Law No. 227 Of 7 June 2006 (Republished) On Preventing And Combating Doping In Sport *)

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

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LAW no. 227 of 7 June 2006 (republished ** **) (* updated *)
on preventing and combating doping in sport **)
(updated until June 30, 2016 *)
Issued



PARLIAMENT
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Note



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**
) Republished under art. III of Law no. 243/2015 amending and supplementing Law no. 227/2006 on preventing and combating doping in sport, published in the Official Gazette of Romania, Part I, no. 793 of 26 October 2015 texts shall be renumbered.

Law. 227/2006 on preventing and combating doping in sport has been republished in the Official Gazette of Romania, Part I, no. 147 of 27 February 2014 and has been amended by Law no. 128/2014 amending and supplementing Law no. 227/2006 on preventing and combating doping in sport and amending Law no. 104/2008 on preventing and combating illicit production and trafficking of doping substances with high risk, published in the Official Gazette of Romania, Part I, no. 744 of 13 October 2014.

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General Provisions Title I

Article 1


(1) This law regulates the prevention and fight against doping in sport.


(2) According to the Convention against doping regulations, adopted by the Council of Europe in Strasbourg on November 16, 1989, ratified by Law no. 171/1998, the International Convention against Doping in Sport, adopted by the General Conference of United Nations Educational, Scientific and Cultural Organization in Paris on 19 October 2005, supported by Law no. 367/2006, World Anti-Doping Code, developed by the World Anti-Doping Code hereinafter be prohibited doping in sport of ethical and medical reasons.


(3) examination of the facts and legal aspects of a case of violation of anti-doping regulations, jurisdiction to hear cases have only sport courts, the court of final instance the Court of Arbitration for Sport in Lausanne.


Article 2


(1) Doping in sport means one or more anti-doping rule violations provided in par. (2).


(2) constitute violations of anti-doping regulations following facts:


A) the presence of a prohibited substance or its metabolites or Markers in a biological sample from an athlete;


B) Use or Attempted Use of a Prohibited Substance or a Prohibited Method;


C) avoidance, denial or unreasonable failure to sampling;


D) infringement 3 times in a 12 month period, the regulations regarding Athlete availability for doping out of competition, including failure of the Athlete's obligation to provide information on its location and regulations on tests not performed according to the international Standard for testing and investigations World Anti-Doping Agency, including any combination of 3 such violations within a period of 12 months;


E) forging any part of doping control, including, without limitation, intentionally obstruct or attempt to obstruct a doping control officer, providing false information to an anti-doping or intimidating or attempting to intimidate a possible witness;


F) possession of substances and / or prohibited methods;


G) trafficking or attempted trafficking in any substance and / or prohibited methods;


H) administration of an athlete in competition and / or out of competition of any substance and / or prohibited methods;


I) by aiding assisting, encouraging, aiding, abetting, covering or any other type of complicity involving an intentional violation or attempted violation of an anti-doping, including the introduction of an athlete competes during the suspension;


J) the association between an athlete and a person who has suffered a suspension as a result of involvement in a case of violation of anti-doping rules or has been convicted on a professional procedures, disciplinary or criminal proceedings for an act that would have violated anti-doping rules, only after the athlete or athlete support personnel has been notified in writing.


Article 3


Purposes of this law, terms and expressions below are defined as follows:

1. ADAMS - system administration and management doping management tool database using the Internet for entering, storage, dissemination and reporting of information designed to help beneficiaries and the World Anti-Doping operations anti-doping in accordance with the law in force concerning the processing of personal data;
2. administration - provision, supply, supervision, facilitating or participating in any other way use by another person of a prohibited substance and / or prohibited methods;
March. substantial aid - effective support provided by an athlete or a person within the athlete support personnel by providing information through a written statement and to produce evidence, including deposition testimony and providing reliable information for the discovery of a case and establish a violation by another person within the athlete or athlete support personnel;
4. provisional hearing - hearing brief that occurs before the hearing referred to in art. 47, oral or written, in which the athlete is made aware of the result found anti-doping regulations violated their rights and obligations incumbent;
May. National Olympic Committee - an organization recognized by the International Olympic Committee;
June. competition - a single race, match, game or singular athletic contest;
July. financial consequences - financial sanction imposed following an anti-doping rule violation or ordered by the Court of Arbitration for Sport, to recover the costs associated with it;
August. Doping control - process including providing information on the location of athletes, distribution planning tests, sampling and handling of biological samples, transport of samples to the laboratory, laboratory analysis, Therapeutic Use Exemptions (TUEs), results management, hearings and appeals;
September. No advance notice doping control - a doping control which takes place with no advance warning to the athlete and the athlete is accompanied at all times since the announcement and to sample provision;
10. UNESCO Convention - the International Convention against Doping in Sport, adopted at the 33rd session of the UNESCO General Conference of 19 October 2005, including all amendments adopted by the States Parties to the Convention and the Conference of Parties to the International Convention against Doping in Sport;
11. disqualification - invalidation Athlete's results in a particular Competition or Event with all resulting consequences including forfeiture of any medals, points and prizes;
12. holding - exclusive possession or control of the substance or prohibited method;
13. forgery - change with a goal incorrectly by action incorrect, obstructing, misleading, or any fraudulent conduct in order to alter the test results doping or impede the normal procedures for testing doping and providing false information to the Agency;
14. public information and reporting - Disclosure regarding the violation of an anti-doping in accordance with art. 55;
15. competing - period beginning 12 hours before a competition in which the athlete is scheduled to participate until the end of the competition and the process of sampling linked to that competition, unless otherwise provided in the rules of an international federation or a national anti-doping organizations other;
16. out of competition - any doping test is not performed in competition;
17. lack of guilt or negligence - The Athlete of the fact that he knew or suspected nor had the opportunity to know or to suspect, even by exercising the utmost caution, that used or that i have administered substances or prohibited methods or in another manner that violated anti-doping rules;
18. lack of guilt or negligence significant - demonstrate the Athlete's that guilt or negligence that showed was not significant in terms of violation of anti-doping rules, when considering the circumstances and taking into account the criteria set for them;
19. Prohibited list - a list that names prohibited substances and methods;
20. instead of sporting events - location as decision-making body of an event;

21. lot Registered Testing - sample consists of elite athletes established separately by each International Federation and National Anti-Doping athletes are subject to testing Doping in and out of competition as part of the plan of distribution of the tests belonging to the organization or federation those international and they are required to provide location information in accordance with the Code and international Standard for testing and investigations;
22. sports events - series of individual Competitions conducted together by a single decision-making body;
23. international sporting events - sports events in which the International Olympic Committee, International Paralympic Committee, an International Federation, an organization that organizes major sports events or other international sports organization responsible for sports events or official name for it;
24. National sports events - sports events involving the participation of national and international athletes that is not an international sporting events;
25. marker - a compound, group of compounds or biological parameters that indicates the use of prohibited substances or methods;
26. metabolite - any substance produced by a process of metabolism, biodegradation;
27. Prohibited method - any method so described on the Prohibited List;
28. Doping control officer - a person certified by the Ministry of Labor, Family, and Social Protection, which is based on delegation issued by the National Anti-Doping Agency, responsible for managing on-site meeting sampler;
29. Official blood sampling - doping control officer is authorized and medically qualified to perform venipuncture, obtained according to the law;
30. organizer of major sports events - continental associations of National Olympic Committees and other international multi-disciplinary sport, which acts as the ruling body for any continental sports events, regional or international;
31. Anti-Doping Organization - Signatory responsible for adopting rules for initiating, implementing or enforcing any part of doping control, which may include International Olympic Committee, the International Paralympic Committee, other organizations that organize sports events that conduct Testing at these events sports, World anti-doping Agency, international federations and national anti-doping organizations;
32. national anti-doping organization - an entity designated by each country, with primary authority and responsibility at the national level to adopt and implement anti-doping regulations, to conduct sampling activities, results management and hearing procedures;
33. regional organization doping - entity regionally designated by member states to coordinate and manage the areas delegated from national programs doping thereof, which may include the adoption and implementation of anti-doping rules, planning and sampling, management results, examining exemptions for therapeutic use, conduct hearings and coordinate regional educational programs;
34. participant - any athlete or athlete support staff member;
35. biological passport Athlete - program and the methods by which information is collected and reported in accordance with international standards of the World Anti-Doping Agency;
36. sporting event period - the time between the beginning and end of sporting events set by the body that coordinates the event;
37. person - natural or legal person and any other entity;
38. Athlete support personnel - any coach, trainer, manager, agent, team staff, official, personal medical or paramedical, parent or any other person working, treat or assist the athlete participating or preparing to participate in sports competitions;
39. possession - if the person has sole or intends to exercise control over the substance and / or prohibited method; purchase, including by electronic means or any other means of substances and / or methods banned by a person, constitutes possession;
40. bioassay - Any biological material collected to be subjected to doping control;
41. contaminated product - a product containing a banned substance and is not listed on the product label;

42. Independent Observer program - team of observers, under the supervision of the World Anti-Doping Agency, which observes and provides guidance on the Doping Control process at certain Events and report on their observations;
43. atypical result - a report from a laboratory or other entity recognized by the World Anti-Doping Agency, which requires further investigation under the provisions of the International Standard for Laboratories before determining the existence of a positive result;
44. positive result - a report from a laboratory or other entity approved conducting tests that identify, in a biological sample, the presence of a prohibited substance, its metabolites or markers his, including elevated quantities of endogenous substances or evidence of the use of prohibited methods;
45. positive outcome passport biological - Report prepared following the procedure set out in Technical document or technical instructions, which shows that the analytical results examined are atypical compared to a normal physiological state or underlying known and are comparable to use of a substance and / or prohibited methods;
46. Therapeutic Use Exemption (TUE) - approval for therapeutic use of substances and / or methods banned athletes who have a proven medical condition;
47. Signatories - entities are signatories to the Code, which conform to its provisions;
48. team sport - a sport in which replacement players is permitted during the course of competitions;
49. individual sport - any sport that is not team sport;
50. sports - any person who participates in sport at the international level, as defined by each international federation, or any person who participates in sport at national level, legitimized in a sports club affiliated to a sports federation national and any other person participates in sport at a lower level. This definition includes practitioners at recreational sport, that they have no obligation to provide information on their location and request Therapeutic Use Exemption (TUE);
51. national sports - sports that compete in a sporting discipline nationally defined set by each national anti-doping organization, in compliance with the International Standard for Testing and investigations;
52. International sports - athlete who competes internationally in a sport, as defined by each international federation, in compliance with the International Standard for Testing and investigations;
53. international standard - a standard adopted by the World Anti-Doping Agency, which contains technical details necessary to implement the provisions of the Code;
54. strict liability - the rule that, according to art. 2 para. (2) a) and b) to establish an anti-doping violation is not necessary that the anti-doping organization to prove intent, culpability, negligence or knowingly use of substances and / or methods banned by sport;
55. prohibited substance - any substance so described on the Prohibited List;
56. specific substances - all prohibited substances, except substances in the classes of anabolic agents, hormones and certain hormones and antagonists and modulators incentives and methods prohibited, as identified in the Prohibited List, International Standard of the World Anti-Doping Agency;
57. suspension - stopping the athlete or his assistant personnel for a period of time from participating in any competitions, exercise of an activity related to sport, and suspending funding under art. 61 para. (9);
58. Provisional Suspension - temporarily stopping athlete or a person within the athlete support personnel suspected of one of the violations provided in Art. 2 para. (2) from participating in any competition until the final decision;
59. attempt - employment intentional conduct which constitutes an important step in carrying out an action with the aim of committing one of the offenses referred to in Art. 2 para. (2);
60. therapy - treatment of a medical condition or therapeutic agents or methods that help healing;
61. Target testing - selection of athletes for testing based on criteria set out in the International Standard for Testing and investigations;
62. doping test - part of the process of conducting the Doping Control requires test distribution planning, biological sampling, their handling and transport of samples to the laboratory;

63. Traffic - selling, giving, transporting, sending, bringing or distribution or possession, one of the purposes here referred to a third party, a substance and / or methods banned by any means, by an athlete Athlete support personnel or any other person under the jurisdiction of an anti-doping;
64. use of prohibited substances or methods - application, ingestion, injection or consumption by any means of any prohibited substances or methods;
65. guilt - any breach of duties or any lack of due care in accordance with a particular situation.



Title II of the anti-doping organization nationally


I
Chapter National Anti-Doping Agency

Article 4


(1) In order to combat the phenomenon of doping in sport operates the National Anti-Doping Agency, hereinafter the Agency, public institution with legal personality, decision-making and operational autonomy doping activity and scientific research in the field, under the Government coordinated by the Prime Minister through the Office of the Prime Minister, financed from its own revenues and subsidies from the state budget through the budget of the Government General Secretariat, with headquarters in Bucharest, bd. No Bessarabia. 37-39, Sector 2.


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Alin. (1) art. 4 was amended by sub point. 1 of the section. IX, art. 8 of the Emergency Ordinance no. 40 of June 28, 2016 published in the Official Gazette no. 490 of 30 June 2016.

(2) Agency staff and contract staff shall be remunerated at the level provided for the apparatus of the Government.


Article 5


(1) Doping Control Laboratory is organized as a public institution with legal personality independent analytically, financial, scientific and operational towards the Agency and any sport structure, under the coordination of the Government and the Prime Minister through the Office Prime Minister financed from own revenues and subsidies from the state budget, the budget of the Secretariat General of the Government, by eliminating doping laboratory research and Directorate within the National Anti-Doping and takeover activity.


(2) The powers, organization, operation, number of positions and organizational structure of the Doping Control Laboratory shall be established by Government decision.


(3) Heritage Doping Control Laboratory is constituted of all property rights and obligations assumed by the National Anti-Doping Laboratory related to the activity undertaken by the Agency.


(4) takes doping control laboratory at the National Anti-Doping based protocol handover heritage related research and laboratory doping Directorate, established based on financial statements prepared according to art. 28 para. (1 1) of the Accounting Law no. 82/1991


, Republished, as amended and supplemented.

(5) Fixed assets and inventory items under premises located in the headquarters of the National Anti-Doping used by the Doping Control Laboratory are taught based protocol handover between manager and chairman of the Doping Control Laboratory Agency national Anti-Doping Agency.


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Art. Of point 5 was changed. 2 of section. IX, art. 8 of the Emergency Ordinance no. 40 of June 28, 2016 published in the Official Gazette no. 490 of 30 June 2016.

Article 5 ^ 1


(1) Doping Control Laboratory staff is contractual staff and is remunerated at the level provided for the apparatus of the Government.


(2) Personnel Directorate doping laboratory research and is taken up by the Doping Control Laboratory, respecting existing labor rights since the takeover and other rights provided by law for this category of staff.


(3) Laboratory acquires all rights and obligations arising from the activities undertaken by the Agency, including those resulting from contracts of employment of agency staff over par. (2) compliance with the provisions of the Labour Code.


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Art. 5 ^ 1 was introduced by sub point. 3 of the section. IX, art. 8 of the Emergency Ordinance no. 40 of June 28, 2016 published in the Official Gazette no. 490 of 30 June 2016.

Article 6


Agency has the following objectives:

A) preventing and combating the phenomenon at national doping by adopting and implementing anti-doping policies and regulations in accordance with this Law;



B) encouraging a clean sport, to protect the health of athletes and the principles of fair play in sport;


C) design and development of studies and research projects sociological, behavioral, juridical and ethical investigations carried out in medical biochemistry, analytical and physiological;


D) preventing and combating illicit production and trafficking of doping substances with high risk;


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


F) institutional development to implement policies in the field.


Article 7


To achieve the objectives laid down in art. 6 Agency performs the following tasks:
1. National Anti-Doping develop strategy in accordance with the objectives and provisions of the Code, international standards, the Convention against doping regulations, adopted by the Council of Europe in Strasbourg on November 16, 1989, ratified by Law no. 171/1998, and the UNESCO Convention;
2. initiate draft laws to harmonize national legislation with international anti-doping in the field;
March. responsible for carrying out doping tests and provide results management and hearing procedures;
4. develop and maintain the plan of distribution of doping tests in accordance with the Code and International Standard for Testing and investigations;
May. investigates atypical results and data atypical athlete biological passport;
June. investigating any other information derived from analysis or other sources, or data indicating violation of one or more anti-doping rules in order either to exclude suspicion of violation of rule / rules, either to strengthen evidence to support the initiation of proceedings an anti-doping violation;
July. initiate, promote and / or financial support, as appropriate, educational programs and prevention of doping in sport;
August. organizes and carries out doping controls in competition and out of competition;
September. provides concrete measures to penalize doping in sport;
10. initiates, supports financially and / or encourages programs to promote fair play in sport;
11. encourages sports structures, Ministry of Youth and Sports and the Romanian Olympic and Sports Committee in adopting coherent and uniform testing programs;
12. working with the authorities and public institutions, government organizations and national and international NGOs involved in these tasks;
13. propose specific measures and cooperate with public authorities and institutions for the purposes of intensifying the fight against illicit trafficking of substances and / or prohibited methods;
14. initiates approval and review * Prohibited List) in accordance with the World Anti-Doping Agency's list;

Note



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*) See Law no. 129/2014 approving the Prohibited List International Standard for 2014, published in the Official Gazette of Romania, Part I, no. 740 of 10 October 2014 and the Order of the President of the National Anti-Doping nr. 224/2015 approving the Prohibited List for 2016, published in the Official Gazette of Romania, Part I, no. 802 of 28 October 2015.

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15. updated in collaboration with the Ministry of Health and the National Agency for Medicines and Medical Devices, and publish a list with pharmaceutical specialties approved and marketed in Romania which are made up of substances and / or prohibited methods;
16. prepares national plan annual testing, in competition and out of competition, and we provide the Agency with the World Anti-Doping Agency, at its request, prepares lot Registered Testing and keep track of the locality athletes, according to the International Standard for Testing and Investigations Agency World Anti-Doping Agency;
17. ensures the organization and functioning of commissions referred to in Art. 14 para. (1);
18. approved therapeutic use exemptions for athletes nationwide, upon written request them, according to the procedure outlined in the International Standard for granting therapeutic use exemptions (TUEs) Agency World Anti-Doping Agency and keeps Therapeutic Use Exemption (TUE ) for athletes worldwide;
19. World Anti-Doping Agency communicate and international federations specialized cases of violations of anti-doping regulations managed and requests for therapeutic use exemptions (TUEs) for national level athletes;

20. develop norms for organizing and conducting doping control;
21. courses for training and improvement of doping control officers;
22. organize training courses for instructors of anti-doping bodybuilding and fitness rooms;
23. submit an annual report to the Government and Parliament;
24. periodically, with sporting structures, actions on information, prevention and the fight against doping in sport;
25. initiates, promotes and carries out scientific research;
26. develop rules for use of the Agency's revenue for the categories of expenditure shall be made for implementing measures to prevent and combat doping in sport, as well as the prevention and combating illicit trafficking of substances included in the Prohibited List and submitted to the Government for approval, by decision;
27. endorsed dietary supplements have notice of the marketing for use by athletes;
28. prepares and carries out education annual plan of doping;
29. publishes yearly statistical report on doping control activities undertaken copy of which is communicated to the World Anti-Doping Agency;
30. collect, store, process or disclose personal data about sports and others when necessary and applicable anti-doping activities in accordance with the Code and national legislation.

Article 8


Agency has the obligation to pay fees set by international governmental and nongovernmental organizations, undertaken by Law no. 171/1998 and the International Convention against Doping in Sport, adopted by the General Conference of United Nations Educational, Scientific and Cultural Organization in Paris on 19 October 2005, supported by Law no. 367/2006.

Article 9


Public radio and television make available, free airtime Agency a minimum of 30 minutes per month, of which 50% in prime time for the broadcasting of educational and promotional materials in to prevent and combat doping in sport.

Article 10


(1) In addition Agency Board operates as an advisory body.


(2) Management Agency is managed by a President appointed for a period of 5 years, by decision of the Prime Minister, from specialists in the field, on the basis that the requirements of professional and managerial skills, as well as the criterion political independence and the independence of sports bodies.


Article 11


(1) Agency Board consists of 9 members, as follows:


A) President;


B) four representatives of the working apparatus of the Government;


C) a representative of the Ministry of Youth and Sports minister appointed from among its employees;


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


E) a representative of the athletes appointed by the Romanian Olympic and Sports Committee;


F) a representative of the national sports federations, designated by the Romanian Olympic and Sports Committee.


(2) Powers of directors are established by Government decision.


(3) Activity Board is headed by a president, who is also President of the Agency.


(4) The members of the Board of Directors is 5 years.


(5) Board members are bound by professional secrecy and sign statements of confidentiality and conflict of interest.


(6) The Board shall hold regular monthly meetings and extraordinary meetings whenever necessary, at the request of the president or at least two thirds of its members.


(7) Convening Board is made at least 5 working days before the meeting and will include obligatory agenda and documentation.


(8) The decisions of the Board are adopted by a vote of at least two thirds of its members.


(9) Board members who attend meetings, except the President, shall receive the meeting allowance of 20% of the monthly allowance of the President. The total amounts due to a member of the Board of Directors due to attendance at meetings may not exceed one month 20% of the monthly allowance of the President.


Article 12


(1) The members of the Board of Directors terminated earlier as provided below:


A) the renunciation of membership;



B) transferring in another public authority or institution;


C) imposition of a disciplinary sanction;


D) failure to fulfill his obligations;


E) loss of quality for which they were appointed;


F) death;


G) removal from office by the appointing authority.


(2) In cases under par. (1) shall appoint a new representative, whose mandate lasts until the expiry of the mandate of the place that was called.


Article 13


(1) President of the Agency has the rank of secretary of state and is assisted in its work by a vice president with the rank of undersecretary of state, appointed for a period of five years, under the law, by decision of the Prime Minister, on the basis that the requirements of professional and managerial skills, as well as the criterion of political independence and the independence of sports bodies.


(2) In exercising its powers Agency President issues orders and instructions.


(3) orders and instructions issued by the Chairman of the normative character are published in the Official Gazette of Romania, Part I.


Article 14


(1) In addition Tour consists Commission to grant exemptions for therapeutic use, the Commission hearing by athletes and athlete support personnel who have violated anti-doping rules and Board of Appeal.


(2) The composition and powers of committees in para. (1) approved by order of the President of the Agency *).


Note



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*) See Order of the President of the National Anti-Doping nr. 47/2014 for the approval of the organization and functions of the hearing by athletes and athlete support personnel who have violated anti-doping regulations published in the Official Gazette of Romania, Part I, no. 168 of 10 March 2014.

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(3) Members of the Board in para. (1), participating in meetings, receive meeting allowance of 20% of the monthly allowance of the President. The total amounts due to a member of committees as a result of their attendance at meetings, not in a month exceed 20% of the monthly allowance of the President.


(4) For work done by committees in para. (1) There is a fee the amount of which is determined annually by decision of the Board, approved by order of the President of the Agency, published in the Official Gazette of Romania, Part I.


Article 15


(1) current and capital expenditures of the Agency shall be provided from own revenues and subsidies from the state budget, the budget of the Secretariat General of the Government.


(2) Prices for training and retraining of officers doping control and testing nutritional supplements tariffs are set by order of the President of the Agency **).


Note



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**) See Order of the President of the National Anti-Doping nr. 250/2013 approving the tariff for training and further doping control officers, published in the Official Gazette of Romania, Part I, no. 370 of 21 June 2013.

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Article 16 ***)

Note



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***) See the Framework Law no. 284/2010 regarding the unitary remuneration of personnel paid from public funds, published in the Official Gazette of Romania, Part I, no. 877 of 28 December 2010, as amended and supplemented, and the Government Emergency Ordinance no. 57/2015 regarding the salaries of staff paid from public funds in 2016, the extension of deadlines and fiscal measures, published in the Official Gazette of Romania, Part I, no. 923 of 11 December 2015.

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(1) Employees who have seniority in the Agency for at least 2 years Stability receive a pay rise of 5% calculated on the basic salary.


(2) For each year of service, exceeding the threshold of 2 years, the percentage referred to in para. (1) was added by 3 percent.


(3) increased stability, granted under par. (1) and (2) may not exceed 20% of the basic salary.


(4) increased stability is awarded 1st of the month following that age was fulfilled in para. (1) and (2).


(5) Gain stability is granted to persons not employed after retirement.



Article 17 ***)

Note



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***) See the Framework Law no. 284/2010 regarding the unitary remuneration of personnel paid from public funds, published in the Official Gazette of Romania, Part I, no. 877 of 28 December 2010, as amended and supplemented, and the Government Emergency Ordinance no. 57/2015 regarding the salaries of staff paid from public funds in 2016, the extension of deadlines and fiscal measures, published in the Official Gazette of Romania, Part I, no. 923 of 11 December 2015.

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(1) The Agency's staff, because it is subject to the profile work at a very high mental stress and health risks due to handling biological samples of blood and urine, benefiting from an increase in the amount of up to 25% calculated on the basic salary under the law.


(2) categories of contractual staff, increment amounts provided in par. (1) and conditions for granting it shall, within the limits prescribed by law, administrative act of the principal loan, the classification in personnel costs set out in the approved budget.



Article 18 ***)

Note



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***) See the Framework Law no. 284/2010 regarding the unitary remuneration of personnel paid from public funds, published in the Official Gazette of Romania, Part I, no. 877 of 28 December 2010, as amended and supplemented, and the Government Emergency Ordinance no. 57/2015 regarding the salaries of staff paid from public funds in 2016, the extension of deadlines and fiscal measures, published in the Official Gazette of Romania, Part I, no. 923 of 11 December 2015.

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Funding increases provided for in art. 16 and 17 carried out from its own classification in personnel costs provided for in the approved budget.


Article 19 ***)

Note



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***) See the Framework Law no. 284/2010 regarding the unitary remuneration of personnel paid from public funds, published in the Official Gazette of Romania, Part I, no. 877 of 28 December 2010, as amended and supplemented, and the Government Emergency Ordinance no. 57/2015 regarding the salaries of staff paid from public funds in 2016, the extension of deadlines and fiscal measures, published in the Official Gazette of Romania, Part I, no. 923 of 11 December 2015.

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(1) The Agency's staff benefit from confidentiality bonus amounting to 15%, applied to the monthly gross salary.


(2) staffing levels and conditions for granting of the bonus provided in par. (1) shall be determined within the limits provided by law, by administrative act of the principal loan with the Ministry of Finance and the Ministry of Labor, Family, and Social Protection.


Chapter II Publishing


Prohibited List and review
Article 20


(1) Prohibited List, according to the World Anti-Doping Agency, approved by order of the President of the Agency and published in the Official Gazette of Romania, Part I.


(2) The Agency will review the Prohibited List whenever changes will appear in the list published by the World Anti-Doping Agency.




Chapter III Therapeutic Use Exemptions

Article 21


(1) The presence of a Prohibited Substance or its Metabolites or Markers and / or use or attempt to use, possession or administration or attempted administration of a prohibited substance or a prohibited method will not constitute a breach of an anti-regulation doping if incidents therapeutic use exemptions (TUE) granted in accordance with the international standard for granting therapeutic use exemptions (TUEs).


(2) The Agency shall provide the procedure for granting therapeutic use exemptions for national level athletes or athletes residents in Romania, but not internationally, in their written request, in accordance with the procedure described in the international standard for granting therapeutic use exemptions (TUEs) World Anti-Doping Agency.


(3) International Athletes are required to notify the Agency requests for granting therapeutic use exemptions, submitted to the International Federation of specialty, according to the International Standard for granting therapeutic use exemptions (TUEs) World Anti Agency -Doping.



(4) The Agency shall report to the World Anti-Doping Agency by ADAMS, therapeutic use exemptions granted to sports and sportsmen of national residents in Romania that are not internationally, included in its Registered Testing lot.


Chapter IV

Role and responsibilities of athletes and their support personnel

Article 22


Athletes and their support personnel are required to know and comply with relevant national and international doping.

Article 23


Athlete is directly responsible for what is in his biological sample.

Article 24


Athlete is required to shift to the quality of medical staff, including family doctors and medical specialists.

Article 25


(1) Athletes and their support personnel have an obligation to cooperate with anti-doping investigations relating to violations of anti-doping regulations.


(2) athlete support personnel shall cooperate with the Agency during doping tests.


Article 26


Athletes who are part of Lot's Registered Testing Agency are required to provide accurate location and to complete the ADAMS system.

Article 27


(1) athletes nationally and / or internationally, included in the Registered Testing lot who are retiring from sport, they must, if the incumbent to announce in writing six months before the comeback, to be available for testing and provide location information to the Agency and / or the international federation affiliation.


(2) World Anti-Doping Agency may grant an exemption from the rule of written notification, as provided in par. (1) according to the Code.


(3) Any results of the competition, in violation of par. (1) shall be canceled.


Article 28


(1) Athlete retired from sport during the suspension, if it wants to return to work, unable to participate in national or international competitions before announcing in writing National Federation and / or international and / or agency.


(2) Notification shall be made in writing, with a period equal to the period of suspension still to be served at the time of withdrawal, when it is less than 6 months and otherwise, 6 months before.


(3) The periods referred to in para. (2) the athlete is required to undergo doping tests and provide location information.


Article 29


(1) Doctors, nurses and paramedical staff must pay special attention to athletes and medical treatment applied to the following rules:


A) does not recommend, not prescribe and administer medicines not and / or supplements that contain banned substances, unless there is a Therapeutic Use Exemption;


B) advise not to prescribe or not to cooperate in the use of prohibited methods that are included on the Prohibited List, unless it can obtain therapeutic use exemption;


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


D) inform athletes and national sports federations responsible for the medication administered, the composition and effects on the body;


E) inform the responsible national sports federation and the Agency if they suspect that an athlete would use substances and / or methods banned for it to be subjected to testing target.


(2) athlete support personnel shall not use and will not hold prohibited substances and / or methods prohibited without valid justification.


Chapter V


Testing doping investigation
Article 30


Doping testing in competition and out of competition, is performed according to the annual national testing plan, in compliance with the International Standard for Testing and Investigations.

Article 31


(1) Testing is performed by doping Agency's own initiative, or it can be requested by:


A) The Ministry of Youth and Sports;


B) Romanian Olympic and Sports Committee;


C) School and University Sports Federation;


D) national sports federations, clubs and professional leagues;


E) other organizers of sports events, which are not encompassed within a federal framework.



(2) The procedure for conducting a test doping is regulated by the methodological norms regarding the organization doping controls, which are compiled by the Agency, approved by Government Decision *) in accordance with the Code, the International Standard for Testing and investigations and the international Standard for granting therapeutic use exemptions (TUE) issued by the World Anti-Doping Agency.


Note



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*) See Government Decision no. 244/2015 approving the Methodological Norms regarding the organization of doping control, published in the Official Gazette of Romania, Part I, no. 281 of 27 April 2015 as amended and supplemented.

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(3) In urgent cases, the president may order an Agency doping tests.


(4) The Agency may conduct doping tests at the request of other anti-doping organizations and international sports structures.


(5) The Agency recognizes the condition of reciprocity, tests carried out, therapeutic use exemptions granted and the final decisions issued by any signatory to the Code, subject to the right to appeal, which are consistent with the Code, under laws.


Article 32


(1) the Agency can test any athlete in competition and out of competition, in accordance with the law, anywhere, anytime, including athletes are in a period of suspension.


(2) national record can only approve doping by testing the athlete in question immediately after its registration.


(3) The tests target and out of competition may be made at any time without prior notice to the nearest station doping control at the athlete's accommodation during the training, in all places and premises where physical activity and sports are at home or sportsman, and he has the obligation to undergo such testing.


(4) Under international competitions taking place on Romanian territory, testing authority is coordinated organization that organizes sports events.


(5) The Agency may conduct trials in an international competition held in Romania, with the approval of the international organization under par. (4) and, in case of refusal thereof, may appeal to the World Anti-Doping Agency, to be authorized to do so.


(6) World Anti-Doping Agency's decision in connection with para. (5) is final.


(7) The authorization issued, unless otherwise stated, testing will be done out of competition.


(8) in national testing authority is the Agency.


(9) Unless otherwise specified in national or international competition rules, the management of test results will return doping organization conducting the test.


(10) On a national competition can ask the Agency by another Anti-Doping Organization, conducting tests. In case of refusal, the provisions of paragraph. (5) - (7).


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


(12) In terms of paragraph. (11) The Agency may perform additional tests and may require a laboratory accredited by the World Anti-Doping additional types of analyzes from its own budget, with notice to the organizer.


Article 33


(1) competition doping test is carried out in suitable premises called "doping control station", organized under the methodological norms regarding the organization and conduct of doping control.


(2) In exceptional cases, doping control station can be arranged in a space provided by the race organizer.


Article 34


Doping tests can be conducted by doping control officers and the staff of the Agency authorized for this purpose by the president.

Article 35


(1) The responsibility for the collection and transportation of samples to the laboratory belongs Agency or doping control officer who performed them as appropriate.


(2) samples collected from athletes owned test authority responsible for that session sampling.


(3) The Authority may transfer ownership test samples for results management authority or other anti-doping organization on request.


Chapter VI


Results Management

Article 36


(1) Analysis of biological samples is carried out by a doping control laboratory accredited or approved by the World Anti-Doping Agency.


(2) Anti-Doping Organization with results management responsibility lays laboratory accredited or approved by the World Anti-Doping Agency to analyze the samples.


(3) The results of laboratory analysis is issued as an analysis report that is communicated to the Agency's President.


(4) In case of a positive result, the Agency shall verify if any of the following occurred:


A) has been granted or to be granted a Therapeutic Use Exemption (TUE);


B) there is a suspicion of violation of the International Standard for Testing and Investigations or International Standard for Laboratories, to refute the validity of a positive result found.


(5) Before informing sportsman or person in case of violation of anti-doping regulations, the Agency, the ADAMS system and in consultation with the World Anti-Doping Agency and anti-doping organizations other, check that the individual concerned committed a further breach of anti-doping regulations.


(6) If the check does not reveal any of the situations referred to in para. (4) The Agency shall inform the athlete concerned and responsible national sports federation, Ministry of Youth and Sport, the Romanian Olympic and Sports Committee, responsible international federation and the World Anti-Doping Agency on:


A) result found;


B) anti-doping rule violated;


C) the Athlete's right to request, in writing, within 48 hours of notification, the analysis of the B sample and the period chosen, and if they refuse forfeits its right;


D) the venue for B sample analysis and laboratory periods communicated in this regard;


E) the Athlete's right to request fee, the package of documents for samples A and B;


F) the athlete's right to accept provisional suspension in writing to organizing the hearing, except in cases provided for in art. 50 para. (1);


G) the right to be personally present or represented at the B Sample analysis if it is requested;


H) the right of the athlete or support personnel to waive the hearing it, either explicitly or when not contest charges relating to the Agency that there was a breach of anti-doping regulations within 10 days receipt of the notification.


(7) Where is highlighted one of the situations referred to in para. (4) and the Agency decides not to make the successful outcome as a violation of anti-doping rules, shall notify the Athlete's National Federation, International Federation, Romanian Olympic and Sports Committee and World Anti-Doping Agency.


(8) If an atypical result, the Agency verifies that occurred one of the following:


A) has been or will be granted a Therapeutic Use Exemption in accordance with the International Standard for granting therapeutic use exemptions (TUEs);


B) there is a suspicion of violation of the International Standard for Testing and Investigations or International Standard for Laboratories, to refute the validity of atypical result found.


(9) If the check does not reveal any of the situations referred to in para. (8) The Agency carries out further investigations necessary, according to the International Standard for Laboratories to determine whether the result will be submitted or not atypical as a positive result.


(10) After the completion of investigations referred to in para. (9) The Agency shall inform the athlete concerned and sports federation responsible national Ministry of Youth and Sport, the Romanian Olympic and Sports Committee, the International Federation responsible and the World Anti-Doping if the result atypical will be submitted as a positive result, the provisions of paragraphs . (6).


(11) The Agency has no obligation to inform an atypical result until the completion of investigations referred to in para. (9) and the decision to submit an atypical outcome as a positive, except in the following situations:


A) if the Agency determines that a counter is required before performing the completion of investigations referred to in para. (9), in which decide its performance after informing the athlete of the outcome atypical found in compliance with art. 37 para. (2) b);



B) if the Agency receives a request to that effect either by an organizer of a major sporting event, shortly before a sports events or on the initiative or from a sports organization that has a responsibility to meet a deadline -limit for selecting team members for a sporting event, only after informing the athlete of the outcome atypical found.


(12) Investigation atypical or positive result if the athlete biological passport will be made according to the International Standard for Laboratories and management procedure will be provided in the methodological norms regarding the organization of doping control.


Article 37


(1) The Agency may require sample B while the athlete lost this right.


(2) In terms of paragraph. (1) The Agency shall inform the athlete on:


A) the date, time and place of sample B;


B) the right athlete and / or his representative to attend the B sample opening and analysis in accordance with the International Standard for Laboratories.


Article 38


The B sample opening and analysis can assist in accordance with the International Standard for Laboratories, besides the athlete and / or his representative, the Agency or results management authority, Romanian Olympic and Sports Committee, national sports federation, the federation international sport and, where appropriate, a translator with the opinion of the Agency.

Article 39


If anti-doping rule violations set out in art. 2 para. (2) which do not involve the analysis of biological samples, the Agency shall verify the circumstances of the offense alleged violations of anti-doping rules and inform the athlete or the person concerned sports federation responsible national Ministry of Youth and Sport, the Romanian Olympic and Sports Committee , responsible international federation and the World Anti-Doping Agency on:

A) regulation violated anti-doping possible;


B) the period within which you must submit a statement about the possible breach of anti-doping regulations;


C) the Athlete's rights or the accused during the course of the hearing procedure.


Article 40


Investigating violations of the rules relating to the obligation to provide location information and to submit to doping tests will be done according to the International Standard for Testing and investigations and will be approved by Government decision.

Article 41


If the Athlete Support Personnel or the person who is suspected / suspected one of the violations provided in Art. 2 para. (2) retires from sport before the start or during procedures provided in this Chapter, the Agency may decide to continue.

Article 42


Responsibility at national level results management and hearings for sports and / or support personnel shall lie Agency.

Article 43


Based on art. 32 para. (12), results management authority is the Agency, in the conduct of additional tests, and organizer of the international competition, where only requested a laboratory conducting further analysis.

Article 44


(1) Where a doping test or a violation of anti-doping regulations initiated and / or discovered by the World Anti-Doping Agency, results management and hearing procedures will be provided by the Anti-doping Agency designated World anti-Doping Agency.


(2) Results management and the hearing procedure for a doping control and / or a violation of anti-doping regulations initiated and / or discovered by the International Olympic Committee or the International Paralympic Committee or by an organization responsible for competition major incumbent specialized international federation, according to the Code.


Article 45


(1) Results Management of the facts that would lead to violation of Art. 2 para. (2) d) will be provided by specialized international federation or national anti-doping organization that gives Athlete location information in accordance with the International Standard for Testing and Investigations.


(2) Requirements for location information will be provided in the methodological norms regarding the organization of doping control, approved by Government Decision *).


Note



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*) See Government Decision no. 244/2015, as amended and supplemented.

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(3) non-compliance procedure management regulations regarding Athlete availability for doping out of competition, including failure of the Athlete's obligation to provide information on its location, as well as regulations on missed tests and challenging decisions Agency issued thereon shall be established by norms in para. (2).


Article 46


No procedure on an anti-doping violation will not be commenced against an Athlete or other person before he / she should be advised of the anti-doping rules violation in question in accordance with art. 36 para. (6) within a period of 10 years from the date on which it is considered that the breach occurred.

Chapter VII


hearing
Article 47


(1) The hearing of athletes and athlete support personnel who violated doping regulations, 'the committee hearing, hold a hearing procedure for its athlete or support personnel accused of one of the infringements referred to in art. 2 para. (2).


(2) The procedure for the hearing shall be conducted with the following principles:


A) organizing the hearing within a reasonable time, in compliance with par. (3);


B) a fair and impartial hearing panel;


C) the right to be represented at the expense;


D) the right to be properly informed and timely about the charges brought by the anti-doping rule violation;


E) the right to defend itself against the charges brought by the anti-doping rule violation and the consequences resulting therefrom;


F) the right of each party to present evidence, to call and question witnesses, accepting the testimony as being up to the Commission's written statement to the hearings;


G) a person's right to an interpreter at the hearing, the hearing committee with responsibility to appoint the person will meet the costs;


H) the right to a written decision, motivated, dated and communicated in a reasonable time or when the athlete waives hearing a reasoned decision explaining the action taken will.


(3) The hearing will be conducted expeditiously without exceeding three months from the end results management process set out in his head. VI.


(4) The President of the Agency may decide to hold a hearing procedures in an emergency when circumstances require.


Article 48


If the Commission considers necessary presence at the hearings hearing of persons other than the sportsman or person in the Athlete Support Personnel concerned, they are bound to appear in the place, day and time communicated the obligation to declare everything I know about the possible breach of anti-doping regulations.

Article 49


Allegations concerning anti-doping rule violations made against national and international level athlete may be a single hearing before the Court of Arbitration for Sport, without the requirement of a preliminary hearing, according to the consent Athlete of the Agency, the Agency's World Anti- doping and any other anti-doping organizations that would to appeal against a judgment at first instance.

Article 50


(1) The provisional suspension of an athlete on the basis of a positive result of the A sample substance for use of an unspecific or forbidden is compulsory.


(2) The temporary suspension under par. (1) can not be ordered without giving the athlete concerned entitled to a hearing before imposing provisional or temporary suspension immediately after its imposition or right to be heard urgently, according to art. 47 para. (4) immediately after the imposition of the provisional suspension.


(3) The period of provisional suspension is not mandatory if a specific substance.


(4) If the Athlete establishes in the hearing session, organized under par. (2) that the positive result is due to the use of contaminated product, the period of provisional suspension may be removed.


(5) against the decision of the Hearing Panel, taken in accordance with paragraph. (4) not only to appeal.


Article 51



If sportsman or person in the Athlete Support Personnel, who is suspected / of one of the suspected infringements within the art. 2 para. (2) retires from sport before the start or during the results management process, the Agency completes this process.

Article 52


Agency will notify all the entities referred to in art. 74 para. (1) of the decisions regarding the fact that the breach has not occurred, imposing a decision to temporarily suspend voluntary and acceptance by sports or persons of the support personnel Its a sanction without following the procedure for the hearing.

Article 53


Decisions on violations of anti-doping regulations, in accordance with art. 50, 52, art. 61 para. (6) art. 64 and 66, taken in accordance with art. 47 para. (2) shall include all the reasons envisaged in that decision, including, where appropriate, motivating option not to impose the most severe sanction.

Article 54


Anti-Doping Organization with the right to appeal, with a decision received in accordance with Art. 52, may, within 15 days of receiving the decision, a copy of the file.

Chapter VIII


Privacy and reporting
Article 55


(1) The identity of the athlete or support personnel thereof, which is suspected of one of the violations provided in Art. 2 para. (2) will be published by the Agency after their notification in accordance with art. 36 para. (6) and (10).


(2) Within 20 days of the delivery of hearing the Commission's decision, subject to appeal under art. 73, or the date renounced the appeals process hearing or waived in accordance with art. 36 para. (6) letter h) The Agency shall make public the decision.


(3) The Agency should report public within 20 days, the Board of Appeal decisions regarding anti-doping rule violations.


(4) The identity of the athletes or their support personnel, after the final resolution of the case were not guilty of one or more anti-doping rule violations set out in art. 2 para. (2) it will be made public only with their written consent.


(5) information disclosed under paragraph. (1) - (3) are shown and stored during the suspension, but not more than a year, and on the Agency's website and responsible national sports federations, where they exist.


(6) Notwithstanding the provisions of paragraph. (1) and (4) the President of the Agency or, in his absence, his replacement may make public comments about a pending case pending, if necessary in response to public comment athletes or support personnel concerned.


(7) Public Information mandatory under par. (2) and (3) is not required if the Athlete or other Person is a minor.


Penalties


Chapter IX
Article 56


(1) Any violation under art. 2 para. (2) committed by the athlete during or in connection with sports events and / or sports competitions, established under the procedure provided by this law, ipso jure disqualification invalidate the individual results obtained in that competition and the withdrawal of the coin, points or awards.


(2) In addition to the automatic invalidation of the results obtained in the competition in which the positive sample was collected by paragraph effects. (1), all other results obtained from the date of sampling positive or committing other violations of anti-doping regulations will be invalidated, with all the consequences arising therefrom, including forfeiture of any medals, points and prizes.


(3) If the Athlete establishes significant lack of guilt or negligence in connection with the violations provided in par. (1) Athlete's individual results in other competitions will not be disqualified unless the Athlete's results in competition other than that in which the anti-doping rule violation, could have been affected by the Athlete's violation of Art. 2 para. (2).


(4) A violation of anti-doping rules in an individual sport, occurred during a test in the competition automatically leads to disqualification of individual results obtained in that competition, with all ensuing consequences including forfeiture of any medals , points and prizes.



(5) In addition to the automatic disqualification of results obtained in the competition in which the sample was taken positively by applying paragraph. (4) all other sporting results obtained from the date of sampling positive or perpetration of any other violation of art. 2 para. (2) b) j) to the starting date of the provisional suspension or suspension will be disqualified with all the consequences arising therefrom, including forfeiture of any medals, points and prizes, except the principle of equity will require another resolution.


Article 57


Acts in art. 2 para. (2) a), b) and f) shall be sanctioned with suspension from athletic activity for a period of four years, when no provisions of Art. 63, 64 or 67, as follows:

A) the violation of the anti-doping does not involve a specific substance and if the Athlete or other Person can prove that infringement has occurred without intent;


B) anti-doping rules the violation involves a Specified Substance and the Agency can prove that it was done intentionally;


C) if applicable, letter a) and b), during the suspension period will be 2 years.


Article 58


(1) The period of suspension for anti-doping rule violation other than those referred to in art. 57, if they are not incident art. 65 and 67 shall be sanctioned as follows:


A) failure to art. 2 para. (2) c) and e) the suspension period is 4 years;


B) if the Athlete establishes that the failure to biological sampling was unintentional, the suspension period is 2 years.


(2) For the infringements referred to in art. 2 para. (2) d) the suspension period will be 2 years with the possibility of reducing it to a minimum period of one year, depending on the degree of guilt of the athlete.


(3) individualisation of the sanction of suspension from sport between one and two years does not apply to athletes with a history of change of location or a last minute conduct similar competitor who generates suspicion avoiding serious test the test procedure.


(4) violation of Art. 2 para. (2) g) and h) the period of suspension will be a minimum of 4 years up to and including suspension for life, based on the seriousness of the breach.


(5) violations provided in Art. 2 para. (2) g) and h) committed by a person within the athlete support personnel, involving a minor sport, when it does not involve a specific substance is directly sanctioned with suspension from the sport for life.


(6) violation of Art. 2 para. (2) i) the period of Ineligibility shall be at least two years, up to 4 years, depending on the gravity of the infringement.


(7) violation of Art. 2 para. (2) j) the period of Ineligibility shall be a maximum of 2 years with the possibility of minimizing a year, depending on the degree of guilt of the athlete or other person.


(8) Violation of art. 2 para. (2) g) and h) that may constitute violations of legal regulations in force, professional and competent judicial authorities reported.


Article 59


Support Personnel sanction imposed for anti-doping rule violations set out in art. 2 para. (2) g) and h) shall be greater than the penalty imposed athletes positive to doping control.

Article 60


(1) The period of suspension begins from the date of issuance of the final decision of suspension, after hearing or if the hearing is waived, the date on which suspension is upheld.


(2) In the event of late delivery of the decision to suspend reasons not attributable to the athlete or other person, the period of Ineligibility may start at an earlier date, not earlier than the date of Sample collection or the date on which already held another breach of anti-doping regulations.


(3) Under the applicable provisions of par. (2), all competitive results obtained during the suspension period will be disqualified.


(4) If the athlete or other person promptly recognize anti-doping rule violation after violation Agency announced period of Ineligibility may start from the date of sampling or the date that has already occurred another breach of anti-doping rules, other than as provided in art. 2 para. (2) a).



(5) In the case under para. (4) the Athlete or other Person shall remain suspended / suspended at least half of the period of suspension from the date on which he / she has accepted the sanction from the date of issue decision of the hearing, which was imposed sanction or the date on which such penalty is applied.


(6) The provisions of this Article shall not apply where the period of suspension has been reduced, according to art. 67.


(7) Duration of temporary suspension shall be deducted from the period of suspension imposed by a final decision, where the temporary suspension is applied and respected.


(8) Athlete or the person voluntarily accepts in writing the temporary suspension of an anti-doping with results management authority shall be deducted during the period of provisional suspension of the period of suspension imposed by decision final.


(9) The time period before the start of the provisional suspension or voluntary suspension is not deducted from the period of suspension imposed by a final decision.


(10) In team sports, in cases where a suspension is imposed on the team during the suspension period will begin on the date of the final decision or if waived the hearing, the date on which suspension has been accepted .


Article 61


(1) During the suspension period, the Athlete or other Person can not participate in any competition or activity authorized or organized by an organization signatory to the Code.


(2) athlete or other person during the period of suspension can not have quality within a framework of sport signatory to the Code can not have any contractual relationship and can not volunteer for it.


(3) As an exception from par. (1) and (2), the athlete can return only to train or to use the equipment, over the shorter of:


A) the last two months remaining in the period of suspension;


B) the last quarter of the period of suspension.


(4) During the suspension, the athlete remains available for testing and is obliged to communicate location information.


(5) The decision on the violation of par. (1) and (2) is adopted anti-doping organization whose results management led to anti-doping enforcement of the suspension period.


(6) If the decision according to paragraph. (5) provides that any violation of the provisions of par. (1) and (2) results will be disqualified and the period of suspension originally imposed shall start again from the date of breach of the prohibition.


(7) Article. 58 para. (6) are applicable and athlete support staff that helps the athlete to violate the prohibition of participation during the suspension period in any of the ways mentioned in art. 2 para. (2) i). The sanction applies anti-doping organization which has jurisdiction athlete support personnel.


(8) suspension period granted under par. (6) and (7) can be reduced according to the degree of fault and other circumstances relating to the case.


(9) During the suspension period to withdraw partially or totally, the financial support offered by the signatories and member organizations of the signatories, except anti-doping violations involving a reduced sanction for Specified Substances.


(10) An athlete or other person within the Athlete Support Personnel suspended for more than 4 years after the expiry of the suspension period of 4 years can participate in local competitions, which are not under the jurisdiction of a signatory to the Code, if the competition does not qualify him directly or indirectly to participate in a national championship or international sporting events.


Article 62


(1) Where more than one member of a team sport has violated or is likely to commit any of the violations provided in Art. 2 para. (2) in relation to a sporting event, the team will undergo testing target established for the sports events.


(2) Where more than two members of sports teams are guilty of one of the violations provided in Art. 2 para. (2) during a sporting events, the race organizer, in addition to the sanction imposed individual athletes involved, that team will be penalized with disqualification and loss of points or any other penalty provided by regulations.



(3) In respect of those sports which do not provide some teams, but award is given to their disqualification or other disciplinary action taken against the team when one or more of its members have committed an infringement referred to in art. 2 para. (2) regulations will apply relevant international federation.


Chapter X

elimination, reduction or freezing of the suspension period

Article 63


If an athlete or other person can demonstrate in a particular case, that can not be imputed guilt or negligence, the period of Ineligibility shall be eliminated.

Article 64


Reduction of the suspension period based on significant lack of guilt or negligence shall apply in the following situations:

A) for specific substance or contaminated products to the situations provided in art. 2 para. (2) a), b) and f);


B) if the athlete or other person proves the absence of guilt or negligence in connection with a significant specific substance or contaminated product, the penalty will be at least a reprimand, up to 2 years suspension from sporting activities in depending on the degree of guilt.


Article 65


(1) No significant fault or negligence can not be upheld in relation to art. 2 para. (2) e), g), h) and i) fixing the sanction depending on the degree of guilt.


(2) For the acts referred to in art. 2 para. (2) c) d) and j), where no fault or negligence significant period of Ineligibility may be reduced, but will not be less than half the period of suspension applied.


Article 66


(1) Where an athlete admits his own initiative committing the act referred to in Art. 2 para. (2) a) before receiving the invitation for sampling, this recognition is only evidence of the violation at the time of recognition, the period of Ineligibility may be reduced, but it will not be less than half the period of Ineligibility otherwise applicable.


(2) If an athlete or a person's own initiative recognizes that he committed an offense under Art. 2 para. (2) b) -h) before receipt of notification under art. 39, this recognition is only evidence of the violation at the time, the period of Ineligibility may be reduced, but it will not be less than half the period of the suspension applied.


Article 67


(1) If the athlete or other person within the athlete support personnel shall assist substantially in finding and / or proof of an infringement referred to in art. 2 para. (2) committed by another person, the Hearing Panel may, prior to issuing a final decision, subject to appeal, or the period during which it can be formulated to freeze them no more than 3/4 of the otherwise applicable period, with World Anti-Doping Agency approval and specialized international sports federation.


(2) If the athlete or other person within the Athlete Support Personnel cease providing substantial support and cooperation that was based initially freezing the suspension period, the Commission revoked the freezing of hearing of the suspension period.


(3) The measure provided for in paragraph. (2) shall be appealable pursuant to art. 73.


Article 68


(1) In order to encourage athletes and other relevant people to support the Agency, upon request by the World Anti-Doping Agency may agree at any stage results management, including following a final decision challenged according to Art. 73 concerning the freezing of suspension or other consequences imposed suspension of the athlete or other person has committed or is suspected of having committed a breach of the regulations art. 2 para. (2).


(2) In exceptional circumstances, the World Anti-Doping Agency may agree to freeze a period of suspension or other sanctions suspension for a period greater than that provided for in art. 67 para. (1) to eliminate the period of suspension and / or cancellation of the withdrawal of the prize money or measure of imposing fines.


(3) Decisions taken by the World Anti-Doping Agency, relating to provisions in para. (1) and (2) can not be called.


Article 69


(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 Art. 74 para. (1), pursuant to art. 53.



(2) In exceptional circumstances, the World Anti-Doping Agency to authorize confidentiality agreements that limit the publication of executed agreements in providing substantial help or information on its nature.


Article 70


(1) Where an athlete or other person within the Athlete Support Personnel proves that he is entitled to reduce a sanction being and incidents provisions of art. 63, 64, art. 65 para. (2) art. 66 and art. 67 para. (1), before the reduction or freezing sanction applicable period of Ineligibility shall be determined in accordance with art. 57, 58, 63 and 64


(2) The period of suspension may be reduced or frozen, but not below 1/4 of the period of Ineligibility otherwise applicable.


Article 71


Athlete or person within the athlete support personnel who could be subject to suspension for a period of 4 years for violating anti-doping regulations laid down in art. 2 para. (2) a) and c), immediately admitting the anti-doping rule violation is found 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 Agency doping.



Regulations Chapter XI cases of repeated violations

Article 72


(1) The period of suspension for committing a second anti-doping rule violation will be the longest of the following:


A) 6 months;


B) half the time imposed for the first violation, without taking into account the situations provided in art. 66, art. 67 para. (1), Art. 68 and 70;


C) double the applicable period of suspension for the second violation, as would be a first violation;


D) the suspension period determined under par. (1) can be reduced by applying art. 68.


(2) A third anti-doping rule violation will always result in a lifetime suspension, unless the application is art. 2 para. (2) d) art. 63 and 64, when the suspension will be 8 years.


(3) In case the penalties provided in Art. 57-59, a new violation under art. 2 para. (2) will be considered by the agency to implement the sanctions unless the athlete or other person from among its support personnel committed this new violation after being warned first.


(4) If the Agency can not determine this, both the first and the second violation will be considered as one and will apply the most severe sanction.


(5) If, after making a decision for a first anti-doping rule violation, the Agency discover another anti-doping rule violation by the Athlete or other Person under its Support Personnel, which held prior notice about the first violation, the Commission shall impose a sanction hearing overtime on the basis of the sanction that could have been imposed if the two violations would have been adjudicated at the same time.


(6) The athlete will be disqualified from all competitions held, starting with the first infringement, results by sport competitions being invalidated.


(7) A breach of an anti-doping athlete or other person can prove the absence of guilt or negligence would not constitute a violation of this Article.


(8) anti-doping rule violations must be held for a period of 10 years to be considered multiple violations.


Chapter XII


Calls
Article 73


Can be challenged following decisions:

A) hearing the Commission's decisions by athletes and athlete support personnel who violated doping regulations relating to infringements of the provisions of art. 2;


B) decisions according to Art. 61 para. (5), (6) and (8);


C) of the Agency's decision not to present a positive result or a result atypical as a violation of anti-doping regulations, according to art. 36 para. (4) and (8);


D) decision not to act in case of violation of anti-doping regulations after an investigation under Article. 39;


E) decision to temporarily suspend arranged according to art. 50 para. (1);


F) Commission decisions on granting or not granting therapeutic use exemptions in accordance with Art. 21;


G) World Anti-Doping Agency's decision not to grant an exemption from the obligation imposed on an athlete to announce his return to competitive activity 6 months in advance;



H) World Anti-Doping Agency's decision to designate responsibility for results management in the event of a dispute between the Agency and other anti-doping organization;


I) the decision not to impose a provisional suspension as a result of a Provisional Hearing or due to the fact that the Agency has not complied with the provisions of art. 50 para. (2);


J) decision issued in accordance with Art. 67;


K) Agency's decision not to recognize a decision taken by another organization under Art. 31 para. (5);


L) decisions made about management failure to complete any violation of anti-doping rules for procedural reasons or due to occurrence prescription.


Article 74


(1) The decisions referred to in art. 73 lit. a) to g) and i) -l), taken in connection with a competition within a national sporting events involving athletes and national levels can be appealed to the Board of Appeal within 21 days from the date of communication by the following persons:


A) national athletes or other person who is the subject of the contested decision;


B) structure to which he belongs sports Athlete or other party in relation to which the decision was contested;


C) responsible international federation, the International Olympic Committee, International Paralympic Committee;


D) anti-doping organization of the country of residence of the person / athlete;


E) Agency;


F) The World Anti-Doping Agency.


(2) The decisions referred to in art. 73 lit. h) can be appealed to the Court of Arbitration for Sport in Lausanne, hereinafter referred to as CAS, within 7 days from the date of service in the organizations anti-doping between the emerged dispute over responsibility for managing test results doping .


(3) The decisions referred to in art. 73 lit. i) may be appealed to CAS by the World Anti-Doping Agency, within 21 days from the last day that any party could appeal or within 21 days of the receipt by it of the file full on the case resolved.


(4) anti-doping organizations with the right to appeal, in accordance with paragraph. (1) b) -f) may, within 15 days after the decision, a copy of the complete file based on which the decision was issued.


Article 75


(1) Proceedings resolving a dispute under art. 73 takes place in the Board of Appeal with the following rights:


A) right to a hearing timely, fair, impartial and independent;


B) the right to be represented at its expense;


C) the right to a written decision, motivated, dated and notified within a reasonable time.


(2) The decisions referred to in art. 73 lit. a) -h) and j) -k) may be challenged by the World Anti-Doping directly to CAS, which is not required to go through appeals from the jurisdiction of the Agency, judging CAS because in all respects.


Article 76


(1) Commission decisions can be appealed to CAS appeal only to the entities referred to in art. 74 para. (1) c) and f) within 21 days from the date of communication.


(2) The World Anti-Doping Commission can contest the appeal to CAS within 21 days from the last day that any party could appeal or within 21 days of receipt by this complete dossier on the case settled.


Article 77


(1) Decisions of the hearing provided for in art. 73 lit. a) to g) and i) -l), taken in connection with international athlete or other person may be appealed exclusively to CAS within 21 days from the date of communication by:


A) international athlete or other person who is the subject of the contested decision;


B) structure to which it belongs sports athlete;


C) responsible international federation, the International Olympic Committee, International Paralympic Committee;


D) anti-doping organization of the country of residence of the person / athlete;


E) Agency.


(2) World Anti-Doping Agency may appeal against the decisions referred to in para. (1) exclusively to CAS within 21 days from the last day that any party could appeal to CAS or within 21 days of receipt of the complete file on this case solved.


Article 78


Decisions referred to in art. 73 lit. e) directly to CAS may be challenged only by international athletes against whom the sanction was imposed provisional suspension.

Article 79



(1) If the committee hearing by athletes and athlete support personnel who violated doping regulations, the procedure for the hearing, did not issue a decision within the period provided for in art. 47 para. (3) World Anti-Doping Agency may appeal to CAS.


(2) If the CAS determined that a violation has been committed to anti-doping rules and the World Anti-Doping Agency acted correctly in choosing to appeal, the expenditure incurred by the World Anti-Doping Agency in the review procedures shall be borne by the agency.


Article 80


Disputed decisions during the course retains the effects of the appeal proceedings, unless the Board of Appeal, namely the CAS decides to suspend them.

Article 81


Agency will communicate the decision of the Board of Appeal accepted the athlete or other person within the Athlete Support Personnel or any organization that would have the right to appeal.

Article 82


Board of Appeal settled because all aspects and elements are not limited to, grounds or purpose of revising the first instance.

Article 83


(1) When the World Anti-Doping Agency has the right to appeal and no other parties lodged appeals against the decisions referred to in art. 73 lit. a) -d), f) -h) and i) -l) in proceedings under article doping organization. 74 para. (1) World Anti-Doping Agency may appeal against such a decision directly to CAS.


(2) Para. (1) Excludes not contest the decision by the World Anti-Doping Appeals Board.




Chapter XIII national sports structures and obligations of the Romanian Olympic Committee

Article 84


(1) National sports federations are obliged aces amend and supplement the statutes and regulations consistent with the provisions of this law and the Code on international regulations and norms regarding the organization of doping control.


(2) National sports federations, clubs, professional leagues or School and University Sports Federation are obliged to bear the costs of laboratory analyzes in case of a positive result.


Article 85


(1) National sports federations and any other organizer of a competition are required to designate a representative to:


A) space for organizing doping control station according to art. 33 para. (2);


B) hydrating athletes in doping control station, according to the International Standard for Testing and Investigations.


(2) Notwithstanding the provisions of para. (1) if organized team sports competitions that take place over several stages obligation under par. (1) sports clubs back home.


Article 86


(1) National sports federations are obliged to inform the Agency within the deadline set for this detailed information on domestic and international sporting calendar and training plans of the teams and their athletes, specifying the exact places and times of deployment and the list of athletes of national / international agency appointed and addresses.


(2) National sports federations are obliged to notify the Agency, at least five days before any change in the sporting calendar or training plan.


(3) National sports federations, clubs, leagues, School and University Sports Federation and the Romanian Olympic and Sports Committee are obliged to designate a person responsible for anti-doping.


Article 87


Sports clubs, professional leagues and Romanian Olympic and Sports Committee shall comply with the provisions of art. 84 and 86.

Article 88


(1) In order to protect the health of athletes and to prevent doping in sport, national sports federations, sports clubs and professional leagues are required to provide annual budget amounts for doping testing of athletes and their education.


(2) Failure to par. (1) constitutes a contravention and is punishable by a fine of 10,000 to 30,000 lei.


(3) In order to protect health and prevent doping in sport athletes, national sports federations, sports clubs, professional leagues and athlete support personnel are required to carry out anti-doping education programs.


Article 89



(1) Implementation of sanctions athletes or athlete support personnel lies with federations, clubs, leagues, in accordance with this law and the international regulations in force.


(2) Failure by federations, clubs, leagues School and University Sports Federation's obligations under par. (1), except as provided in Art. 90 para. (1) shall constitute an offense and is punishable by a fine of 5,000 to 30,000 lei, withdraw all financial support from the state budget, temporary suspension or cancellation of the certificate identity register sports athlete.


Article 90


(1) Introduce athletes are in the period of suspension in Competition or Event by national sports federations, clubs or professional leagues constitutes a contravention and is punishable by a fine of 7,500 to 30,000 lei and the withdrawal of all financial support the state budget, temporary suspension or cancellation of certificate of identity Record sports athlete.


(2) designation to be subjected to doping tests of a person who is not a sport misdemeanor and is punishable by a fine of 5,000 to 30,000 lei.


Article 91


(1) Sports clubs and professional leagues in which individuals were sanctioned for doping is punishable by a fine of 5,000 to 30,000 lei.


(2) Failure to Art. 48 is a contravention and is punishable by a fine of 1,500 lei to 2,500 lei.


(3) Failure to comply with the provisions of art. 85 is a contravention and is punishable by a fine of 1000 to 3000 lei.


(4) Failure of the suspended athletes or staff assistant of art. 61 para. (1) and (2) a contravention and is punishable by a fine of 5,000 lei to 10,000 lei.


(5) Failure to Art. 86 is a contravention and is punishable by a fine from RON 5,000 to RON 15,000.


(6) Determination, by any means, by a person who has authority over the Athlete consumption of prohibited substances in order to increase performance capacity, constitutes a contravention and is punishable by a fine of 7,500 lei to 15,000 lei.


(7) threats, if it was committed in such conditions that they constitute, by law, crime, violation of anti-doping regulations by athlete support personnel and is punishable by a fine from 2,000 to 6,000 lei lei.


(8) If the act in para. (7) has been committed by an athlete support personnel minor contravention is punishable by a fine of 3,000 lei to 9,000 lei.


(9) competitor who violated doping regulations, in case the sanction levels for the offense committed under this law shall be punished with fine from 1000 to 3000 lei, depending on the period of suspension applied.


(10) ascertained and the sanctions are specifically authorized by the staff of the Agency.


Article 92


(1) The offender may pay immediately or within 48 hours of the conclusion of the report or, if applicable, the date of its communication, half of the minimum fine provided for in art. 88 para. (2) art. 89 para. (2) art. 90 and 91, the inspector mentioning this possibility in the minutes.


(2) The provisions of art. 88 para. (2) art. 89 para. (2) art. 90 and 91 are applicable provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments by Law no. 180/2002, as amended and supplemented.


(3) Notwithstanding the provisions of Government Ordinance no. 2/2001, approved with amendments by Law no. 180/2002, as amended and supplemented, under this law fines are levied by the Agency and the money will be used for the prevention and fight against doping in sport.


(4) The allocation of amounts provided in par. (3) shall be regulated by Government decision.


Article 93



If the substances discovered during doping controls also fall under Law no. 143/2000 on preventing and combating trafficking and illicit drug use, republished, as amended and supplemented, or of Government Emergency Ordinance no. 121/2006 on the regime of drug precursors, approved with amendments by Law no. 186/2007, as amended, the Agency has the obligation to notify the NAA and the prosecution.

Title III


Transitional and Final Provisions
Article 94


(1) To inform and educate staff involved in sports activities, all higher education institutions of physical education and sport in the country and the National Centre for Training and Training of Trainers introduced in the curriculum of courses with national and international regulations anti-doping and anti-doping national strategy.


(2) Educational institutions will introduce in extracurricular activities to educate and inform anti-doping.


(3) All providers of professional instructors are required to enter athletes in the occupational standard anti-doping education courses.


Article 95


(1) Members of the Board referred to in art. 14 para. (1) control officers Doping Agency staff empowered to carry out Doping Controls and staff Doping Control Laboratory is not subject to any civil or criminal case, if the Court finds fulfillment times failed to fulfill them in good faith and without negligence , any act or fact related to the exercise under the law, their duties to them.


(2) The costs of legal proceedings against members of the committee referred to in art. 14 para. (1) shall be borne by each principal loan that has appointed the members of the committee, to be recovered, where appropriate, the person who has been unsuccessful.


Article 96


Agency management and staff involved in doping control will access all card-based sporting events, whose content model *) are established by norms of organization and conduct of doping control.

Note



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*) See Order of the President of the National Anti-Doping nr. 54/2007 approving the model and content control badge used by the persons responsible for finding and prosecuting offenses under the Law no. 227/2006 on preventing and combating doping in sport, published in the Official Gazette of Romania, Part I, no. 305 of 8 May 2007.

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Article 97


(1) Agency staff and doping control officers wear uniforms with insignia specific service.


(2) The insignia specific way of giving and wearing of the uniform is approved by order of the President of the Agency.


(3) The expenditure on the purchase of uniforms service is performed from the funds provided in the budget of the Agency for this purpose.


Article 98


It authorizes the General Secretariat of the Government to introduce changes resulting from implementation of this law in the Annexes to this institution approved budget, respectively annexes on the wage and the maximum number of stations and related fund basic salaries of the Ministry of Finance public budgets and institutions subject to this law.

Article 99


In its normative acts that include references to the National Anti-Doping Agency, the following names are replaced as follows:

A) National Anti-Doping Agency with the National Anti-Doping Agency;


B) World Anti-Doping Agency with the World Anti-Doping Agency;


C) World Anti-Doping Code Code World Anti-Doping.


Article 100


Within 30 days from the date of entry into force of this law, by government decision *) will approve the organizational structure and rules of organization and functioning of the National Anti-Doping Agency.

Note



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*) See Government Decision no. 1.522 / 2006 approving the organizational structure and of the organization and functioning of the National Anti-Doping Agency, republished in the Official Gazette of Romania, Part I, no. 41 of 19 January 2010, as amended and supplemented.

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Article 101



Upon entry into force of this law, the Law no. 552/2004 on preventing and combating doping in sport, published in the Official Gazette of Romania, Part I, no. 1215 of 17 December 2004.

Article 102


Provisions of this law shall be completed with the provisions of the World Anti-Doping Agency and shall be construed in accordance therewith.

Article 103


Order repayment related to CAS decisions and prize money withdrawn will be:

A) payment of the amounts awarded by the decisions of CAS;


B) reallocation for other athletes prize money withdrawn if so provided by specialized international federation rules;


C) the costs incurred by the Anti-Doping Organization that conducted results management in the case.

NOTES

1. We reproduce below Art. II and III of Law no. 128/2014, which are not incorporated in the republished text of Law no. 227/2006 and applicable further as provisions of Law no. 128/2014:
"Art. II. - (1) Within 6 months from the date of entry into force of this law, administrators were required to arrange sports doping control stations, in accordance with Art. 25 para. (1) **) of Law no. 227/2006 on preventing and combating doping in sport, republished, as amended and supplemented by this law.

(2) Failure to comply with para. (1 ) represents a contravention and is punishable by a fine of 1,000 lei to 10,000 lei.


Art. III. - the period of suspension for committing a second anti-doping rule violation, when the first breach was sanctioned before 1 January 2015 will be determined according to art. 48 para. (1) ***) of Law no. 227/2006, republished, as amended and supplemented by this law and about art. 48 para. (1) c) ****) of Law no. 227/2006, republished, as amended and supplemented by this law, will consider the sanction applicable under this law. "

Note



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**
) Art. 25 para. (1) has become in the republished Law no. 227/2006, art. 33 para. (1).

***) Art. 48 para. (1) has become in the republished Law no. 227/2006, art. 72 para. (1).

****) Art. 48 para. (1) c) has become in the republished Law no. 227/2006, art. 72 para. (1) c).

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2. We reproduce below Art. II of Law no. 243/2015, which are not incorporated in the republished text of Law no. 227/2006 and applicable further as provisions of Law no. 243/2015:
"Art. II. - Throughout the Law no. 227/2006 on preventing and combating doping in sport, republished, as amended and supplemented, as well as those made by this law, the phrase" Department research and doping control laboratory "is replaced by the phrase" doping control laboratory. "throughout the normative act, the word" doping "shall be replaced with" anti-doping ". '

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