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Resolution Of 8 October 2015, Of The Presidency Of The Superior Council Of Sports, Which Publishes The Modification Of The Statutes Of The Royal Federation Spanish Of Squash.

Original Language Title: Resolución de 8 de octubre de 2015, de la Presidencia del Consejo Superior de Deportes, por la que se publica la modificación de los Estatutos de la Real Federación Española de Squash.

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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 1, 10, 11, 14, 14a, 19, 28, 31, 36, 43, 45, 56, 85 and final disposition of the Statutes of the Royal Spanish Federation of Squash, 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 Registration of Sports Associations, I have the publication of the amendment of the Statutes of the Royal Spanish Federation of Squash, contained in the Annex to this resolution.

Madrid, October 8, 2015. -President of the Superior Council of Sports, Miguel Cardenal Carro.

ANNEX

Statutes of the Royal Spanish Squash Federation

Article 1.

1. The Royal Spanish Federation of Squash (hereinafter RFES) is a private, non-profit, associative entity with legal personality and its own and independent patrimony of its associates, whose scope of action extends to the whole of the the territory of the State, in the development of its own competences, consisting of sports federations with autonomy, sports clubs, athletes, technicians, judges, and, in general, how many natural or legal persons promote, practice or contribute to the development of squash sport.

2. The RFES is affiliated with the International Federation of Squash, whose Statutes it accepts and is obliged to comply, respecting, in any case, the Spanish legal order.

3. The RFES, in addition to its own powers, exercises, by delegation, administrative functions of an administrative nature, acting in this case as a contributing agent of the public administration.

4. The RFES does not accept any discrimination whatsoever for it or its members for reasons of birth, race, sex, opinion or any other personal or social conditions or circumstances.

5. The RFES is based in Madrid and its registered office in Calle Cochabamba 5, under 2, 28016 Madrid.

Article 10.

1. The federations integrated into the RFES should provide the information necessary for them to be able to know the programming and development of the sports activities, as well as their budget and the implementation thereof, in the event that they receive grants from the RFES.

2. They will also transfer their statutory and regulatory rules to the Royal Federation.

3. They must also communicate to the RFES the ups and downs of their affiliated clubs, athletes, referees and technicians, in order to prepare the census.

Article 11.

1. The federations integrated into the RFES must satisfy the quotas which, where appropriate, establish the same for participation in official state-wide competitions, and also those which may be the subject of the issuing of the licenses.

2. Without prejudice to the patrimonial independence and the autonomy of economic management of the Federations integrated in the RFES, the latter shall control the grants received from it, or through it.

Article 14.

1. For participation in any official sports competition, of a regional or state nature, in addition to the fulfillment of the specific requirements that are required in each case, according to the current competence framework, it will be necessary to be in possession of a self-governing sports licence, which shall be issued by the regional federations which are integrated into the RFES, under the conditions laid down in regulation.

2. The sports license will produce effects in the state and autonomous areas, from the moment they are registered in the registry of the autonomous federation.

The autonomous sports federations must communicate to the corresponding state federation the inscriptions they practice, as well as the modifications of these inscriptions; for this purpose it will be sufficient for the name to be referred and surname of the holder, sex, date of birth, number of the national identity card and license number.

3. In the cases of non-existence of a federation of autonomy, material impossibility, when determined by the federation of regional autonomy, or when the federation of autonomy is not integrated in the RFES, the issue of the federal license will be assumed by the RFES.

It is also up to the RFES to issue those licenses for which it is necessary to have a visa or prior authorization from the relevant international federation, and in particular when it comes out of the provided for in the statutes of those international federations.

4. The criteria for fixing the economic breakdown corresponding to the overall amount received by the autonomous federations for the issue of licences shall be laid down, in particular in the case of services reciprocally. It is also a question of how the European Union is to be able to take the necessary steps to ensure that the European Union is a member of the European Union. The distribution agreement must be adopted in the General Assembly and must also have a favourable vote of at least two-thirds of those responsible for the territorial federations which are designated for this purpose. These federations shall, in turn, represent at least two thirds of the licences for that sport. In the event that an agreement is not reached for the determination of the economic value corresponding to each autonomous federation and the state federation, that determination shall be subject to the decision of an independent body, whose President and other members shall be appointed in a balanced manner by the High Council of Sport and by representatives of all Autonomous Communities.

5. It is up to the RFES to prepare and permanently update the census of sports licenses, which must be available to all the autonomous federations, for which it will have the collaboration of the federations of autonomy.

The autonomic federations may have their own censuses or registers of the licenses they issue, while respecting the data protection legislation.

6. They will be unable to obtain a sports license to participate in official, state or regional competitions, athletes who have been sanctioned for doping, both at the state and international level, while The Member of the Commission Such disablement shall prevent the competent State or Autonomous Communities from recognising, where appropriate, maintaining the status of a high level athlete.

In their case by the Superior Council of Sports and the Autonomous Communities, mechanisms will be established to extend the effects of these decisions, as well as those aimed at providing mutual recognition to the disqualifications for obtaining sports licences, which allow participation in official, state or regional competitions.

They will not be able to obtain sports licenses for those people who are disabled, as consequences of violations provided for in the Organic Law 3/2013, of 20 June, of protection of health of the athlete and of the fight against the doping in sport and, where appropriate, in the existing regional regulations. All the provisions of this paragraph shall be understood in terms of the law in force in the field of the fight against doping.

Athletes who try to obtain a sports licence may be subject, prior to their granting, to a doping control, in order to determine compliance with the requirements laid down in this Directive. rules.

Article 14.bis.

According to the provisions of the Organic Law 15/1999 of 13 December, of Personal Protection, the data provided by the various Länder, will be incorporated and processed in the various files of which it is holder of the RFES, which brings together the basic level security measures and which are registered in the General Register of Personal Data under the Spanish Data Protection Agency.

The person responsible for this file is the RFES and the purpose of the collection and processing of the data is to process and manage sports licenses. Such data shall only be transferred and transferred to third parties in the field of sporting competitions, in order to comply, for the purposes exclusively derived from the exercise of the functions and duties of the RFES. The interested party may exercise the rights of access, rectification, cancellation and opposition at the headquarters of the RFES.

The integration into the RFES through the subscription and renewal of the federal license, implies the acceptance and free assumption by the athletes, of the following effects:

(a) Your consent to the relationship of the registration of competitions and in the publication of the results of these, published their data relating to the name, two surnames and number of licenses.

b) Your authorisation for the communication of your personal data to countries hosting international competitions, which in some cases may not have data protection legislation comparable to the Spanish one. The purpose of this communication shall be that of meeting the requirements of the entity.

Article 19.

1. The sessions of the collective organs of the RFES shall always be convened by its President, or at the request of the President, by the Secretary; and shall take place when the latter so agrees and, of course, in the times which, if any, determine the statutory or regulatory provisions.

2. The call for the collective organs of the RFES shall be notified to its members, accompanied by the agenda and shall be carried out within the terms specified in each individual case by the present Statutes; in the absence of such a provision and in Cases of special urgency shall be carried out at least 48 hours in advance.

However, they may be constituted, even if the requirements of the convocation have not been met, provided that all of its members are present and so agree unanimously.

The call may be made using the electronic means normally used by the RFES, as provided for in Articles 28, 31 and 36.

3. They shall be validly constituted, on first call, when the absolute majority of its members attend; and, second, when it is present, at least one third.

This will be without prejudice to specific assumptions in which these Statutes require a quorum of higher attendance.

4. It will be up to the President to direct discussions with his own authority.

5. Agreements shall be adopted by a simple majority, except in cases where the present Statute provides for a more qualified quorum.

6. Minutes shall be drawn from all sessions in the form provided for in Article 4. 40 of this order.

7. The votes against the agreements of the collegiate bodies or the reasoned abstentions shall exempt from the responsibilities which may arise from their adoption.

8. All the agreements of the collective bodies of the RFES shall be public, except where they decide, on an exceptional basis, to the contrary by unanimity.

The call may be made using the electronic means usually used by the RFES

Article 28.

1. The Ordinary General Assembly shall meet, in plenary session, once a year, for the purposes of its competence.

2. The other meetings shall be extraordinary and shall be held at the request of the President, or by agreement of the Delegation, adopted by a majority or at the request of a number of Members of the Assembly not less than 20% of the those that integrate it.

3. The convening of the Assembly shall be the responsibility of the President of the RFES and shall be made at 10 days in advance, except for the assumptions provided for in Article 19 of this order.

The call must be attached to its agenda, as well as the documentation concerning the matters to be dealt with, although the latter may be delivered at the beginning of the session in the case provided for in point 3 of the Previous article.

4. The call together with the documentation for the Assembly may be carried out by means of electronic or telematic means. The agreement on the use of these means for the convening of the General Assembly shall specify at least the electronic means by which the call shall be sent, the electronic means by which the request may be consulted. documentation relating to the items on the agenda and the time during which the information will be available. The system shall ensure the security, integrity, confidentiality and authenticity of the information.

Article 31.

1. The Delegated Commission shall meet at least once every four months on a proposal from the President, and its mandate shall coincide with that of the General Assembly.

2. Its convocation shall in any event be the responsibility of the President himself and shall be made at five days ' notice, except for the assumptions provided for in Article 19 of these Statutes.

3. Of particular urgency, the Delegated Commission may be convened, constituted and adopted by electronic or telematic means.

The President may agree to hold non-face-to-face meetings via telematics, electronics, or the Internet or any other means that technology develops.

This agreement shall be notified to the members of the Delegation and shall specify in particular and as appropriate:

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

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

The means, telematics, electronic, or internet or any other, by which the documentation relating to the order of the day and the time during which the information will be available can be consulted.

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

The means of casting the vote and the period of time during which you can 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.

Article 36.

1. The Board of Directors shall meet at least every six months or, at the discretion of the President, to whom it shall, in any event, be convened, as well as the determination of the matters on the agenda of each session. The minimum period of call shall be forty-eight hours.

In case of special urgency, the Board of Directors may be convened, constituted and adopted by electronic or telematic means.

The President may agree to hold non-face-to-face meetings via telematics, electronics, or the Internet or any other means that technology develops.

This agreement shall be notified to the members of the Board of Directors and shall specify in particular and as appropriate:

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

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

The means, telematics, electronic, or internet or any other, by which the documentation relating to the order of the day and the time during which the information will be available can be consulted.

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

The means of casting the vote and the period of time during which you can vote

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

The system shall ensure the security, integrity, confidentiality and authenticity of the information, establishing an electronic restricted access service for the members of the Board of Directors.

The agreements will be adopted by a majority, with the possibility of the President's vote being tied.

2. In order for the Board to be validly constituted, it will require the majority of its members to attend, in the first call, and, second, a third of the members.

3. Agreements which, in the exercise of their powers, adopt the Board of Directors, may not be the subject of recourse to the federal courts.

4. The members of the Board of Directors are specifically responsible for the acts, resolutions or agreements adopted before the General Assembly, which, if decided by the majority of two-thirds of those in full membership, may request his removal from the Chair of the RFES.

Article 43.

This title aims to develop the disciplinary rules established, in general, in Law 10/1990, of 15 October, of Sport, and Royal Decree 1591/1992, of 23 December, on discipline sports.

All regarding the matter of Doping and Health Control of the athletes will be subject to the provisions of the Law of the Organic Law 3/2013, of 20 June, of protection of the health of the athlete and the fight against the doping sports; and its provisions for development; as well as for provisions amending and/or replacing.

Article 45.

1. The disciplinary authority attributes to its legitimate owners the power to investigate and, where appropriate, sanction or correct the persons or entities subject to the disciplinary regime of the RFES.

2. The exercise of sports disciplinary authority shall be:

(a) To the judges-referees, during the development of the matches or competitions, subject to the rules laid down in these Statutes and in the provisions that develop them.

b) To sports clubs, about their partners or associates, athletes or technicians and managers or administrators.

Your agreements will, in any case, be subject to the disciplinary bodies of the RFES.

c) to the RFES, about all the people who are part of their own organic structure; about the clubs and their athletes, technicians and leaders; about the judges-arbitrators; and, in general, about all those persons or entities that, being federated or otherwise attached to the RFES, they carry out functions or exercise positions at the State level.

The sports disciplinary authority of the RFES will be exercised by a sports discipline committee.

Resolutions that deplete the administrative path will, in any case, be subject to the Administrative Court of Sport.

(d) to the Administrative Court of Sport, on the same persons and entities as the RFES, on this and its directors and, in general, on the whole of the sports organisation and the persons integrated into it.

Article 56.

1. The following shall be considered, in any case, as very serious infringements of the rules of the game or competition or the general sporting rules:

a) Abuse of authority.

b) The violation of sanctions imposed.

The breach will be appreciated in all cases where the sanctions are enforceable. The same scheme shall apply in the case of the breach of precautionary measures.

c) Actions aimed at predetermining, by price, intimidation or simple agreements, the result of a match or competition.

(d) The promotion, incitement, consumption, or use of prohibited practices referred to in Article 56 of the Law of Sport, as well as the refusal to undergo the checks required by competent bodies and persons; or any action or omission that prevents or disturbs the proper performance of such controls.

e) The aggressive and unsportsmanlike behaviors, attitudes and gestures of players when they are directed to the referee, other players, the public, technicians, managers or sports authorities.

(f) Public attitudes or statements of managers, technicians, judges, referees and athletes or partners who incite their teams or spectators to violence.

g) Lack of non-justified assistance to national team calls.

For these purposes, the call is understood to refer to both the training and the effective celebration of the test or competition.

(h) Participation in competitions organised by countries that promote racial discrimination, or those that weigh sports sanctions imposed by international organisations, or with athletes representing the same.

i) The falsehood in some fundamental data for the granting of the federal license, as well as the undue intervention in a test or competition.

j) The inexecution of the resolutions of the Administrative Court of Sport.

k) Notary and public acts that threaten the dignity or sports decorum, as well as the fame, credit and good name of the RFES, its President or members of the Board of Directors, when they are of particular gravity. The recidivism in serious infringements by facts of this nature shall also be considered to be very serious.

l) Manipulation or alteration, either personally or through person, of the sports equipment or equipment against the technical rules of the squash when they can alter the security or endanger the integrity of people.

m) The manifest disobedience to the orders and instructions emanating from the competent sports bodies.

In such organs, judges, technicians, managers and other sports authorities are included.

2. In addition to the common infringements provided for in the previous paragraph, very serious infringements of the following shall be considered as very serious infringements of the presidents and other management members of the RFES:

(a) Non-compliance with the General Assembly agreements, as well as the Electoral Regulation and other statutory or regulatory provisions.

Failure to act as a violation shall be those expressed in the statutes and regulations of the sports organization's entities, or those that, not yet, are serious or are of particular significance.

(b) The non-convocation, in the legal terms or conditions, in a systematic and repeated manner of the federal collegiate bodies.

(c) The incorrect use of private funds or of grants, credits, guarantees, and other State aid, of their self-employed or otherwise granted to the General Budget of the State.

For these purposes, the assessment of the incorrect use of public funds will be governed by the criteria that for the use of State aid and subsidies are contained in the State-specific legislation.

In terms of private funds, it will be the negligent or intentional character of the conduct.

(d) The commitment of multiannual expenditure of the RFES budget, without the regulatory authority.

e) The organisation of official activities or competitions of an international nature, without the regulatory authority.

3. They will be considered serious infringements:

(a) Notary and public acts that threaten the dignity or decorum of sport, as well as the fame, credit and good name of the RFES, its President or members of the Board of Directors.

(b) The exercise of public or private activities declared incompatible with the activity or sporting function performed.

c) The non-convocation, within the legal terms or conditions of the federal collegiate bodies.

d) Failure to comply with the rules of administration and management of the budget and assets provided for in the Law of Sport and other provisions that develop it.

e) Maltreating facilities or sports equipment.

f) Protests, intimidation or coactions, individual or collective, that alter the normal development of the encounter or competition.

g) Failure to comply with orders and instructions that have been adopted by the competent sporting bodies, if the fact is not of a very serious infringement.

h) Incompliance with the conditions or regulations of a tournament, including any rule on clothing or advertising.

i) The unjustified inappearance of a player, once the competition has begun, or a team to their meeting or competition.

j) The abandonment, without sufficient justification, of the track by a player, once the match has started, preventing the game from being played entirely.

k) Any unreasonable and serious conduct of a player, referee, coach or manager who disrepute the squash game.

4. Conduct which is clearly contrary to sporting rules, which are not subject to the rating of very serious or serious offences, shall be considered to be minor offences.

In any case, minor infractions will be considered:

(a) The comments made to the judges-arbitrators, technicians and other sporting authorities in the exercise of their duties in such a way as to mean a slight correction.

b) Light incorrectness with the public, peers and subordinates.

c) The lack of diligence in the execution of orders and instructions received from judges and sports authorities in the exercise of their duties.

d) Neglect in the conservation of sports facilities or equipment.

e) Abruptly occur in the game without causing damage.

f) The unjustified inappearance of a player or a team to their first meeting of a competition.

g) Do not attend the press conference planned by the tournament organization.

h) In general, non-compliance with sports rules due to negligence or neglect.

i) Acts that threaten the dignity or sports decorum, as well as the fame, credit and good name of the RFES, its President or members of the Board of Directors, when they are not public or public.

Article 85.

The disciplinary resolutions handed down by the Sports Discipline Committee of the RFES may be appealed against, within 10 working days, before the RFES Appeal Committee. The decisions given by the Appeal Committee deplete the federative path and may be appealed against, within 15 working days, before the Administrative Court of Sport.

The resolutions of the Administrative Court of Sport deplete the administrative route and will, where appropriate, be implemented through the RFES, which will be responsible for its strict and effective compliance.

Third end disposition.

The Board of Directors of the RFES may modify, if necessary, the present Statutes to adapt them to the indications and demands that, in the appropriate sense, perform the Superior Council of Sports.