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Resolution Of 3 December 2015, Of The Presidency Of The Superior Council Of Sports, Which Publishes The Modification Of The Statutes Of The Federation Spanish Sports Of Ice.

Original Language Title: Resolución de 3 de diciembre de 2015, de la Presidencia del Consejo Superior de Deportes, por la que se publica la modificación de los Estatutos de la Federación Española de Deportes de Hielo.

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TEXT

In exercise of the powers conferred by Article 10.2.b) of Law 10/1990, of 15 October, of the Sport, the Commission of the Council of the High Sports Council in its session of 30 June 2015, has approved definitively the amendment of Articles 8, 11, 12, 15, 22, 38, 40, 41 and the abolition of the transitional provisions, of the Statutes of the Spanish Federation of Ice Sports, authorizing their registration in the Register of Associations Sports.

In compliance with the provisions of article 31.7 of the Law of Sport and article 12.3 of Royal Decree 1835/1991 of 20 December, on Spanish sports federations and the Register of Sports Associations, I have the publication of the amendment of the Statutes of the Spanish Ice Sports Federation, contained in the Annex to this Resolution.

Madrid, December 3, 2015. -President of the Superior Council of Sports, Miguel Cardenal Carro.

ANNEX

Statutes of the Spanish Ice Sports Federation

Article 8. Territorial organization, integration of Autonomous Federations.

In accordance with the provisions of Article 6 of these Statutes, the Autonomous Federations of the Founding Act are members of the FEDH.

In order to continue as members of the FEDH, the Founding Autonomic Federations must have at least one club to practice any of the sports specialties of Article 2 of these Statutes within the maximum period of time. of a year since its founding.

The Presidents of the Autonomous Federations integrated in the FEDH are members of the FEDH General Assembly. In the event of the vacancy of the post of President of an Autonomous Federation, the person who performs his duties according to the sports regulations of his Autonomous Community and its own Statutes shall assume its representation in the FEDH.

The Autonomic Federations will adopt, as appropriate, the necessary agreements for their integration into the FEDH, in accordance with the respective regional regulations.

The integration of the Autonomous Federations into the FEDH will involve the recognition of the representation conferred on it by Article 32.2 and 3 of the Law of Sport.

The participation of teams or athletes in international trials will always be formalized through the FEDH that will be submitted for approval by the Superior Council of Sports.

The Autonomic Federations may, directly or through their representatives in the Delegate Commission, submit to the FEDH any proposals aimed at the best fulfillment of their purposes.

The FEDH shall admit in its breast any Autonomous Federation with legal personality, provided that it complies with the requirements and has recognized the specialties of Article 2 of these Statutes and has at least one club that practice any of them. Its President will be automatically part of the General Assembly.

The Autonomic Federations are obliged to execute in their respective autonomous areas, the decisions and agreements of the FEDH in the exercise of their competences.

The FEDH will respect the legal regime of the Autonomous Federations integrated in it. For the recognition of the validity of the tests promoted by the Autonomous Federations, for national purposes, the FEDH shall coordinate and control, through its Technical Delegates, Judges and Referees, the conditions thereof.

Article 11. General Assembly.

The General Assembly is the highest governing body and representation of the FEDH.

1) The General Assembly of the FEDH shall be composed of the Presidents of the Autonomous Federations, and in their case the FEDH Delegates in those Autonomous Communities in which there is no Autonomous Federation and the number maximum members who, representing the Easts: clubs, sportspersons, referees and judges and coaches and other interested groups, shall be set out in the provisions governing the call for elections.

2) The Presidents of the Autonomous Federations, and the FEDH Delegates in their case, are National Assembly members.

3) The number and proportion of members of the Assembly between the different Eestaments that make up the Assembly shall be determined for each election, taking into account the sports specialties of the FEDH and adjusting to the provisions of the Current regulations regulating electoral processes in the Spanish Federations and in the corresponding electoral regulation approved by the Superior Council of Sports.

4) The election of the members of the Assembly shall be in accordance with the Olympic periods of winter specialties.

5) The status of a representative of the Assembly is lost, due to resignation, death, any cause of ineligibility provided for in the Statutes and regulations in force, due to incompatibility, or sanctioned with disablement, for losing the condition for which he was elected or lose the link that joined the Federation.

6) The General Assembly may be convened in plenary session or in delegated Commission.

The following issues are addressed to the General Assembly at a plenary meeting with a necessary nature:

a) The approval of the annual budget and its liquidation.

b) Approval of the sports calendar.

c) The approval and modification of its Statutes.

(d) The election and the end of the President.

They also correspond to the other competencies contained in the current regulations, in these Statutes, or those that are granted to you regulatively.

The General Assembly shall meet once a year, in plenary session, for the purposes of its competence. The other meetings shall be extraordinary and may be convened at the initiative of the President, the Commission delegated by a majority, or a number of members of the Assembly not less than 20%.

7) The ordinary session of the Assembly shall be convened by the President.

The calls, which must indicate the place, date, time of the celebration, and the items to be dealt with on the agenda, as well as the documentation concerning the matters to be dealt with on the agenda, will be submitted in writing, fax or e-mail, at least 15 calendar days before the date on which the session is to be held.

8) The agenda of the sessions shall be established by the President or by the body convened by the Assembly.

9) Meetings shall be validly constituted when the absolute majority of their members are present on the first call and, on the second call, the third part of the meetings.

And in order to ensure effective compliance with the functions entrusted to the FEDH, the High Council of Sport may convene the General Assembly for debate and resolution, if appropriate, on matters or issues. determined, where it has not been duly convened in regulatory time.

10) The sessions of the General Assembly may attend, also with a voice, but without a vote, the outgoing President of the last term, the members of the Board of Directors, the Manager or the Secretary of the FEDH, the persons responsible of the different Committees and Areas of the FEDH, and those persons invited by the President, for the best development of it.

11) Agreements shall be adopted by a simple majority. In the event of a tie, the President shall have a vote of quality.

12) Minutes of the Assembly's meetings shall be lifted, which shall be approved by two Financial Controller appointed for the purpose, in the Assembly itself and signed by the President and the Secretary or the person who carries out such duties. Where appropriate, the form provided for in Article 31.3 of these Statutes shall be carried out.

Article 12. The Delegate Commission.

1) The Delegate Commission shall be elected by the General Assembly from among its members. Its mandate shall be with that of the General Assembly, which shall also be renewed.

2) The members of the Commission, who shall be members of the Assembly, with a number of twelve plus the President of the FEDH shall be elected every four years by vote, with the possibility of replacing the vacant vacancies annually, in accordance with the rules governing electoral processes.

3) The composition of the Delegate Commission shall be as follows:

One third for the Presidents of the Autonomous Federal Federations, designated by and among the Presidents of the Federal Federations.

One third for sports clubs, designated by and among the same clubs, without the corresponding one in the same Autonomous Community having more than 50 per 100 of the representation.

One third corresponding to the rest of the Estaments, in proportion to its representation in the General Assembly and designated by and among the different estates according to the sports modality. Two of them will correspond to the athletes.

4) To the Delegate Commission, within the limits and criteria that the General Assembly itself establishes, it will be responsible for:

a) The modification of the sports calendar.

b) Modifying budgets.

c) Approval and modification of regulations.

The modifications may not exceed the limits and criteria that the Assembly itself establishes.

The proposals on these issues correspond exclusively to the President of the Federation or two-thirds of the members of the Delegate Committee.

The Delegate Commission is also responsible for:

• The preparation of a report prior to the approval of the budgets.

• The monitoring of the sports and economic management of the FEDH, through the elaboration of an annual report to the General Assembly, on the memory of activities and the liquidation of the budget.

• Any other competence delegated by the Plenary Assembly.

5) The Delegated Commission shall meet at least once every four months on a proposal from the President, who may also convene it when it deems appropriate, and upon request by a minimum of four members with indication of the points you want to be included on the agenda.

6) The agenda of the sessions shall be established by the President, unless the meeting has been convened at the request of the Delegate Committee itself.

7) The calls, as well as the documentation concerning the matters to be dealt with on the agenda, shall be communicated to the members of the Delegation with a minimum advance of ten calendar days before of the date on which the session is to be held and shall be submitted in writing, fax or e-mail. They shall indicate the place, date and time of the celebration, as well as the items to be dealt with on the agenda and shall be forwarded to all its members.

They will not be able to be dealt with in the sessions of the Delegate Commission more than those points that would have been included in the agenda. Exceptionally, new points may be included up to forty-eight hours before the conclusion of the meeting, provided that two-thirds of its members present at the beginning of the session.

8) In order for the Commission to be validly constituted, the presence of half more than one of the members of the delegation will be required.

9) The sessions of the Delegate Commission shall be attended by the members of the Commission, who may delegate their representation, in the event of not being able to attend personally, in any other member of their same establishment in the Delegation or in the President.

They will also be able to attend, with a voice but without a vote, those people who invite the President, for the best development of it.

The President of the FEDH may agree to hold non-face-to-face meetings via telematic, electronic, internet or any other means that technology develops. That agreement shall be notified to the members of the Delegation and shall specify in particular and as appropriate:

-The means, telematics, electronic, internet or any other, for which the call will be sent.

-The medium, telematics, electronic, internet or any other, by which the meeting will be held.

-The means, telematics, electronic, internet or any other, for which you will be able to consult the documentation regarding the order of the day and the time during which the information will be available.

-The way to participate in discussions and deliberations and the period of time during which they will take place.

-The means of casting the vote and the period of time during which it will be possible to vote.

-The means of disseminating the minutes of the sessions and the time during which they can be consulted.

The system will ensure the security, integrity, confidentiality and authenticity of the information, establishing an electronic restricted access service for members of the Delegate Commission.

10) The minutes of the sessions must be approved at the end of the session, or at the beginning of the next session.

The minutes will be signed by the Secretary or by the person appointed for such duties, with the approval of the President and must be transcribed in the Book of Acts of the Delegate Committee.

11) Agreements shall be adopted by a simple majority of votes of the assistants. In the event of a tie, the President shall have a vote of quality.

12) If an elected member of the Assembly or the Delegate Committee lost the condition for which he was elected, it would automatically cause them to be automatically lowered.

Vacancies that occur between Members of the Assembly or the Delegate Committee shall be filled in accordance with the provisions of the FEDH Electoral Regulation.

Article 15. The Board of Directors.

The Board of Directors of the FEDH is the collegiate management body, its members being freely appointed and revoked by the President of the Federation.

You will be composed of the following positions, with a maximum number of twenty members:

a) The President.

(b) At least one Vice-President and no more than three, who shall replace the President in all his duties and powers, where necessary, or because of illness, absence, delegation or physical or legal incompatibility, and shall collaborate, in general, in all federative activities.

The Board of Directors will determine the specific competencies of each Vice President.

c) The vowels the President designates.

The Secretary, if any, or the person designated by the President for such functions, shall attend the meetings.

The sessions will be able to attend with a voice but without a vote the Manager of the Federation.

Board of Directors charges will not be remunerated.

The call, which corresponds to the President, must be notified to the members 48 hours in advance, except for cases of urgency, accompanying the order of the day.

The Board of Directors shall meet, in ordinary session, at least twice a year, before and after the season.

Article 22. Single Judge and Appeal Committee.

Within the FEDH, the figure of the Single Judge, appointed by the President of the FEDH, will be set up, which will be competent to hear and resolve, in the first instance, all infringements of the disciplinary and competition, which will be resolved in the form provided for in the corresponding titles of these statutes. "

The Appeals Committee will also be set up to hear and resolve in the second instance the appeals against the decisions of the Single Judge.

On the other hand, the Appellate Committee will be the only internal body competent to know and resolve the violations of the rules in the field of doping, as appropriate, in accordance with the provisions of the Organic Law 3/2013, 20 June, the athlete's health protection and the fight against doping in sports activities.

Its composition, operating system and competencies will be determined regulatively.

Article 38. Processing.

The disciplinary procedure will be regulated in the regulation approved by the Delegate Commission, with the guarantees established in the Law of Sport and in the aforementioned Royal Decree of 23 December.

The disciplinary procedure may be initiated by the Single Judge, on its own initiative, on a reasoned complaint or at the request of the Superior Council of Sport.

Article 40. Appeal against decisions of the Appellate Disciplinary Committee.

Resolutions handed down by the Appellate Committee may be challenged within the maximum period of 15 working days before the Administrative Court of Sport in accordance with the provisions of art. 84 of the Law of Sport.

Article 41.

The Spanish Ice Sports Federation (FEDH), in accordance with the provisions of the International Convention against the Doping of UNESCO, in the anti-doping regulations of the International Federations, of which the FEDH is Member, as well as in the World Anti-Doping Code, of mandatory compliance for the same, will proceed to notify to the Commission of Control and Monitoring of Health and the Doping the sanctions imposed by the commission of violations in the field of doping provided for in the Organic Law 3/2013 of 20 June on the protection of the health of the athlete and the fight against doping in sport, for publication through the website of the Superior Council of Sports to be the organ of the disciplinary authority in the field of doping, being contrary to the Organic Law 15/1999 the treatment after the published data, by any subject other than the Sports Councils.

Resolutions imposing penalties for the commission of very serious infringements of those provided for in Article 22 of the Organic Law 3/2013 of 20 June, protecting the health of the athlete and combating doping in the Sports activities shall be the subject of publication by the body which has issued them. For such publication, telematic means shall be used in a preferential manner.

The publication will refer to firm sanctions and will only contain the data relating to the infringer, sports specialty, violated precept and imposed sanction. It shall not contain data on the method or substance used unless it is absolutely essential.

This publication cannot be maintained after the completion of the duration of the penalty.