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Law No. 227 Of 7 June 2006 On Preventing And Combating Doping In Sport

Original Language Title:  LEGE nr. 227 din 7 iunie 2006 privind prevenirea şi combaterea dopajului în sport

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LEGE no. 227 227 of 7 June 2006 (** republished) (* updated *) on the prevention and control of doping in sport * *) ((updated until 30 June 2016 *)
ISSUER PARLIAMENT




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** **) Republicated pursuant to art. III of Law no. 243/2015 to amend and supplement Law no. 227/2006 on the prevention and control of doping in sport, published in the Official Gazette of Romania, Part I, no. 793 of 26 October 2015, giving the texts a new numbering.
Law no. 227/2006 on the prevention and control of doping in sport was republished in the Official Gazette of Romania, Part I, no. 147 147 of 27 February 2014 and has been amended and supplemented by Law no. 128/2014 to amend and supplement Law no. 227/2006 on the prevention and control of doping in sport as well as for the amendment Law no. 104/2008 on the prevention and control of the illicit production and trafficking of high-risk doping substances, published in the Official Gazette of Romania, Part I, no. 744 744 of 13 October 2014.
---------- + Title I General provisions + Article 1 (1) This law regulates the prevention and control of doping in sport. ((2) Under the Regulations of the Convention against Doping, adopted at the Council of Europe, in Strasbourg on 16 November 1989, ratified by Law no. 171/1998 , of the International Convention against Doping in Sport, adopted at the United Nations General Conference on Education, Science and Culture, in Paris on 19 October 2005, accepted by Law no. 367/2006 , and the World Anti-Doping Code, developed by the World Anti-Doping Agency, hereinafter referred to as the Code, is prohibited from doping in sport for reasons of an ethical and medical nature. (3) In examining the facts and legal aspects of a case of violation of anti-doping regulations, the jurisdiction to settle cases only have the sports courts, the last-degree court being the Court of Arbitration for Sport in Lausanne. + Article 2 (1) Dopage in sport represents one or more violations of the anti-doping regulations provided in par. ((2). (2) It constitutes violations of anti-doping regulations the following facts: a) the presence of a prohibited substance or its metabolites or of its markers in the biological sample from a sportsman; b) the use or attempt to use a prohibited substance or a prohibited method; c) avoidance, refusal or undue failure to provide evidence; d) violation 3 times, within a period of 12 months, of the regulations in force regarding the availability of the athlete for doping testing outside the competition, including the non-compliance by the athlete with the obligation to provide information on its location, as well as the regulations on unperformed tests, according to the World Anti-Doping Agency's International Standard for Testing and Investigation, including any combination of 3 such violations within a 12-month period; e) falsifying any part of the doping control, which includes, without limitation, intentional obstruction or attempt to obstruct a doping control officer, providing false information to an anti-doping organization or intimidating or attempt to intimidate a possible witness; f) possession of substances and/or prohibited methods; g) trafficking or attempted trafficking of any prohibited substance and/or methods; h) the administration of a sportsman in competition and/or out of competition of any prohibited substance and/or methods; i) complicity by assisting, encouraging, supporting, instigating, covering or any other type of intentional complicity involving a breach or attempt to breach an anti-doping regulation, including the introduction of a sportsman in competition during the suspension period; j) association between a sportsman and a person who suffered a suspension, as a result of involvement in a case of violation of anti-doping regulations or was convicted on the basis of a professional, disciplinary or criminal procedure, for an act that would have constituted a violation of anti-doping regulations, only after the athlete or a person in the athlete's assistant staff was notified in writing. + Article 3 Within the meaning of the present law, the following terms and expressions are defined as follows: 1. ADAMS-administration system and anti-doping management, database management tool using the internet for the introduction, storage, dissemination and reporting of data intended to help beneficiaries and the World Anti-Doping Agency in anti-doping operations, in accordance with the legislation in force relating to the processing of personal data; 2. administration-making available, providing, supervising, facilitating or participating in any other way to the use by another person of a prohibited substance and/or prohibited methods; 3. substantial aid-effective support granted by a sportsman or a person within the assistant staff of the athletes, by providing information through a written statement and the administration of evidence, including through the submission of testimonies and providing conclusive information for the discovery of a case and the establishment of a violation by another athlete or person within the athlete's assistant staff; 4. provisional hearing-summary hearing that takes place before the hearing provided in art. 47, verbal or written, in which the athlete is brought to the attention of the result found, the anti-doping regulations violated, the rights to which he benefits and his obligations; 5. National Olympic Committee-organization recognized by the International Olympic Committee; 6. competition-a single race, match, game or a singular sports competition; 7. financial consequences-the financial penalty imposed as a result of a violation of anti-doping regulations or ordered by the Court of Arbitration for Sport, in order to recover the costs associated with it; 8. doping control-the process that includes providing information on the location of athletes, planning of distribution of testing, sampling and handling of biological samples, transport of biological samples to the laboratory, laboratory analysis, the exemptions for therapeutic use (SUT), results management, hearings and calls; 9. doping control without prior notice-a doping control that is carried out without any prior warning of the athlete and in which the athlete is accompanied at all times, starting from the moment of announcement until the biological sample is taken; 10. UNESCO Convention-International Convention against Doping in Sport, adopted at the 33rd session of the UNESCO General Conference of 19 October 2005, including all amendments adopted by the States Parties to the Convention and the Conference the Parties to the International Convention against Doping in Sport; 11. disqualification-invalidation of the athlete's results, obtained during a certain competition or sports events, with all the consequences arising from this, including the withdrawal of medals, points and prizes; 12. possession or exclusive control over the prohibited substance or method; 13. falsification-modification with an incorrect purpose through incorrect action, obstruction, misleading or any fraudulent conduct, in order to modify the results of doping testing or to prevent the conduct of proceedings the usual doping testing, as well as providing false information to the Agency; 14. public information or reporting-publication of information on the violation of an anti-doping regulation, in accordance with art. 55 55; 15. in competition-the period beginning 12 hours before a competition to which the athlete is scheduled to participate, until the end of the competition and the sampling process related to that competition, except in situations where provides otherwise in the regulations of an international federation or other national anti-doping organisation; 16. out of competition-any doping testing that is not carried out in competition; 17. lack of guilt or negligence-the demonstration by the sportsman that he did not know or suspected nor would have had the opportunity to know or suspect, even by exercising the most careful worry, the fact that he used or was controlled substances or methods have been administered or that in another way it has violated anti-doping regulation; 18. lack of guilt or significant negligence-the demonstration by the sportsman that the guilt or negligence shown by it was not significant in terms of violation of anti-doping regulations, when considering the circumstances and the criteria laid down therein shall be taken into account; 19. The prohibited list-the list that names the prohibited substances and methods; 20. the place of a sporting event-a place established by the decision-making body of 21. registered test batch-sample consisting of elite athletes, established separately by each international federation and national anti-doping organization, athletes who are subject to doping testing in and out of competition as part of the the plan to distribute the tests belonging to the respective international organization or federation and which are required to provide location information in accordance with the provisions of the Code and the International Standard for Testing and investigations; 22. sports event-series of individual competitions organized together by a single decision-making body; 23. international sports event-a sports event where the International Olympic Committee, the International Paralympic Committee, an international federation, an organization that organizes a major sports event or another The international sports organization is responsible for sporting events or appointing officials for it; 24. national sports event-a sports event involving the participation of national and international athletes, which is not an international sports event; 25. marker-a compound, group of compounds or biological parameters, indicating the use of prohibited substances or methods; 26. metabolite-any substance produced in the body following a process of metabolism, biodegradation; 27. prohibited method-any method thus qualified in the prohibited List; 28. doping control officer-person attested by the Ministry of Labour, Family, Social Protection and Elderly and who has, on the basis of the delegation issued by the National Anti-Doping Agency, the responsibility of the on-site management of the meeting sampling; 29. official for the collection of blood samples-authorized doping control officer who also has medical qualification for carrying out venous puncture, obtained according to legal provisions; 30. organizer of major sports events-continental associations of the national Olympic committees and other international multidisciplinary sports organizations, which function as the decision-making body of any sporting events continental, regional or international; 31. anti-doping-signatory organization responsible for the adoption of rules for the initiation, implementation or application of any part of the doping control process, which may include the International Olympic Committee, the International Paralympic Committee, other organizations that organize major sports events that perform testing at these sports events, the World Anti-Doping Agency, international federations and national anti-doping organizations; 32. national anti-doping organization-entity designated by each country, having the national authority and responsibility at national level to adopt and implement anti-doping regulations, to carry out the sampling activity, the results management and the hearing procedure; 33. Regional anti-doping-entity organization at regional level, designated by member countries to coordinate and manage delegated domains from their national anti-doping programs, which may include the adoption and implementation of regulations anti-doping, planning and sampling, management of results, examination of exemptions for therapeutic use, conduct of hearings and coordination of educational programs at regional level; 34. participant-any athlete or member of the athlete's assistant staff; 35. the athlete's biological passport-the program and the methods by which information is collected and recorded, in accordance with the international standards of the World Anti-Doping; 36. the period of sporting event-the time between the beginning and the end of a sporting event, established by the body coordinating the manifestation; 37. person-natural or legal person and any other entity; 38. personal assistant to the athlete-any coach, preparer, manager, agent, team management staff, official, medical or paramedic staff, parent or any other person working, treating or assisting the athlete who participate or prepare to participate in sports competitions; 39. possession-the situation in which the person has exclusive control or intends to exercise control over the prohibited substance and/or method; purchase, including by electronic means or any other means, of a substance and/or methods prohibited, by a person, constitutes possession; 40. biological sample-any biological material collected to be subject to doping control; 41. contaminated product-a product containing a prohibited substance and not mentioned on the product label; 42. the program of independent observers-the observer team, under the supervision of the World Anti-Doping Agency, which observes and provides guidance on the doping control process at certain sports events and reports observations 43. atypical result-a report from a laboratory or other entity recognized by the World Anti-Doping Agency, which requires further investigation according to the provisions of the International Standard for Laboratories, before establishing existence of a positive result; 44. positive result-a report from a laboratory or other entity to which the testing was approved, which identifies, in a biological sample, the presence of a prohibited substance, the metabolites or its markers, including significant quantities of endogenous substances or evidence of the use of prohibited methods; 45. positive result in the biological passport-report elaborated on the basis of the procedure laid down in the Technical Document or in the Technical Instructions, which reveals that the analytical results examined are atypical in relation to a normal physiological state or with a known pathology and are comparable to the use of a prohibited substance and/or methods; 46. exemption for therapeutic use (SUT)-approval of the use for therapeutic purposes of a substance and/or methods prohibited to athletes presenting a medically proven condition; 47. signatories-signatory entities of the Code, which comply with its provisions; 48. team sport-a sport in which the replacement of players is allowed during the course of a competition; 49. individual sport-any sport that is not team sport; 50. sports-any person participating in sports activity at international level, defined as such by each international federation, or any person participating in sports activity at national level, legitimized at a sports club affiliated to a national sports federation, and any other person participating in sports activity at the lower level. This definition also includes sport practitioners at recreational level, without the obligation to provide information on their location and to seek exemption for therapeutic use (SUT); 51. national-level sports-athlete competing in a national sports discipline, according to the definition developed by each national anti-doping organization, in compliance with the International Standard for Testing and Investigation; 52. sport of international-sport level that competes at international level in a sports discipline, defined as such by each international federation, in compliance with the International Standard for testing and investigations; 53. international standard-a standard adopted by the World Anti-Doping Agency, which also contains technical details necessary for the implementation of the provisions of the Code; 54. strict responsibility-the rule that, according to art. 2 2 para. ((2) lit. a) and b), in order to establish the violation of an anti-doping regulation, it is not necessary for the anti-doping organization to demonstrate the intention, guilt, negligence or knowingly use of a substance and/or methods prohibited by the athlete; 55. the prohibited substance-any substance thus qualified in the prohibited List; 56. Specific substances-all prohibited substances, except substances in the classes of anabolic agents, hormones and certain stimulants and hormone antagonists and modulators, as well as prohibited methods, identified as such in the List prohibited, international standard of the World Anti-Doping; 57. suspension-stopping the athlete or a person from his assistant staff, for a fixed period of time, from participating in any competition, exercising an activity in relation to sports activity, such as and suspension of funding under art. 61 61 para. ((9); 58. provisional suspension-temporary stop of the athlete or a person from the assistant staff of the athlete suspected of one of the violations provided in art. 2 2 para. ((2) from participation in any competition until the final decision is taken; 59. attempt-deliberate behavioral employment, which constitutes an important step in the conduct of an action, with the purpose of committing one of the facts provided in art. 2 2 para. ((2); 60. therapeutic-treatment of a medical condition with agents or curative methods or that help cure; 61. target tests-selection of athletes for testing, based on the criteria set out in the International Standard for Testing and Investigation; 62. doping testing-part of the process of conducting doping control, which involves planning the distribution of tests, taking biological samples, handling them and transporting biological samples to the laboratory; 63. traffic-sale, offer, transport, sending, bringing or distribution or possession, in one of the purposes here provided, to a third party, of a prohibited substance and/or methods, by any means, by a sportsman, personal assistant of the athlete or any other person under the jurisdiction of an anti-doping organization; 64. use of prohibited substances or methods-application, ingestion, injection or consumption by any means of any prohibited substance or method; 65. guilt-any breach of a duty or any lack of due attention in accordance with a particular situation. + Title II Organisation of anti-doping activity at national level + Chapter I National Anti-Doping Agency + Article 4 (1) In order to combat the doping phenomenon in sport operates the National Anti-Doping Agency, hereinafter referred to as the Agency, a public institution with legal personality, with decision-making autonomy and operational in anti-doping and scientific research in the field, subordinated to the Government, coordinated by the Prime Minister, through the Prime Minister's Chancellery, financed by own income and subsidies granted from the state budget, through the budget of the General Secretariat of the Government, with headquarters in Bucharest, bd. Bessarabia no. 37-39, Sector 2. ---------- Alin. ((1) of art. 4 4 has been modified by the subsection. 1 1 of section IX, art. 8 of EMERGENCY ORDINANCE no. 40 40 of 28 June 2016 published in MONITORUL OFFICIAL no. 490 490 of 30 June 2016. (2) The staff of the Agency shall be contract staff and shall be salaried at the level provided for the Government working apparatus. + Article 5 (1) The doping control laboratory is organized as a public institution with legal personality, independent from an analytical, financial, scientific and operational point of view towards the Agency and any sports structure, subordinated to the Government and Coordination of the Prime Minister, through the Prime Minister's Chancellery, financed by own income and subsidies granted from the state budget, through the budget of the General Secretariat of the Government, by the abolition of the research and anti-doping laboratory of the National Anti-Doping Agency and taking over its activity. (2) The duties, organization, operation, number of posts and organizational structure of the Doping Control Laboratory shall be established by Government decision. (3) The patrimony of the doping control laboratory is constituted by the totality of the patrimonial rights and obligations assumed by the National Anti-Doping Agency related to the activity taken over by the Laboratory of the Agency. (4) The doping control laboratory takes over from the National Anti-Doping Agency, on the basis of delivery-reception protocol, the patrimony related to the research and anti-doping laboratory, established on the basis of the financial statements prepared according to the provisions art. 28 28 para. ((1 ^ 1) of the Accounting Law no. 82/1991 , republished, with subsequent amendments and completions. (5) Fixed means and inventory objects located in the premises located in the premises of the National Anti-Doping Agency used by the Doping Control Laboratory shall be taught on the basis of delivery-reception protocol concluded between the Director of the Laboratory of Doping Control and National Anti-Doping Agency President. ---------- Article 5 has been amended by the subsection. 2 2 of section IX, art. 8 of EMERGENCY ORDINANCE no. 40 40 of 28 June 2016 published in MONITORUL OFFICIAL no. 490 490 of 30 June 2016. + Article 5 ^ 1 (1) The staff of the doping control laboratory is contract staff and is salarized at the level provided for the Government working apparatus. (2) The staff of the Research and Anti-Doping Laboratory Directorate is taken over by the Doping Control Laboratory, in compliance with the salary rights existing at the time of the takeover and the other rights provided by the law for this category (3) The laboratory shall be subrogated in all rights and obligations arising from the activities taken from the Agency, including those resulting from the employment contracts concluded by the Agency for the personnel taken according to par. (2) in compliance with the provisions of the Labor Code ---------- Article 5 ^ 1 was introduced by the sub-item. 3 3 of section IX, art. 8 of EMERGENCY ORDINANCE no. 40 40 of 28 June 2016 published in MONITORUL OFFICIAL no. 490 490 of 30 June 2016. + Article 6 The Agency shall: a) to prevent and combat at national level the doping phenomenon by adopting and implementing anti-doping policies and regulations, in accordance with the provisions of this law; b) encouraging the practice of clean sport, in order to protect the health of athletes and respect the principles of fairplay in sport; c) elaboration and development of studies and projects of sociological, behavioral, legal and ethical research, investigations carried out in the field of biochemistry, analytical and physiological; d) preventing and combating the illicit production and trafficking of high-risk doping substances; e) reaffirming Romania's commitment and strengthening the position of credible and active partner in the global effort to fight doping in sport; f) institutional development in order to implement policies adopted in the field. + Article 7 In order to achieve the objectives set out in 6 the Agency shall perform the following tasks: 1. elaborates the National Anti-Doping Strategy, in accordance with the objectives and provisions of the Code, of international standards, of the regulations of the Convention against Doping, adopted at the Council of Europe, in Strasbourg, at 16 November 1989, ratified by Law no. 171/1998 ,, and the UNESCO Convention; 2. initiates draft normative acts for the harmonization of national anti-doping legislation with international regulations in the field; 3. responds to the conduct of doping tests and ensures the management of the results and the hearing procedure; 4. elaborates and updates the plan for the distribution of doping tests, in accordance with the provisions of the Code and the International Standard for testing and investigations; 5. investigates atypical results and atypical data from the athlete's biological passport; 6. investigates any other information resulting from analyses or other sources or data indicating the violation of one or more anti-doping regulations, in order to either exclude suspicion of violation of the rule/rules, or to strengthen evidence to support the initiation of a infringement procedure; 7. initiates, promotes and/or supports financially, as the case may be, educational and doping prevention programs in sport; 8. organizes and performs doping controls in competition and outside the competition; 9. ensures the application of concrete measures to sanction doping in sport; 10. initiates, supports financially and/or encourages programs to promote fairplay in sports; 11. encourages sports structures, the Ministry of Youth and Sports and the Romanian Olympic and Sports Committee in the adoption of coherent and uniform testing programs; 12. collaborates with public authorities and institutions, with national and international governmental and non-governmental organizations with tasks in the field; 13. proposes specific measures and collaborates with public authorities and institutions in order to intensify the fight against illicit trafficking of substances and/or prohibited methods; 14. initiates the approval and revision of the Prohibited List *), in accordance with the World Anti-Doping; Note
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* *) See Law no. 129/2014 for the approval of the International Standard Prohibited List for 2014, published in the Official Gazette of Romania, Part I, no. 740 740 of 10 October 2014 and The National Anti-Doping Agency's President's Order No. 224/2015 on the approval of the Prohibited List for 2016, published in the Official Gazette of Romania, Part I, no. 802 802 of 28 October 2015.
---------- 15. updates, in collaboration with the Ministry of Health and the National Agency of Medicines and Medical Devices, and publishes annually the list of pharmaceutical specialties authorized and marketed in Romania that are composed of substances and/or methods 16. draw up the annual national test plan, in competition and outside the competition, and make it available to the World Anti-Doping Agency, at its request, draw up the registered test batch and keep track of the location of the athletes, according to the provisions of the International Standard for Testing and Investigation of the World Anti-Doping; 17. ensures the organization and functioning of the commissions provided in art. 14 14 para. ((1); 18. approves the therapeutic use exemptions for national-level athletes, at their written request, in accordance with the procedure described in the World Anti-Doping Agency's International Standard for Granting Therapeutic Use Exemptions (SUT) and keep track of the exemptions for therapeutic use (SUT) for international athletes; 19. communicates to the World Anti-Doping Agency and international specialized federations cases of violations of managed anti-doping regulations, as well as requests for exemptions for therapeutic use (SUT) for national-level athletes; 20. elaborates the methodological norms on the organization and conduct of doping 21. organizes courses for professional training and improvement of doping control officers; 22. organizes anti-doping training courses for instructors in bodybuilding and fitness rooms; 23. presents an annual activity report to the Government and Parliament; 24. organizes periodically, with sports structures, actions on information, prevention and combating of doping phenomenon in sport; 25. initiates, promotes and carries out scientific research activities; 26. elaborates the rules for the use of the Agency's revenue for the categories of expenses that are carried out to carry out actions to prevent and combat doping in sport, as well as those to prevent and combat illicit trafficking substances contained in the prohibited List and subject them to the Government for approval, by decision; 27. endorses the food supplements that hold notification of placing on the market, intended for use by athletes; 28. draw up and carry out the annual anti-doping education plan; 29. releases, annually, the statistical report on the doping control activities undertaken, its copy being communicated to the World Anti-Doping; 30. collects, stores, processes or communicates personal data regarding sports and other persons, when necessary and applicable in the conduct of anti-doping activities, in accordance with the Code and the national legislation in vigor. + Article 8 The Agency has the obligation to pay the dues established by the international governmental and non-governmental organizations, assumed by Law no. 171/1998 and the International Convention against Doping in Sport, adopted at the United Nations General Conference on Education, Science and Culture, in Paris on 19 October 2005, accepted by Law no. 367/2006 . + Article 9 Public radio and television stations shall make available, free of charge, to the Agency a minimum emission space of 30 minutes monthly, of which 50% at maximum audience hours, for the dissemination of educational programmes and promotional materials, in the aim of preventing and combating doping in sport. + Article 10 (1) In addition to the Agency the Board of Directors operates, as an advisory body (2) The management of the Agency is provided by a president, appointed for a period of 5 years, by decision of the Prime Minister, among specialists in the field, on the basis of meeting the requirements of professional and managerial skills, as well as the criterion of political independence and independence from sports structures. + Article 11 (1) The Board of Directors of the Agency shall be composed of 9 members, as follows: a) President; b) 4 representatives of the working apparatus of the Government; c) a representative of the Ministry of Youth and Sports, designated by the minister, among his employees; d) a representative of the Romanian Olympic and Sports Committee; e) a representative of performance athletes, designated by the Romanian Olympic and Sports Committee; f) a representative of the national sports federations, designated by the Romanian Olympic and Sports Committee. (2) The powers of the Governing Council shall be determined by Government decision. (3) The activity of the Governing Council shall be headed by a President, who is also the President (4) The mandate of the members of the Governing Council is 5 years (5) The members of the Board of Directors are obliged to observe professional secrecy and will sign statements of confidentiality and conflict of interest. (6) The Board of Directors shall meet in monthly ordinary meetings and in extraordinary meetings whenever necessary, at the request of the President or at least two thirds of the number of its members. (7) The convocation of the Board of Directors shall be made at least 5 working days before the date of the meeting and shall necessarily include the necessary agenda and documentation. ((8) The decisions of the Governing Council shall be adopted with the vote of at least two thirds of its members. (9) The members of the Governing Board, who attend meetings, with the exception of the President, shall receive a meeting allowance of 20% of the President's monthly allowance. The total amounts due to a member of the Governing Board, as a result of attending meetings, may not exceed 20% of the President's monthly allowance in a month. + Article 12 ((. The term of office of the members of the Governing Board shall be terminated before the following a) waiver of membership; b) transfer to another public authority or institution; c) application of a disciplinary sanction; d) failure to fulfil its obligations; e) loss of quality for which they were appointed; f) death; g) revocation of the mandate by the appointing authority. (2) In the cases provided in par. ((. A new representative shall be appointed, whose mandate shall last until the expiry of the term of office of the one in whose place he was appointed + Article 13 (1) The President of the Agency has the rank of Secretary of State and is assisted in his work by a Vice President, with the rank of Undersecretary of State, appointed for a period of 5 years, under the law, by decision of the Prime Minister, on the basis of fulfillment the requirements of professional and managerial skills, as well as the criterion of political independence and independence from sports structures. (. In the exercise of his duties, the President of the Agency shall issue orders (3) The orders and instructions issued by the President of the Agency shall be published in the Official Gazette of Romania, Part I. + Article 14 (1) In addition to the Agency, the Commission for the granting of exemptions for therapeutic use, the Commission for the Hearing of Athletes and the assistant staff of athletes who have violated the anti-doping regulations and the Appeal Commission is constituted. (2) The composition and powers of the commissions referred to in par. (1) is hereby approved by the President of the Agency *). Note
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* *) See The National Anti-Doping Agency's President's Order No. 47/2014 for the approval of the Regulation on the organization and functioning of the Commission for the hearing of athletes and assistant staff of athletes who violated the anti-doping regulations, published in the Official Gazette of Romania, Part I, no. 168 168 of 10 March 2014.
---------- (3) Members of the commissions referred to in par. (1), who attend meetings, receive a meeting allowance of 20% of the president's monthly allowance. The total amounts due to a member of the committees, as a result of participation in meetings, may not exceed 20% of the monthly allowance of the president in a month. (4) For the activity performed by the commissions provided in par. (1) a fee is charged the amount of which is established annually, by decision of the Board of Directors, approved by order of the President of the Agency, published in the Official Gazette of Romania, Part I. + Article 15 (1) The financing of current and capital expenditures of the Agency shall be ensured from its own revenues and from subsidies granted from the state budget, through the budget of the General Secretariat of the Government. (2) The rates for the training and improvement of the doping control officers, as well as the tariffs for testing the nutritional supplements shall be established by order of the President of the Agency * * Note
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** **) See The National Anti-Doping Agency's President's Order No. 250/2013 on the approval of the tariff for the training and improvement of doping control officers, published in the Official Gazette of Romania, Part I, no. 370 370 of 21 June 2013.
---------- + Article 16 * **) Note
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*** ***) See Framework law no. 284/2010 on the unitary salary of the personnel paid from public funds, published in the Official Gazette of Romania, Part I, no. 877 of 28 December 2010, as amended and supplemented, and Government Emergency Ordinance no. 57/2015 on the salary of personnel paid from public funds in 2016, the extension of some deadlines, as well as some fiscal-budgetary measures, published in the Official Gazette of Romania, Part I, no. 923 923 of 11 December 2015.
---------- ((1) Employees who have a working age within the Agency for at least 2 years receive a monthly stability increase of 5%, calculated on the basic salary. (2) For each year of seniority, exceeding the threshold of 2 years, to the percentage provided in par. (1) add 3 percent each. (3) The stability athlete, granted under the conditions of par. ((1) and (2), may not exceed 20% of the basic salary. (4) The stability athlete shall be granted on the 1st of the month following the month in which the seniority referred to in paragraph has been fulfilled. ((1) and (2). (5) The stability sport shall not be granted to persons employed after retirement. + Article 17 * **) Note
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*** ***) See Framework law no. 284/2010 on the unitary salary of the personnel paid from public funds, published in the Official Gazette of Romania, Part I, no. 877 of 28 December 2010, as amended and supplemented, and Government Emergency Ordinance no. 57/2015 on the salary of personnel paid from public funds in 2016, the extension of some deadlines, as well as some fiscal-budgetary measures, published in the Official Gazette of Romania, Part I, no. 923 923 of 11 December 2015.
---------- (1) The staff of the Agency, due to the fact that it is subjected by the profile of the activity carried out to a very high mental request and to the risk of illness as a result of handling biological samples of urine and blood, benefit from an increase in amount of up to 25%, calculated on the basic salary, under the law. (2) The categories of contractual personnel, the amounts of the increase provided in par. (1) and the conditions of granting shall be established, within the limits provided by law, by the administrative act of the principal authorising officer, with the classification in the personnel expenses provided for in the approved budget. + Article 18 * **) Note
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*** ***) See Framework law no. 284/2010 on the unitary salary of the personnel paid from public funds, published in the Official Gazette of Romania, Part I, no. 877 of 28 December 2010, as amended and supplemented, and Government Emergency Ordinance no. 57/2015 on the salary of personnel paid from public funds in 2016, the extension of some deadlines, as well as some fiscal-budgetary measures, published in the Official Gazette of Romania, Part I, no. 923 923 of 11 December 2015.
---------- Financing of the bonuses provided in art. 16 and 17 shall be made from their own income, with the staff expenses provided for in the approved budget. + Article 19 * **) Note
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*** ***) See Framework law no. 284/2010 on the unitary salary of the personnel paid from public funds, published in the Official Gazette of Romania, Part I, no. 877 of 28 December 2010, as amended and supplemented, and Government Emergency Ordinance no. 57/2015 on the salary of personnel paid from public funds in 2016, the extension of some deadlines, as well as some fiscal-budgetary measures, published in the Official Gazette of Romania, Part I, no. 923 923 of 11 December 2015.
---------- (1) The staff of the Agency shall benefit from the confidentiality increase in the amount of 15%, applied to the monthly gross basic salary. (2) The personnel categories and the conditions for granting the increase provided in par. (1) shall be established, within the limits provided by law, by the administrative act of the principal authorising officer, with the opinion of the Ministry of Public Finance and the Ministry of Labour, Family, Social Protection and Elderly. + Chapter II Publication and review of Prohibited Listing + Article 20 (1) The prohibited list, in accordance with that of the World Anti-Doping Agency, is approved by order of the President of the Agency and shall be published in the Official Gazette of Romania, Part I. (2) The Agency will review the Prohibited List whenever changes appear in the list published by the World Anti-Doping Agency. + Chapter III Exemptions for therapeutic use + Article 21 (1) The presence of a prohibited substance or its metabolites or markers and/or its use or attempted use, possession or administration or attempt to administer a prohibited substance or a prohibited method will not constitute a violation of an anti-doping regulation, if there are incidents of exemptions for therapeutic use (SUT) granted in accordance with the International Standard for the granting of therapeutic use exemptions (SUT). (2) The Agency shall ensure the application of the procedure for granting exemptions for therapeutic use for national athletes or for athletes resident on the territory of Romania, but who are not internationally, at their written request, in compliance with the procedure described in the International Anti-Doping Agency's Therapeutic Use Exemption (SUT) Standard. (3) International athletes have the obligation to communicate to the Agency the requests for granting exemptions for therapeutic use, submitted to the international specialized federation, according to the provisions of the International Standard for granting the World Anti-Doping Agency's therapeutic use (SUT) exemptions. (4) The Agency will report to the World Anti-Doping Agency, through ADAMS, the exemptions for therapeutic use granted to national athletes and to athletes resident on the territory of Romania who are not international, included in its test group registered. + Chapter IV The role and responsibilities of the athletes and their assistant staff + Article 22 Athletes and their assistant staff are required to know and comply with national and international anti-doping regulations. + Article 23 The athlete is directly responsible for what is found in his biological sample. + Article 24 The athlete has the obligation to decline his quality in front of medical staff, including family doctors and medical specialists. + Article 25 (1) Athletes and their assistant staff are required to cooperate with anti-doping organizations in investigations relating to violations of anti-doping regulations. (2) The assistant staff of the athlete has the obligation to cooperate with the Agency during doping testing. + Article 26 Athletes who are part of the Agency's registered test squad are required to provide correct location information and complete them in the ADAMS system. + Article 27 (1) National and/or international athletes, included in the registered Test Lot, who withdraw from sports activity, have the obligation that, if they return, to announce in writing 6 months before their return, to be available for testing and providing location information to the Agency and/or the international federation to which they are affiliated. (2) The World Anti-Doping Agency may grant an exemption from the written notification rule, as provided in par. (1), according to the Code. (3) Any results obtained in the competition, in violation of the provisions of para. (1), will be cancelled. + Article 28 (1) The athlete withdrawn from the sports activity during the suspension, if he wishes to return to work, cannot participate in national or international competitions before announcing in writing the national and/or international federation and/or Agency. ((2) The notification will be made in writing, with a period of time equal to the suspension period remaining to be executed at the time of withdrawal, when it is more than 6 months, and otherwise, 6 months before. (3) During the periods provided in par. (2), the athlete is required to undergo doping testing and provide information on location. + Article 29 (1) Doctors, nurses and paramedic staff must pay particular attention to the medical treatment of athletes and comply with the following rules: a) not to recommend, not to prescribe and not to administer drugs and/or food supplements that have prohibited substances in their composition, except for the situation in which there is exemption for therapeutic use; b) not to recommend, not to prescribe or not to collaborate on the use of prohibited methods that are included on the Prohibited List, unless exemption for therapeutic use can be obtained; c) prevent the use by athletes of prohibited substances and/or methods; d) to inform the athletes and national sports federations responsible for the administered medication, composition and effects on the body; e) to inform the responsible national sports federation, as well as the Agency, if they suspect a sportsman that they would use prohibited substances and/or methods, in order for it to be subject to target tests. (2) The assistant staff of the athlete will not use and will not have prohibited substances and/or prohibited methods, without valid justification. + Chapter V Doping testing and investigations + Article 30 Doping testing, in competition and outside the competition, is carried out according to the National Annual Test Plan, in compliance with the provisions of the International Standard for testing and investigations. + Article 31 (1) The doping testing shall be carried out by the Agency, from its own initiative, or may be requested by the Agency: a) Ministry of Youth and Sports; b) Romanian Olympic and Sports Committee; c) Federation of School and University Sports; d) national sports federations, clubs or professional leagues; e) other organizers of sports events, which are not included in a federal framework. (2) The procedure for conducting doping testing is regulated in the methodological norms regarding the organization and conduct of doping control, which is elaborated by the Agency, approved by Government decision *), in accordance with the provisions of the Code, of the International Standard for Testing and Investigation and the International Standard for the granting of exemptions for therapeutic use (SUT), issued by the World Anti-Doping Agency. Note
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* *) See Government Decision no. 244/2015 for the approval of the methodological norms on the organization and conduct of doping control, published in the Official Gazette of Romania, Part I, no. 281 of 27 April 2015, with subsequent amendments and completions.
---------- (3) In urgent cases, the President of the Agency may order a doping test. (4) The Agency may conduct doping testing at the request of other anti-doping organizations and international sports structures. (5) The Agency shall recognize, under reciprocity conditions, the tests carried out, the exemptions for therapeutic use granted, as well as the final decisions issued by any signatory of the Code, subject to the right to appeal, which are in accordance with the provisions Code, under the law. + Article 32 (1) The Agency may test any athlete in competition and out of competition, in accordance with the legal provisions, wherever and at any time, including athletes in a period of suspension. (. The national record may be approved only after the doping testing of the athlete concerned, immediately after its registration. (3) The target tests and those outside the competition can be carried out at any time, without prior notice, at the nearest doping control station, at the athlete's accommodation places during the training period, in all places and premises where the carry out physical and sports activities or at the athlete's home, and he has the obligation to submit to these tests. (4) During the international competitions that take place on the territory of Romania, the testing authority is the organization under the coordination of which the sports event is organized. (5) The Agency may carry out tests at an international competition held on the territory of Romania, with the approval of the international organization, according to ((4), and, in the event of its refusal, may be addressed to the World Anti-Doping Agency, in order to be authorized in this regard. (6) Decision of the World Anti-Doping Agency in connection with the provisions of para. ((5) is final. (7) In the authorization issued, if not provided otherwise, the testing will be done outside the competition. (8) At national competitions the testing authority shall be the Agency. (9) Unless otherwise provided for in the regulation of national or international competition, the management of the test results will return to the anti-doping organization conducting the testing (10) At a national competition the Agency may be required by another anti-doping organisation to carry out tests. In the event of refusal, paragraph 1 shall apply. ((5)-(7). (11) An international federation or an organizer of an international competition held on the territory of Romania may delegate or entrust, by contract, any part of the doping control procedure to the Agency. (12) Under the conditions provided in par. (11), the Agency may carry out additional tests and request an accredited laboratory of the World Anti-Doping Agency for additional types of analysis, from its own budget, with a prior notification of the organizer. + Article 33 (1) The doping testing in competition shall be carried out in appropriate spaces called "doping control station", organized according to the methodological norms on the organization and conduct of doping control. (2) In exceptional cases, the doping control station can be arranged in a space provided by the organizer of the competition. + Article 34 The doping tests may be carried out by the doping control officers as well as by the staff within the Agency empowered to do so by its President. + Article 35 ((1) The responsibility for the collection and transport of samples to the laboratory belongs to the Agency or the doping control officer who carried them, as the case may be. ((2) The samples collected from the athletes are owned by the testing authority responsible for the respective sampling session. (3) The testing authority may transfer ownership of the evidence to the results management authority or another anti-doping organisation upon request. + Chapter VI Managing results + Article 36 (1) The analysis of biological samples shall be carried out by a doping control laboratory, accredited or approved by the World Anti-Doping Agency. (2) The anti-doping organization responsible for managing the results establishes the laboratory accredited or approved by the World Anti-Doping Agency for the analysis of samples. (. The result of the laboratory analysis shall be issued in the form of an analysis report to the President of the Agency. (. In the case of a positive result, the Agency shall verify that one of the following situations has occurred: a) an exemption for therapeutic use (SUT) has been granted or is to be granted; b) there is a suspicion regarding the violation of the provisions of the International Standard for testing and investigations or the International Standard for laboratories, to refute the validity of the positive result found. (5) Before informing the athlete or the person, in the event of a violation of anti-doping regulations, the Agency, through the ADAMS system and through consultation with the World Anti-Doping Agency and other anti-doping organizations, verify that the person concerned committed another violation of anti-doping regulations. (6) If the verification does not highlight one of the situations provided in par. (4), the Agency informs the athlete concerned and the responsible national sports federation, the Ministry of Youth and Sports, the Romanian Olympic and Sports Committee, the responsible international federation and the World Anti-Doping Agency on: a) the result found; b) broken anti-doping regulations; c) the right of the athlete to request, in writing, within 48 hours from the notification, the analysis of the B sample, as well as the chosen period, and if he refuses to lose this right; d) the place where the analysis of the B sample is carried out, and the periods communicated by the laboratory in this regard e) the right of the athlete to request, for a fee, the package of documents for samples A and B; f) the right of the athlete to accept in writing the provisional suspension until the organization of the hearing, except for the situations provided in art. 50 50 para. ((1); g) the right to be present in person or through the representative in the analysis of the B sample, if requested; h) the right of the athlete or his assistant staff to waive the hearing, either expressly or when he does not contest the Agency's charge relating to the fact that there has been a violation of anti-doping regulations, within 10 days of receiving notification. (7) If one of the situations referred to in par. (4) and the Agency decides not to submit the positive result as a violation of anti-doping regulations, will notify the athlete, the national federation, the international federation, the Romanian Olympic and Sports Committee and the World Anti-Doping Agency. (8) In the case of an atypical result, the Agency shall verify that one of the following situations has occurred: a) an exemption for therapeutic use has been or will be granted, in accordance with the International Standard for the granting of exemptions for therapeutic use (SUT); b) there is a suspicion regarding the violation of the provisions of the International Standard for testing and investigations or the International Standard for laboratories, to refute the validity of the atypical result found. (9) If the verification does not highlight one of the situations provided in par. (8), the Agency shall carry out the necessary subsequent investigations, according to the provisions of the International Standard for laboratories, to determine whether the atypical result will be submitted or not as a positive result. (10) After the conclusion of the investigations referred to in (9), the Agency informs the athlete concerned and the responsible national sports federation, the Ministry of Youth and Sports, the Romanian Olympic and Sports Committee, the responsible international federation and the World Anti-Doping Agency if the atypical result will be submitted as a positive result, in compliance with the provisions of para. ((6). (11) The Agency has no obligation to inform about an atypical result until the conclusion of the investigations provided in par. (9) and the decision to submit the atypical result as a positive result, with the exception of the following situations: a) if the Agency determines that the performance of the counterexpertise is necessary before the conclusion of the investigations provided in par. (9), a situation in which it decides to perform it after informing the athlete about the atypical result found, in compliance with the provisions of art. 37 37 para. ((2) lit. b); b) if the Agency receives a request in this respect, either from an organiser of a major sporting event, shortly before a sporting event, or at the initiative or from a sports organization that has responsibility to meet a deadline for the selection of members of a team for a sports event, only after informing the athlete about the atypical result found. (12) The investigation of the atypical or positive result, in the case of the biological passport of the athlete, will be done according to the International Standard for laboratories, and the management procedure will be provided in the methodological norms on the organization and conduct doping control. + Article 37 (1) The Agency may request sample B as the athlete has lost this right. (2) Under the conditions provided in par. ((1), the Agency shall inform the athlete of: a) date, time and place of proof B; b) the right of the athlete and/or his representative to be present at the opening and analysis of the B sample, in accordance with the International Standard for laboratories. + Article 38 At the opening and analysis of sample B may assist, in accordance with the International Standard for laboratories, in addition to the athlete and/or his representative, the representative of the Agency or the results management authority, the Olympic Committee and Romanian sportsman, national sports federation, international sports federation and, as the case may be, a translator, with the opinion of the Agency. + Article 39 In case of violations of anti-doping regulations provided in art. 2 2 para. (2), which do not involve the analysis of biological samples, the Agency shall verify the circumstances in which the possible violation of anti-doping regulations was committed and inform the athlete or person concerned, the responsible national sports federation, The Ministry of Youth and Sports, the Romanian Olympic and Sports Committee, the responsible international federation and the World Anti-Doping Agency on: a) anti-doping regulation possibly violated; b) the term in which they must file a declaration on the possible violation of anti-doping regulations; c) the rights of the athlete or the accused person during the hearing procedure. + Article 40 The investigation of the violation of the rules regarding the obligation to provide the location information and to undergo doping testing will be done according to the International Standard for testing and investigations and will be approved by Government decision. + Article 41 If the athlete or person within the assistant staff, who is suspected/suspected of one of the violations provided in art. 2 2 para. ((2), shall withdraw from the sports activity before the beginning or during the procedures provided for in this Chapter, the Agency may decide to continue them. + Article 42 The national responsibility of the management of the results and hearings for the sport and/or its assistant staff lies with the Agency. + Article 43 Based on art. 32 32 para. (12), the managing authority of the results shall be the Agency, in the case of additional tests, and the organiser of the international competition, if a laboratory is required only to carry out further tests. + Article 44 (1) In the event of a doping testing or an infringement of anti-doping regulations initiated and/or discovered by the World Anti-Doping Agency, the results management and hearing procedure will be provided by the anti-doping organization designated by World Anti-Doping Agency. (2) Managing the results and hearing procedure for a doping control and/or for a violation of anti-doping regulations initiated and/or discovered by the International Olympic Committee or the International Paralympic Committee or by a organization that responds to a major competition return to the international specialized federation, according to the Code. + Article 45 (1) Managing the results on the facts that would lead to the violation of the provisions of art 2 2 para. ((2) lit. d) will be provided by the international specialized federation or the national anti-doping organization to which the athlete provides location information, in accordance with the International Standard for Testing and Investigation. (2) The requirements regarding location information will be provided in the methodological norms regarding the organization and conduct of doping control, approved by Government decision *). Note
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* *) See Government Decision no. 244/2015 , with subsequent amendments and completions.
---------- (3) Procedure for the management of non-compliance with the regulations in force relating to the availability of the athlete for doping testing outside the competition, including the failure by the athlete to provide information on its location, as well as the regulations on unperformed tests and the appeal of the decisions of the Agency issued on them, shall be established by the methodological norms provided in par. ((2). + Article 46 No proceedings regarding the violation of an anti-doping regulation will be able to be initiated against a sportsman or another person before he/she is notified of the violation of the anti-doping regulation in question, in compliance with art. 36 36 para. ((6), within a period of 10 years from the date on which that infringement is deemed to have occurred. + Chapter VII Hearing + Article 47 (1) The Commission for the Hearing of Athletes and the Assistant Staff of Athletes who have violated anti-doping regulations, hereinafter referred to as the Hearing Commission, shall hold a hearing procedure for the athlete or his assistant staff, accused of one of the violations provided in art. 2 2 para. ((2). (. The hearing procedure shall be conducted in compliance with the following principles: a) organization of the hearing within a reasonable time, in compliance with par. ((3); b) a fair and impartial hearing committee; c) the right to be represented at the person's expense; d) the right to be informed correctly and in time about the accusation against the violation of anti-doping regulations; e) the right to defend itself in the face of the accusation against the violation of anti-doping regulations and to the consequences arising therefrom; f) the right of each party to present evidence, to call and interrogate witnesses, acceptance of the testimony in the form of the written declaration being at the discretion of the Hearing Commission; g) the person's right to an interpreter during the hearing, the Hearing Board having the responsibility to designate him, the person to bear the costs; h) the right to a decision in written form, motivated, dated and communicated in a reasonable time or, when the athlete gives up the hearing, a reasoned decision that will explain the action taken. ((3) The hearing will take place expeditiously, without exceeding 3 months after the end of the results management process. VI. (. The President of the Agency may decide to hold an emergency hearing procedure where the circumstances so require. + Article 48 If the Hearing Commission considers it necessary to present at the hearing persons other than the athlete or person of the assistant staff of the athlete concerned, they are required to appear in the place, day and time communicated, having the obligation to declare everything that I know about the possible violation of anti-doping regulations. + Article 49 Allegations of violations of anti-doping regulations made against international and national level athlete may be the subject of a single hearing before the Court of Arbitration of Sport without the obligation of a preliminary hearing on the basis of the consent of the athlete, the Agency, the World Anti-Doping Agency, as well as any other anti-doping organization that would have the right to appeal against a judgment in the first instance. + Article 50 (1) The provisional suspension of a sportsman, on the basis of a positive result of the A sample for non-specific substances or for the use of a prohibited method, is mandatory. (2) Provisional suspension, according to par. (1), cannot be ordered without being granted to the athlete concerned the right to a provisional hearing before the imposition of the provisional suspension or immediately after its imposition or the right to an emergency hearing, according to art. 47 47 para. ((4), immediately after the imposition of provisional suspension. (. The period of provisional suspension shall not be compulsory in the case of a specific substance. (4) If the athlete proves, at the hearing meeting, organized according to par. (2), that the positive result is caused by the use of a contaminated product, the provisional suspension period may be eliminated. (5) Against the decision of the Hearing Commission, taken under par. ((4), no appeal can be made. + Article 51 If the athlete or person within the assistant staff of the athlete, who is suspected/suspected of one of the violations provided in art. 2 2 para. ((2), shall withdraw from the sports activity prior to the commencement or during the results management procedure, the Agency shall complete this process. + Article 52 The Agency will notify all entities referred to in art. 74 74 para. (1) in connection with decisions relating to the fact that the infringement did not take place, the imposition of a decision of voluntary provisional suspension, as well as the acceptance by the athlete or persons within his assistant staff of a sanctions, without going through the hearing procedure. + Article 53 Decisions on violations of anti-doping regulations, in accordance with art. 50, 52, art. 61 61 para. ((6), art. 64 64 and 66, taken in accordance with art. 47 47 para. (2), shall include all the reasons for the decision, including, where appropriate, the reasons for the option not to impose the most severe penalty. + Article 54 The anti-doping organization with the right to appeal, regarding a decision received in accordance with the provisions of art. 52, may request, within 15 days of receipt of the decision, a copy of the file. + Chapter VIII Privacy and reporting + Article 55 (1) The identity of the athlete or his assistant staff, who is suspected of one of the violations provided in art. 2 2 para. (2), shall be made public by the Agency, after their notification, in accordance with art. 36 36 para. ((6) and (10). (2) Within 20 days from the delivery of the decision of the Hearing Commission, subject to the call according to art. 73, or from the date on which the appeal procedure was dropped or the hearing was dropped, in accordance with art. 36 36 para. ((6) lit. h), the Agency must make the decision public. (3) The Agency must report to the public, within 20 days, the decisions of the Board of Appeal on infringements of anti-doping regulations. (4) The identity of the athletes or their assistant staff who, after the final settlement of the case, have not been found guilty of one or more violations of the anti-doping regulations provided for in art. 2 2 para. ((2), may be made public only with their written consent. (5) Information made public according to par. ((1)-(3) are presented and kept during the suspension period, but not less than one year, and on the website of the Agency and responsible national sports federations, where they exist. (6) By exception to the provisions of par. ((1) and (4), the President of the Agency or, failing that, his replacement may make public comments about a pending case, if they are necessary in response to public comments by athletes or assistant staff in the Cause. (7) Mandatory public information, provided in par. ((2) and (3), it is not necessary if the athlete or other person is a minor. + Chapter IX Sanctions + Article 56 (1) Any violation provided in art. 2 2 para. (2) committed by the athlete during or in connection with a sports event and/or a sports competition, proven according to the procedure provided by this law, attracts by right the disqualification, invalidation of the individual results obtained in that competition and the withdrawal of the medal, points or prizes. ((2) In addition to the automatic invalidation of the results obtained in the contest within which the positive test was collected, by the effects of par. (1), all other results obtained from the date of sampling positive or the commission of another violation of anti-doping regulations will be invalidated, with all consequences resulting from it, including the withdrawal of medals, points and prizes. (3) If the athlete proves the lack of significant guilt or negligence in relation to the violations provided in par. (1), the athlete's individual results in the other competitions will not be disqualified unless the athlete's results in competition, other than the one in which the violation of anti-doping regulations occurred, could have been affected by the violation by the sportsman of the provisions of 2 2 para. ((2). (4) A violation of anti-doping regulations in an individual sport, occurred during a testing in competition, automatically leads to the disqualification of individual results obtained in that competition, with all consequences arising from here, including withdrawal of medals, points or prizes. (5) In addition to the automatic disqualification of the results obtained in the competition within which the positive test was taken, by applying paragraph (4), all other results obtained by the athlete starting with the date of sampling positive or with the date of committing any other violation of the provisions of art. 2 2 para. ((2) lit. b)-j) and until the start date of the period of provisional suspension or suspension will be disqualified, with all consequences resulting from it, including the withdrawal of medals, points and prizes, unless the principle of equity will impose another settlement. + Article 57 The facts provided in art. 2 2 para. ((2) lit. a), b) and f) shall be sanctioned with suspension from sports activity for a period of 4 years, when the provisions of art. 63 63, 64 or 67, as follows: a) when the violation of anti-doping regulations does not involve a specific substance and whether the athlete or other person cannot prove that the violation occurred without intent; b) when the violation of anti-doping regulation involves a specific substance, and the Agency may prove that it was done with intent; c) if they are not applicable a) and b), the suspension period will be 2 years. + Article 58 (1) Suspension period for violation of anti-doping regulations, other than those provided in art. 57, if the provisions of art. 65 65 and 67, shall be sanctioned as follows: a) for violation of art. 2 2 para. ((2) lit. c) and e), the suspension period is 4 years; b) if the athlete proves that the non-submission for biological sampling was without intention, the suspension period is 2 years. (2) For the violations provided in art. 2 2 para. ((2) lit. d), the suspension period will be 2 years, with the possibility of reducing it to a minimum period of one year, depending on the degree of guilt of the athlete. (3) The individualization of the sanction of suspension from sports activity between a year and 2 years does not apply to athletes with a history of modification of last minute location information or similar conduct of the athlete who generates a Serious suspicion of testing the avoidance of the test procedure. (4) For violation of art. 2 2 para. ((2) lit. g) or h), the suspension period will be at least 4 years, going until the suspension for life, relative to the gravity of the violation. (5) The violations provided in art. 2 2 para. ((2) lit. g) or h), committed by a person within the assistant staff of the athlete, with the involvement of a minor athlete, when it does not involve a specific substance, is sanctioned directly with the suspension for life from sports activity. (6) For violation of art. 2 2 para. ((2) lit. i), the suspension period will be at least 2 years, going up to 4 years, depending on the gravity of the violation. (7) For violation of art. 2 2 para. ((2) lit. j), the suspension period will be a maximum of 2 years, with the possibility of reducing to a minimum of one year, depending on the degree of guilt of the athlete or other person. (8) Violation of art. 2 2 para. ((2) lit. g) and h), which may also constitute violations of other legal regulations in force, is reported to the competent professional and judicial authorities. + Article 59 Penalty of the assistant staff applied for the violations of anti-doping regulations provided in art. 2 2 para. ((2) lit. g) and h) will be higher than the sanction applied to athletes declared positive to doping control. + Article 60 (1) The suspension period shall begin from the date of issue of the final suspension decision, following the hearing or if the hearing is waived, from the date on which the suspension is accepted. (2) In case of delay of delivery of the suspension decision, for reasons not attributable to the athlete or other person, the suspension period may start at an earlier date, at the earliest from the date of sampling or from the date on which he already had place another violation of anti-doping regulations. (3) Under the conditions under which the provisions of par. (2), all the competitive results obtained during the suspension period will be disqualified. (4) If the athlete or another person promptly recognizes the violation of anti-doping regulations, after the Agency has communicated the violation, the suspension period may start from the date of sampling or from the date on which an other violation of anti-doping regulations, other than that provided in art. 2 2 para. ((2) lit. a). (5) In the case provided in par. (4), the athlete or other person must remain suspended/suspended at least half of the suspension period, starting with the date from which he/she accepted the application of the sanction, from the date of issue of the decision of the hearing committee, by which sanction has been imposed, or from the date on which the sanction is thus applied. (6) The provisions of this Article do not apply when the suspension period has already been reduced, according to art. 67. (7) The duration of the provisional suspension shall be deducted from the period of suspension imposed by a final decision, if the provisional suspension is applied and complied with. (8) The athlete or person who voluntarily accepts, in writing, the provisional suspension from an anti-doping organization with authority in the management of the results will be deducted the duration of the period of provisional suspension from the period of suspension applied by a final decision. (9) The period of time before the start of the period of provisional suspension or voluntary suspension shall not be deducted from the period of suspension imposed by a final decision. (10) In team sports, in situations where a suspension is imposed on the team, the suspension period will begin from the date of the final decision or, if the hearing was dropped, with the date on which the suspension was accepted. + Article 61 (1) During the period of suspension, the athlete or other person may not participate in any competition or activity authorized or organized by a signatory organization of the Code. (2) The athlete or another person, during the suspension period, cannot have any quality within a sports structure signatory to the Code, cannot have any contractual relationship and cannot volunteer for it. (3) As an exception to the provisions of par. ((1) and (2), the athlete may return only to train or to use the facilities, during the shorter period between: a) the last remaining two months of the suspension period; b) the last quarter of the suspension period. (4) During the period of suspension, the athlete remains available for testing and has the obligation to communicate information on location. (5) The decision on the infringement of the provisions of paragraph ((1) and (2) is adopted by the anti-doping organization whose management of anti-doping results has led to the application of the suspension period. (6) If the decision adopted according to par. (5) establishes that a violation of the provisions of paragraph has occurred. ((1) and (2), the results will be disqualified and the suspension period initially applied will begin to run again from the date of violation of the ban. (7) 58 58 para. (6) are also applicable to the assistant staff of the athlete who helps the athlete to violate the prohibition of participation during the suspension period, in any of the modalities provided in art. 2 2 para. ((2) lit. i). The sanction applies to the anti-doping organization that has the athlete's assistant staff in its jurisdiction. (8) The suspension period granted under the conditions of par. ((6) and (7) may be reduced depending on the degree of guilt and other circumstances regarding the case. (9) During the suspension period, the financial support provided by the signatories and the member organizations of the signatories, with the exception of anti-doping violations involving a reduced penalty for specific substances, shall be withdrawn, in part or in total. (10) A sportsman or other person within the athlete's assistant staff, suspended for a period of more than 4 years, after the 4-year suspension period has elapsed may participate in local sports competitions, which are not under the jurisdiction of a signatory of the Code, only if that competition does not qualify it directly or indirectly in order to participate in a national championship or international sports event. + Article 62 (1) When more than one member of a sports team has violated or is susceptible to the commission of one of the violations provided for in art. 2 2 para. (2) in connection with a sports event, the team will be subject to the target tests established for that sporting event. (2) If more than 2 members of a sports team are found guilty of one of the violations provided in art. 2 2 para. (2) during a sports event, the organizer of the competition, in addition to the sanction applied individually to the athletes involved, will sanction that team with the disqualification and loss of points or with any other sanctions provided by regulations in force. (3) In respect of those sports disciplines that do not provide for the existence of teams, but the award is granted to them, disqualification or any other disciplinary action taken against the team, when one or more of its members committed a violation provided in art. 2 2 para. (2), the regulations of the respective international federation will apply. + Chapter X Elimination, reduction or freezing of the suspension period + Article 63 If a sportsman or other person can demonstrate, in a particular case, that his guilt or negligence cannot be imputed to him, the suspension period will be eliminated. + Article 64 The reduction of the suspension period on the basis of lack of significant guilt or negligence shall apply in the following situations: a) for the specific substance or contaminated products, for the situations referred to in art. 2 2 para. ((2) lit. a), b) and f); b) if the athlete or another person proves the lack of significant guilt or negligence in relation to a specific substance or contaminated product, the sanction will be at least a reprimand, going up to 2 years of suspension from sports activity, depending on the degree of guilt. + Article 65 (1) The lack of significant guilt or negligence cannot be retained in relation to the provisions of art. 2 2 para. ((2) lit. e), g), h) and i), the sanction settling according to the degree of guilt. (2) For the facts provided in art. 2 2 para. ((2) lit. c), d) and j), in case of lack of significant guilt or negligence, the suspension period may be reduced, but will not be less than the half of the suspension period applied. + Article 66 (1) If a sportsman acknowledges from his own initiative the commission of the act provided for in art. 2 2 para. ((2) lit. a), before receiving the invitation for sampling, this recognition being the only proof of the violation at the time of recognition, the suspension period may be reduced, but it will not be less than half of the period of otherwise applied suspension. (2) If a sportsman or a person acknowledges from his own initiative that he has committed an act provided for in art. 2 2 para. ((2) lit. b)-h), before receiving the notification according to art. 39, this recognition being the only evidence of the violation at that time, the suspension period may be reduced, but it will not be less than half of the suspension period thus applied. + Article 67 (1) If the athlete or other person within the assistant staff of the athlete grants substantial support in the discovery and/or proof of a violation provided in art. 2 2 para. (2), committed by another person, the Hearing Commission may, prior to the issue of a final decision, subject to appeal, or during the period in which it may be formulated, freeze no more than 3/4 of the otherwise applicable period, with the approval of the Agency World Anti-Doping and the international sports federation specialized. (2) If the athlete or other person within the athlete's assistant staff ceases the cooperation and substantial support provision on which the freeze period freeze was initially substantiated, the Hearing Commission revokes the freeze measure. period of suspension. (3) The measure provided in par. (2) may be challenged in accordance with the provisions of art. 73. + Article 68 (1) In order to encourage athletes and other persons to provide relevant support to the Agency, at its request, the World Anti-Doping Agency may give its consent at any stage of management of the results, including after a final decision challenged according to art 73, regarding the freezing of a period of suspension or the suspension of other consequences imposed on the athlete or other person who committed or is alleged to have committed a violation of the regulations of art. 2 2 para. ((2). (2) In exceptional circumstances, the World Anti-Doping Agency may give its consent to the freezing of a suspension period or to suspend other sanctions, for a period longer than that provided for in art. 67 67 para. ((1), for the elimination of the suspension period and/or the cancellation of the cash prize withdrawal measure or the measure of application of fines. ((3) Decisions taken by the World Anti-Doping Agency, regarding the provisions provided in par. ((1) and (2), cannot be called. + Article 69 (1) If the Agency freezes part of an otherwise applicable sanction, it shall submit a written justification of the decision to the entities referred to in art. 74 74 para. ((1), in accordance with the provisions of art. 53. (2) In exceptional circumstances, the World Anti-Doping Agency may authorise the Agency to conclude confidentiality agreements that limit the publication of the completed arrangements in order to provide substantial support or information on its nature. + Article 70 (1) If a sportsman or another person within the assistant staff of the athlete proves that he has the right to reduce a sanction, being incidental to the provisions of art. 63, 64, art. 65 65 para. ((2), art. 66 66 and art. 67 67 para. (1), before the application of the reduction or freezing of the sanction, the applicable suspension period will be determined according to art. 57, 58, 63 and 64. (2) The suspension period may be reduced or frozen, but not below the threshold of 1/4 of the otherwise applicable suspension period. + Article 71 The athlete or person within the assistant staff of the athlete who could be the subject of a suspension, for a period of 4 years, for violating the anti-doping regulations provided in art. 2 2 para. ((2) lit. a) and c), if he immediately admits the violation of the anti-doping regulations of which he is declared guilty, he can benefit from a reduction of the suspension period up to a maximum of 2 years, depending on the degree of guilt, with the consent of the World Agency Anti-Doping. + Chapter XI Regulations for cases of repeated infringements + Article 72 (1) The period of suspension in the event of the commission of a second violation of anti-doping regulations will be the longest period of the following: a) 6 months; b) half of the period imposed for the first violation, without taking into account the situations provided in art. 66 66, art. 67 67 para. ((1), art. 68 68 and 70; c) double the suspension period applicable for the second infringement, as if it were a first infringement; d) the suspension period established according to par. ((1) may be reduced by application of art. 68. (2) A third violation of anti-doping regulations will always determine the suspension for life, except in situations where the application of art. 2 2 para. ((2) lit. d), art. 63 and 64, when the suspension will be 8 years. ((3) In case of application of the sanctions provided for in 57-59, a new violation provided in art. 2 2 para. (2) will be taken into account by the Agency for the application of sanctions only if the athlete or another person among his assistant staff has committed this new violation after being notified of the first. (4) If the Agency cannot determine this, both the first and the second infringement will be considered as one and the most serious penalty will apply. (5) If, after making a decision in the event of a first violation of anti-doping regulations, the Agency discovers a new violation of anti-doping regulations by the athlete or other person within the assistant staff of the it, which took place prior to the notice of the first infringement, the Hearing Commission will apply an additional penalty, on the basis of the penalty which could have been applied if the two breaches had been adjudicated at the same time. (6) The athlete will be disqualified at all competitions held, starting with the date of the first violation, the results obtained by the athlete in competitions being invalidated. (7) A violation of an anti-doping regulation for which the athlete or another person may prove the lack of guilt or negligence will not constitute a violation of the provisions of this article. (8) Violations of anti-doping regulations must take place over a period of 10 years to be considered multiple violations. + Chapter XII Calls + Article 73 The following decisions may be challenged: a) decisions of the Commission for the hearing of athletes and assistant staff of athletes who have violated anti-doping regulations, regarding the violations of the provisions of art. 2 2; b) decisions taken according to art. 61 61 para. ((5), (6) and (8); c) the Agency's decision not to present a positive result or an atypical result as a violation of anti-doping regulations, according to art. 36 36 para. ((4) and (8); d) the decision not to act in the event of a violation of anti-doping regulations, after an investigation according to art. 39 39; e) the decision of provisional suspension ordered, according to art. 50 50 para. ((1); f) the decisions of the Commission concerning the granting or non-granting of exemptions for therapeutic use, in accordance with Article 21 21; g) the decision of the World Anti-Doping Agency not to grant an exemption from the obligation imposed on a sportsman to announce his return to the competitive activity by 6 months in advance; h) the decision of the World Anti-Doping Agency to designate the liability for the management of the results, in case of a dispute between the Agency and another anti-doping organization; i) the decision not to impose a provisional suspension, as a result of a provisional hearing or as a result of the fact that the Agency did not comply with the provisions of art. 50 50 para. ((2); j) decision issued in accordance with the provisions of art. 67 67; k) the decision of the Agency not to recognize a decision adopted by another organization, according to the provisions of art. 31 31 para. ((5); l) decisions issued regarding the non-completion of the management of cases of violations of anti-doping regulations for procedural reasons or as a result of the intervention of the prescription. + Article 74 (1) Decisions provided for in art. 73 lit. a)-g) and i)-l), taken in connection with a competition within a national sporting event or involving national-level athletes, may be challenged at the Board of Appeal, within 21 days from the date of communication, by the following persons: a) national or other national athletes who are subject to the contested decision; b) the sports structure to which the athlete belongs or the other party in relation to which the contested decision was taken; c) the responsible international federation, the International Olympic Committee, the International Paralympic Committee; d) the anti-doping organization of the country of domicile of the person/athlete; e) Agency; f) World Anti-Doping Agency. (2) Decisions provided for in art. 73 lit. h) can be challenged at the Court of Arbitration for Sport in Lausanne, hereinafter referred to as CAS, within 7 days from the date of communication, only by the anti-doping organizations including the dispute over the liability regarding the management doping test results. (3) Decisions provided for in art. 73 lit. i) may be challenged at the CAS, by the World Anti-Doping Agency, within 21 days of the last day on which any party could have appealed or within 21 days of receipt by this of the complete file relating to the case Settled. (4) Anti-doping organizations with the right to appeal, according to the provisions of par. ((1) lit. b)-f), may request, within 15 days from the communication of the decision, a copy of the complete file on the basis of which the decision was issued. + Article 75 (1) Procedure for the resolution of appeals provided for in art. 73 takes place within the Board of Appeal, in compliance with the following rights: a) the right to a timely, fair, impartial and independent hearing; b) the right to be represented at its expense; c) the right to a decision in written form, reasoned, dated and communicated in reasonable time. (2) Decisions provided for in art. 73 lit. a)-h) and j)-k) can be challenged by the World Anti-Doping Agency directly at CAS, which is not obliged to go through the remedies in the jurisdiction of the Agency, CAS judging the case in all aspects. + Article 76 ((. Decisions of the Board of Appeal may be challenged at the CAS only by the entities referred to in art. 74 74 para. ((1) lit. c) and f), within 21 days from the date of communication. (2) The World Anti-Doping Agency may challenge the decisions of the Board of Appeal at CAS within 21 days of the last day on which any party could have appealed or within 21 days of its receipt of the complete file relating to the The case is settled. + Article 77 ((1) Decisions of the Hearing Commission referred to in art. 73 lit. a)-g) and i)-l), taken in connection with the international athlete or other person, may be challenged exclusively at CAS, within 21 days from the date of communication, by: a) the international athlete or other person who is the subject of the contested decision; b) the sports structure to which the athlete belongs; c) the responsible international federation, the International Olympic Committee, the International Paralympic Committee; d) the anti-doping organization of the country of domicile of the person/athlete; e) Agency. (2) The World Anti-Doping Agency may appeal against the decisions provided in par. ((1) exclusively at CAS, within 21 days of the last day on which any party could have appealed to CAS or within 21 days of its receipt of the complete file on the settled case. + Article 78 Decisions referred to in art. 73 lit. e) can be challenged directly to CAS only by international athletes against whom the sanction of provisional suspension has been imposed. + Article 79 (1) If the Commission for the hearing of athletes and the assistant staff of athletes who have violated the anti-doping regulations, within the hearing procedure, does not issue a decision within the period provided for in art. 47 47 para. (3), the World Anti-Doping Agency can appeal to CAS. (2) If the CAS determines that a violation of anti-doping regulations has been committed and that the World Anti-Doping Agency has acted correctly in choosing to appeal, the expenses incurred by the World Anti-Doping Agency in the resolution of the appeal will be borne by the Agency. + Article 80 The contested decisions retain their effects during the course of the appeal procedure, unless the Appellate Commission or CAS decides to suspend them. + Article 81 The agency will communicate the decision received from the Board of Appeal to the athlete or other person within the assistant staff of the athlete or any organization that would have had the right to appeal. + Article 82 The Board of Appeal shall resolve the case in all matters and shall not be limited to the elements, grounds or purpose of the review of the first instance. + Article 83 (1) When the World Anti-Doping Agency has the right to contest and no other party has filed an appeal against the decisions provided for in art. 73 lit. a)-d), f)-h) and i)-l) within the framework of the anti-doping organization procedure according to art. 74 74 para. (1), the World Anti-Doping Agency can appeal against such a decision directly to CAS. (2) Provisions of para. (1) do not exclude the appeal of decisions by the World Anti-Doping Agency to the Board of Appeal. + Chapter XIII Obligations of national sports structures and of the Romanian Olympic and Sports Committee + Article 84 (1) National sports federations are required to modify and complete statutes and regulations in accordance with the provisions of this law, the Code, the regulations of international sports federations and the methodological norms regarding organization and conduct of doping control. (2) National sports federations, clubs, professional leagues or the Federation of School and University Sports have the obligation to bear the costs of laboratory tests in case of a positive result. + Article 85 (. National sports federations and any other organiser of a competition shall be required to designate a person to ensure: a) the space necessary to organize the doping control station according to art. 33 33 para. ((2); b) hydration of athletes in the doping control station, according to the International Standard for Testing and Investigation. (. By way of derogation from paragraph 1. (1), in the case of competitions organized for team sports that take place during several stages, the obligation provided in par. (1) returns to host sports clubs. + Article 86 (. National sports federations shall be obliged to communicate to the Agency, within the time limit laid down therein, detailed information on the domestic and international sports calendar, as well as the plans for the preparation of their teams and athletes, specifying exact places and hours, as well as the list of national/international athletes designated by the Agency and their addresses. (2) National sports federations are required to communicate to the Agency, at least 5 days before, any change in the sports calendar or in the preparation plan. (3) National sports federations, clubs, leagues, the School and University Sports Federation and the Romanian Olympic and Sports Committee have the obligation to designate a person responsible for anti-doping activity. + Article 87 Sports clubs, professional leagues and the Romanian Olympic and Sports Committee have the obligation to comply with the provisions of art. 84 84 and 86. + Article 88 (1) In order to protect the health of athletes and to prevent doping in sport, national sports federations, sports clubs and professional leagues are required to provide in their annual budget amounts intended for doping testing of athletes, as well as educating them. (2) Failure to comply with par. (1) constitutes a contravention and is sanctioned with a fine of 10,000 lei to 30,000 lei. (3) In order to protect the health of athletes and prevent doping in sport, national sports federations, sports clubs, professional leagues and assistant staff of athletes are required to carry out anti-doping education programs. + Article 89 (1) The implementation of the sanctions of athletes or assistant personnel of athletes lies with the federations, clubs or leagues, in accordance with the provisions of this law, as well as of the international regulations in force. (2) Failure by the federations, clubs, leagues or the Federation of School and University Sports of the obligations provided in par. (1), except for the situation provided in art. 90 90 para. (1), constitutes a contravention and is sanctioned with a fine of 5,000 lei to 30,000 lei, the withdrawal of any financial support from the state budget, the temporary suspension of the sports identity certificate or the deletion from the sports register. + Article 90 (1) The introduction of athletes during the period of suspension in competitions or sports events by national sports federations, clubs or professional leagues constitutes contravention and is sanctioned with a fine of 7,500 lei to 30,000 lei, as well as the withdrawal of any financial support from the state budget, the temporary suspension of the sports identity certificate or the deletion from the sports register. (2) The designation to be subject to doping testing of a person who does not have the quality of sports constitutes contravention and is sanctioned with a fine of 5,000 lei to 30,000 lei. + Article 91 (1) Sports clubs and professional leagues where persons were sanctioned for doping shall be sanctioned with contravention fine from 5,000 lei to 30,000 lei. (2) Failure to comply with art. 48 constitutes contravention and is sanctioned with a fine of 1,500 lei to 2,500 lei. (3) Failure to comply with art. 85 constitutes contravention and is sanctioned with a fine of 1,000 lei to 3,000 lei. (4) Failure by the athletes or members of the suspended assistant staff of the provisions of art. 61 61 para. (1) and (2) constitute contravention and are sanctioned with a fine of 5,000 lei to 10,000 lei. (5) Failure to comply with art. 86 constitutes contravention and is sanctioned with a fine of 5,000 lei to 15,000 lei. (6) The determination, by any means, by a person who has authority over the athlete, to the consumption of prohibited substances, in order to increase the performance capacity, constitutes contravention and is sanctioned with a fine from 7,500 lei to 15.000 15.000 lei. (7) It constitutes contravention, if it was not committed under such conditions as to constitute, according to the law, a crime, the violation of anti-doping regulations by the assistant staff of athletes and is sanctioned with contravention fine from 2,000 lei to 6,000 lei. (8) If the act provided in par. (7) was committed by the assistant staff of a minor athlete, is sanctioned contraventionally with a fine of 3,000 lei to 9,000 lei. (9) The athlete who violated the anti-doping regulations, in case of application of the maximum penalty for the act committed, according to this law, will be sanctioned with a fine of 1,000 lei to 3,000 lei, depending on the period of suspension applied. (10) The finding of contraventions and the application of sanctions shall be made by the personnel of the Agency. + Article 92 (1) The offender may pay, on the spot or within no more than 48 hours from the date of conclusion of the minutes, or, as the case may be, from the date of its communication, half of the minimum fine provided for in art. 88 88 para. ((2), art. 89 89 para. ((2), art. 90 90 and 91, the finding agent making mention of this possibility in the minutes. (2) Contraventions provided in art. 88 88 para. ((2), art. 89 89 para. ((2), art. 90 and 91 are applicable to the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. ((3) By way of derogation from provisions Government Ordinance no. 2/2001 , approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, the fines imposed on the basis of this law will be collected by the Agency, and the amounts will be used to prevent and combat doping in sport. (4) The allocation of the amounts provided in par. (3) will be regulated by Government decision. + Article 93 If the substances discovered during the control of doping also fall under the incidence Law no. 143/2000 on the prevention and control of illicit drug trafficking and use, republished, with subsequent amendments and completions, or Government Emergency Ordinance no. 121/2006 on the legal regime of drug precursors, approved with amendments by Law no. 186/2007 , as amended, the Agency has the obligation to notify the National Anti-Drug Agency and the prosecution bodies. + Title III Transitional and final provisions + Article 94 (1) For the information and education of personnel involved in sports activities, all institutions of higher education of physical education and sport in the country and the National Center for Training and Improvement of Coaches introduce in the programs of education courses for the presentation of national and international anti-doping regulations, as well as the National Anti-Doping Strategy. (2) Educational institutions will introduce in the extracurricular curriculum anti-doping education and information activities. (3) All professional training providers for sports instructors have the obligation to introduce in the occupational standard anti-doping education courses. + Article 95 (1) Members of the commissions referred to in art. 14 14 para. (1), doping control officers, staff of the Agency empowered to conduct doping testing and personnel of the doping control laboratory do not respond civil or criminal, as the case may be, if the courts find fulfillment or omission their fulfilment, in good faith and without negligence, of any act or fact in connection with the exercise, under the law, of their duties. (2) The costs occasioned by the judicial proceedings initiated against the members of the commissions provided in art. 14 14 para. ((1) shall be borne by each principal authorising officer who has appointed the members to the committees, to be recovered, as the case may be, from the person who has fallen into claims. + Article 96 The management of the Agency and the personnel involved in the doping control will have access to all sports events on the basis of legitimacy, whose model and content *) are established by the methodological norms for the organization and conduct of doping control. Note
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* *) See The National Anti-Doping Agency's President's Order No. 54/2007 for the approval of the model and content of the control card used by persons with powers of finding and sanctioning the contraventions provided by Law no. 227/2006 on the prevention and control of doping in sport, published in the Official Gazette of Romania, Part I, no. 305 305 of 8 May 2007.
---------- + Article 97 (1) Agency staff and doping control officers wear service uniforms with specific markings. (2) The model, the specific signs, the way of granting and the port of uniform are approved by order of the President of the Agency ((3) The financing of the expenses related to the purchase of the service uniforms shall be made from the funds provided in the Agency's budget + Article 98 It is authorized the General Secretariat of the Government to introduce the amendments arising from the application of the provisions of this law in the annexes to the budget approved to this institution, respectively in the annexes on salaries and posts and the fund related to basic salaries, with the opinion of the Ministry of Public Finance, as well as in the budgets of the institutions covered by the + Article 99 In accordance with the normative acts in force, which include references to the National Anti-Doping Agency, the following names are replaced as follows: a) National Anti-Doping Agency with the National Anti-Doping; b) World Anti-Doping Agency with the World Anti-Doping; c) World Anti-Doping Code with the World Anti-Doping Code. + Article 100 Within 30 days from the date of entry into force of this law, by Government decision *), the organizational structure and the organization and functioning regulation of the National Anti-Doping Agency will be approved. Note
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* *) See Government Decision no. 1.522/2006 for the approval of the organizational structure and the Organization and Functioning Regulation of the National Anti-Doping Agency, republished in the Official Gazette of Romania, Part I, no. 41 of 19 January 2010, with subsequent amendments and completions.
---------- + Article 101 The date of entry into force of this Law shall be repealed Law no. 552/2004 on the prevention and control of doping in sport, published in the Official Gazette of Romania, Part I, no. 1.215 1.215 of 17 December 2004. + Article 102 The provisions of this law are completed with the provisions of the World Anti-Doping Code and will be interpreted according to + Article 103 The order of reimbursement of the amounts related to the CAS rulings and the cash prizes withdrawn will be as follows: a) payment of the amounts granted by the CAS decisions; b) reallocation for the benefit of other athletes of the cash prizes withdrawn, if so provided in the regulation of the specialized international federation; c) reimbursement of costs incurred by the anti-doping organisation which carried out the results management in that case. NOTES 1. We reproduce below the provisions art. II and III of Law no. 128/2014 ,, which are not incorporated into the republished text of the Law no. 227/2006 and which continue to apply as own provisions of the Law no. 128/2014 : "" Art. II. -(1) Within 6 months from the date of entry into force of this law, sports facility administrators are required to arrange doping control stations, in accordance with the provisions of art. 25 25 para. ((1) * *) of Law no. 227/2006 on the prevention and control of doping in sport, republished, with the amendments and additions made by this law. (2) Failure to comply with par. (1) constitutes a contravention and is sanctioned with a fine of 1,000 lei to 10,000 lei. Art. III. -The suspension period, in the event of the commission of a second violation of anti-doping regulations, when the first violation was sanctioned before January 1, 2015, will be determined according to art. 48 48 para. ((1) * **) of Law no. 227/2006 , republished, with the amendments and additions made by this law, and with regard to art. 48 48 para. ((1) lit. c) * ***) of Law no. 227/2006 , republished, with the amendments and completions brought by this law, the sanction applicable according to the provisions of this law shall be taken into account. " Note
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** **) Art. 25 para. (1) has become, in the republished form of Law no. 227/2006 ,, art. 33 33 para. ((1).
*** ***) Art. 48 para. (1) has become, in the republished form of Law no. 227/2006 ,, art. 72 72 para. ((1).
**** ****) Art. 48 para. ((1) lit. c) has become, in the republished form of Law no. 227/2006 ,, art. 72 72 para. ((1) lit. c).
---------- 2. We reproduce below the provisions art. II of Law no. 243/2015 ,, which are not incorporated into the republished text of the Law no. 227/2006 and which continue to apply as own provisions of the Law no. 243/2015 : " Art. II. -Throughout the Law no. 227/2006 on the prevention and control of doping in sport, republished, with subsequent amendments and completions, as well as with those brought by this law, the phrase "Research Directorate and laboratory doping control" is replaced by the phrase " Laboratory of doping control ". Throughout the normative act, the word "anti-doping" will be replaced by "anti-doping." " -------