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Law No. 249 Of 14 December 2010 Amendment And Completion Of The Law #. 227/2006 On Preventing And Combating Doping In Sport

Original Language Title:  LEGE nr. 249 din 14 decembrie 2010 pentru modificarea şi completarea Legii nr. 227/2006 privind prevenirea şi combaterea dopajului în sport

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LEGE no. 249 249 of 14 December 2010 to amend and supplement Law no. 227/2006 on the prevention and control of doping in sport
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 857 857 of 21 December 2010



The Romanian Parliament adopts this law + Article I Law no. 227/2006 on the prevention and control of doping in sport, republished in the Official Gazette of Romania, Part I, no. 485 of 14 July 2009, shall be amended and supplemented as follows: 1. In Article 6, a new paragraph (2) is inserted, with the following contents: " (2) In order to exercise the attribution provided in par. ((1) lit. g), the Agency shall pay the dues established by the international governmental and non-governmental organizations, according to their scales. " 2. in Article 13, a new paragraph (2) is inserted, with the following contents: "(2) The tariffs for the training and improvement of doping control officers, as well as the tariffs for testing nutritional supplements shall be established by order of the President of the Agency." 3. in Article 23, after paragraph 4, a new paragraph (5) is inserted, with the following contents: " (5) The Agency recognizes, under reciprocity conditions, the doping 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 consistent with the provisions of the Code, under the law 4. In Article 28 (4), after letter b) a new letter, letter b ^ 1) is inserted, with the following contents: "" b ^ 1) the term in which they must submit a statement on the outcome found; '. 5. In Article 29, the introductory part and letter a) shall be amended and shall read as follows: "" Art. 29. -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 Education, Research, 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; ". 6. In Article 29, after letter a) a new letter, letter a ^ 1) is inserted, with the following contents: "a ^ 1) the term in which it must file a statement on the possible violation of anti-doping regulations;". 7. In Article 31, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 31. -(1) The Agency may order the provisional suspension of a sportsman on the basis of a positive result for a specific substance or on the basis of another possible violation of anti-doping regulations, after the verification and information provided in art. 28 28 para. ((3) and (4), respectively in art. 29. (2) The provisional suspension of a sportsman on the basis of a positive result for a prohibited substance, except for specific substances, is mandatory, after the verification and information provided in art. 28 28 para. ((3) and (4). ' 8. After Article 33, two new articles are inserted, Articles 33 ^ 1 and 33 ^ 2, with the following contents: "" Art. 33 33 ^ 1. -In a situation where the Hearing Commission of athletes and assistant staff of athletes who have violated anti-doping regulations considers it necessary to present persons other than the athlete or person within the hearing. the assistant staff of the athlete concerned, they are obliged to present themselves in the place, day and time communicated, having the obligation to declare everything they know about the possible violation of anti-doping regulations. Art. 33 ^ 2. -The facts established by a final and irrevocable judgment or by a decision of a professional disciplinary committee in the field not subject to an appeal represent evidence against the athlete or other person within the scope of the the assistant staff who have committed those acts, to the extent that the persons concerned do not prove that those legal acts violate the principles of justice. ' 9. Article 42 (4) shall be repealed. 10. In Article 44, a new paragraph (2) is inserted, with the following contents: " (2) No action will be able to be started against any athlete or other person within the assistant staff for a violation of an anti-doping regulation after the expiry of the period provided in par. ((1). ' 11. After Article 48, a new article is inserted, Article 48 ^ 1, with the following contents: "" Art. 48 48 ^ 1. -(1) 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 to him, which took place prior to the notice about the first violation, the Athletes Hearing Commission and the assistant staff of the athletes who violated the anti-doping regulations will apply an additional penalty, based on the sanction that would could have been applied if the two violations had been adjudicated at the same time. (2) The athlete shall be disqualified in all competitions held starting with the date of the first violation, the results obtained by the athlete in competitions being invalidated. " 12. After Article 60, a new article is inserted, Article 60 ^ 1, with the following contents: "" Art. 60 60 ^ 1. -In a situation where the Commission for the hearing of athletes and the assistant staff of athletes who have violated anti-doping regulations, within the hearing procedure, does not issue a decision within the deadline provided for in art. 33 33 para. (3), the World Anti-Doping Agency can appeal to the Court of Arbitration for Sport in Lausanne. In a situation where the Court of Arbitration for Sport in Lausanne determines that a violation of anti-doping regulations was committed and that the World Anti-Doping Agency acted correctly in choosing to appeal, then the expenses incurred by to the World Anti-Doping Agency in the resolution of the appeal will be borne by the Agency. " 13. After Article 62, a new article is inserted, Article 62 ^ 1, with the following contents: "" Art. 62 62 ^ 1. -National sports federations have the obligation to bear the costs of laboratory tests with positive result, both for sample A and/or for sample B, performed for the legitimate athletes of a member of the federation, the sports structure owner of the sports identity certificate. " 14. After Article 64, a new article is inserted, Article 64 ^ 1, with the following contents: "" Art. 64 64 ^ 1. -(1) In order to protect the health of athletes and prevent doping in sport, national sports federations, sports clubs and professional leagues are required to provide in their annual budget amounts for doping testing of athletes. (2) Failure to comply with par. (1) constitutes a contravention and is sanctioned with a fine of 10,000 lei to 30,000 lei. " 15. In Article 67, paragraph 2 shall be amended and shall read as follows: " (2) Failure to comply with art. 25 25 para. (2) constitutes contravention and is sanctioned with a fine of 1,000 lei to 10,000 lei. " 16. In Article 67, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 1) Failure to comply with art. 33 ^ 1 constitutes contravention and is sanctioned with a fine of 1,500 lei to 2,500 lei. " 17. Article 68 shall read as follows: "" Art. 68. -(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 in art. 64 ^ 1 para. ((2), art. 65 65 para. ((2), art. 66 66 and 67, the finding agent making mention of this possibility in the minutes. (2) Contraventions provided in art. 64 ^ 1 para. ((2), art. 65 65 para. ((2), art. 66 and 67 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 ,, as amended and supplemented. " 18. After Article 70 a new article is inserted, Article 70 ^ 1, with the following contents: "" Art. 70 70 ^ 1. -(1) Members of the commissions referred to in art. 12 12 para. (1), doping control officers, Agency staff empowered to conduct doping testing and staff of the Research Directorate and laboratory doping control do not respond civil or criminal, as the case may be, whether the courts find fulfillment or the omission of 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. 12 12 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. " 19. After Article 71, a new article is inserted, Article 71 ^ 1, with the following contents: "" Art. 71 71 ^ 1. -(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 ((. The financing of expenditure on the purchase of service uniforms shall be made from the funds provided for in the Agency's budget with this destination. + Article II Sanctions applied to athletes and their assistant staff members, according to the law, before January 1, 2009 are considered when establishing sanctions according to the provisions art. 39 39 and 40 of Law no. 227/2006 , republished, with the amendments and completions brought by this law. + Article III Throughout the whole Law no. 227/2006 on the prevention and control of doping in sport, republished, the phrase "Ministry of Youth and Sports" is replaced by the phrase "Ministry of Education, Research, Youth and Sports". + Article IV Law no. 227/2006 on the prevention and control of doping in sport, republished in the Official Gazette of Romania, Part I, no. 485 of July 14, 2009, with the amendments and completions brought by this law, will be republished, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions art. 75 and ale art. 76 76 para. (1) of the Romanian Constitution, republished . CHAMBER OF DEPUTIES PRESIDENT ROBERTA ALMA ANASTASE SENATE PRESIDENT MIRCEA-DAN GEOANA Bucharest, December 14, 2010. No. 249. ________