Law No. 128 Of 8 October 2014

Original Language Title:  LEGE nr. 128 din 8 octombrie 2014

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Law No. 128 of 8 October 2014 amendment and completion of the law #. 227/2006 on preventing and combating doping in sport, and for changing the law. 104/2008 on preventing and combating the illicit production and trafficking of doping substances with high risk published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 744 of 13 October 2014 Parliament adopts this law.


Article I the law. 227/2006 on preventing and combating doping in sport, republished in the Official Gazette of Romania, part I, no. 147 of 27 February 2014, is modified and completed as follows: 1. In article 1, after paragraph 2, insert a new paragraph, paragraph (3), with the following contents: "(3) The examination of the facts and legal issues of a case of violation of the doping rules, the jurisdiction of the settlement of the only sports courts, the latter grade being the Court of arbitration for sport in Lausanne, Switzerland."
2. In article 2, paragraph 2, subparagraphs c), d), (e)) and h) is amended and shall read as follows: "(c) avoidance, refusal) or non-overkill for the taking of samples;

d) violation 3 times in a period of 12 months, the regulations in force concerning the availability for testing doping athlete outside the competition, including failure by the athlete has an obligation to provide information concerning its location, as well as regulations which essentially tests, according to the international standard for testing and investigations of the World Anti-Doping Agency, including any combination of 3 such violations in a 12-month period;
  

e) falsification of any part of the doping control, including, without limitation, the intentional obstruction or trying to obstruct a doping control officer, providing false information to an organization's doping or bullying times trying to intimidate a witness;
  



h) administration of an athlete in competition and/or outside competition to any substances and/or prohibited methods. "
  

3. In article 2 (2), after the letter h) introduce two new letters, the letters i and j)), with the following content: "i) complicity by assisting, encouraging, aiding, instigation, or any other type of complicity involving an intentional violation or attempted violation of the doping rules, including the introduction of an athlete in competition during the period of the suspension;

j) Association between an athlete and a person who has suffered a suspension as a result of involvement in a case of violation of the doping regulations, or has been convicted on the basis of a professional disciplinary proceedings or criminal proceedings for an offence that would have constituted a breach of doping regulations, only after the athlete or the athlete's Assistant staff has been notified in writing. "
  

4. Article 3 is amended and shall read as follows: Art. 3.-for the purposes of this Act, the words and expressions below are defined as follows: 1. ADAMS-administration and management system for doping, management tool database using the Internet for the introduction, storage, dissemination and reporting database designed to assist recipients and the World Anti-Doping Agency in doping operations in accordance with the legislation in force relating to the processing of personal data;
2. manage the provision, supply, supervision, facilitating or participating in any manner to the use by another person of a banned substance and/or banned methods;
3. support effective substantial aid-awarded by an athlete or a person in the staff assistant to the athletes, by providing information through a written declaration and management of evidence, including witnesses and providing information relevant to the discovery of a case and the establishment of a violation by the athlete or other person within the athlete's Assistant staff;
4. Provisional-summary hearing hearing held before the hearing. 33, verbal or written, which the athlete shall be aware of the outcome of the doping rules violations found, the rights enjoyed and obligations incumbent on it;
5. National Olympic Committee-organisation recognised by the International Olympic Committee;
6. competition-a single race, match, game or singular athletic competition;
7. financial consequences-financial penalty imposed as a result of a breach of doping regulations or ordered by the Court of arbitration for sport, to recover the costs associated with it;
8. control process which includes doping-providing information on locating athletes, planning distribution testing, sampling and handling of biological samples, transport of biological samples to the laboratory, laboratory analysis, therapeutic use exemptions (SUT), results management, hearings and appeals;
9. doping control without notice a doping control which takes place with no prior warning to the athlete and where the athlete is continuously, starting from the time of notification until sample is taken;
10. UNESCO Convention-International Convention against doping in sport, adopted at its 33 session of UNESCO'S General Conference on 19 October 2005, including all amendments adopted by the States parties to the Convention and the Conference of the parties to the International Convention against doping in sport;
11.-the athlete's disqualification invalidate, obtained under a certain competitions or sporting events, with all the consequences arising therefrom, including withdrawal of medals, points and prizes;
12. ownership or possession-exclusive control over the prohibited substance or method;
13. with a counterfeit-amendment purpose incorrect through an incorrect action, obstructing, misleading or fraudulent conduct in order to alter the results of the doping test or to hinder the usual procedures for testing doping, as well as giving false information to the Agency;
14. informing the public or publishing information-reporting with regard to the violation of doping rules in accordance with art. 36;
15. in the competition-period beginning 12 hours before a competition in which the athlete is scheduled to participate, by the end of the competition and of the sampling process is tied to that competition, except where otherwise provided by the rules of an International Federation or other national doping organization;
16. in addition to the competition any doping test-which is not achieved in the competition;
17. lack of guilt or negligence-demonstration of the sport that he knew or suspected nor had the opportunity to know or suspect, even by exercising the most thoughtful, that he has used or been administered the prohibited substance or method times that in some other way breached doping regulations;
18. lack of guilt or negligence by the significant sports-demonstration of the fact that guilt or negligence that gave evidence was not significant in terms of violating doping rules, when considering the circumstances and shall take into account the criteria set out for them;
19. prohibited List-a list that names the substances and methods prohibited;
20. sports events rather than a place established by the decision-making body of an event;
21. batch test sample comprised of registered elite athletes established separately by each International Federation and national doping organisation, athletes who are subject to doping testing in and out of competition, as part of the plan for the distribution of tests belonging to your organization or International Federation concerned and which have the obligation to provide information of location in accordance with the provisions of the World Anti-Doping Code and the international standard for testing and investigations;
22. sports manifestation of individual competitions organised together by a single decision-making body;
23. international sports show-sport manifestation in which the International Olympic Committee, International Paralympic Committee, an International Federation, an organisation that organises a major sporting or athletic organization responsible for international sport manifestation or call officials for this;
24. national sports manifestation-show participation sports involving athletes from the national and international level, which is not an international sports;
25. the marker a compound, group of compounds or biological parameters that indicates the use of prohibited substances or methods;
26. metabolite-any substance produced in the body through metabolism, biodegradation process;
27. forbidden method-any method so the qualified list of prohibited;

28. control officer doping-person certified by the Ministry of labour, social protection and Family, Older Persons and, on the basis of delegation issued by the National Anti-Doping Agency, responsibility for managing spot sitting sampler;
29. the organizer of major sporting events-the continental associations of national Olympic committees and other international sports organizations, which operate as multidisciplinary body of decision-making of any continental, regional sports events or international;
30. organization responsible for doping-signer adopting rules for initiating, implementing or applying to any part of the doping control process, which may include the International Olympic Committee, International Paralympic Committee, other major sporting events, which organizes carrying out testing in these sports, the World Anti-Doping Agency, international federations and national doping organizations;
31. the national doping organization-entity designated by each country, having the authority and responsibility at the national level to adopt and implement the doping regulations to carry out the sampling activity, results management and hearing procedure;
32. regional organisation doping-regional entity designated by the Member States to coordinate and manage domains delegated from their national doping programmes, which may include the adoption and implementation of the doping regulations, planning and collection of samples, the management of examination results, therapeutic use exemptions, conducting hearings and coordinating educational programmes at the regional level;
33. participant-any athlete or member of staff assistant to the athlete;
34. the athlete biological Passport program and the methods by which it is collected and recorded information, in accordance with the international standards of the World Anti-Doping Agency;
35. the period of time between the sports event-the beginning and the end of a sporting events set by the body which coordinates the expression;
36. person-natural or legal persons and any other entity;
37. personal assistant of the athlete-coach, tutor, any manager, agent, team staff, official, medical or paramedical times, parent or any other person working, treating or assisting an athlete participating in or preparing to take part in sports competitions;
38. the possession of the person-situation has sole control or intends to exercise control over the substance and/or a prohibited method; purchase, including by electronic means or any other means, of a substance and/or methods prohibited by a person, constitutes possession;
39. the biological sample-any biological material collected for the doping control;
40. the contaminated product-product that contains a substance prohibited and which is not mentioned on the product label;
41. independent observers programme-team of observers, under the supervision of the World Anti-Doping Agency, which observes and provides guidance on the process of doping control, from sporting events and report its observations;
42. an atypical result a report from a laboratory or other entity recognized by the World Anti-Doping Agency, requiring subsequent investigations under the provisions of the international standard for laboratories, prior to determining the existence of a positive result;
43. positive-a report from a laboratory or other entity which has been approved to perform testing, which identifies, in a biological sample, the presence of banned substances, of metabolites or its markers, including significant amounts of endogenous substances or evidence of the use of prohibited methods;
44. positive result in Biological Passport-report prepared on the basis of the procedure laid down in the technical document or in the technical instructions, which reveals that the analytical results are atypical, examined in relation to a normal physiological condition or with a known pathology and are comparable to using a substance and/or prohibited methods;
45. therapeutic use exemption (SUT)-approval of use of a therapeutic substances and/or methods banned athletes who present a proven medical condition;
46. the contracting entities of signatories-World Anti-Doping Code, which comply with its provisions;
47. team sport a sport in which the substitution of players is permitted during a competition;
48. individual sports-any sport that is not a team sport;
49. sport-any person who participates in sport activity at the international level, defined as such by each International Federation, or any person who participates in sport activity nationally legitimated at a sports club, affiliated to a National Sports Federation, and any other person who participates in sport activity at the lower level. This definition includes practitioners of the sport at a recreational level, without having to have the obligation to provide information on their location and seek relief for therapeutic (SUT);
50. national-level athlete-sportsman who competes in a sport at national level, according to the definition drawn up by each national doping organization, in compliance with the international standard for testing and investigations;
51. international level athlete-sportsman who competes at the international level in a sport as defined by each International Federation, in compliance with the international standard for testing and investigations;
52. international standard a standard adopted by the World Anti-Doping Agency, which includes the technical details necessary to implement the provisions of the code;
53. the strict liability rule according to which, under art. 2 (2). (2) (a). the a and b)), to establish the violation of doping rules, it is not necessary to demonstrate that doping organisation, intent, negligence or culpability of knowingly using the substance and/or methods banned by sport;
54. forbidden substance-any substance in the list of qualified thus prohibited;
55. specific substances prohibited substances-all except substances in the classes of anabolic agents, hormones and certain stimulants and hormone antagonists and modulators, and prohibited methods identified as such in the banned list, the international standard of the World Anti-Doping Agency;
56. suspension-stopping an individual sportsperson or staff assistant, for a specified period of time from participating in any competition, the pursuit of an activity in connection with sport activity as well as the suspension of financing in accordance with art. 42 para. (7);
57. the provisional suspension-pausing the sportsman or a staff person within the athlete's Assistant suspected of one of the infringements referred to in article 1. 2 (2). (2) from taking part in any competitions pending the final decision;
58. the deliberate attempt at behavioral-employment, which constitutes an important step in the pursuit of an action with the aim of having committed any of the acts referred to in article 1. 2 (2). (2);
59. therapeutic-treatment of a medical or healing methods or agents to assist in healing;
60. test-target-selection for testing athletes on the basis of the criteria laid down in the international standard for testing and investigations;
61. doping test-part of the ongoing process of doping control, which involves planning the distribution of tests, biological sampling, handling and transport of biological samples in laboratory;
62. traffic-selling, giving, transporting, sending, bringing or possession, the times one of the goals here laid down, by a third party, of a substance and/or methods prohibited by any means, by an athlete, the athlete's personal assistant or any other person subject to the jurisdiction of an organization's doping;
63. the use of prohibited substances or methods-application, ingestion, injection or consumption by any means whatsoever of any prohibited substances or methods;
64. guilt-any breach of an obligation or any lack of proper attention in accordance with a particular situation. "
5. Article 4 shall be amended and shall read as follows: Art. 4. — (1) for the purpose of combating doping in sport works Anti-Doping Agency, hereinafter the Agency, a public institution with legal personality, with autonomy and operational in doping activity and scientific research in the field, led by the Prime Minister, financed from its own revenue and subsidies from the State budget through the budget of the General Secretariat of the Government, with its headquarters in Bucharest Basarabia, nr. 37-39, sector 2.

(2) the Agency's Staff is contractual staff and is paid at the level laid down for the working of the Government apparatus. "
  

6. After article 4 introduces a new article, article 4 ^ 1 with the following content:

"Art. 4 ^ 1. Doping control laboratory is an independent entity from analytically and operationally towards the Agency and any structure, organization, operation and financing thereof are to be fixed by the Government for amendment of the regulations governing the Organization and functioning of the Agency. "
7. In article 5, letter c) is amended and shall read as follows: "(c)) design and development of research projects and studies, sociological, behavioral, juridical and ethical investigations in the field of medical biochemistry, analytical and physiologically;"
8. In article 5, letter c) after it introduces three new letters, letters d-f)), with the following content: "d) preventing and combating the illicit production and trafficking of doping substances with a high degree of risk;

e) reaffirmation commitment and strengthen the position of credible and active partner in the global effort to combat doping in sport;
  

f) institutional development for the implementation of the policies adopted in this area. "
  

9. Article 6 shall be amended and shall read as follows: Art. 6.-in order to achieve the objectives referred to in article 1. 5, the Agency performs the following duties: 1. draw up a National Anti-Doping Strategy, in accordance with the objectives and provisions of the World Anti-Doping Code, international standards, of the Convention against doping regulations, adopted by the Council of Europe in Strasbourg on 16 November 1989, ratified by law No. 171/1998, and of the UNESCO Convention;
2. initiates draft normative acts for the harmonization of national legislation with international doping regulations in this area;
3. responsible for the doping control and results management and ensures that the proceedings of the hearing;
4. obtain, evaluate and process information from all sources provided doping available, to serve for the elaboration of a distribution plan effective tests, rational and balanced, for the planning of the test target, and to support the investigation of one or more possible doping violations;
5. investigating the results and data from the atypical atypical athlete biological Passport;
6. investigate any information resulting from analysis or from other sources or data indicating the violation of one or more doping regulations, in order either to exclude the suspicion of violation of the rule/rules, either to reinforce the evidence to support the initiation of a procedure concerning the violation of doping rules;
7. initiate, promote and/or financial claims, as appropriate, educational programmes and prevention of doping in sport;
8. organizes and carries out doping controls in competition and out of competition;
9. ensure the implementation of concrete measures for sanctioning doping in sport;
10. initiate, argues financial and/or promotional programs to encourage fair play in sport;
11. Encourages the Ministry of sports structures, youth and sports and the Olympic Committee and sports programs in Romanian adoption of consistent and uniform testing;
12. collaborates with public authorities and institutions, and non-governmental organizations with national and international duties in this area;
13. proposes specific measures and cooperate with the authorities and public institutions for the purpose of intensifying the fight against illicit traffic of substances and/or methods prohibited;
14. approval and revision initiates prohibited, in accordance with the list of the World Anti-Doping Agency;
15. updating, in collaboration with the Ministry of health and with the national agency of Drug and medical devices, and publishes an annual list of pharmaceutical specialities authorized and marketed in Romania who in composition and/or prohibited methods;
16. the national plan drawn up annually, in competition and out of competition, and make it available to the World Anti-Doping Agency, at its request, prepares the batch testing and keep track of the location of the athletes ' compliance with the international standard for testing and investigations of the World Anti-Doping Agency;
17. is responsible for the planning and conduct of hearings and ensuring the athletes of their Assistant personnel suspected of violating doping regulations in a fair and equitable framework, in accordance with the legislation in force and with international standards;
18. Approves the therapeutic use exemptions for national-level athletes at their written request, in accordance with the procedure described in the international standard for the granting of therapeutic use exemptions (SUT) of the World Anti-Doping Agency and keeps track of therapeutic use exemptions (SUT) for international-level athletes;
19. communicate to the World Anti-Doping Agency and international federations specialized in cases of violations of doping regulations administered, as well as requests for exemptions for therapeutic use (SUT) for national level athletes;
20. draw up the detailed rules on the Organization and conduct of doping control;
21. organizes courses for training and improvement of control doping officers;
22. organise training courses for trainers from doping bodybuilding and fitness;
23. submits annually an activity report to the Government and Parliament;
24. organizes periodically, with the sports structures, actions relating to information, prevention and control of doping in sport;
25. initiates, promotes and carries out research activities;
26. draw up rules for the use of the Agency's revenue for categories of expenditure shall be made for measures to prevent and combat doping in sport, and to prevent and combat the illicit traffic of substances included in the list of prohibited and you submit to the Government for approval, by the judgment;
27. endorse dietary supplements that hold the notice holder, intended to be used by athletes;
28. prepares and carries out doping education annual plan. "
10. After article 6, insert a new article, article 6 ^ 1 with the following content: "Art. 6 ^ 1. -The Agency has the obligation to pay the contributions laid down by international and non-governmental organizations, under law No. 171/1998 and through the International Convention against doping in sport, adopted by the General Conference of the United Nations Educational, scientific and Cultural Organization in Paris on 19 October 2005, supported by law. 367/2006. "
11. In article 9, paragraph (1) shall be amended and shall read as follows: Art. 9. — (1) the Board of Directors of the Agency has composed of 9 members, as follows: a) President;
  

b) 4 representatives of the working of the Government;
  

(c) a representative of the Ministry) youth and Sports Minister, appointed from among its employees;
  

d) a representative of the Romanian Olympic and Sports Committee;
  

a representative of e) athletes, appointed by the Romanian Olympic Committee and sports;
  

f) a representative of the national sports federations, designated by the Olympic Committee and sports. "
  

12. In article 10 (1) after the letter f) insert a new letter, the letter g) with the following content: "the revocation of mandate) the authority that appointed him or her."
13. In article 12, paragraph 4 is amended and shall read as follows: "(4) for the work performed by the Board of appeal shall be charged a fee the amount of which shall be determined annually by the decision of the Board of Directors, approved by order of the President of the Agency, published in the Official Gazette of Romania, part I."
14. Article 18 is amended and shall read as follows: Art. 18. — (1) the list of prohibited, in accordance with the World Anti-Doping Agency, approved by order of the President of the Agency and shall be published in the Official Gazette of Romania, part I.

(2) the Agency shall review the list of prohibited whenever changes appear on the list published by the World Anti-Doping Agency. "
  

15. Article 19 is amended and shall read as follows: Art. 19. — (1) the presence of a prohibited substance or its metabolites or markers and/or the use or attempted use, possession or administration or attempted administration of a prohibited substance or a prohibited method will not constitute a breach of doping rules, if they are for therapeutic use exemptions incidents (SUT) granted in accordance with the international standard for the granting of therapeutic use exemptions (SUT).

(2) the Agency shall ensure that the procedure for granting therapeutic use exemptions for national-level athletes or for the athletes residing in the territory of Romania, but not internationally, at their written request, in accordance with the procedure described in the international standard for the granting of therapeutic use exemptions (SUT) of the World Anti-Doping Agency.
  

(3) international level athletes are required to communicate to the agency requests for granting therapeutic use exemptions, submitted to the International Federation, in compliance with the international standard for the granting of therapeutic use exemptions (SUT) of the World Anti-Doping Agency.
  


(4) the Agency will report to the World Anti-Doping Agency, through ADAMS, therapeutic use exemptions granted by national level athletes and athletes residing in the territory of Romania which are not internationally, included in its roster of registered test. "
  

16. In title II, the heading of chapter IV is amended and shall read as follows: "CHAPTER IV the role and responsibilities of athletes and staff assistant to the" 17. Article 20 is amended and shall read as follows: Art. 20.-the athletes and their Assistant staff are obliged to know and follow the rules of national and international doping. "
18. Article 21 is amended and shall read as follows: Art. 21.-the athlete is directly responsible for what is found in his biological sample. "
19. After article 21(5) shall be introduced six new articles, articles 21-21 ^ 1 ^ 6, with the following content: "Art. 21 ^ 1. -The athlete is obliged to decline the quality of medical personnel, including family doctors and practitioners.
Art. 21 ^ 2. -(1) athletes and their Assistant staff are obliged to cooperate with doping organizations within the framework of investigations concerning violations of doping regulations.

(2) staff assistant to the athlete's obligation to cooperate with the Agency during the doping test.
  

Art. 21 ^ 3. -Athletes who form part of the registered testing agency had an obligation to provide accurate location information and let them fill in the ADAMS.
Art. 21 ^ 4. -(1) the national level athletes and/or international, were included in the registered testing which retire from sport activity, the, where the incumbent, to announce in writing six months before the comeback, to be available for testing and provide locational information agency and/or the International Federation to which they are affiliated.

(2) the World Anti-Doping Agency may grant an exemption from the rule of the notification in writing as provided for in paragraph 1. (1) in accordance with the World Anti-Doping Code.
  

(3) any results obtained in violation of the competition, with paragraph 2. (1) will be cancelled.
  

Art. 21 ^ 5. -(1) the athlete retired from sport activity for the period of the suspension, if it wants to return to work, cannot participate in national or international competitions before announcing National Federation in writing and/or international and/or the Agency.

(2) notification shall be made in writing with a time period equal to the period of suspension remaining executed at the time of withdrawal, where this is greater than 6 months and otherwise, with 6 months in advance.
  

(3) the periods referred to in paragraph (2) to the athlete undergo doping testing and provide information on the location.
  

Art. 21 ^ 6. -(1) Doctors, nurses and paramedical staff must pay special attention to medical treatment applied to athletes and to abide by the following rules: a) advised not to prescribe and administer drugs not and/or dietary supplements which have banned substance in composition, except that there is a therapeutic use exemption;
  

b) recommend, not to prescribe or not to collaborate in the use of prohibited methods which are included on the banned list, except that it can get relief for therapeutic use;
  

c) to prevent the use by athletes of substances and/or methods prohibited;
  

d) to inform the athletes and national sports federations responsible for the medication to be administered, on the composition and the effects on the organism;
  

e) to inform the responsible national Sports Federation, and the Agency, where suspects an athlete that would use substances and/or banned methods, for it to be subject to target testing.
  

(2) staff assistant of the sportsman will not use and will not hold prohibited substances or prohibited methods and, without a valid justification. "
  

20. In title II, the heading of chapter V is amended and shall read as follows: "chapter V Testing doping and investigation". Article 22 is amended and shall read as follows: Art. 22.-Testing and doping in competition outside of the competition, shall be carried out according to the annual national testing Plan, in compliance with the provisions of the international standard for testing and investigations. "
22. Article 23 is amended and shall read as follows: Art. 23. — (1) the testing of doping shall be carried out by the Agency, on its own initiative, or may be requested by: (a) Ministry of youth and sports);
  

b) Olympic Committee Sport and English;
  

c School and Sport Federation);
  

(d) national sports federations), professional leagues or clubs;
  

e) other organizers of sports events, which are not included in a federal setting.
  

(2) the procedure for the conduct of the doping test is regulated in detailed rules on the Organization and conduct of doping control, which shall be prepared by the Agency, approved by the Decree of the Cabinet of Ministers, in accordance with the provisions of the code, the international standard for testing and investigations and of the international standard for the granting of therapeutic use exemptions (SUT), issued by the World Anti-Doping Agency.
  

(3) in urgent cases, the President of the Agency may have carried out the doping tests.
  

(4) the Agency may perform the tests at the request of other organisations doping doping and sporting structures.
  

(5) the agency acknowledges, in terms of reciprocity, tests carried out, the therapeutic use exemptions granted, as well as the final decisions issued by any signatory to the code, subject to the rights of appeal which are in accordance with the provisions of the code, in accordance with the law. "
  

23. Article 24 is amended and shall read as follows: Art. 24. — (1) the Agency may test any athlete in competition and out of competition, in accordance with the legal provisions, anytime and anywhere, including athletes are in a period of suspension.

(2) national Record can only test omologa doping of athletes concerned immediately after registration.
  

(3) target Testing and those outside of the competition can be made at any time, without notice, at the nearest control doping, at the places of accommodation to the athlete during training, in all places and premises of physical and sporting activities, or to the athlete, and they have the obligation to undergo such tests.
  

(4) in the 1930s, which is carried out on the territory of Romania, the testing authority is the organisation which is organized under the auspices of the manifestation.
  

(5) the Agency may conduct tests at an international competition held in Romania, with the approval of the international organization, in accordance with paragraph 1. (4), and in case of refusal thereof, may apply to the World Anti-Doping Agency, to be qualified to do so.
  

(6) the decision of the World Anti-Doping Agency in connection with the provisions of paragraphs 1 and 2. (5) is final.
  

(7) The authorisation issued, unless otherwise specified, the test will be done outside of the competition.
  

(8) in national competitions testing authority is the Agency.
  

(9) unless otherwise stated in the regulation of national or international competition, the management of test results will return the organization that carries out doping testing.
  

(10) The national competition agency may be requested by another organization, carrying out doping tests. In case of refusal, the provisions of paragraph 1 shall apply. (5) to (7).
  

(11) an International Federation or an organizer of an international competition held in Romania may delegate or entrust, by agreement, any part of the doping control procedure by the Agency.
  

(12) The conditions laid down in paragraph 1. (11), the Agency may carry out additional tests and may require a laboratory accredited by the World Anti-Doping Agency types, additional analysis from its own budget, with the organizer's notice. "
  

24. Article 25 shall be amended and shall read as follows: Art. 25. — (1) the testing of doping in competition is carried out in the appropriate spaces called «station», organised doping control in accordance with the detailed procedures for the Organization and conduct of doping control.

(2) in exceptional cases, doping control station can be arranged in a space made available by the organizer of the competition. "
  

25. Article 26 is amended and shall read as follows: Art. 26. — (1) the doping Tests may be carried out by doping control officers who are certified by the Agency, as well as by the staff of the Agency, empowered for this purpose by the President.

(2) the procedure for obtaining the certificate is regulated by the Decree of the Government. "
  

26. Article 27 is amended and shall read as follows: Art. 27.-liability and transporting the harvested samples belong to the agency or laboratory control officer doping which made as appropriate. "
27. Article 28 is amended and shall read as follows:

"Art. 28. — (1) the analysis of biological samples is carried out by a doping control laboratory, accredited or approved by the World Anti-Doping Agency.

(2) laboratory analysis is issued in the form of an analytical report shall be communicated to the President of the Agency.
  

(3) In the case of a positive result, the Agency checks to see if one of the following situations: a) has been granted or to be granted an exemption for therapeutic use (SUT);
  

b) there is a suspicion about the violation of the international standard for testing and research or international standard for laboratories, which disprove the validity of the positive result was found.
  

(4) In case of violation of the rules, through the Agency of doping, the ADAMS system or through consultation with other organizations, doping will verify that the person concerned has previously committed another violation.
  

(5) if the check does not highlight one of the situations referred to in paragraph 1. (7) the Agency shall inform the athlete concerned and responsible national Sports Federation, the Ministry of youth and sports, the Olympic Committee and Sports Federation, and the International Agency responsible for World Anti-Doping Agency over: a) result found;
  

b) doping regulation infringed;
  

(c) the athlete's right to) require, in writing, within 48 hours of notification, analysis of sample B, as well as the chosen period, and if you refuse this law loses;
  

d) where it is conducting the analysis of the sample B, and periods of laboratory releases to that effect;
  

(e) the athlete's right to) ask for a fee, the package of documents for samples A and B;
  

(f) the athlete's right to) accept a provisional suspension in writing up to the organisation of the hearing, except in the situations described in article 2. 35;
  

g) the right to be present personally or by representative sample analysis B if it is requested.
  

(6) where is highlighted one of the situations referred to in paragraph 1. (3) the Agency decide not to forward the positive result as a breach of doping regulations, notify the athlete's National Federation, the International Federation, the Romanian Olympic Committee and sports and the World Anti-Doping Agency.
  

(7) In the case of an atypical result, the Agency checks to see if one of the following situations: a) has been or will be granted an exemption for therapeutic use, in accordance with the international standard for the granting of therapeutic use exemptions (SUT);
  

b) there is a suspicion about the violation of the international standard for testing and research or international standard for laboratories, which disprove the validity of the result of atypical found.
  

(8) if the check does not highlight one of the situations referred to in paragraph 1. (7) the Agency shall make the necessary subsequent investigations, in compliance with the international standard for laboratories to determine whether the result of atypical or not will be submitted as a positive result.
  

(9) After the conclusion of the investigations referred to in paragraph 1. (8) the Agency shall inform the athlete concerned and responsible national Sports Federation, the Ministry of youth and sports, the Olympic Committee and Sports Federation, responsible and World Anti-Doping Agency if the atypical whereof shall be submitted a positive result, in compliance with the provisions of paragraphs 1 and 2. 5. (10) Agency is under no obligation to inform about an atypical result until the completion of the investigation referred to in paragraph 1. (8) and decision to submit as a result of atypical positive result, except in the following situations: a) if the agency determines that making contraexpertizei is required before the conclusion of the investigations referred to in paragraph 1. (8), in which case it decides after informing its athlete making the outcome of atypical found compliance with the provisions of article 7. 29 para. (2) (a). b);
  

b) if the Agency receives a request to that effect, either from an organizer of a major sporting event, shortly before a sporting events, either at the initiative or on behalf of an organization who has responsibility for sport to meet a deadline for selecting team members for an event, only after notifying the athlete about the outcome of atypical found.
  

(11) the investigation result of the atypical or positive, in case the athlete biological passport, will be made in accordance with the international standard for laboratories, and the procedure shall be laid down in the detailed rules on the Organization and conduct of doping control. "
  

28. Article 29 is amended and shall read as follows: Art. 29. — (1) the Agency may request the sample B, in circumstances where the athlete has lost this right.

(2) under the conditions laid down in paragraph 1. (1) the Agency shall inform the athlete about: a) the date, time and place of carrying out of sample B;
  

b) the athlete and/or his representative to attend the B sample opening and analysis, in accordance with the international standard for laboratories. "
  

29. Article 30 is amended and shall read as follows: Art. 30.-at the opening of the B sample analysis 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 of the managing authority of the results of the Romanian Olympic Committee and Sports Federation, the sport's National Federation of international sports, and, where appropriate, a translator with the opinion of the Agency. "
30. Article 31 is amended and shall read as follows: Art. 31. In the case of infringements of regulations-doping. 2 (2). (2) which do not entail the analysis of biological samples, the Agency shall verify the circumstances under which it was committed to the possible violation of the doping regulations, and shall inform the athlete or person responsible, the National Sports Federation, the Ministry of youth and sports, the Olympic Committee and Sports Federation, and the International Agency responsible for World Anti-Doping Agency on the regulation of doping): possible violations;
  

b) the period within which you must make a statement about the possible breach of doping regulations;
  

(c) rights of the person or athlete) blamed during the procedure for the hearing. "
  

31. Article 32 is amended and shall read as follows: Art. 32.-investigation of infringements relating to the obligation to provide information to locate and to undergo the doping test shall be done in accordance with the international standard for testing and investigations and will be approved by decision of the Government. "
32. After article 32 shall be introduced six new articles, articles 32 ^ 1 ^ 6-32, with the following content: "Art. 32 ^ 1. -If the athlete or person within the staff assistant, who is suspected of one of/suspected infringements referred to in article 1. 2 (2). (2), withdraws from sport activity before the start of or during proceedings under this chapter, the Agency may decide to continue them.
Art. 32 ^ 2. Responsibility at national level for managing results and hearings for staff sports and/or its Agency's Assistant.
Art. 32. ^ 3 -On the basis of the provisions of art. 24 para. (12) the management authority is the Agency, results if additional tests show, and the organizer of the competition, where a laboratory is requested only the making of further analysis.
Art. 32 ^ 4. -(1) In the event of a doping test or a breach of doping regulations initiated and/or discovered by the World Anti-Doping Agency, managing the results of the hearing and the procedure will be provided by the designated doping World Anti-Doping Agency.

(2) the management of results and procedure for hearing for a doping control and/or a breach of doping regulations was initiated and/or discovered by the International Olympic Committee or International Paralympic Committee, or by an organization that is responsible for a major competition, incumbent International Federation, in accordance with the provisions of the code.
  

Art. 32 ^ 5. (1) management of the results of the facts which would lead to the violation of article 3. 2 (2). (2) (a). d) will be provided by the International Federation or national doping organisation which gives the athlete location information, in accordance with the international standard for testing and investigations.

(2) the requirements for the locational information will be provided in the detailed rules on the Organization and conduct of doping control, approved by decision of the Government.
  

Art. 32 ^ 6. -Any procedure concerning the violation of doping rules will not be initiated against an athlete or other person before he/she be notified in connection with violation of doping regulation in question, in accordance with article 5. 28 para. (5) within a period of 10 years from the date on which it is believed that such infringement has taken place. "
33. In title II, the heading of Chapter VII is amended and shall read as follows: "Hearing CHAPTER VII" 34. Article 33 shall be amended and shall read as follows:

"Art. 33. — (1) the Commission for the hearing of the athletes and staff assistant to the athletes who have violated doping regulations, hereinafter referred to as Commission hearing, a procedural hearing for the athlete or his assistant staff charged with one of the infringements referred to in article 1. 2 (2). 2. (2) the procedure for the hearing shall be conducted in compliance with the following principles: a) the organisation of the hearing within a reasonable time, in compliance with paragraph 1. (3);
  

b) a Committee of fair and impartial hearing;
  

c) the right to be represented at the expense of the person;
  

d) right to be informed correctly and in good time about the prosecution of violations of doping regulations;
  

e) the right to defend itself in the face of accusations of breach of doping regulations and the consequences arising therefrom;
  

f) each party's right to present evidence, to call witnesses and cross-examine the witness in the form of acceptance of the Declaration by being at the discretion of the Commission hearing;
  

g) right to an interpreter during the hearing, the hearing Committee having the responsibility to appoint the person will bear the costs;
  

h) the right to a written decision, motivated, dated and communicated in a timely fashion, or, where the athlete waives hearing, a reasoned decision which will explain the action taken;
  

I) entitled the sportsman or his assistant staff to waive the hearing, either expressly, either when the Agency does not dispute the allegation, regarding the fact that there has been a breach of doping regulations.
  

(3) the hearing shall be held promptly, without exceeding 3 months after the end of the results management process provided for in chapter II. Vi. (4) the President of the Agency may decide to hold a hearing into a matter of urgency, when circumstances demand it. "
  

35. Article 34 is amended and shall read as follows: Art. 34.-in the event that the Commission considers necessary for hearing the presence at hearings of persons other than the athlete or person within the athlete's Assistant staff in question, they are required to be present in the place, day and hour, having the obligation to declare everything they know about the possible breach of doping rules. "
36. Article 35 is amended and shall read as follows: Art. 35. The allegations regarding violations of the regulations-doping levelled against the sportsman of international and national level may be subject to a hearing in the Court of sports arbitration, without the obligation of a preliminary hearing, on the basis of the athlete's consent, of the Agency, of the World Anti-Doping Agency, as well as of any other doping organizations which would make appeals against a decision in the first instance. "
37. After article 35 shall be introduced five new articles, articles 35-41 ^ 1 ^ 5, with the following content: "Art. 35 ^ 1. (1) Provisional Suspension of an athlete on the basis of a positive result of sample A, or for the use of a prohibited method.

(2) the provisional Suspension, according to para. (1) may not be ordered without the athlete to be awarded the concerned the right to a provisional hearing before imposition of the provisional suspension or immediately after the imposition of its right-of-way at a hearing as a matter of urgency, according to art. 33 para. (4) immediately after the imposition of the provisional suspension.
  

(3) the period of provisional suspension is not required in the case of a substance.
  

(4) where the athlete proves, in the hearing held pursuant to paragraph 2. (2) that the positive result is caused by the use of a contaminated product, the period of provisional suspension may be removed.
  

(5) Against the Commission's decision under paragraph 1, taken from the hearing. (4) cannot call formula.
  

Art. 35 ^ 2. -If the athlete or person within the personnel assistant to the athlete, who is suspected of one of/suspected infringements referred to in article 1. 2 (2). (2), withdraws from sport activity before starting or during the procedure for the management of results, the agency completes this process.
Art. 35 ^ 3. -The Agency will notify all entities referred to in article 1. 50 para. (1) in relation to decisions relating to that infringement did not occur, the imposition of a provisional suspension voluntary decisions, as well as acceptance by the athlete or the people within its staff assistant to a sanction without hearing procedure completion.
Art. 35 ^ 4. -Decisions regarding violations of doping regulations, in accordance with article 5. 35 ^ 1, ^ 3, article 35. 42 para. (5), art. 47 ^ ^ 3 and 47, taken in accordance with article 5. 33 para. (2) shall include all of the reasons cited in the delivery of the decision, including, where appropriate, the option of not imposing the most severe sanction.
Art. 35 ^ 5. -Doping Organization entitled to call regarding a decision received in accordance with article 7. 35 ^ 3, may request, within 15 days of receipt of the decision, a copy of the records. "
38. In title II, the heading of Chapter VIII is amended and shall read as follows: "CHAPTER VIII confidentiality and reporting" 39. Article 36 is amended and shall read as follows: Art. 36. — (1) the identity of the athlete or the staff assistant who is suspected of one of the infringements referred to in article 1. 2 (2). (2), will be made public by the Agency, after notification, in accordance with art. 28 para. (5) and (9).

(2) within 20 days after delivery of the decision of the Commission hearing, subject to appeal, in accordance with art. 49, or from the date on which the appeals procedure or has waived the hearing, in accordance with article 5. 33 para. (2) (a). (I)), the Agency shall make public its decision.
  

(3) the public Agency must report within 20 days appeal decisions to the Commission concerning violations of doping regulations.
  

(4) the identity of the athletes or staff assistant who, after a final settlement of the case, have not been found guilty of one or more violations of doping regulations. 2 (2). (2) may be made public only with the written consent of them.
  

(5) the information made publicly available pursuant to paragraph 1. (1) to (3) are presented and maintained during the suspension, but no less than one year, and on the Agency's website and the national sports federations, where they exist.
  

(6) Notwithstanding the provisions of paragraphs 1 and 2 of the. (1) and (4), the Agency's Chairman or, in his absence, his substitute may make public comments about a case pending learned if they are needed in response to public comment of athletes or staff assistant in question.
  

(7) mandatory, public information pursuant to paragraph 4. (2) and (3) shall not be required where the athlete or other person is a minor. "
  

40. In article 37, paragraph (2) is amended and shall read as follows: "(2) in addition to the automatic invalidation of the results obtained in the contest in which the sample was collected, through the effects of para. (1) all other results obtained from sampling date positive or committing a breach of doping regulations other will be invalidated, with all resulting consequences, including the withdrawal of medals, points and prizes. "
41. Article 38 is amended and shall read as follows: Art. 38.-the facts pursuant to article 114. 2 (2). (2) (a). a), b) and (f)) shall be imposed with suspension from sport activity over a period of 4 years, when they are not applicable to the provisions of art. 47, 47 47 ^ ^ 1 or 4, as follows: (a) breach of doping regulations) when it does not involve a specific substance and if the athlete or other person is unable to prove that the violation was unintentional product;
  

b) when violations of doping regulation involves a specific substance, and the agency that can sample made with intent;
  

c) if they are not applicable to subparagraph (c). the a and b)), will be suspended for two years. '
  

42. Article 39 is amended and shall read as follows: Art. 39. — (1) the period of suspension for violating doping rules, other than those referred to in article 1. 38, where the provisions of article 362 are not incidental. 47 47 ^ ^ 2 and 4 shall be imposed as follows: (a)) for violation of art. 2 (2). (2) (a). c) and (e)), the period of suspension is 4 years;
  

b) where the athlete proves that the failure to provide for the collection of biological samples was unintentional, the period of suspension is two years old.
  

(2) in respect of breaches referred to in art. 2 (2). (2) (a). (d)), the period of suspension shall be 2 years, with the possibility of reducing it to a minimum period of one year.
  

(3) for the violation of art. 2 (2). (2) (a). g) or (h)), the period of suspension shall be not less than 4 years, going up to lifetime suspension, reported to the gravity of the infringement.
  

(4) the infringements referred to in article 1. 2 (2). (2) (a). g) or h), perpetrated by a person within the athlete's Assistant personnel, with the involvement of a minor sport, when it does not involve a specific substance, with suspend sanctions on direct from sport activity.
  


(5) for the violation of art. 2 (2). (2) (a). I), the period of suspension shall be not less than 2 years, going up to 4 years, depending on the seriousness of the infringement.
  

(6) For violation of art. 2 (2). (2) (a). (j)), the period of suspension shall be not more than 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. "
  

43. Article 40 is amended and shall read as follows: Art. 40.-Assistant staff applied to Sanction breaches of doping rules pursuant to article 114. 2 (2). (2) (a). g) and (h)) will be greater than the sanction athletes declared positive at doping control. "
44. Article 41 is amended and shall read as follows: Art. 41. — (1) the period of suspension shall start from the date on which the final decision to suspend, as a result of the hearing, or if the hearing is waived, from the date on which the suspension is accepted.

(2) in the case of a delay in the decision to suspend pronouncement, for reasons not attributable to the athlete or other person, the period of suspension may start at an earlier date, not earlier than the date of collection of the sample, or the date at which already held another breach of doping regulations.
  

(3) where the athlete or other person promptly recognize the violation of doping regulations, after the Agency reported violation, the period of suspension may begin from the date of sampling or the date at which already held another breach of doping regulations, other than those referred to in article 1. 2 (2). (2) (a). a). (4) in the case referred to in paragraph 1. (3) the athlete or other person, should remain suspended/suspended at least one-half of the period of suspension, beginning with the date on which he/she has accepted the application of sanction, from the date of issue of the decision of the Commission hearing, which imposed the sanction, or from the date on which the sanction is applied.
  

(5) the provisions of this article shall not apply where the period of the suspension has already been reduced, according to art. 47 ^ 4.
  

(6) the duration of provisional suspension shall be deducted from the period of suspension imposed by a final decision, where a provisional suspension is applied and respected.
  

(7) the athlete or person who accepts a voluntary provisional suspension in writing from a doping organisations with authority in the management of results, i will be deducted during the period of provisional suspension of the period of suspension be applied by means of a final decision.
  

(8) the time period in advance of the commencement of the period of suspension or voluntary provisional suspension shall not be deducted from the period of suspension imposed by a final decision.
  

(9) In team sports, where a suspension is imposed in respect of the period of suspension, the team will start from the date of the final judgment or, if it has been dropped at the hearing, the date on which the suspension was accepted. "
  

45. Article 42 is amended and shall read as follows: Art. 42. (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 to the World Anti-Doping Code.

(2) the athlete or other person shall, during the period of suspension, cannot have any quality within a signatory of the sporting world Anti-Doping Agency, cannot have any report under contract and cannot volunteer for this.
  

(3) As an exception to paragraph 1. (1) and (2), the athlete can return only to train or to use the facilities during the shorter of: (a) the last couple of months) remaining from the period of the suspension;
  

last quarter of b) during the period of suspension.
  

(4) the period of suspension, the athlete shall remain available for testing and has the obligation to communicate information on the location.
  

(5) If an athlete or other person violates the provisions of paragraph 1. (1) and (2), the results will be disqualified and the period of suspension initially applied will start to run again from the date of the breach of the ban.
  

(6) the period of suspension granted under the terms of paragraph 1. (5) may be reduced depending on the degree of guilt.
  

(7) during the period of suspension shall be withdrawn, partially or totally, the financial support provided by the signatories and the Member organizations of the applicants, except for doping violations involving a reduced sanction for specific substances.
  

(8) an athlete or other person within the athlete's Assistant staff, suspended for a period of more than four years after the expiry of the suspension period of 4 years can participate in local sports competitions, which are not under the jurisdiction of a signatory of the code only where that competition does not qualify him directly or indirectly, to participate in a national championship or international sports manifestation. "
  

46. Article 43 shall be amended and shall read as follows: Art. 43. — (1) where more than one member of a sports team has violated or is capable of committing one of the infringements referred to in article 1. 2 (2). (2) in connection with a sports team will undergo tests target established for that show.

(2) where more than 2 members of sports teams are found guilty of any of the infringements referred to in article 1. 2 (2). (2) during a sporting events, the organiser of the competition, in addition to sanction individual athletes involved, will penalize the team with disqualification and loss of points or any other sanction provided for in the regulations in force.
  

(3) in respect of those sports disciplines which do not provide for the existence of teams, but awarding shall be granted them, disqualification or other disciplinary measure taken against the team when one or more members have committed a violation referred to in art. 2 (2). (2), shall apply the rules of the respective International Federation. "
  

47. Articles 44, 45 and 46 shall be repealed.
48. In title II, the heading of chapter X shall be amended and shall read as follows: "Elimination of chapter X, reduction or freezing of the period of suspension" 49. Article 47 shall be amended and shall read as follows: Art. 47.-If an athlete or other person can demonstrate, in a particular case, that may be charged guilt or negligence, the period of suspension will be eliminated. "
50. According to article 47 shall be introduced eight new articles, articles 47-47 ^ 1 ^ 8, with the following content: "Art. 47 ^ 1. -Reduce the period of suspension on the basis of lack of guilt or negligence to significant in the following situations apply: a) for the specific substance or contaminated products, for the situations described in article 2. 2 (2). (2) (a). a), b) and (f));
  

b) where the athlete or other person proves lack of guilt or negligence in connection with a specific product or contaminated substance, the penalty will be at least a reprimand, until 2 years suspension from sport activity, depending on the degree of guilt.
  

Art. 47 ^ 2. -(1) the lack of guilt or negligence cannot be significant in relation to the provisions of art. 2 (2). (2) (a). e), g), (h) and (i))), the sanction which depending on the degree of guilt.

(2) for the conduct referred to in article 1. 2 (2). (2) (a). c), d) and (j)), in case of lack of guilt or negligence on significant period of suspension may be reduced but shall not be less than half the period of suspension.
  

Art. 47 ^ 3. -(1) where an athlete admits his own initiative committing the offence referred to in article 1. 2 (2). (2) (a). a) before receiving the invitation for the sampling, this recognition is the only proof of the infringement at the time of recognition, the period of suspension may be reduced, but it won't be less than one-half of the period of suspension be applied otherwise.

(2) where an athlete or a person on its own initiative recognizes that he has committed an act referred to in article 1. 2 (2). (2) (a). b)-h), before receipt of the notification according to art. 31, this recognition is the only proof of the infringement at the time, the period of suspension may be reduced, but it won't be less than one-half of the period of such suspension.
  

Art. 47 ^ 4. (1) If the athlete or other person within the athlete's Assistant staff assist substantially in discovery and/or proof of an infringement under article 4. 2 (2). (2) committed by another person, the hearing Committee may, before issuing a final decision, subject to appeal, or the period during which it may be brought, to freeze no longer than 3/4 of the period otherwise applicable, with the approval of the World Anti-Doping Agency and International Sports Federation.

(2) If the athlete or other person within the athlete's Assistant staff cease cooperation and provision of substantial support on which it was based initially freezing period of suspension, the Commission shall revoke the measure hearing freeze period of suspension.
  

(3) the measures provided for in paragraph 1. (2) it will be challenged in accordance with the provisions of art. 49.
  


Art. 47 ^ 5. -(1) in order to encourage athletes and other persons to assist relevant agency, at its request, the World Anti-Doping Agency may give consent in any stage of management results, including after a final decision contested; 49, with regard to the freezing of a period of suspension or suspension of some other consequences imposed on the athlete or other person who has committed or who is alleged to have committed a breach of the regulations of art. 2 (2). 2. (2) in exceptional circumstances, World Doping Agency cannot give consent to freezing a period of suspension or other penalties for suspension for a period greater than that provided for in art. 47 ^. (1) for the Elimination of the period of suspension and/or cancellation of the measure withdrawing cash or prizes of the measure for the application of fines.
  

(3) decisions taken by the World Anti-Doping Agency, relating to the provisions referred to in paragraph 1. (1) and (2), cannot be invoked.
  

Art. 47 ^ 6. (1) if the Agency freezes part of an otherwise applicable sanctions, it will submit a written justification of the decision by the entities referred to in article 1. 50 para. (1) in accordance with article 4. 35 ^ 4.

(2) in exceptional circumstances, the Agency may authorize the World Doping Agency to conclude agreements of confidentiality which restrict publication of agreements concluded with a view to providing substantial support or information on its nature.
  

Art. 47 ^ 7. -In the event that applies more for reducing a sanction, suspension period may be reduced or ice cream with more than 3/4 of the period.
Art. 47 ^ 8. -The athlete or person within the athlete's Assistant staff which could be the subject of a suspension for a period of 4 years, in accordance with art. and article 38. 39 in paragraph 1. (1) (a). the) if doping rules violation immediately recognizes who is declared guilty, may benefit from a reduction of the period of suspension up to a maximum of 2 years, depending on the degree of guilt, with the approval of the World Anti-Doping Agency. "
51. In title II, the heading of chapter XI is amended and shall read as follows: "CHAPTER XI rules for cases of repeated violations" 52. Article 48 is amended and shall read as follows: Art. 48. — (1) the period of suspension in the case of committing a second breach of doping regulations will be the longest period of the following: a) 6 months;
  

b) half the time imposed for the first violation, without taking into account the situations referred to in article 1. 47 ^ 3, art. 47 ^. (1), art. 47 47 ^ ^ 5 and 7;
  

c) twice the period of suspension for a second violation, as if it were a first violation;
  

d) suspended established pursuant to paragraph (1) may be reduced by applying art. 47 ^ 5.
  

(2) a third violation of the doping rules will determine the lifetime suspension always, except the application of art. 2 (2). (2) (a). d), art. 47 and 47 ^ 1, when the suspension will be for 8 years.
  

(3) in the case referred to in article sanctions. 38-40, a new breach referred to in article 1. 2 (2). (2) will be taken into consideration by the Agency for the application of sanctions only if the athlete or other person from among the staff of his assistant has this new infringement committed after being notified first.
  

(4) if the Agency cannot determine this, both the first and the second violation will be considered as one single and will apply the most severe sanction.
  

(5) where, after making a decision in the case of a first violation of the doping regulations, the agency discovers a new doping rules violation by the athlete or other person within the staff assistant, which took place before the reminder about the first violation of the hearing, the Commission will apply a penalty, on the basis of the sanctions that could be applied if the two violations would have been adjudicated at the same time.
  

(6) the athlete will be disqualified from all competitions, beginning with the date of the first violation, the results obtained by the athlete in competitions being invalidated.
  

(7) a violation of the doping rules, for which the athlete or other person can prove lack of guilt or negligence shall not constitute a breach of the provisions of this article.
  

(8) rules Violations doping must take place over a period of 10 years in order to be considered multiple violations. "
  

53. In title II, the heading of chapter XII shall be amended and shall read as follows: "CHAPTER XII Calls" 54. Article 49 shall be amended and shall read as follows: Art. 49. the following decisions may be challenged: a) Commission decisions of hearing athletes and staff assistant to the athletes who have violated doping regulations, relating to breaches of the provisions of art. 2;
  

b) Commission decisions of hearing athletes and staff assistant to the athletes who have violated doping regulations, taken in accordance with the provisions of art. 42 para. (5) and (6);
  

(c) the decision of the Agency) does not produce a positive result or an atypical result as a breach of doping regulations, pursuant to art. 28 para. (3) and (7);
  

d) decision not to act in case of violation of the rules after a doping investigation pursuant to article 13. 31;
  

e) decision provisionally ordered, pursuant to article 5. 35 ^. (1);
  

f) Commission decisions relating to the granting or not granting therapeutic use exemptions, in accordance with article 5. 19;
  

g) decision World Anti-Doping Agency not to grant an exemption from the obligation imposed on an athlete to announce return had come with 6 months in advance;
  

h) decision World Anti-Doping Agency to designate responsibility for managing their results, in the event of a dispute between the Agency and other doping organization;
  

I) decision to impose a provisional suspension as a result of a provisional hearing or a result of the fact that the Agency has not been complied with. 35 ^. (2);
  

j) decision issued in accordance with the provisions of art. 47 ^ 4;
  

k) agency decision not to recognise a decision taken by another organization, in accordance with the provisions of art. 23 para. (5)."
  

55. Article 50 is amended and shall read as follows: Art. 50. — (1) the decisions referred to in article 1. 49 lit. a)-g) and i)-k), taken in conjunction with a competition within a national sporting events involving athletes or national level, can be appealed to the Board of appeal, within 21 days from the date of communication by the following persons: (a) national level athletes) or other person who is the subject of the contested decision;
  

b) sports structure which belongs to the athlete, or other party in respect of which it was taken the decision challenged;
  

c) International Federation in charge, International Olympic Committee, the International Paralympic Committee;
  

d) country's doping organization home with the person/Athlete;
  

e) Agency;
  

f) World Anti-Doping Agency.
  

(2) the decisions referred to in article 1. 49 lit. h) can be appealed to the Court of arbitration for sport in Lausanne, Switzerland, hereafter CAS within 21 days after the last day on which any party could call formula, by the following Parties: (a) national-level athlete) or international which is the subject of the contested decision;
  

b) sports structure which belongs to the athlete;
  

c) International Federation in charge, International Olympic Committee, the International Paralympic Committee;
  

d) country's doping organization home with the person/Athlete;
  

e) Agency;
  

f) World Anti-Doping Agency.
  

(3) the decisions referred to in article 1. 49 lit. I) may be appealed to CAS by the World Anti-Doping Agency, within 21 days after the last day on which any party could appeal or within 21 days of the receipt by it of all the documents relating to the case solved. "
  

56. After article 50 shall be introduced seven new articles, articles 50-50 ^ ^ 1-7, with the following content: "Art. 50 ^ 1. -(1) the procedure of resolution of complaints pursuant to article 114. 49 takes place within the Commission, with due regard to the following rights: the right to a hearing) in a timely, fair, impartial and independent;
  

b) entitled to be represented at its expense;
  

(c) the right to a decision) in written form, motivated, dated and communicated in timely fashion.
  

(2) the decisions referred to in article 1. 49 lit. a)-h) and (j))-k) can be challenged by the World Anti-Doping Agency directly to CAS, it not being obliged to travel inland from the jurisdiction of the Agency, CAS judging cause in all aspects.
  

Art. 50 ^ 2. (1) decisions of the Board of appeal can be appealed to CAS by the entities referred to in article 1. 50 para. (1) (a). a)-f) within 21 days after the date of such communication.

(2) the World Anti-Doping Agency may appeal against decisions of the Board of appeal at CAS within 21 days after the last day on which any party could appeal or within 21 days of the receipt by it of all the documents relating to the case solved.
  


Art. 50 ^ 3. (1) decisions of the Board of hearing. 49 lit. a)-d), f)-g) and i)-k), taken in connection with an international-level athlete are contested solely to CAS by the entities referred to in article 1. 50 para. (2) (a). a)-f) within 21 days after the date of such communication.

(2) decisions of the Board of hearing. 49 lit. a)-g) and i)-k), taken in connection with an international-level athlete are contested solely to CAS by the World Doping Agency, within 21 days after the last day on which any party could appeal to CAS, or within 21 days of the receipt by it of all the documents relating to the case solved.
  

Art. 50 ^ 4. -The decisions referred to in articles. 49 lit. e) can be appealed directly to the CAS only by international athletes against whom the sanction has been imposed a provisional suspension.
Art. 50 ^ 5. -(1) where the Commission hearing to athletes and staff assistant to the athletes who breached doping rules in the proceeding of the hearing, did not issue a decision within the time limit provided for in art. 33 para. (3) the World Anti-Doping Agency can make opposition to CAS.

(2) where the CAS determines that was perpetrated in violation of the doping rules and that the World Anti-Doping Agency had acted correctly in choosing to make the opposition, charges by the World Anti-Doping Agency in dealing with the opposition will be borne by the Agency.
  

Art. 50 ^ 6. -The decisions challenged retains its effects during the procedure call, except that the Board of appeal, respectively, decide to suspend them.
Art. 50 ^ 7. -The Agency will communicate the decision to the Board of appeal of the athlete or other person within the athlete's Assistant staff or any organization who would be entitled to appeal. "
57. In title II, the heading of chapter XIII is amended and shall read as follows: "CHAPTER XIII obligations of national sports structures and the Romanian Olympic Committee and sports ' 58. Article 51 is amended and shall read as follows: Art. 51. — (1) the National Sports Federations are required to modify and supplement the Statute and regulations consistent with the provisions of this law, the regulations of the code, international sports federations and with detailed rules on the Organization and conduct of doping control.

(2) National Sports Federations, clubs, professional leagues or the school and University Sport Federation are required to bear the costs of laboratory analyses in the case of a positive result. "
  

59. Article 52 shall be amended and shall read as follows: Art. 52. (1) National Sport Federations are obliged to inform the Agency, within the time limit set by it, detailed information on domestic and international sports calendar, as well as plans for the preparation of their athletes and teams, stating the exact locations and office hours, as well as the list of athletes of the national/international level appointed by the Agency and their addresses.

(2) National Sports Federations are required to communicate to the Agency at least 5 days before any change occurs in the sporting calendar or plan in preparation.
  

(3) National Sports Federations, leagues, clubs, School and University Sports Federation and Olympic Committee Sport and English are required to designate a person responsible for the activity of doping. "
  

60. According to article 52 are introduced seven new articles, articles 52-54 ^ 1 ^ 7, with the following content: "Art. 52 ^ 1. -Sports clubs, professional leagues and the Romanian Olympic Committee and sports are required to comply with the provisions of art. 51 and 52.
Art. 52 ^ 2. -(1) in order to protect the health of athletes and to the prevention of doping in sport, the national sports federations, sports clubs and professional leagues are required to provide in the annual budget amounts intended for testing doping of athletes.

(2) failure to comply with the provisions of paragraphs 1 and 2. (1) is subject to and is sanctioned with a fine of 10,000 to 30,000 lei lei.
  

(3) in order to protect the health of athletes and to the prevention of doping in sport, the national sports federations, sports clubs, professional leagues and staff assistant to the athletes are required to conduct doping education programs in partnership with the Agency.
  

Art. 52 ^ 3. (1) implementation of the sanctions of athletes or staff assistant to the athletes is the responsibility of the federations, leagues, clubs or in accordance with the provisions of this law, as well as of the international regulations in force.

(2) Failure by the federations, leagues, clubs or School and University Sport Federation of the obligations referred to in paragraph 1. (1) except as provided for in art. 52 ^ ". (1) subject to and constitutes shall be imposed with a fine from 5,000 to 30,000 lei lei, the withdrawal of any financial support from the State budget, the temporary suspension of the certificate of identity or deletion from the register sports athlete.
  

Art. 52 ^ 4. -(1) the introduction of the athletes are in the period of suspension in competitions or sporting events by the national sports federations, clubs and professional leagues constitutes contravention times and be sanctioned with fines from 7,500 to 30,000 lei lei, as well as the withdrawal of any financial support from the State budget, the temporary suspension of the certificate of identity or deletion from the register sports athlete.

(2) the designation to be subjected to the test of a person that doping does not constitute irregularity of quality sports and is sanctioned with a fine from 5,000 to 30,000 lei lei.
  

Art. 52 ^ 5. -(1) sports clubs and professional leagues which have been sanctioned for doping is sanctioned with contraventional fine from 5,000 to 30,000 lei lei.

(2) failure to comply with the provisions of art. 34 constitutes contravention and shall be sanctioned with a fine of from 1,500 to 2,500 lei lei.
  

(3) failure by athletes or staff assistant to suspended. 42 para. (1) and (2) are subject to and shall be sanctioned by a fine from 5,000 to 10,000 lei lei.
  

(4) failure to comply with the provisions of art. 52 constitutes contravention and shall be sanctioned with a fine of 5,000 lei at 15,000 lei.
  

(5) the determination, by any means whatsoever, by any person who has authority over the sportsman, to the consumption of prohibited substances, in order to increase performance capacity, are subject to and shall be sanctioned with a fine of from 7,500 to 15,000 lei lei.
  

(6) If no contravention Constitutes was committed under such conditions as to constitute the offence under the law, violation of doping regulations by sportsmen and Assistant staff is sanctioned with contraventional fine from 2,000 lei to 6,000 lei.
  

(7) If the Act referred to in paragraph 1. (6) was perpetrated by staff assistant of a minor sport, is sanctioned with contraventional fine from 3,000 to 9,000 lei lei.
  

(8) the athlete who had violated doping rules, where the maximum penalty for the offence of which, in accordance with the present law, shall be punished with a fine from 1,000 to 3,000 lei lei, depending on the period of suspension.
  

(9) the finding of violations and sanctions are carried out by personnel specifically authorized within the Agency.
  

Art. 52 ^ 6. -(1) the Offender may pay on the spot or within a maximum period of 48 hours from the date of conclusion of the times report, if applicable, from the date of its communication, one half of the minimum fine provided for in article 10. 52 ^ 2 (2). (2), art. 52 ^ 3 para. (2), art. 52 52 ^ ^ 4 and 5, the agent discovered making mention of this possibility in the minutes.

(2) the Offences referred to in articles. 52 ^ 2 (2). (2), art. 52 ^ 3 para. (2), art. 52 52 ^ ^ 4 and 5 apply to them the provisions of Ordinance No. 2/2001 relating to the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented.
  

(3) Notwithstanding the provisions of Ordinance No. 2/2001, approved with amendments and completions by law No. 180/2002, as amended and supplemented, the fines imposed on the basis of the present law shall be levied by the Agency and the amounts will be used for the prevention and control of doping in sport.
  

(4) the allocation of the amounts referred to in paragraph 1. (3) will be governed by the judgment of the Government.
  

Art. 52 ^ 7. -Where the substances discovered in the course of doping control and under law No. 143/2000 on preventing and combating trafficking in human beings and illegal drugs consumption, republished, with subsequent amendments and additions, or Government Emergency Ordinance nr. 121/2006 relating to the legal regime of drug precursors, as amended by law No. 186/2007, as amended, the Agency is required to notify the National Antidrug Agency and the prosecution. "
61. In title II, chapters XIV, XV and XVI shall be repealed.
62. Article 73 shall be amended and shall read as follows:

"Art. 73. — (1) to inform and educate staff involved in sports activities, all institutions of higher education of physical education and sport in the country and the National Center for training and training Coaches included in the programmes of educational courses for the presentation of national and international regulations, doping and doping strategy.

(2) educational institutions shall introduce into the educational curriculum and extracurricular activities that provide information on doping.
  

(3) all providers of training for trainers of the athletes entered in the occupational standard doping education courses. "
  

63. Article 80 shall be repealed.
64. According to article 81 shall be inserted a new article, article 82, with the following content: "Art. 82.-the provisions of this law shall be supplemented by the provisions of the World Anti-Doping Code and shall be construed in accordance with it. "


Article II (1) within 6 months after the date of entry into force of the present law, sports administrators are obliged to organise doping control stations, in conformity with the provisions of art. 25 para. (1) of law No. 227/2006 on preventing and combating doping in sport, republished, with amendments and additions made by this law.
  

(2) failure to comply with the provisions of paragraphs 1 and 2. (1) is subject to and is sanctioned with a fine from 1,000 to 10,000 lei lei.
  


Article III suspended, where acts of a second violation of the doping regulations, when the first breach was punished before 1 January 2015, will be determined under art. 48 para. (1) of law No. 227/2006, republished, with amendments and additions made by this law and the reference to article 3. 48 para. (1) (a). c) of law No. 227/2006, republished, with amendments and additions made by this Bill, it will take into account the sanction applicable pursuant to the provisions of this law.


Article IV of the law. 227/2006 on preventing and combating doping in sport, republished in the Official Gazette of Romania, part I, no. 147 of 27 February 2014, with amendments and additions made by this Bill, will the Republic Official Gazette of Romania, part I, posing a new texts.


Article V article 19 of law No. 104/2008 on preventing and combating the illicit production and trafficking of doping substances with high risk, republished in the Official Gazette of Romania, part I, no. 451 of 28 June 2011, with amendments and additions thereto, shall be amended and shall read as follows: Art. 19.-Manufacture, preparation, processing and transformation of synthetic anabolic steroids, testosterone and its derivatives, erythropoietin, growth hormones and chemicals that enhance the natural production and release of testosterone or growth hormone, without law, constitutes contravention and shall be sanctioned with a fine of 30,000 lei at 15,000 lei. "
This law was adopted in the Romanian Parliament, in compliance with the provisions of art. 75 and of art. 76 para. (1) of the Constitution of Romania, republished.
p., PRESIDENT of the CHAMBER of DEPUTIES SENATE PRESIDENT AHMED CĂLIN CONSTANTIN ANTON POPESCU-TĂRICEANU-Bucureşti, 8 October 2014.
No. 128.
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