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Law No. 472 Of 4 November 2004 Amending Law No Physical Education And Sport. 69/2000

Original Language Title:  LEGE nr. 472 din 4 noiembrie 2004 pentru modificarea şi completarea Legii educaţiei fizice şi sportului nr. 69/2000

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LEGE no. 472 472 of 4 November 2004 to amend and supplement Physical Education and Sports Law no. 69/2000
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 1.062 1.062 of 16 November 2004



The Romanian Parliament adopts this law + Article I The Physical Education and Sports Act No. 69/2000 , published in the Official Gazette of Romania, Part I, no. 200 of 9 May 2000, as amended and supplemented, shall be amended and supplemented as follows: 1. Paragraph 3 of Article 2 shall read as follows: "(3) Physical education and sport include the following activities: physical education, school and university sport, sport for all, performance sport, physical exercises practiced for maintenance, prophylactic or therapeutic purposes." 2 paragraphs 2, 3, 4 and 5 of Article 6 shall read as follows: " (2) School and university sports associations are sports structures established under the conditions of this law, the activity of which is coordinated by the School Sports Federation, respectively by the University Sports Federation. (3) The Federation of School Sports and the Federation of University Sports, established under the law, have the following tasks: a) promoting the educational valences of sport; b) the initiation and organization of programs and actions to attract students and students to the practice of sport; c) coordination of sports competitions held in educational establishments and institutions, organized by school and university sports associations; d) support or organization, as the case may be, of local, area and national competitions of the representatives of educational establishments and institutions; e) possession of exclusive competence for the representation of the country at official competitions organized under the aegis of international federations of school and university (4) The organization and functioning of the School Sports Federation and the Federation of University Sports are established by Government decisions, initiated by the National Agency for Sport and the Ministry of Education and Research. (5) The financing of the Federation of School Sports, respectively of the Federation of University Sports, is made by allowances from the state budget, on the basis of programs, as well as by extra-budgetary income. To support the representation programs at the official international competitions, held under the aegis of the international federations of the school sport and university sport, the School Sports Federation, and the Sports Federation University, I can benefit, with priority, from government allowances. " 3. Article 11 shall read as follows: "" Art. 11. -(1) The financing of the national program "Sport for all" is provided from funds provided distinctly in the state budget and from funds from local budgets. (2) The financial means necessary to support the sub-programs carried out by the National Sports Federation "Sport for all" shall be provided from funds provided distinctly in the state budget. (3) The sub-programs proposed by the other institutions, which are approved annually by the Sports Physical Activities Committee for Health, Education and Recreation, are financed from local budgets, from funds received from international bodies, from sponsorships, donations and related, as well as from state budget funds, which will be provided with the destination for sports and youth activity. " 4. Article 14 shall read as follows: "" Art. 14. -(1) Performance athletes may be amateur or professional, according to the provisions of national and international sports federations and regulations, under the law. (2) It is amateur athletes who, for the practice of that sport, do not have contractual working relationships with sports clubs to which they are legitimized. (3) Professional athletes are those who, for the practice of that sport, conclude, under the law, with the clubs to which an individual fixed-term employment contract is legitimized and which obtain a professional sports license. (4) The sports branches, as well as the conditions for practicing professional sports shall be established by Government decision, initiated by the National Agency for Sport, at the proposal of the national sports federations. " 5. In Title III, the title shall read as follows: "" TITLE III Administration structures for sport " 6 6. The letter f) of paragraph 1 of Article 18 shall read as follows: "f) manages the public domain and the private domain of the State, entrusted to the National Agency for Sport;" 7. After the letter g) of paragraph 1 of Article 18, a new letter, letter g ^ 1) is inserted, with the following contents: " g ^ 1) oversees the maintenance of the destination of the bases and/or sports facilities that belonged to the public or private domain of the state or administrative-territorial units and which, subsequently, were acquired as patrimonial assets intended sports activity or sold to companies. " 8 8. Letters i) and j) of paragraph 1 of Article 18 shall read as follows: " i) allocate the budget of the sports activity, constituted according to this law, for: -its own activity and that of the institutions subordinated to it; -national sports federations, based on the financing contracts of their sports programs; -awarding outstanding performances at official international sports competitions; j) authorizes the affiliation of national sports federations to international sports federations and other continental or world forums, as well as the affiliation of other organizations with sports profile at international specialized forums. " 9. Paragraph 1 of Article 20 shall read as follows: "" Art. 20. -(1) The departments for county sports, respectively of the city of Bucharest, have the following main tasks in the field of sports: a) keep records of sports structures without legal personality in the county, by registering them in the Sports Register; b) finance, on the basis of contract, the sports programs of the county associations and of the city of Bucharest on sports branches and sports clubs of private law, within the respective administrative-territorial area, within the limit of the amount provided in the revenue and expenditure budget with this destination; c) collaborate with local councils, in order to efficiently use the amounts granted from local budgets for performance sports activity in the territory; d) develop and carry out, in collaboration with local public administration authorities, plans to build and improve sports facilities and facilities, in order to develop sport in general and performance sport in territory, finances some special programs for athletes, wards or teams from administrative-territorial radius; e) collaborate with school inspectorates, educational establishments and higher education institutions for the organization and development of school and university sports, as well as for the training and improvement of professional training of sports instructors; f) initiates the necessary measures to prevent violence at sports events organized in their territorial area, as well as doping in sport; g) support with material and financial means the practice of sport for all; h) directs and controls, from a technical-methodical and specialized point of view, the sports structures in the county; i) supervise the maintenance of the destination of sports facilities in the public or private domain of the state or administrative-territorial units, as well as those who belonged to the public domain and entered the private circuit. " 10. After Article 20, Chapter III is inserted as follows: "" CHAPTER III Romanian Olympic Committee Art. 20 ^ 1. -(1) The Romanian Olympic Committee is an association of national interest that is organized and operates on the basis of its own status, developed in accordance with the provisions of the Olympic Charts and the present law. (2) The Romanian Olympic Committee is a legal person of private law, public utility, autonomous, non-governmental, non-governmental, apolitical and non-profit. (3) The acquisition of legal personality is made under the law. (4) The Romanian Olympic Committee has exclusive competence for the representation of the country at the Olympic Games and the other programs organized under the aegis of the International Olympic Committee or the continental The Romanian Olympic Committee is the sole holder on the territory of Romania of the rights of use of the marks and of all the Olympic symbols specified in its own status, in Charta Olimpica and in other normative documents of the Olympic movement. (5) The natural or legal persons on the territory of Romania may not use the insignia of the International Olympic Committee, the insignia and emblem of the Romanian Olympic Committee and other Olympic intellectual property rights than with the Olympic Roman. (6) The Romanian Olympic Committee organizes and coordinates the activity of the Romanian Olympic Academy, a unit subordinated to it, without legal personality, with powers in the development and promotion of the fundamental principles of Olympianism. Article 20 ^ 2. -(1) In order to achieve its object of activity, the Romanian Olympic Committee collaborates with governmental and non-governmental institutions, associations and public or private law organizations. (2) The Romanian Olympic Committee supports financially, on the basis of financing contracts, the activity of national junior training centers. National sports federations lead, organize and coordinate the work of these centers. The National Agency for Sport, the Ministry of Education and Research, central and local public administration authorities collaborate and support the work of the national Olympic junior training centers. (3) The financing sources of the Romanian Olympic Committee may be: a) amounts from the state budget; b) own income; c) other sources. (4) The level of budgetary allocations and the categories of expenditure to be financed from them shall be approved by the annual budgetary laws. (5) The Romanian Olympic Committee can benefit from governmental financial support for the achievement of the Olympic programs. (6) The Romanian Olympic Committee may own property, concession or immovable use, sports facilities and facilities of national interest. (7) The legal proceedings for the exploitation of the rights of any kind of the Romanian Olympic Committee shall be exempt from stamp duty. " 11 11. Letters b) and f) of paragraph 1 of Article 21 shall read as follows: " b) sports clubs, including those organised as commercial companies, educational establishments with a programme or sport profile, palaces and clubs of children and pupils; .............................................................. f) Automobile Club Roman, for the activity of sports motoring and sports karting; " 12. After the letter f) of Article 21, a new letter, letter g) is inserted, with the following contents: "" g) other national sports organisations. '; 13. Paragraph 1 of Article 22 shall read as follows: "" Art. 22. -(1) For the purposes of this law, sports structures are associations of private law or public law institutions, constituted or established, as the case may be, for the purpose of organizing and administering a sports activity and aimed at promoting one or more sports disciplines, their practice by their members and participation in sports activities and competitions. " 14. Paragraph 1 of Article 28 shall read as follows: "" Art. 28. -(1) Private sports clubs have their own regime of administration and management of the budget and of the patrimony, approved by their general meetings, under the law. " 15. Paragraph 4 of Article 28 shall be repealed. 16. Paragraph 5 of Article 28 shall read as follows: "(5) The dissolution of a private sports club is under the law." 17. Paragraph 2 of Article 29 shall read as follows: "(2) Mono-or polysport public law sports clubs shall be organized and operated by their own regulations, elaborated according to the law." 18. Paragraph 1 of Article 31 shall read as follows: "" Art. 31. -(1) Professional sports clubs are sports structures organized as non-patrimonial associations or sports companies on shares, which obtained the license from the national sports federation, issued in accordance with the statutes and regulations of international federations on the sports branch. " 19. Paragraph 3 of Article 31 shall read as follows: " (3) Professional sports clubs, organized as associations without patrimonial purpose, are subject to the legal regime of this type of associations, and professional sports clubs, organized as commercial sports companies on shares, apply to them. the legal regime of companies, with the particularities of this law. " 20. Paragraph 4 of Article 31 shall be repealed. 21. Paragraph 1 of Article 32 shall read as follows: "" Art. 32. -(1) The initial social capital of professional sports clubs shall be constituted under the law. " 22 paragraphs 2 and 3 of Article 32 shall be repealed. 23. Paragraph 4 of Article 32 shall read as follows: "(4) The reorganization of sports clubs shall be made according to the regulation implementing this law." 24. Paragraph 1 of Article 34 shall read as follows: "" Art. 34. -(1) The county associations and of the city of Bucharest on sports branches are legal persons of private law, aiming to organize the activity in the respective sports branch at the level of the county or the city of Bucharest, in compliance with the statutes and regulations of national sports federations. '; 25 25. Letters b) and h) of paragraph 1 of Article 37 shall read as follows: "" b) organise, conduct, control and supervise official sports activities and competitions at national level, on the basis of the statutes and regulations adopted; .............................................................. h) promotes measures to prevent and control the use of prohibited substances and irregular methods, intended to artificially increase the physical capacity of athletes or to modify the results of competitions organized directly to national level, in accordance with the regulations of international federations, the International Olympic Committee and the World Anti-Doping Agency. Any other measures contrary to the above mentioned regulations are void of law; " 26. Paragraph 5 of Article 42 shall read as follows: "(5) The statutes of professional leagues shall be approved by general meetings and shall be compulsorily endorsed by national sports federations and the National Sports Agency." 27 27. Chapter VII of Title IV shall be repealed. 28. Article 44 shall be repealed. 29. The introductory part and letters b) and c) of paragraph 1 of Article 45 shall read as follows: "" Art. 45. -(1) The sports structures and the Romanian Olympic Committee hold the exclusivity: .............................................................. b) the right of use on the logo/emblem of its own, as well as on the name of the competition it organizes; c) the rights of advertising, advertising and radio and television broadcasting at the competitions they organize or participate in, as the case may be. " 30. Paragraph 2 of Article 45 shall be repealed. 31. After Article 45, a new article is inserted, Article 45 ^ 1, with the following contents: "" Art. 45 45 ^ 1. -The rights provided in art. 45 45 para. ((1) may be divested, with the exception of the federative rights of the athletes, which may be assigned exclusively to another sports structure. " 32. The introductory part of paragraph 1 of Article 48 shall read as follows: "" Art. 48. -(1) Revocation of the recognition of the functioning of any sports structure is within the competence of the National Sports Agency and will occur in the following cases 33. Paragraph 2 of Article 61 shall read as follows: "(2) The coach card shall be issued by the National Sports Agency and shall give the holder the rights and obligations provided for in the status of the coaches, statutes and regulations of the federations." 34. After paragraph 1 of Article 64, a new paragraph (1 ^ 1) is inserted, with the following contents: " (1 ^ 1) The performance athlete who won a gold medal at the world championships and/or the European senior championships, in a sports event that was included at least once in the Olympic Games program is entitled, on request, to an annuity. viagera. " 35. Article 65 shall read as follows: "" Art. 65. -(1) The legitimate athletes participating in competitions included in the domestic or international sports calendar are obliged, as the case may be, to possess the insurance in case of accidents, in the sports branch in which they are legitimized. (2) Sports clubs may conclude, for their legitimate athletes, insurance contracts for risk of accident or death, intervened in sports competitions or training in order to participate in competitions. (3) During the convocation of the athletes in the national lots of Romania, the obligation to pay the insurance premiums lies with the national sports federations, except in situations where the international regulations have other provisions. The same obligation lies with the Romanian Olympic Committee for lots participating in the Olympic Games or other competitions organized under the aegis of the International Olympic Committee. ((4) The insurance premium to be stipulated in the insurance contract shall be determined within the limits of the annual budget of the sports structures and of the Romanian Olympic Committee. " 36. paragraphs 3 and 4 of Article 67 shall read as follows: " (3) The annual budget shall comprise the revenue side, as applicable: a) own income; b) amounts from the state budget or local budgets granted by central or local public administration bodies for the financing of sports programs made by private law sports structures, without profit, of public utility; c) allowances from the state budget and local budgets, distributed to sports structures governed by public law by central and local public administration bodies; d) other sources. (. The annual budget of the sports structures shall be approved as follows: a) general meetings, for private sports structures; b) by the central or local public administration bodies under which it is located, for sports structures under public law. " 37. Paragraph 1 of Article 69 shall read as follows: "" Art. 69. -(1) The sports structures without patrimonial purpose and the Romanian Olympic Committee, under the conditions of this law, can benefit from amounts from the state budget and from the local budgets for the financing of sports programs. These amounts shall be provided on the basis of contracts concluded between the respective sports structures and the central or local public administration bodies, as appropriate. " 38. The letter c) of paragraph 1 of Article 70 shall read as follows: "c) 1% of taxes and excise duties applied at national level for cigarettes, cigarettes and alcoholic beverages;" 39. After the letter f) of paragraph (1) of Article 70, a new letter, letter g) is inserted, with the following contents: " g) 5% of the total remaining receipts after deduction of the license fee due, according to the legislation in force, by the organizers of authorized sports betting and betting, under the law, by the Gambling Authorization Commission, for sports betting and betting games based on the use of gender competitions for the respective branch, organized in national championships in other countries, international sports federations and bodies, as well as in the "Romanian Cup", according to the regulation implementing this law. " 40. After the letter f) of paragraph (2) of Article 70, a new letter, letter g) is inserted, with the following contents: "g) income derived from the valorisation of their assets." 41 41. The letter f) of paragraph 1 of Article 71 shall read as follows: "f) 10% of the allowances of domestic and international transfers of athletes, which are constituted in the source of financing of sports activity for children and juniors, including those in school clubs;" 42. After the letter h) of paragraph 1 of Article 71, a new letter (i) is inserted, with the following contents: "" i) income derived from the valorisation of their assets. '; 43 43. The letter a) of paragraph 2 of Article 71 shall read as follows: " a) subsidies from the state budget and local budgets granted to public sports clubs by the central and/or local public administration bodies under which they are located, as well as by the local public administration bodies of the respective administrative-territorial unit; ' 44. After letter h) of paragraph 2 of Article 71, two new letters, letters i) and j) shall be inserted, with the following contents: " i) income derived from the valorisation of assets in their assets; j) incomes obtained from participation in sports competitions and demonstrations. " 45 45. Letters a) and f) of Article 75 shall read as follows: " a) amounts from the state budget; .............................................................. f) incomes made from the granting of the right of use of the emblem of the Romanian Olympic Committee and other Olympic intellectual property rights; " 46. Article 76 shall read as follows: "" Art. 76. -The National Agency for Sport, the Ministry of Education and Research, the national sports complexes, the Romanian Olympic Committee and national sports federations are exempt from the payment of customs duties for the import of sports equipment and materials sports, installations and specific equipment, necessary for the activity of preparation, representation and participation of athletes and teams components of national and Olympic sports teams at official international competitions: Olympic games, World and European championships and cups and athletes and teams respectively sports clubs participating in official international club competitions. " 47. Paragraph 3 of Article 78 shall read as follows: " (3) The sports facilities in the public and private domain of the state and administrative-territorial units, respectively of the private sector, approved, are mandatory in the Register of sports facilities, according to a methodology approved by order of President of the National Sports Agency. 48. After Article 78, a new article is inserted, Article 78 ^ 1, with the following contents: "" Art. 78 78 ^ 1. -Public administration authorities and companies that have acquired or hold facilities and/or sports facilities are obliged to keep their destination and keep them in a state of operation. " 49. Article 79 shall read as follows: "" Art. 79. -(1) The change of destination or the abolition of sports facilities belonging to the public or private domain of the state or administrative-territorial units will be possible only by Government decision and with the prior construction of other bases sports similar to those abolished. (2) Provisions of para. ((1) shall also apply to companies that hold patrimonial assets intended for sports activity that belonged to the state. " 50. The paragraphs (5) and (6) of Article 80 shall read as follows: " (5) The holders of goods referred to in par. (1) and (2), to be reintegrated into the patrimony of the National Sports Agency, shall be obliged to make available to them all the documents certifying the property, the accounting records, as well as the necessary documents, in Registration. The National Sports Agency, through its proxies, will sue legal or physical persons who refuse to sign protocols and surrender property documents. These shares are exempt from stamp duty. (6) The tabulation of ownership of immovable property belonging to the sports material base is made with the exemption from the payment of the taxes provided by law They are also exempt from the stamp duty and the requests for appeal regarding actions in tabular performance, deregistration, cancellation or modification of entries from the land register submitted by the institutions or persons referred to in par. ((5). ' 51. After the letter e) of paragraph (12) of Article 80, a new letter, letter f) is inserted, with the following contents: " f) income derived from the valorisation of their assets. '; 52. The paragraphs (14) and (15) of Article 80 shall read as follows: " (14) The Romanian Olympic Committee and the national sports federations, as legal entities of private law, of public utility, can receive in free use, on a limited term, immovable property from the state patrimony and of the units administrative-territorial. (15) The public domain of the state, on the date of entry into force of this Law, in the administration of the National Agency for Sport, may be transferred to the public domain of the communes, cities, municipalities or counties, as the case may be, under the law. " 53. After Article 83, two new articles are inserted, Articles 83 ^ 1 and 83 ^ 2, with the following contents: "" Art. 83 83 ^ 1. -Holders with any title of the sports material base may carry out expenses on contracts to ensure it. Art. 83 ^ 2. -Holders with any title of the sports material base highlighted in the patrimony of the National Sports Agency have the obligation to obtain annual operating permits, according to the legal provisions, and are exempt from the payment of all taxes necessary to obtain these authorisations. " 54. paragraphs 2 and 3 of Article 86 shall read as follows: " (2) For the implementation of the policy and actions contained in the National Anti-Doping Program, the National Anti-Doping Agency, a public institution with legal personality, is established, subordinated to the National Agency for Sport, financed from Extra-budgetary income and allowances granted from the state budget. (3) The National Anti-Doping Agency elaborates and implements the National Anti-Doping Program, according to the provisions of the Anti-Doping Convention of the Council of Europe, the World Anti-Doping Agency The national anti-doping program is approved by order of the President of the National Sports Agency. 55. After paragraph 3 of Article 86, two new paragraphs are inserted, paragraphs 4 and 5, with the following contents: " (4) The organization, functioning and tasks of the National Anti-Doping Agency shall be established by Government decision. (5) The technical rules on the organization and conduct of doping control and sanctions that apply on the sports line to persons proven to be involved in doping cases are in accordance with the regulations of sports federations international, the International Olympic Committee and the World Anti-Doping Agency. " 56. After letter h) of Article 88, three new letters, letters i), j) and k) shall be inserted, with the following contents: " i) failure to pay the Olympic stamp to the Romanian Olympic Committee; j) not registering sports facilities in the Register of sports facilities; k) non-compliance with 70 70 para. ((1) lit. g). " 57. After Article 88, a new article is inserted, Article 88 ^ 1, with the following contents: "" Art. 88 88 ^ 1. -In particular situations of violation of constitutive acts, statutes, normative acts, the National Agency for Sport may order the convocation of the extraordinary general meeting for public utility structures. " 58. Paragraph 1 of Article 89 shall read as follows: "" Art. 89. -(1) Contraventions provided in art. 88, committed by individuals and legal entities, shall be sanctioned as follows: a) with a fine from 6,000,000 lei to 30,000,000 lei, for legal entities, and with a fine from 3,000,000 lei to 15,000,000 lei, for individuals, the facts provided in art. 88 lit. a)-c); b) with a fine from 15,000,000 lei to 45,000,000 lei, for legal entities, and with a fine from 9,000,000 lei to 30,000,000 lei, for individuals, the facts provided in art. 88 lit. d)-f), i) and j); c) with a fine from 6,000,000 lei to 15,000,000 lei, for legal entities, and with a fine from 3,000,000 lei to 9,000,000 lei, for individuals, the facts provided in art. 88 lit. g) and h); d) with a fine from 200,000,000 lei to 500,000,000 lei, for legal entities, the facts provided in art. 88 lit. k). " 59 59. The letter a) of paragraph 1 of Article 91 shall read as follows: "" a) the authorised staff of the National Sports Agency; ' 60. Paragraph 2 of Article 91 shall read as follows: " (2) Authorized persons referred to in par. (1) ascertains the violations of the law and applies sanctions in relation to their gravity, based on minutes. The fines are constituted in other revenues to the budget of the National Agency for Sport, respectively of the county sports departments and the city of Bucharest. " 61. Article 92 shall read as follows: "" Art. 92. -(1) The provisions of this Law are applicable to the provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended. (2) Failure to comply with art. 78 ^ 1 and 79 by public administration authorities and companies that have acquired or hold bases and/or sports facilities, by changing their destinations, shall be sanctioned by the return of the bases and/or sports facilities in the public or private domain of the state or administrative-territorial units. " 62. Article 95 shall read as follows: "" Art. 95. -The provisions of this Law are supplemented by Government Ordinance no. 26/2000 on associations and foundations, with subsequent amendments and completions, of Law no. 31/1990 on companies, republished, with subsequent amendments and completions, as well as the Decree no. 31/1954 on natural persons and legal persons. " + Article II The Physical Education and Sports Act No. 69/2000 , published in the Official Gazette of Romania, Part I, no. 200 of May 9, 2000, with subsequent amendments and completions, as well as with the amendments and completions brought by this law, will be republished, with the updating of the names, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU p. SENATE PRESIDENT, MARIN DINU Bucharest, November 4, 2004. No. 472. _____________