Article 1.

Subject

This Law establishes the legal regime of the fight against doping in sport.

Article 2.

Definitions

For the purposes of this Act and other applicable law, it is understood to be:

a) "Sample or organic sample", any biological material collected for

effects of doping control;

b) "Antidoping Authority of Portugal (ADoP)", national organization

anti-doping;

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c) "Competition", a single race, a date, a game or a competition

specific sport, considering in proofs in stages and in other

sports competitions in which prizes are awarded, daily or from

interim form, that the distinction between competition and sporting event is the

indicated in the rules of the international sports federation concerned;

d) "doping control", the procedure that includes all acts and

formalities, from the planning and distribution of controls to the decision

final, namely the information on the location of the practitioners

sports, the collection and handling of the samples, the laboratory analyses,

the therapeutic use authorisations, the management of the results, the hearings and

the resources;

e) "Control", the phase of the doping control procedure that involves the

planning of the distribution of controls, the collection of samples, the

handling of samples and their transport to the laboratory;

f) "Directed control", the non-random selection for control, in a given

moment, of practitioners or groups of sports practitioners;

g) "Control in competition", the control of the sports practitioner selected in the

scope of a specific competition;

h) "Out-of-competition control", any doping control that does not occur

in competition;

i) "Control without prior warning", the doping control carried out without

early knowledge of the sports practitioner and in which this is

continuously accompanied from the moment of notification to the collection of the

sample;

j) "Sports event", organization that encompasses a number of competitions

individual and or collective that takes place under the aegis of the same entity

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sports;

l) "Target group of sports practitioners", the group of sports practitioners of

high yield, identified by each international federation and the ADoP, in the

framework of the respective planifications of the distribution of anti-doping controls

in competition and out of it;

m) "List of prohibited substances and methods", prohibited substances and methods

prohibited from the porterie referred to in Article 8;

n) "Marker", a compound, group of compounds or biological parameters that

would indicate the use of a prohibited substance or a prohibited method;

o) "Metabolite" means any substance produced through a process of

biotransformation;

p) "prohibited method" means any method described as such in the list of substances and

prohibited methods;

q) "International Standard", a standard adopted by the World Agency

Anti-doping (AMA) as an element of support for the World Code

Anti-doping;

r) "Staff of support for the sports practitioner", natural or legal person who

work, collaborate or watch the sports practitioner, notably any

coach, leader, agent, team member, medical personnel or paramedic;

s) 'Sports Practitioner', the one who, by finding himself enrolled in a federation

national or foreign sports, train or compel in national territory, well

how the one who does not meet enrolled participates in a competition

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sports held on national territory;

t) "Positive analytical result", the report coming from a laboratory or from

another entity approved by the AMA, in which, in accordance with the Standard

International of Labs and related Technical Papers, is

identified the presence in an organic sample of a prohibited substance or

of their metabolites or markers (including high amounts of

endogenous substances) or evidence of the use of a prohibited method;

u) "Atypical analytical result", the report coming from a laboratory or from

another entity approved by the AMA, in which, in accordance with the Standard

International of Labs and related Technical Papers, if

demonstrates the need for further research;

v) "Substance prohibited", any substance described as such in the List of

Prohibited substances and Methods;

x) 'Specific substance', substance which is likely to give rise to infringements

unintentional of anti-doping standards due to the fact that it is often

find present in medicines or of being less susceptible to use

successfully as a dopant agent and appearing on the List of Substances and

Prohibited Methods.

Article 3.

Prohibition of doping and violation of anti-doping standards

1-It is prohibited to doping to all sports practitioners in and out of

sports competitions organised on national territory.

2-Constituent violation of anti-doping standards by sports practitioners or

of your support staff, as the case may be:

a) The presence in a sample collected from a sports practitioner of a substance

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prohibited, from their metabolites or markers;

b) The recourse to a prohibited method;

c) The use of a prohibited substance or a method prohibited by a practitioner

sports, demonstrated by confession of the same, by statements of

witnesses, by documentary evidence, by conclusions resulting from profiles

lengthwise or by other analytical information that does not fulfil the criteria

established for the verification of a violation of anti-doping standards

described in the paragraphs a) and b );

d) The refusal, the resistance or the lack without valid justification to submit to a

doping control, in competition or out of competition, after the notification,

as well as any behaviour that translates into the impediment to the collection of the

sample;

e) The obstruction, the unwarranted dilation, the concealment and the remaining conduits that, by

action or omission, prevent or disturb the collection of samples within the framework of the

doping control;

f) The absence of the submission within the established time frame, or the sending of information

incorrect, pursuant to the provisions of Article 7, for three times on the part of the

sports practitioner in the space of 18 consecutive months, with no valid justification,

after having been duly notified by the ADoP in relation to each of the phalings;

g) The verification of three controls declared as not carried out on the basis of

rules defined by the ADoP in a period with the duration 18 consecutive months,

without valid justification, after the sports practitioner referred to in Article 7 ter

been duly notified by that Authority in relation to each of the

controls declared as unfulfilled;

h) The alteration, falsification or manipulation of any integral element of the

doping-control procedure;

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i) The possession of prohibited substances or methods, either on the part of the practitioner

sports or for part of any member of its support staff.

3-Any combination of three situations set out in the 3 f) and g) of the number

previous, in the space of 18 consecutive months, constitutes similarly a violation of the

anti-doping standards.

4-A possession of prohibited substances or methods, as well as their administration, by

part of the sports practitioner or his support staff, do not constitute a

violation of anti-doping standards in cases in which they arise from a permit to

therapeutic use.

Article 4.

Achievement of events or sporting competitions

The permit or permit required to carry out an event or sporting competitions

only they can be granted when the respective regulation requires the control of

doping, in the terms defined by the Anti-Doping Authority of Portugal (ADoP).

Article 5.

Duties of the sports practitioner

1-The sports practitioner shall inform himself with the representative of the entity

event organizer or sports competition in which you participate, or together with the

responsible for the doping control team, whether it has been or can be indicated or

draw to submit to anti-doping control, not to abandon the

sports spaces in which the same has been carried out without ensuring that it is not targeted by the

control.

2-Constitutes a duty of each sports practitioner to ensure that it does not introduce or is

introduced in your body any prohibited substance or that there is no recourse

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to any prohibited method.

3-A The organizing entity of the proof or competition must inform the practitioner

sports that the same can be subject to, under the law and regulations

applicable, to anti-doping control

Article 6.

Responsibility of the sports practitioner

1-Sports practitioners are held responsible, in the terms provided for in this Law,

by any prohibited substance or its metabolites or tracers found

in its organic samples, as well as by the recourse to any prohibited method.

2-A The responsibility referred to in the preceding paragraph may be sidelined by the criteria

special for the evaluation of prohibited substances, which can be produced from

endogenous form.

3-A liability may still be removed in cases where the prohibited substance or

your metabolites or markers do not exceed the established quantitative limits

in the List of Prohibited Substances and Methods or in the International Standard of

Laboratories.

Article 7.

Information on the location of sports practitioners

1-Sports practitioners who have been identified by ADoP for inclusion

in a target group for the purpose of being subjected to out-of-competition controls are

required to provide accurate and up-to-date information about their location during

the three months following that information, particularly with regard to the dates and

places in which they carry out drills or evidence not integrated into competitions.

2-A information referred to in the preceding paragraph is provided on a quarterly basis to ADoP and

where any change occurs, in the 24 hours preceding it.

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3-A information is kept confidential, and may only be used for the purpose of

planning, coordination or realization of doping controls and destroyed after

stop being useful for the indicated effects.

Article 8.

List of Prohibited Substances and Methods

1-A List of Substances and Prohibited Methods in force is approved by portaria of the

member of the Government responsible for the area of sport and published in the Journal of the

Republic .

2-A ADoP releases List of Prohibited Substances and Methods from the Federations

sports which, within the scope of their respective modalities, must adopt it and give it

publicity, as well as with the Olympic Committee of Portugal, of the Committee

Paralympic of Portugal, of the Order of Physicians, of the Order of Pharmacists and of the

Order of Nursing.

3-A List of Substances and Prohibited Methods is reviewed annually or, whenever the

circumstances the justifying, by the ADoP, being updated by the form mentioned in the

n. 1.

4-A List of Prohibited Substances and Methods, Duly Updated, shall appear in

annex to the anti-doping control regulation, approved by each federation

sporting.

Article 9.

Proof of doping for disciplinary effects

1-The burden of proof of doping, for disciplinary purposes, falls on the ADoP, cabling-

to determine the existence of the violation of an anti-doping standard.

2-The facts pertaining to violations of anti-doping standards can be proved through

of all permissible means in judgment, including confession.

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3-In cases of doping apply the following rules on the proof:

a) It is presumed that the laboratories accredited by the AMA that carried out the

analysis of samples complied with safety procedures established by the

International Laboratory Standard of the AMA;

b) The sports practitioner may eluded the presumption referred to in the preceding paragraph, if

prove that a failure has occurred in compliance with international standards

applicable.

4-Should you check the provisions of the paragraph b) of the previous number, the burden of proving that

such non-compliance did not give rise to a positive analytical result recai on the

ADoP.

5-When the failure to comply with the International AMA Control Standard does not give

source for a positive analytical result or for any other violation of the standards

anti-doping, it remains valid the results of any analysis.

6-If the sports practitioner proves that the non-compliance of the International Standards

occurred during the control phase, the ADoP has the burden of proving that the

default did not give rise to the positive analytical result or to the factual basis that

been at the origin of the violation of the anti-doping standard in question.

Article 10.

Medical treatment of sports practitioners

1-The doctors who act within the sporting system, must, in what they concerne

medical practitioner treatment of sports practitioners, observe the following rules:

a) Do not recommend, nor prescribe or administer medications containing

prohibited substances, whenever the same can be replaced by

others that do not contain them;

b) Do not recommend, nor prescribe or collaborate in the use of methods

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forbidden, whenever the same can be replaced by others who do not

be.

2-The established in the preceding paragraph applies to the intervention of other professionals of

health, within the framework of their competences.

3-Not being possible for those health professionals to comply with the provisions of the

points a) and b) of paragraph 1, either depending on the state of health of the sports practitioner

either by the products, substances or methods available to you accordion, the practitioner

sports must be by these informed to proceed to the respective solicitation of

authorization of therapeutic use in accordance with the International Standard of

authorisations for therapeutic use of AMA and with the determinations of ADoP.

4-A The solicitation referred to in the preceding paragraph is addressed to the international federation treating-

whether from international level sports practitioners or whenever a practitioner

intends to participate in an international sporting competition.

5-In cases not understood in the preceding paragraph, the solicitation is addressed to the ADoP.

6-Failure to comply with the obligations arising from this article by the

entities referred to in paragraph 1 shall not constitute, by themselves, cause of exclusion from the possible

fault of the sports practitioner, without prejudice to criminal, civil liability or

discipline in which they incur.

7-A violation of the obligations mentioned in this article by a doctor or

pharmacist is compulsorily involved in the respective professional orders.

Article 11.

Review and appeal of CAUT decisions

1-A AMA has the right to review all decisions of CAUT.

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2-The sports practitioner has the right to appeal the decisions of the CAUT accordingly

with the principles set out in the International Standard of Authorisation

therapeutic.

3-A The plotting of the resource shall comply with the following principles and standards:

a) Hearing in a timely way;

b) Impartiality and independence;

c) Decision Celere, duly substantiated and in writing.

4-The appeal referred to in the preceding paragraph shall be directed to the President of the ADoP who, in the

maximum term of 48 hours, it shall promote the constitution of a tripartie commission

with the following composition:

a) An element designated by the Order of Physicians, which presides;

b) An element designated by CAUT;

c) An element designated by the practitioner.

5-A The Commission mentioned in the preceding paragraph shall decide on the appeal on time

maximum two days counted from its constitution.

Article 12.

Anti-doping federative regulation

1-Sports federations are obliged to adapt their regulation of control of

doping:

a) To the rules set out in this Law and too much applicable regulation;

b) To the standards set out in the framework of the international conventions on

doping in the sport of which Portugal is a party or comes to be a part;

c) To the rules and guidelines established by the AMA and the respective federations

international sports.

2-The doping control regulation is registered with the ADoP.

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3-Failure to comply with the provisions of the preceding paragraphs implies, while the

default if it holds, the impossibility of sports federations being

beneficiaries of any kind of public support, without prejudice to other sanctions to

apply.

4-Professional leagues, when there are, apply to the competitions that organize the

regulation referred to in paragraph 1.

Article 13.

General principles of anti-doping federative regulations

In the drafting of the federative doping control regulations must be

observed the following principles:

a) Doping control can be done either in sports competitions, or

out of these, they should be promoted, as a rule, without prior notice,

in particular in cases of out-of-competition controls;

b) Doping control can be carried out either in the competitions that do

part of national championships, whether in the remaining contests in the framework of

each modality;

c) To all those who violate the rules regarding the confidentiality of the procedure

of doping control shall be applied for;

d) The selection of sports practitioners to be subject to the control, without prejudice to the

recourse to other criteria, formulated in general and abstract terms, or from the

subjection to the control of practitioners whose behaviour, in competition or

out of this, if it has revealed anomalous from the medical or sports point of view,

shall be carried out by draw;

e) To the practitioner and too many sports agents indicted for the offence to the

regulations must be ensured the guarantees of hearing and defence.

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Article 14.

Mandatory content of the federative anti-doping regulations

1-The federative doping control regulations shall contain, among others, the

following subjects:

a) Precise definition of the competitive frameworks in whose evidence one can perform the

control and, as well, of the circumstances in which the control outside of

competition;

b) Definition of the selection methods for sports practitioners to be subject to

each control action;

c) Definition of the disciplinary sanctions applicable to those responsible for the violation of the

anti-doping standards, whether it deals with sports practitioners or the staff of

support for sports practitioners;

d) Definition of the disciplinary sanctions applicable to all actors in the

doping control procedure that violates the obligation of

confidentiality;

e) Tramping of the enquiry and disciplinary procedures aimed at penalizing

the agents responsible for the violation of anti-doping standards, with indication

of the means and instances of appeal, also ensuring that the entity

responsible for the instruction of the procedure is distinct from that to which it competes

disciplinary decision;

f) Definition of cases in which clubs or public limited companies are penalised

sports, on the grounds of the violation of the anti-doping standards of the

respective elements, as well as the determination of the applicable sanctions.

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2-In the application of sanctions to sports practitioners and their support staff, the

sports federations must take into consideration all mitigating circumstances and

aggravating, in harmony with the recommendations set out in the World Code

Anti-doping.

Article 15.

Co-responsibility of the support staff of the sports practitioner

1-Without prejudice to the provisions of Article 10, it is incumbent in particular on the doctors and

paramedics who accompany in a direct way the sports practitioner to ensure that

this one abstain from any form of doping, and may not, by any means,

hinder or prevent the realization of a doping control.

2-Equal obligation impens, with the necessary adaptations, on the other personnel of

support for the sports practitioner as well as about everyone who keeps up with this

a relation of hierarchy or orientation.

3-A The obligation referred to in the preceding paragraphs includes the duty to clarify the practitioner

sports about the nature of any substances or methods that are

provided and to keep you informed of those who are prohibited, as well as your

consequences and, well thus, within the framework of their respective competences, take all the

appropriate arrangements to disadvise and prevent its use by that one.

4-Dealing with coaches and health professionals, the obligation referred to in the figures

previous includes still the duty to inform the ADoP about sports practitioners

in relation to which they are suspected that they may be using substances or methods

forbidden.

CHAPTER II

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Anti-doping authority of Portugal

Article 16.

Nature and mission

1-A The Anti-Doping Authority of Portugal (ADoP) works together with the Institute of the

Sport of Portugal, I. P., and is the national anti-doping organization with functions in the

control and in the fight against doping in sport, particularly as an entity

responsible for the adoption of rules with a view to triggering, implementing or applying

any phase of the doping control procedure

2-A ADoP collaborates with national and international bodies with responsibility

in the fight against doping in sport.

Article 17.

Territorial jurisdiction

The ADoP, as a national organisation responsible for control and fight against the

doping in sport, exercises its competences in the national territory and, whenever

requested by AMA or international federations, abroad.

Article 18.

Competencies

1-Compete to ADoP:

a) Elaborate and apply the National Anti-Doping Program, heard the Council

Anti-doping National (CNAD);

b) Issue scientific and technical opinions, recommendations and notices, inter alia

on the procedures for the prevention and control of doping;

c) To provide sports federations with the technical support that by these is requested,

either in the elaboration or in the implementation of the respective regulations

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anti-doping;

d) Pronount on the drafting of the legislation on the fight against doping in the

sport, heard the CNAD;

e) Issue opinion binding on the anti-doping regulations in the

sport adopted by sports federations holders of the status of

sports public utility, listened to the CNAD;

f) Proceed to the receipt of the applications for the therapeutic use of

prohibited substances or methods, proceeding to the respective forwarding

for the Therapeutic Use Authorization Commission (CAUT), as well as

to establish the procedures inherent in the system of authorization to use

therapeutics at the national level;

g) To study, in collaboration with the entities responsible for the education system and

of the sport area, pedagogical plans, specifically campaigns of

information and education, with the purpose of raising awareness among practitioners

sports, the respective support staff and young people in general for the dangers and

the disloyalty of doping;

h) To study and propose the appropriate legislative and administrative measures to the fight

against doping in general and the control of production, marketing and the

illicit trafficking in prohibited substances or methods;

i) To study and suggest the measures aimed at the coordination of national programmes

of doping against doping with the AMA guidelines as well as the

fulfillment of the obligations arising from conventions concluded by Portugal

in the same scope;

j) To propose the funding of research programmes in the context of the fight against

doping, particularly sociological, behavioural, legal studies, and

ethics in addition to research in the medical, analytical and physiological areas;

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l) Issue general or special recommendations on prevention procedures and

control of doping, addressed to the entities that integrate associativism

sports and sports practitioners and their support staff;

m) Determine and instruct the carrying out of extraordinary investigations and the inherent

doping controls whenever it receives or meets strong evidence of practice

customary or continued doping by some sports practitioner

or of your support staff;

n) Review, replace or revoke the decisions for archiving, acquittion or

conviction handed down by the courts of courts of sport federations,

verified that it does not comply with the provisions of this Law;

o) Providing the services requested by other entities, national or foreign, in the

scope of the fight against doping in sport;

p) Follow up the national technical participation in the different instances

international with responsibility in the fight against doping in sport;

q) Assess the risks of new substances and methods, listened to the CNAD.

2-A research referred to in point m) of the preceding paragraph shall respect the

internationally recognized ethics principles, avoid the administration of

substances and methods dopant to sports practitioners and be only carried out if

there are guarantees that there is no abusive use of the results for purposes

of doping.

Article 19.

Guiding principles

The ADoP, in the exercise of its mission, shall be governed by the principles of scientific independence,

of precaution, credibility and transparency and confidentiality.

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Article 20.

Cooperation with other entities

1-A ADoP and the remaining services, bodies or entities with prevention functions and

criminal or counterordinate repression or with functions of authority

administrative shall cooperate in the exercise of their respective competences, using

the legally appropriate mechanisms.

2-Public bodies must provide ADoP with the collaboration that is requested to them,

particularly in the technical-expert area.

Article 21.

Organs and services

1-Are organs of the ADoP:

a) President;

b) Executive Director.

2-Are services of ADoP:

a) Laboratory for Doping Analysis (LAD);

b) Anti-doping Program Support Framework (ESPAD);

c) Legal Office.

3-The body referred to in para. a) of paragraph 1 is appointed by dispatch of the member of the

Government responsible for the area of sport.

Article 22.

President

1-A ADoP is directed by an equated president, for all legal effects, in charge of

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top direction of 2. degree.

2-Compete to the President:

a) Represent the ADoP to any institutions or bodies, national

or international;

b) Drive, coordinate and guide services, as well as approve the regulations

and implementing standards necessary for its proper functioning;

c) Approve and present superiorly the plan and report of activities

annual ADoP;

d) Submit to the approval of the competent entities the budget and the accounts

annual ADoP;

e) Decide and propose the leasing and acquisition of goods and services within their

competencies;

f) Approve, upon advice from the Executive Director, the recommendations and notices

that link to ADoP;

g) Exercising the remaining powers that are not assigned to other organs and

services.

Article 23.

Executive Director

1-The Executive Director is the responsible one:

a) By administrative services;

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b) By quality management,

c) By the management of the National Anti-Doping Programme;

d) By the management of the results;

e) By the management of the Legal Bureau;

f) By the information system on the location of sports practitioners.

2-The Executive Director is, for all legal purposes, post of interim direction of 1.

degree.

Article 24.

Laboratory of Dopping Analyses

1-Within the framework of the Anti-Doping Authority of Portugal works the LAD, endowed with

technical and scientific autonomy, to which it competes:

a) Carry out the analyses concerning doping control, at the national level or

international, if for this is requested;

b) Perform the biochemical and related analyses aimed at supporting the actions

developed by the competent bodies and entities in the preparation of the

sports practitioners, particularly high-income people, and collaborate

in the necessary collection actions;

c) Giving execution, within the framework of its competences, to the protocols concluded

between the IDP, I. P., and other institutions;

d) Collaborate in training and research actions in the framework of doping;

e) To ensure the remaining functions that are committed to you.

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2-The LAD is directed by a scientific coordinator recruited from among individualities,

national or foreign, of recognized technical or scientific merit, possessors of

appropriate academic qualifications and with proven professional experience,

in particular, from among faculty of higher education and researchers, linked or

not to the Public Administration.

3-The scientific coordinator is assigned, in commission of service, by the member of the

Government responsible for the area of sport, giving it applicable, with due

adaptations, the retributive regime of the guest researcher, of the research staff

scientific referred to in Article 36 (3) of the Decree-Law No. 124/99, 20 of

April.

4-Except for the provisions of the last part of the preceding paragraph, the scientific coordinator

that is integrated into the university teaching career or research career

scientific, in which case the same is entitled to opt for the basic remuneration due in the

legal-functional situation of origin that is constituted by indefinite time.

5-To the lecturer of the university higher education and researcher referred to in paragraph 2

the provisions laid down in the respective career statutes apply to the

provision of service in other public functions.

Article 25.

Anti-doping Program Support Framework

1-A ESPAD works on the dependence of the Executive Director, by competing with:

a) Ensure the necessary administrative and logistical services to

implementation of the National Anti-Doping Plan, namely the

planning and realization of doping controls;

b) To ensure the administrative management of the results, sanctions and appeals;

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c) To ensure the administrative management of the location system of practitioners

sports for the purpose of doping control;

d) To ensure the administrative management of the system of use authorisations

therapeutic;

e) Carry out the informative and educational programmes concerning the Fight against the

Doping in Sport.

2-Within the scope of ESPAD work:

a) The CNAD;

b) The CAUT.

Article 26.

Anti-Doping National Council

1-The CNAD is the advisory body of the ADoP, competing with it:

a) Issue opinion, with binding force, as to the application on the part of

sports federations of sanctions, arising from use, on the part of the

practitioners, of specific substances, as such defined in the List of

Prohibited substances and Methods;

b) Issue opinion, binding, as to the mitigation of sanctions on the basis of

in the exceptional circumstances defined by the World Anti-Doping Code;

c) Issue opinion, binding, as to the aggravation of sanctions with

basis in the exceptional circumstances defined by the World Code

Anti-doping;

d) To ensure the remaining functions that are committed to you by the law.

2-The CNAD is composed of the following elements:

a) President of the ADoP, who presides;

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b) Executive Director;

c) A representative appointed by the President of the Institute of Sport of

Portugal, I. P.;

d) Director of the National Centre for Sports Medicine;

e) An expert, licenced in medicine, indicated by the Olympic Committee of

Portugal;

f) An expert, licenced in medicine, appointed by the Paralympic Committee of

Portugal;

g) An expert, licenced in medicine, indicated by the Confederation of Sport

of Portugal;

h) A representative of the Directorate General for Health;

i) A representative of the National Institute of Pharmacy and Medication;

j) A representative of the Institute of Drugs and Addiction;

l) A representative of the Judicial Police;

m) A former high-yield sports practitioner to be appointed by the member of the

Government responsible for the area of sport;

n) A representative appointed by the own governing bodies of each region

autonomous.

3-The CNAD gathers ordinarily once a month and, extraordinarily, whenever

is convened by the president, on his or her initiative or the solicitation of a third of his

members.

4-The CNAD may request the opinion of other national or international experts,

whenever the judge required it.

5-The mandate of the members of the CNAD has the duration of three years, renewable by equals

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periods.

Article 27.

Commission for Authorization of Therapeutic Use

1-A CAUT is the body responsible for the analysis and approval of the authorizations of use

therapeutic.

2-Compete à CAUT:

a) To analyse and approve the authorisations of therapeutic use;

b) To ensure the remaining functions that are committed to you by the law.

3-A CAUT is comprised of five licensed elements in medicine, with services

relevant in the area of the fight against doping in sport and sports medicine.

4-The medical graduates referred to in the preceding paragraph are proposed to the

President of the ADoP by the Executive Director and appointed by the member of the Government

responsible for the area of sport, which also designates its president.

5-Three of the licensees referred to in paragraph 3 shall not, simultaneously, integrate the

CNAD.

6-A CAUT decides in accordance with the criteria and rules set out in the International Standard

of Authorization of Therapeutic Utilization of AMA.

7-The mandate of the CAUT members has the duration of three years, renewable by equals

periods

Article 28.

Assurances from the members of the CNAD and the CAUT

It is guaranteed to the members of the CNAD and the CAUT, who are not representatives of

public entities, the right, by participation in meetings, to passwords of presence, in

amount and conditions to be fixed by joint dispatch of the Minister of Finance and the

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member of the Government responsible for the area of sport.

Article 29.

Pedagogical programmes

The programmes referred to in point g) of Article 18 shall provide information

updated and correct on the following subjects:

a) Substances and methods that integrate the List of Substances and Methods

Prohibited;

b) Consequences of doping on health;

c) Doping control procedures;

d) Nutritional supplements;

e) Rights and responsibilities of sports practitioners and staff of

support in the framework of the fight against doping.

CHAPTER III

Control of doping

Article 30.

Doping control in competition and out of competition

1-Sports practitioners as well as all those who find themselves covered

by the prohibition of doping defined in Article 1, which participate in competitions

official sports, regardless of their nationality, are obliged to

submit to doping control, under this Act and legislation

complement.

2-The provisions of the preceding paragraph shall apply to out-of-competition controls,

particularly as for sports practitioners who find themselves in a regime of

high competition, and the respective control actions shall process without notice

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prior.

3-Dealing with minors, in the act of enrolment, the sports federation must

require the respective permit to those who wield parental power or holds the guardial on the

same the authorisation for their subjection to doping controls in competition and

out of competition.

Article 31.

Realization of doping controls

1-The control consists of a sample collection operation or samples of the

sporting practitioner, simultaneously guarded or guarded in two containers,

designated as A and B, for laboratory examination.

2-The control of alcohol is carried out through the method of expiratory analysis.

3-A The collection operation is carried out in the terms provided for in the law and it shall assist it,

wanting, the doctor or delegate of the clubs to which the practitioners belong or, in their

foul, who these indicate to the effect.

4-To the said operation may still assist, wanting, a representative of the respective

sports federation or professional league and, if necessary, a translator.

5-Doping Controls are carried out in the terms defined by this Law and

supplementary legislation and in accordance with the International Standard of Control of the

AMA.

6-It is up to the respective sports federations holders of the status of public utility

sports, in particular to the Portuguese Equestrian Federation, the realization of the actions

of medication monitoring of animals participating in competitions

sports, in accordance with the regulation of the respective international federation.

7-The federations referred to in the preceding paragraph shall communicate to the ADoP, to the beginning

of the sporting season, the programme of control actions to take effect, as well as the

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result of the same.

Article 32.

Actions of control

1-A The realization of control actions processes in accordance with what is defined by the

ADoP and, in particular, in the terms of the regulations referred to in Article 11.

2-There can still be carried out doping control actions in the following cases:

a) When the President of the ADoP so determines;

b) By request of the Olympic Committee of Portugal or the Paralympic Committee

of Portugal;

c) When so requested, within the framework of agreements concluded in this matter

with other anti-doping organizations and with AMA, or in compliance

of obligations arising from conventions concluded by Portugal in the same

scope;

d) The solicitation of promoter entities of a sports demonstration not

framed within the framework of the federated sport, in the terms to be fixed by

dispatch of the president of the ADoP.

3-Are carried out doping control actions in relation to all practitioners

sports that are integrated into the target group of sports practitioners a

submit control of the ADoP, particularly those integrated into the high regime

income and those that are part of national selections.

4-Sports federations must carry out the necessary representations to make the

sports results considered as national records not to be homologated

without the sporting practitioners who have obtained them hajam submitted to the

doping control in the respective competition or, in case of justified

impossibility, within the subsequent 24 hours.

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Article 33.

Responsibility for the collection and transport of the samples and procedures

analytics

1-Compete to ESPAD ensure the collection of the organic liquid in the control actions

of doping and guarantee the respective conservation and transport of the samples up to their

arrival at the respective anti-doping laboratory.

2-Laboratory examinations required for doping control are carried out in the LAD

or by other anti-doping laboratories accredited by AMA, whenever the ADoP

so as to determine it.

3-The laboratory examination comprises:

a) The analysis to the sample contained in the container A (first analysis);

b) The analysis to the sample contained in container B (second analysis), when the

result of the analysis mentioned in the previous paragraph indict the practice of a

infringement of an anti-doping standard.

c) Other supplementary examinations, to be defined by the ADoP.

Article 34.

Notification and analysis of Sample B

1-Indicated a violation of the anti-doping standards in the analysis of sample A, the federation

sporting the one belonging to the holder of the same is notified by the ADoP in the 24 hours

following.

2-A The notified sports federation informs of the fact the sample holder and his club,

in the following 24 hours, expressly mentioning:

a) The positive result of the sample A;

b) The possibility of the sports practitioner concerned requiring the realization of the

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analysis of sample B;

c) The day and time for the eventual realization of the sample analysis B, proposed by the

anti-doping laboratory that carried out the analysis of sample A;

d) The faculty of the sports practitioner concerned or his club if

finding gifts or making themselves represent in the act of the sample analysis

B, as well as that of appointing experts to keep up with the achievement of that

diligence.

3-To the notifications referred to in this Article applies, in a subsidiary, to the provisions of

in the Code of Administrative Procedure.

4-A The notified sport federation may also make itself represented in the act of the

analysis of sample B and, should it be necessary, assign a translator.

5-The deadlines for carrying out the sample analysis B and for the notifications to which

refer to the previous figures, are fixed by regulatory diploma.

6-When required, sample analysis B the charges of the analysis, in case this setback

positive result, are the responsibility of the sample holder to submit the analysis.

7-When required analysis of sample B, the sporting and disciplinary consequences

they will only be triggered if their result is positive, confirming the content of the analysis

of the sample A, owing all the actors in the process to keep the strictest

confidentiality until such confirmation is obtained.

Article 35.

Supplementary examinations

1-In addition to the provisions of the previous article, where the indications of positivity

detected in a sample can be attributed to physiological or pathological causes, the

results should be remitted to the CNAD, for drafting a report to be submitted

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to ADoP, which decides on whether or not there is a violation of the standards

anti-doping.

2-The intervention of the CNAD should be given knowledge to the sports federation and the

sporting practicing holder of the sample, which is obliged to submit to the examinations

that they are determined, incurring, should they not do so, in the sanctions eaten for

the refusal to the doping control.

3-Until the decision referred to in paragraph 1, all actors must keep the strictest

confidentiality.

Article 36.

Preventive Suspension of the Sports Practitioner

1-The sports practitioner in relation to which the result of the control is positive, soon

with the first analysis or after the analysis of sample B, when required, is

suspended preventively until being handed the final decision of the process by the respective

federation, except in cases where it is determined by the ADoP to conduct examinations

complementary.

2-A preventive suspension referred to in the preceding paragraph inhibits the practitioner from participating

in competitions or sporting events, owing the period already served to be

discounted in the applied suspension period.

CHAPTER IV

Protection of data

SECTION I

Databases and responsibility

Article 37.

Databases

1-For the effective fulfillment of its mission and competences, the ADoP may proceed

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to the processing of data referring to:

a) Authorisations of therapeutic use;

b) Information on the location of sports practitioners;

c) Management of results;

d) Longitudinal profile of analytical results of organic samples.

2-The data and information regarding the control and fight against doping in sport

can only be used for such purposes and for the application of sanctions in cases of

illicit criminal, counter-ordinance or disciplinary.

3-Data processing shall process in a transparent manner and in the strict respect

by the reservation of private life, as well as by rights, freedoms and guarantees

fundamental.

4-The content of each of the databases is defined by the ADoP, upon consultation

preview of the National Data Protection Commission.

5-The data controller is the president of the ADoP.

Article 38.

Liability in the exercise of public functions

1-People who perform functions in doping control are subject to duty

of confidentiality regarding the subjects they meet on the grounds of their activity.

2-Without prejudice to the liability provided for in specific law, the violation of the

confidentiality in the processing of personal data on the part of the responsible or

any leader, official or agent of the Public Administration constitutes infringement

discipline.

Article 39.

Responsibility of the leaders and personnel of sports entities

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1-The leaders, members of the disciplinary and other personal bodies of the federations

sports and professional alloys that have functions in doping control are

subject to the duty of confidentiality regarding the subjects they meet in reason

of your activity.

2-Without prejudice to the liability provided for in specific law, the violation of the

confidentiality in the processing of personal data constitutes disciplinary infringement.

SECTION II

Access, rectification and assignment of data

Article 40.

Access and rectification

The right of access and rectification of personal data shall be governed by the provisions of the Act

n. 67/98, of October 26.

Article 41.

Authorization for the assignment of data

The data and personal files pertaining to doping control can be yielded, in

compliance with the obligations arising from the international commitments made by the

State and the provisions of Law No. 67/98 of October 26, to public and private entities

who participate in the fight against doping in sport.

CHAPTER V

Sanctionatory regime

SECTION I

General provisions

Article 42.

Extinction of responsibility

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1-A The prescribing of the criminal procedure is governed by the provisions of the Criminal Code.

2-The counterordinational and disciplinary procedure extinguishes, by the effect of

prescription, as soon as on the date on which the breach occurred has elapsed

of eight years.

SECTION II

Criminal illicit

Article 43.

Trafficking in prohibited substances and methods

1-Who, intent on violating or violating anti-doping norms, and without that for such

find yourself authorized, produce, manufacture, extract, prepare, offer, puser for sale,

sell, distribute, buy, give way or by any title receive, provide the

listen, transport, import, export or make transiting or illicitly detain

substances and constant methods of the List of Prohibited Substances and Methods, is

punished with a prison sentence of six months to five years.

2-A attempt is punishable.

Article 44.

Administration of prohibited substances and methods

1-Who to administer to the sports practitioner, with or without your consent,

substances or methods listed in the List of Prohibited Substances and Methods, is

punished with imprisonment from six months to three years, save when there is a permit to

therapeutic use.

2-A penalty provided for in the preceding paragraph is aggravated, in its minimum and maximum limits,

for double, if:

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a) The victim finds himself in a situation of special vulnerability, on the grounds of the

age, disability or disease;

b) It has been employed deception or intimidation;

c) The agent if it has prevailed from a hierarchical dependence relationship,

economic, work or professional.

3-A attempt is punishable.

Article 45.

Criminal association

1-Who to promote, merge, participate in or support group, organization or association whose

purpose or activity is directed to the practice of one or more crimes foreseen in the

present law is punished with a prison sentence of six months to five years.

2-Who to head or direct the groups, organizations or associations referred to in the number

previous is punished with the penalty in it predicted aggravated by a third in its limits

minimum and maximum.

3-For the purposes of this Article, it is considered that there is a group, organisation or

association, when it is concerned a set of at least three persons

acting concertedly during a certain period of time.

4-A penalty may be specially mitigated or not take place the punishment, if the agent

prevent or seriously strive to prevent the continuation of the groups, organisations

or associations or communicate to the authority its existence so that this might prevent

the practice of crimes.

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Article 46.

Criminal liability of legal persons and equiparents

1-Legal persons and equiparous entities, including legal persons

sports, they are responsible, in the general terms, for the crimes provided for in this Law.

2-The status of public utilities or sports utilities does not exclude the

criminal liability of legal persons sporting persons.

Article 47.

Mandatory complaint

The holders of the organs and the officials of sports federations or leagues

professionals, associations and groupings of clubs in them affiliated must convey to the

Prosecutor's Office news of the crimes provided for in this Law to have

knowledge in the exercise of their duties and because of them.

SECTION III

Illicit of mere social ordering

Article 48.

Counter-ordering

1-Constitute counterordinance for the purposes of the provisions of this Law:

a) The obstruction, the unwarranted dilation, the concealment and the remaining conduits that, by

action or omission, prevent or disturb the collection of samples within the framework of the

doping control, provided that the offender is not the sports practitioner;

b) The alteration, falsification or manipulation of any integral element of the

doping-control procedure;

c) The possession of prohibited substances or methods, either on the part of the practitioner

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sports or by any member of your support staff, save

when it has a therapeutic use authorization for the same.

2-The teams, clubs or sporting limited companies to which the practitioners belong

sportspersons who are disciplined disciplined and who vie for competitions

official sports inrush in counter-ordinance by each sports practitioner who

commits a violation of an anti-doping norm.

3-The provisions of the preceding paragraph shall not apply in the case of the team, club or

public limited liability company proving that the conduct or behaviour of the

sports practitioner was of his sole responsibility.

4-A attempt and neglect are punishable.

5-Dealing with negligence, the minimum and maximum limits of the applicable fine are

reduced to half.

Article 49.

Fines

1-Constitui counterordinate very serious, punishing with fine between € 3 to 500.00 and

€ 10 000.00, the practice of the acts provided for in points a ) a c) of paragraph 1 of the previous article.

2-Constitute counterordinate serious, punishing with fine between € 2 000.00 and € 3 500.00, the

verification of the provisions of paragraph 2 of the previous article, dealing with teams, clubs or

sporting limited companies that are vying for sporting competitions of nature

professional.

3-Constitui counterordinate lightweight, punishing with fine between € 500.00 and € 2 000.00, the

verification of the provisions of paragraph 2 of the previous article, dealing with teams, clubs or

sporting limited companies disputing sporting competitions not

professionals.

4-The teams, clubs or sporting limited companies that at the same time

sporting, or in two consecutive sporting epoces, have two or more

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sports practitioners disciplinarily punished for committing violations of norms

anti-doping are applicable the fines provided for in the previous numbers, elevated to

double in its minimum and maximum limits.

Article 50.

Determination of the measure of the fine

1-A The determination of the measure of the fine, within its limits, is done in the function of the

gravity of the counterordinance, of the fault, of the economic situation of the agent and of the

economic or sporting benefit that this has removed from the practice of counterordinance.

2-A attempt and neglect are punishable, with reduction to half of the minimum limits and

maximum of the applicable fine.

Article 51.

Instruction of the process and application of the fine

1-A The instruction of the counterordinance processes referred to in this Law shall compete with

ADoP.

2-A The application of the fines is the competence of the ADoP president.

Article 52.

Product of the fines

The product of the fines reverses in 60% to the State and in 40% to the Institute of the

Sport of Portugal, I. P., which affects it to the ADoP.

Article 53.

Subsidiary law

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To the processing of counter-ordinations and the application of the corresponding sanctions

provided for in this Law, the general regime of counter-ordinations shall be applied to the general scheme.

SECTION IV

Illicit disciplinary

Article 54.

Disciplinary disciplining

1-Constitutive unlawful disciplinary procedure for the violation of the provisions of the provisions of the provisions of a) a i) of the Article 2 (2)

3., as well as the violation of paragraph 3 of the same legal provision.

2-The provisions of the l) of Article 3 shall also constitute an unlawful disciplinary procedure when the

infractor for a sports practitioner, an element of his support staff or if

find enrolled in a sports federation.

3-A attempt and neglect are punishable.

Article 55.

Denunciation

Case in the context of the investigation or disciplinary proceedings provided for in this Law, be

ascertained facts likely to indict the practice of a crime, must the same be

communicated by the ADoP, by the respective sports federation or professional league to the

Prosecutor's Office.

Article 56.

Disciplinary procedure

The existence of evidence of an infringement of anti-doping standards determines

automatically the opening of a disciplinary procedure by the disciplinary organ

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federative, appropriate to determine the possible existence of involvement and the degree of

attended by part of the support staff for the sports practitioner, owing,

notably, ascertain how much the way of obtaining by the sports practitioner of the

substance or prohibited method.

Article 57.

Application of disciplinary sanctions

1-A The application of the disciplinary sanctions provided for in this Law is committed to the ADoP and

is delegated to the sports federations holders of the status of utility

sports public, to whom it is also up to the instruction of disciplinary proceedings.

2-Sports federations must have an instance of appeal, for which the

sanctioned sports agent may appeal, without suspensive effect, to which it must be

a diverse and independent entity from the one sanctioned it in the first instance.

3-Between the communication of the offence to an anti-doping standard and the application of the

corresponding disciplinary sanction may not mediate a time limit of more than 30 days.

4-A ADoP can, at all times, avocate the application of the disciplinary sanctions, well

how to change the decisions for filing, acquittion, or conviction handed down by

jurisdictional body of a sports federation, prowling new decision.

5-Of the decision handed down by the ADoP is up to appeal to the Arbitral Tribunal of Sport

from Lausanne.

Article 58.

Use of prohibited substances or methods

1-The use of prohibited substances and methods, provided for in points a) and b) of paragraph 2 of the

article 3, with the exception of that applicable to the specific substances identified in the article

59., is sanctioned on the following terms:

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a) Dealing with the first offence, the practitioner is punished with a penalty of

suspension for a period of two to eight years;

b) Dealing with second offence, the practitioner is punishable by

suspension for a period of 15 a to 20 years.

2-Dealing with attempt, in the first offence, the minimum and maximum limits, are

reduced to half.

3-The provisions of the preceding paragraphs shall apply to the violation of the provisions of the provisions of the f) and g)

of Article 3 (2) and 3 (3)

Article 59.

Specific substances

1-Addressing the use of specific substances, in cases in which the practitioner

sports prove how the banned substance entered your body and that its use

did not aim for the increase in sporting income or did not have a masked effect, the

sanctions provided for in the previous article are replaced by the following:

a) Dealing with the first offence, the practitioner is punished with a penalty of

warning or with penalty of suspension up to one year;

b) Dealing with second offence, the practitioner is punishable with a suspension penalty

for a period of two to four years.

2-Dealing with third offence, the practitioner is punished with a suspension penalty for

a period of 15 a to 20 years.

Article 60.

Suspension of the practitioner for other violations of anti-doping standards

1-To the sports practitioner that violates the anti-doping standard provided for in the i) of paragraph 2

of Article 3, a suspension of sports activity from 8 a to 15 years is applied for

first infringement.

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2-To the sports practitioner who has had a first offence for violation of a

anti-doping standard as a result of which it was punished with a suspension of the

sports activity equal to or more than 2 years is applied for a suspension by a

period between 15 a-20 years in the case of a second offence to a standard

anti-doping, whatever it is.

3-To the sports practitioner who has had a first offence for violation of a

anti-doping standard as a result of which it was punished with a suspension of the

sports activity of less than two years is applied a suspension of the activity

sports between four to eight years for a second offence and a suspension by

a period between 15 a to 20 years in the case of a third offence.

Article 61.

Sanctions on support staff for the sports practitioner

1-To the support staff of the sports practitioner who violates an anti-doping norm

described in the points and ), h) and i) of Article 3 (2) shall be applied for a suspension of

sports activity for a period of two to four years, for the first offence.

2-For the support staff of the sports practitioner who is a health professional, the

sanction described in the previous point is aggravated, at its minimum and maximum limits, for

double.

3-To the support staff of the sports practitioner who violates the anti-doping standards

described in the paragraphs j) and l) of Article 3 (2), as well as the number 4 of the same

article, a suspension of sports activity from 8 a to 15 years is applied for the

first infringement.

4-To the support staff of the sports practitioner who commits a second offence to

any anti-doping standard, a suspension is applied for a period between 15 a to 20

years of sporting activity.

Article 62.

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Right to prior hearing

The sports practitioner or other person has the right, in either case, before it is

applied any suspension of the sporting practice, to be heard with a view to presenting the

your arguments in such a way as to try to eliminate or reduce, treating yourself to a second or

third offences, the penalty to be imposed, in accordance with the provisions of Articles 59 and 60.

Article 63.

Elimination or reduction of the suspension period on the basis of circumstances

exceptional.

1-A The application of any penalty less than a suspension of sporting activity of

two years has to be preceded, for the purpose of approval of the same, of opinion

advance issued by ADoP.

2-A ADoP, after consultation with the CNAD, bases its decision on the facts inherent in each

case, particularly the type of substance or method in question, risks inherent in the

sport modality in question, collaboration in finding the way it was

violated the anti-doping norm and the degree of guilt or neglect.

Article 64.

Start of the suspension period

1-The period of suspension commencement on the date of the notification of the disciplinary decision of the

first instance

2-Any period of preventive suspension, whether you have been imposed or you want to accept

voluntarily, is deducted in the total period of suspension to be fulfilled.

3-Having on the basis of the principle of equity, in the case of the existence of delays in the process

of instruction or in other procedures of the doping control not attributable to the

sports practitioner, the instance applying the sanction may declare as the date of

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start of the suspension period an earlier date, which may fall back to the date of

collection of the samples.

Article 65.

Status during the period of suspension

1-Who has been the subject of the application of a suspension penalty cannot, during the

period of duration of the same, participate in what quality is, in a competition or

sporting event.

2-Excepts the provisions of the preceding paragraph for participation in programmes

authorized antidoping training and rehabilitation programs authorized by the

ADoP.

3-A sports practitioner subject to a suspension period of more than four years

may, after serving four years of the suspension period, participate in contests

or local sporting events of a different modality from the one in which it was

committed the violation of the anti-doping norm, but only as long as the same no

have a competitive level that can qualify, directly or indirectly, to

compete or to accumulate points to be able to compete in a national championship or

in a competition or international sporting event.

Article 66.

Rehabilitation control

1-To be able to obtain your eligibility at the end of the applied suspension period, the

sports practitioner must, during the whole period of preventive suspension or de

suspension, make available to carry out doping controls out of competition

on the part of any anti-doping organization with competence for the realization of

doping controls and, well, when requested for this purpose, provide

correct and up-to-date information about your location.

2-If a sports practitioner subject to a period of suspension withdraws from the sport and

is removed from the target groups of out-of-competition controls and later requires its

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rehabilitation, this can only be granted after that practitioner notifies the

competent anti-doping organizations and have been subject to doping controls

out of competition for a period of time equal to the period of suspension that still

it restores it to the date on which it withdrew.

Article 67.

Integrated practitioners in the high-throughput system

Addressing sports practitioners integrated into the high-throughput system, the penalties

disciplars are accompanied by the following ancillary sanctions:

a) Suspension of integration into the high-throughput system by the deadline of two

years, or while it lases the sanction applied, in the first offence;

b) Definitive cancellation of the cited system, in the second offence.

Article 68.

Communication of applied sanctions and registration

1-For the purpose of registration and organisation of the individual process, sports federations

communicate to the ADoP, within eight days, all decisions rendered in the framework of the

doping control, regardless of whether they may be susceptible to

feature.

2-Sports federations shall also report to the ADoP the controls to which the

sports practitioners affiliated in the respective modality were submitted, in

national territory or abroad.

3-A ADoP shall, until the beginning of the respective sports season, communicate to the federations

sports the list of the practitioners who are meeting the period of suspension

referred to in Article 64.

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4-All sports federations in which animals participate in the competition,

specifically the Portuguese Equestrian Federation, must communicate to the ADoP the

checks carried out and the respective results.

SECTION V

Ancillary sports sanctions

Article 69.

Invalidation of individual results

1-A violation of an anti-doping standard in the context of a control in competition

leads automatically to the invalidation of the individual result obtained in this

competition with all of the resulting consequences, including the withdrawal of

any medals, points and prizes.

2-A violation of an anti-doping standard that decorates during a sporting event

leads, upon decision of the entity responsible for the organisation, to the invalidation of

all individual results obtained by the sports practitioner during the same,

including the loss of all medals, points and prizes.

3-The provisions of the preceding paragraph shall not apply if the sports practitioner demonstrates

that at the origin of the offence in question has not been any culposable conduct or

negligent on your part.

4-A The invalidation of the results referred to in paragraph 2 shall also apply in cases where,

as yet demonstrated the absence of guilt or neglect, the results of the practitioner

sports in other competitions of the same sporting event, other than the one in which

the infringement of anti-doping regulations has occurred, have been influenced by

this one.

Article 70.

Effects for teams, clubs or sporting limited companies

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1-Case more than a practitioner of a team, club or joint-stock company

sporting has been notified of the possibility of the violation of a standard

anti-doping in the framework of a sports competition, the team must be subjected to a

targeted control.

2-If it is ascertained that more than one practitioner from a team, club or society

sporting anonymous has committed a violation of an anti-doping standard during a

sporting event, can the aforementioned entities be disclassified or stay

subject to another disciplinary measure.

Article 71.

Cancellation of results in competitions held after the collection of the samples

In addition to the provisions of Article 69, all other sporting results achieved in

from the date on which the positive sample was collected, either in competition or out of

competition, or in which other violations of anti-doping standards have occurred, are annulled

with all the resulting consequences, until the beginning of the preventive suspension or the

suspension, except if another treatment is required by issues of equity.

CHAPTER VI

Final provisions

Article 72.

Mutual Recognition

Without prejudice to the right of appeal, the ADoP acknowledges and respects the controls, the

authorisations of therapeutic use and the results of hearings or other final decisions

of any anti-doping organization or organization responsible for a competition or

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sporting event that are in accordance with the World Anti-Doping Code and

with their competences.

Article 73.

Olympic Committee of Portugal and Paralympic Committee of Portugal

The provisions of Articles 12 to 14 and 39 shall apply, with the necessary adaptations, to the

Olympic Committee of Portugal and the Paralympic Committee of Portugal.

Article 74.

Professional leagues

Professional leagues constituted under the law may exercise, by delegation, the

powers that in the present law are committed to sports federations, in the terms that are

set out in the contract referred to in Article 23 of Law No 5/2007 of January 16.

Article 75.

Regulation

The regulatory enforcement standards of this Law are established by the porterie of the

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

Article 76.

Transitional arrangement

1-A adaptation of federative regulations or professional leagues to the provisions of the

this Act shall be made within 120 days of the date of entry into force of the

present law.

2-The regulations mentioned in the preceding paragraph are registered with the ADoP.

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3-Until the realization of the said registration, the sanctions applicable to sports practitioners and

too many offenders are the constants of the federative regulations that are in

vigour and which, for this purpose, are registered with the CNAD.

Article 77.

Abrogation standard

They are repealed, the Decree-Law No. 183/97 of July 26, the Law No. 152/99 of 14 of

September, the Decree-Law No. 192/2002 of September 25, and Article 5 of the Decree-Law No

390/91, of October 10.

Article 78.

Entry into force

This Law shall come into force on the day following that of its publication.

Seen and approved in Council of Ministers of November 7, 2008

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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