Key Benefits:
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 Sports of the Superior Council of Sports has definitively approved the Statutes of the Royal Spanish Cycling Federation, and authorized its registration in the Register of Sports Associations.
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 1991 on Spanish sports federations, the publication in the Official Journal of the State of the Republic of Spain of the Statutes of the same and their amendments.
By virtue of the above, this Secretary of State agrees:
Arrange the publication of the Statutes of the Royal Spanish Cycling Federation contained in the Annex to this Resolution.
Madrid, 1 December 1993.-The Secretary of State-President of the Superior Council of Sports, Rafael Cortes Elvira.
ANNEX
STATUTES OF THE ROYAL SPANISH CYCLING FEDERATION
Article 1. The Royal Spanish Cycling Federation is a private, non-profit, associative entity with its own legal personality and its own and independent heritage.
Art. 2. The official name of the Spanish Cycling Federation will be: Royal Spanish Cycling Federation.
Art. 3. The address of the Royal Spanish Cycling Federation is located in Madrid, Calle Ferraz, 16, 5. right.
Art. 4. The sport modality whose development is the responsibility of the Royal Spanish Cycling Federation is that of cycling, understanding by such every manifestation that on road, field through, track or any other closed enclosure is practiced on a bicycle.
Art. 5. The Royal Spanish Cycling Federation will be made up of the Sports Federations of the Autonomous Community, sports clubs, athletes, technicians, referees and organizers who have the corresponding Spanish federal or regional license. approved.
Art. 6. The scope of the Royal Spanish Cycling Federation extends to the entire territory of the State in the development of its own competences and in the fulfilment of its aims, without prejudice to the competences that are legally of the Autonomous Federations.
Art. 7. The Royal Spanish Cycling Federation will be governed by the provisions of Law 10/1990, of 15 October, of the Sport; Royal Decree 1835/1991, of 20 December, on Spanish Sports Federations, provisions that develop the previous ones, by These Statutes and the Rules and Regulations of the UCI, in accordance with the Spanish legal order.
Art. 8. The Royal Spanish Cycling Federation aims to:
1. The direction, development, regulation, control and discipline of cycling in all its sporting events.
2. The organization in all the specialties of the cycling sport, of the Spanish Championships, of the Copa del Rey, of which the Royal Spanish Cycling Federation is the owner and the exclusive owner, being able, however, to delegate the organization of these official competitions in the Autonomous Federations and organizers of recognized national prestige.
3. The promotion of sports ethics and the
Art. 9. It corresponds to the Royal Spanish Cycling Federation:
1. The representation in Spain with exclusive character, of the UCI, and the international representation of the cycling of the Spanish State and defense of its interests before the aforementioned organism.
2. Show the representation of Spain in the official activities and competitions of international character held outside and within the Spanish territory.
It will be the competition of the Spanish Cycling Federation, the choice of the athletes who have to integrate the national teams.
3. The representation of Spanish cycling with exclusive character and defense of its interests before the Spanish Olympic Committee.
4. The authorisation and technical control of official competitions affecting more than one Autonomous Community, as well as all those which are of a national or international nature, even if they are developed within the territory of the same Community.
Art. 10. 1. Under the coordination and tutelage of the Superior Council of Sports, the Royal Spanish Cycling Federation will exercise the following administrative functions:
(a) Qualify and organise, where appropriate, official activities and competitions at the State level.
For these purposes, the organization of such competitions is understood to be related to the regulation of the general framework of the same, as established in the corresponding federal rules.
b) To act in coordination with the Federal Federations, for the general promotion of the sport of cycling in its various manifestations, throughout the national territory.
c) Design, elaborate and execute, in collaboration, in their case, with the Autonomous Federations, the plans of preparation of the high level athletes in their specialized cyclists, as well as participate in the elaboration of the annual lists of the same.
d) Collaborate with the State Administration and those of the Autonomous Communities in the training of sports technicians and in the prevention, control and repression of the use of prohibited substances and pharmacological groups and methods regulations in sport.
e) Organize or protect the official international competitions held in the territory of the State.
In order to organize, request or compromise this type of activities or competitions, the Spanish Cycling Federation must obtain authorization from the Superior Council of Sports, being, as regards the regime of the same, to the planning on international sports activities and performances.
f) Exercise the disciplinary authority of sport, in the terms established in the Law of Sport, its specific provisions of development and its Statutes and Regulations.
g) To exercise control of the grants assigned to the Associations and Sports Entities under the conditions set by the Superior Council of Sports.
h) To execute, as appropriate, the resolutions of the Spanish Committee for Sports Discipline.
2. The Royal Spanish Cycling Federation plays in relation to its partners, which are those that are determined in Article 5. of these Statutes, the functions of guardianship, control and supervision that the sports legal system recognizes.
3. The acts performed by the Royal Spanish Cycling Federation in the exercise of public functions of an administrative nature are subject to appeal to the Superior Council of Sports, whose resolutions deplete the administrative route.
Rendering and governance organs
Art. 11. The governing bodies and representation of the Royal Spanish Cycling Federation will necessarily be the General Assembly and the President.
A Delegate Commission will be set up in the General Assembly.
Art. 12. As complementary organs of government and representation there will be the Board of Directors and the General Secretary and the Manager, assisting the President.
All the agreements of the different organs of the RFEC will be public.
The Secretary-General shall also take up the minutes of each meeting of the various governing bodies.
Art. 13. General Assembly. -It is the top organ of the Royal Spanish Cycling Federation, in which the natural persons and entities referred to in Article 1 will be represented. of Royal Decree 1835/1991 and Article 5. of these Statutes. Its members shall be elected every four years coinciding with the summer Olympic Games, by free and secret, equal and direct suffrage, between and by the components of each corresponding sports modality in the proportion establishing the supplementary provisions of Royal Decree 1835/1991, due to the peculiarities of the Royal Spanish Cycling Federation.
Art. 14. The number of members of the Assembly shall be fixed in each call, in accordance with the electoral regulation to be approved, consisting of and according to the following percentages:
(a) By the Presidents of the Autonomous Federations integrated in the Royal Spanish Cycling Federation.
b) Representatives of Clubs: 41 per 100.
c) Sportsmen: 39 per 100.
d) Technicians: 10 per 100.
e) Judges: 9 per 100.
f) Organizers other than Clubs: 1 per 100.
Art. 15. Where there is a vacancy among the elected members of the Assembly, it shall be replaced by the person who follows in the number of votes obtained, by the constituency and the establishment concerned. To this end, the provisional and final lists shall be published as substitutes for each of the two persons who have obtained the largest number of votes after the elect, and shall be referred to as alternate number 1 and Number 2, according to the votes obtained, respectively.
In default, the Assembly may agree to hold elections in the constituency and issue for vacancy coverage, or vacancies when the number of such elections is equal to or greater than 20 per 100 of the members of the Assembly. Assembly.
Art. 16. Skills:
1. It is for the General Assembly, as necessary:
a) The approval of the annual budget and its liquidation.
b) The approval of the sports calendar.
c) The approval and modification of these Statutes.
d) The election and the end of the President.
2. They are also the powers of the Assembly:
a) Choose and cease the members of the Delegate Committee.
(b) Establish the limits and criteria to which the Delegated Commission is to be subject to the exercise of its powers.
c) Approve the administration of the President, prior to the report of the Delegate Committee.
(d) Approve, where appropriate, the issues of debt securities.
e) Approve the inajenations of elements of the real estate.
f) Approve legal business involving the taxation of the federal assets in the case of operations exceeding 10 per 100 of the budget or 50,000,000 pesetas.
g) Agreed to change the address of the RFEC.
h) Decide on the motion of censure on the President.
i) Deciding on any other matter submitted to you by the President or the Delegate Committee.
Art. 17. The General Assembly shall meet on an ordinary basis between 1 February and 15 March each year, in order to deal with the following matters:
a) Annual budget and its liquidation.
b) Annual sports calendar.
c) Managing the President and other governing bodies.
(d) the financial statements provided for in the rules for the adaptation of the General Accounting Plan for Federations, as well as the liquidation of the budget and the audit report referred to in Article 36 of Law 10/1990, of Sport.
e) Sports activity carried out during the previous year or annual memory of the Spanish Cycling Federation.
f) Annual sports program to be developed.
Art. 18. The other meetings of the General Assembly shall be extraordinary and may be convened by the President, at the request of the Commission delegated by a simple majority, or by a number of members of the Assembly not less than 20 per 100.
Art. 19. The call for the General Assembly shall be notified to its members at least 15 days in advance, except in duly justified cases of urgency, accompanied by the necessary documentation and antecedents relating to the matters to be dealt with, with the relevant agenda.
Art. 20. The Assembly will be validly constituted when one half of its members attend, in the first call, and one third, in the second.
Art. 21. The members of the Assembly may propose any subject that is of competence of the same, duly documented, with a minimum advance of ten days to the celebration.
Art. 22. Adoption of agreements. -1. The General Assembly decides by a simple majority of the votes cast, except for those matters in which the Statutes or higher provisions point out another majority.
2. A two-thirds majority of its members will be required to:
Agree on the issuance of debt securities.
Agree on the disposal of real estate.
3. An absolute majority of the votes cast will be required for the motion of censure against the President.
4. The votes shall be either by show of hands or by call, except in the case of elections or motion of censure on the President, in which case the vote shall be secret. The secret ballot may also be taken when the Assembly itself decides, by a simple majority, on a proposal of at least 10 per 100 of the assistants.
5. The Secretary shall be drawn up by the agreements and votes.
Delegate Commission
Art. 23. A Delegate Committee shall be set up within the Assembly.
Art. 24. 1. It corresponds to the Delegation of the General Assembly:
a) The modification of the sports calendar.
b) The modification of the budgets.
c) The approval and modification of the Regulations.
The modifications may not exceed the limits and criteria that the General Assembly itself establishes.
2. It also corresponds to the Delegate Commission:
a) The preparation of a report prior to the approval of the budgets.
b) The monitoring of the economic and sports management of the Federation, through the elaboration of an annual report to the General Assembly, on the memory of activities and the liquidation of the budget.
Art. 25. The members of the Delegation, who shall be members of the General Assembly, shall be elected every four years, by means of suffrage, with the annual vacancies to be filled in the first Assembly to be held.
The Delegate Commission will be composed of nine members plus the President, who will be the one of the Royal Spanish Cycling Federation, in accordance with article 17.3 of Royal Decree 1835/1991 of 20 November.
Three members will correspond to the Presidents of Federations of the Autonomous Community and will be elected by and among the members of the Assembly who are Presidents of Federations of the Autonomous Community.
Three members will correspond to the clubs and will be chosen by and among the members of the Assembly elected by this standard without those corresponding to the same Autonomous Community having more than 50 per 100 of the representation.
Three members corresponding to the rest of the distributed estates as follows: One by the sportsmen, one by technicians and one by referees.
The Delegate Committee 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.
The President
Art. 26. The President of the Royal Spanish Cycling Federation is the executive organ of the same. It holds its legal representation, convenes and presides over the governing and representation bodies and executes the agreements thereof.
Art. 27. The President holds the economic, administrative and sporting direction of the Royal Spanish Cycling Federation, in accordance with the provisions of these Statutes, assisted by the Board of Directors and, in particular, by the Vice-Presidents, the Secretary-General, the Manager and the Treasurer.
Art. 28. The President shall have a vote of quality in the event of a tie in the votes which take place in the collegiate bodies he presides.
Art. 29. He will be elected every four years, coinciding with the summer Olympic years, by free, direct, equal and secret suffrage, by the members of the General Assembly. The candidates, who may not be members of the General Assembly, shall be presented, at least, by 15 per 100 of the members of the Assembly, and their choice will be produced by a double-lap system, in the event that in a first round no candidate reaches the absolute majority of the votes cast.
In the event that the Presidency is exceptionally vacant before the end of the four-year period mentioned above, the General Assembly shall make a new election to cover that vacancy for the time remaining until the end of the period of four years. termination of the deadline for the ordinary mandate.
Art. 30. It shall not be elected President who has held such a condition without interruption during the three periods immediately preceding it, whatever the actual duration of the periods.
Art. 31. The position of President of the Royal Spanish Cycling Federation may be remunerated whenever such agreement, as well as the amount of remuneration, is approved by half plus one of the members present in the General Assembly. Gross remuneration, including legally established social expenditure, may not be met by public subsidies received by the Federation.
The President's remuneration will end with the end of his term of office, not being able to extend such remuneration beyond the duration of the term.
Likewise, the President of the Spanish Cycling Federation will perform his duties according to the regime of dedication and incompatibilities that are set out in these Statutes.
Art. 32. Incompatibilities. -1. The performance of the office of President will be the cause of incompatibility to occupy managerial positions in another Spanish sports association.
2. You will not be able to take any charge in commercial companies or have economic interests in Companies and Companies that directly or indirectly contract with the Spanish Cycling Federation.
3. He will also be incompatible with the activity as a sportsman, coach or referee of the Spanish Cycling Federation, without prejudice to his license.
Art. 33. The President shall be responsible for the exclusive dedication of his office.
Art. 34. The President shall cease by:
1. Course of the deadline for which he was elected.
2. Death.
3. Resignation.
4. Approval of a motion of censure by the General Assembly.
5. Incur one of the grounds of incompatibility referred to in the previous article when it does not give up the incompatible activity or charge.
Art. 35. Vacant the Presidency, the Board of Directors will hold elections to it, constituting itself as the Gestora Commission of the Royal Spanish Cycling Federation, presided over by the First Vice-President, with the same attributions as these Statutes grant the President, in accordance with the provisions of Article 30, for the case of less than one year for the termination of the ordinary term of office.
Art. 36. In cases of absence or temporary incapacity, the President shall be replaced by the Vice-Presidents in his order.
Art. 37. Motion of censure. The motion of censure shall be proposed, at least, by a third of the Assembly and approved by secret ballot, by an absolute majority of the votes cast.
The maximum period for convening the Assembly to this effect will be twenty days, since the proposal is received at the Royal Spanish Cycling Federation.
Board of Directors
Art. 38. The Board of Directors is the collegiate body of government and representation of the Royal Spanish Cycling Federation, its members being freely appointed and revoked by the President of the same, who will preside over it.
Art. 39. The Board of Directors shall be composed, in addition to the President, at least, by two Vice-Presidents, five Vocals and one Treasurer, who will collaborate with the President in the economic management of the Royal Spanish Cycling Federation.
The first Vice President will be a member of the General Assembly.
The maximum number of its members may not exceed twelve.
Will be assisted by the Secretary General of the Spanish Cycling Federation, with a voice but no vote.
Art. 40. All the positions of the Board of Directors are honorary, except that of the President, if this is agreed in the Assembly.
Art. 41. The Board of Directors shall meet in plenary session at least once every two months. The other sessions will be extraordinary.
The convocation, which corresponds to the President, must be notified to its members with forty-eight hours, at least, in advance, except for cases of urgency, accompanying the agenda.
The sessions convened in cases of urgency will always be extraordinary.
Art. 42. The validity of the meetings of the Board of Directors shall require, on the first call, the majority of its members, and secondly, the third part thereof.
The deal-making will be done by simple majority.
Art. 43. Members of the Board of Directors shall cease by:
1. Death.
2. Resignation.
3. Revocation of appointment.
Art. 44. Without prejudice to the powers of the General Assembly and the Commission Delegated, where appropriate, it is for the Board of Directors:
1. Prepare the documentation that will serve as a basis for the General Assembly to carry out the functions that correspond to it.
2. Propose the date and order of the day of the ordinary and extraordinary General Assembly.
3. To call general elections to the General Assembly and to the Presidency of the Royal Spanish Cycling Federation.
4. To resolve the appeals against the agreements of the Boards of Directors of the Autonomous Federations for which they deny to any person or association of sport the license or the recognition of the entrance in the Royal Federation Spanish Cycling.
5. Propose to the Commission Delegate the approval of the Rules of Elections to the General Assembly and the Presidency.
6. To propose to the Commission Delegated the approval of the internal regulations of the Royal Spanish Cycling Federation, both technical and of competition and of its modifications.
7. Collaborate with the President in the economic, administrative and sports direction of the Spanish Cycling Federation and in the execution of the agreements of the other higher collegiate organs of government and representation of the same.
Art. 45. The President and all other members of the Board of Directors will perform their duties with the utmost diligence and will respond to the Royal Spanish Cycling Federation, in front of the Autonomous Federations with legal personality and in front of the creditors of the Royal Spanish Cycling Federation, for the property or economic damage caused by malice, abuse of powers or gross negligence.
The members of the Board of Directors will respond on the same terms to the Superior Council of Sports as to the grants received from the Board, as well as the irregularities in the implementation of the budget.
The same responsibility will exist for all the members of the Board of Directors with respect to the various organs of the Public Administrations, as far as the grants of the same are concerned.
The Manager
Art. 46. 1. The Manager of the Royal Spanish Cycling Federation is the administrative organ of the same and his appointment will be the responsibility of the President.
2. These are the Manager's own functions:
a) Take the accounting of the Spanish Cycling Federation, propose the payments and charges and write the balance sheets and budgets.
b) Exercise the economic inspection of all federal bodies.
c) Exercise control of the grants to be allocated to the territorial Federations.
(d) Inform the General Assembly, its Delegate Committee, the President and the Board of Directors, on matters that are subject to them or that they consider relevant to the good economic order.
3. Their employment relationship will be of a special nature, of the staff of senior management.
The Secretary-General
Art. 47. The Secretary-General, appointed by the President, permanently attends all the governing and representative bodies, as well as all the technical bodies and commissions of the Royal Spanish Cycling Federation.
By delegation of the President holds the leadership of the staff of the Royal Spanish Cycling Federation.
Art. 48. The Secretary-General shall act as the Secretary of all the collegiate higher bodies of the Royal Spanish Cycling Federation, provide documentation and information on matters which are the subject of deliberation and shall draw up the minutes of his sessions. Once the minutes have been approved, he will sign them, with the approval of the President, and will guard the corresponding record books.
Art. 49. The responsibilities of the Secretary-General are as follows:
1. He is the head of the staff of the Royal Spanish Cycling Federation.
2. He coordinates the performance of the various organs of the Royal Spanish Cycling Federation.
3. Prepares the resolution for the dispatch of all matters.
4. It ensures compliance with all legal and sports rules, having duly informed about the content of the same to the organs of the Royal Spanish Cycling Federation.
5. Take care of the good order of all the federative dependencies.
6. It prepares the meetings of all the governing bodies and the technical bodies, acting in them with a voice but without a vote. He raises the minutes of his meetings and is responsible for the record books.
7. He receives, signs and issues the official correspondence of the Royal Spanish Cycling Federation, except the one reserved for him by the President, and carries an entry and exit record of the same.
8. Organizes, maintains and guards the archive of the Spanish Cycling Federation.
9. He provides documentation and informs the governing bodies and the technical bodies of the Royal Spanish Cycling Federation.
10. Prepare the annual memory of the Royal Spanish Cycling Federation for presentation to the General Assembly.
11. It issues the appropriate certifications of the acts of the organs of government and representation.
Technical Organs
NATIONAL COMPETITION AND DISCIPLINE COMMITTEE
Art. 50. The National Committee on Competition and Sports Discipline will be composed of a President, and a maximum of four Vocals and a minimum of two, all of them Licensed in Law.
You will be assisted by those people whose presence is deemed necessary or convenient for information on specific issues.
Art. 51. The National Committee on Competition and Sports Discipline is the highest federative body, to whom it is appropriate to know how many issues or incidents occur on the occasion of the competition and the violations committed against the discipline and the sports rules for persons subject to federal jurisdiction.
Its competence, organization and operation will be determined by a specific regulation in accordance with the regulations in force in the material and in particular to Royal Decree 1835/1991 of 20 December on Sports Federations. Spanish, and Royal Decree 1591/1992, of 23 December, on Sports Discipline, and which must be approved by the Superior Council of Sports.
NATIONAL COMMITTEE OF REFEREES AND TIMEKEEPERS
Art. 52. The National Committee of Referees and Timekeepers will be responsible, under the leadership of the Royal Spanish Cycling Federation, for the organization of the arbitration activities, creating for such purposes the necessary delegated bodies to develop their functions in all the national sectors, within the federative organisation, establishing proper coordination between their respective roles and exercising the inspection of the arbitral functions. The competence of the National Committee of Referees and Timers shall also be extended to the time-keepers and other auxiliary persons.
Art. 53. The National Committee of Referees and Timers will have a President, appointed by the President of the Royal Spanish Cycling Federation.
Your functions will be:
Set up the levels of arbitration training.
Classify the Judges or Referees technically, proposing the attachment to the corresponding categories.
Approve the administrative rules by regulating the arbitration.
Coordinate with the Autonomous Federations the levels of training.
Designate the collegiates in the competitions at the state and international level to be held in Spain and have not been designated by the International Federation.
Art. 54. The National Committee of Referees and Timers will have the necessary Commissions for the fulfillment of their aims, for the general government and to carry out the care work, promotion, technical training and evaluation of actions of the Judges and Timers.
Art. 55. The National Committee of Referees and Timekeepers shall adjust their performance to the Reglametno as determined by their functions and the manner in which they are to be completed.
This Regulation should be approved by the Commission Delegated to the Spanish Cycling Federation. PROFESSIONAL, SPORTS ASSOCIATIONS, SPORTSMEN, COACHES AND JUDGES
Art. 56. In the Royal Spanish Cycling Federation, a Professional Cycling Commission is set up.
Art. 57. The Commission shall be responsible for proposing to the RFEC, in turn, to bring it to the Assembly or to the Commission Delegated, where appropriate, the regularisation, organisation, promotion and development of professional cycling activity in all the territory of the State.
Art. 58. The Sports Associations will be integrated, at their own request, in the Royal Spanish Cycling Federation through the Autonomous Federation that corresponds to them for the geographical situation and their legal domicile, provided that they conform to the legislation They are committed to comply with the Statutes and Regulations of the Royal Spanish Cycling Federation, and to submit to the authority of the federative bodies in relation to the matters of their competence.
Art. 59. The same criteria and requirements will apply for the integration into the Royal Spanish Cycling Federation of sportsmen, coaches and referees.
Art. 60. The integration into the RFEC will be produced by the granting of the corresponding federal license, which can only be refused in duly justified exceptional cases.
Art. 61. All members of the Royal Spanish Cycling Federation have the right to be protected from the same in respect of their legitimate sporting interests, as well as to participate in their activities and in the functioning of their organs, according to the with the present Statutes and with the Rules of Procedure of that Statute.
The members of the Royal Spanish Cycling Federation have, in turn, the duty to abide by the agreements of their organs, without prejudice to recourse, to the competent federal authorities and, where appropriate, to the jurisdiction of the courts. ordinary, those who consider to be contrary to law.
NATIONAL SCHOOL OF TRAINERS AND GENERAL TEACHINGS
Art. 62. The National School of Trainers and Teachings will have in charge all kinds of teaching that originates in the Royal Spanish Cycling Federation, in coordination with the organs corresponding to the discipline taught. Its arrangements and operation shall be governed by a regulation.
Licenses
Art. 63. 1. For participation in official sports activities or competitions, it will be necessary to be in possession of a license issued by the Royal Spanish Cycling Federation, according to the following minimum conditions:
Uniformity of economic conditions for each category of cyclist, in similar activity, the amount of which will be fixed by the General Assembly. The revenue produced by these concepts will be primarily aimed at financing the structure and functioning of the Royal Spanish Cycling Federation.
Uniformity of content and data expressed according to the different categories
as sports.
The Royal Spanish Cycling Federation will issue the requested licenses within 15 days from your request, once verified the compliance with the sports requirements established for your expedition, in its Statutes or Regulations.
2. The licences issued by the Autonomous Federations shall enable such participation when they are integrated into the Royal Spanish Cycling Federation, issued within the minimum conditions of economic and formal nature which secure and communicate their issue to the same.
For these purposes, the rating will take place once the Autonomous Federation pays the Royal Spanish Cycling Federation the corresponding economic quota in the deadlines that are set in the regulations of this one.
The licences issued by the Autonomous Federations which, as provided for in the preceding paragraphs, enable participation in official state-wide sports activities or competitions, shall be entered in the details, at least in the official Spanish language of the State.
These licenses will reflect three economic concepts:
Mandatory insurance as referred to in article 59.2 of the Law of Sport, in the case of non-professional cyclists.
Quota for the Royal Spanish Cycling Federation.
Fee for the Autonomous Federation.
Economic Regime
Art. 64. The Royal Spanish Cycling Federation has its own system of administration and management of budget and patrimony, application of article 36 of Law 10/1990.
The deficit budgets will not be approved except for the authorization of the Superior Council of Sports.
Art. 65. The Royal Spanish Cycling Federation, which has its own heritage and budget, will adapt its accounts to the rules laid down for the General Accounting Plan, in accordance with the Order of the Ministry of Finance of 10 February 1984 and the Order of the Ministry of Culture of 20 December of the same year, as long as the new Law of Sport 10/1990, of October 15, and Royal Decree 1835/1991, of 20 December 1991, is developed.
Art. 66. The Board of Directors will prepare the draft budget for each financial year which, with the report of the Delegate Commission, will be presented to the Superior Council of Sports.
Art. 67. The Board of Directors shall draw up the financial statements provided for in the adjustment rules of the General Accounting Plan for Federations, as well as the settlement of the budget, together with the corresponding explanatory memorandum and the report of the Delegate Committee. Those financial statements shall be audited in accordance with the provisions of the Law on Sport and supplementary provisions and the report issued by the auditors shall be brought to the attention of the Assembly.
Art. 68. 1. The patrimony of the Royal Spanish Cycling Federation will be composed of the goods and rights the ownership of which corresponds to it.
2. They are resources of the Royal Spanish Cycling Federation, among others, the following:
(a) The grants that the Public Entities can grant them.
b) The donations, inheritances, legacies and prizes awarded to them.
c) The benefits of the sports activities and competitions they organize, as well as the derivatives of the contracts they make.
d) The fruits of your heritage.
e) The loans or credits they obtain.
f) Any other items that may be attributed to you by legal provision or by virtue of a convention.
Disciplinary regime
Art. 69. Sports discipline is governed by the Law of Sport, by Royal Decree 1591/1992, of 23 December, on sports discipline, by the present Statutes and by the Federative Regulation that is approved in accordance with the provisions of the Article 20 of the Royal Decree on sports discipline.
Art. 70. The Royal Spanish Cycling Federation exercises disciplinary authority over all the persons who are part of its own organic structure; on the clubs and their cyclists, technicians and leaders; on the referees, and, in general, on all those persons or entities which, being attached to the Royal Federation, carry out functions or exercise positions at the State level.
Art. 71. 1. The scope of the federative discipline extends to the infringements of the rules of the game and the general rules of sport, typified in the Law of the Sport, in its provisions of development and in the own legal order of the Royal Spanish Cycling Federation.
2. Actions or omissions which, during the course of the game, violate, prevent or disturb their normal development are violations of the rules of the game.
3. Other actions or omissions which are contrary to what they determine, oblige or prohibit, are an infringement of the general rules of sport.
Art. 72. 1. In determining the responsibility for sporting offences, the federative disciplinary body must abide by the principles reporting on the right of sanctioning.
2. No penalty may be imposed for actions or omissions which are not typified as an infringement at the time of the date of application; nor may corrective measures be imposed which are not laid down as a rule prior to Commission of the European Union
3. Penalties may be imposed only on the basis of a file instructed to the effect with an audience of the person concerned and subsequent right to appeal.
Art. 73. At the express and well-founded request of the person concerned, the disciplinary bodies may, in a reasoned opinion, agree to suspend the execution of the penalties imposed, irrespective of the procedure followed, without the mere interposition of the resources which The same applies to the same or to suspend compliance.
The possibility of suspension, with the same capacity as powers, will also be exercised in the case of sanctions consistent with the closure of sports facilities.
In any case, it will be weighted, as a special circumstance to access to leave in abeyance the execution of the act resorted, the damages of difficult or impossible reparation that could be derived from its fulfillment.
Art. 74. The Secretariat of the disciplinary body of the Royal Spanish Cycling Federation must carry out, scrupulously and in the day, a record of the penalties imposed, for the purposes, inter alia, of the possible assessment of amending circumstances. of the responsibility and the computation of the terms of the prescription, both of violations and of sanctions.
Art. 75. The resolutions must express the classification of the fact that is sanctioned, by citing the violation and expression of the appeal that is necessary, illustrating the organ to which it corresponds, and the time limit established for this.
Art. 76. The faults can be very serious, serious and mild, determination that will be made based on the principles and criteria set out in Royal Decree 1591/1992, of December 23, on sports discipline.
Art. 77. 1. The following shall be considered, in any case, as very serious common infringements of the rules of the game or competition or the general sporting rules:
a) Abuse of authority.
b) The violations 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 a breach of precautionary measures.
c) Actions aimed at predetermining by price, intimidation or simple agreements the result of a test or competition.
d) The aggressive and anti-sports behaviour, attitudes and gestures of players, when they are addressed to the referee, other players or the public.
e) Public statements of directors, technicians, referees and athletes or members who incite their teams or spectators to violence.
f) The lack of non-justified attendance at the national sports teams ' calls.
To these effects the call is understood regarding both the training and the effective celebration of the test or contest.
g) Participation in competitions organized by countries that promote racial discrimination, or those that weigh sports sanctions imposed by International Organizations, or with athletes representing the "
(h) Notary and public acts that threaten the dignity or decorum of sports, when they are of particular gravity. The recidivism in serious infringements by facts of this nature shall also be considered to be very serious.
i) The manipulation or alteration, either personally or through the person of the person, of the material or sports equipment against the technical rules when they can alter the security of the test or contest or put in danger of the integrity of the people.
j) Misalignment and unjustified inappearance or withdrawal of evidence, meetings or competitions.
k) The inexecution of the resolutions of the Spanish Committee for Sports Discipline.
Art. 78. Other very serious infringements of the directors. -In addition to the common infractions foreseen above, are very serious specific infractions of the President and other members of the Royal Spanish Cycling Federation, the following:
(a) Non-compliance with the General Assembly agreements, as well as electoral regulations and other statutory or regulatory provisions.
Non-compliance with sports discipline, constituting an infringement shall be those expressed in the Statutes and Regulations of the Royal Spanish Cycling Federation, or those which, not yet, are in serious or serious Special importance.
(b) The non-convocation, in the legal terms or conditions, in a systematic and repeated manner of the federative collegiate bodies.
(c) The incorrect use of private funds or of grants, credits, guarantees and other State aid, of their Autonomous Bodies, 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 specific legislation of the State.
As for the private funds, it will be the negligent or intentional character of the conduct.
(d) The commitment of expenditure of a multiannual nature to the budget of the sports federations, without the regulatory authority.
Such authorization is provided for in Article 29 of Royal Decree 1835/1991 of 20 December, on Spanish sports federations, or in the regulations that at any time regulate such assumptions.
e) The organisation of official sports activities or competitions of an international nature, without the regulatory authority.
Art. 79. Other very serious offences in the field of professional sport. -In addition to those set out in the previous two articles, they are very serious infringements of the professional sports clubs, the organisers and, where appropriate, the its administrators or managers:
(a) The breach of the agreements on the prizes of the races.
Non-compliance will be understood to have occurred once the time-limits provided for in each case have been exceeded, which will be counted since the commitment has been met.
(b) Failure to comply with the obligations or commitments acquired with the State or with the athletes.
c) Failure to comply with the liability regimes of the members of the Boards of Directors.
Art. 80. Very serious infringement of the Royal Spanish Cycling Federation. -It will be considered a very serious infringement of the Royal Spanish Cycling Federation the unjustified non-issue of a license, as provided for in article 7.1 of the Royal Decree 1835/1991, of 20 December, on Spanish sports federations and development provisions.
Art. 81. Serious infringements. -They will have serious violations:
(a) The repeated failure to comply with orders and instructions issued by the competent sports bodies.
In such organs are the referees, judges, technicians, managers and other sports authorities.
(b) Notary and public acts that threaten sports dignity or decorum.
c) The exercise of public or private activities declared incompatible with the activity or sports function performed.
(d) The non-convocation, within the legal deadlines or conditions, of the federal collegiate bodies.
e) Failure to comply with the rules of administration and management of the budget and assets provided for in Article 36 of the Law of Sport and specified in its implementing provisions.
f) The manipulation or alteration, either personally or through person, of the material or sports equipment against the technical rules.
Art. 82. Minor infractions. -1. Conduct contrary to sporting rules which are not subject to the qualification of very serious or serious in the previous articles or in the regulations of the Royal Spanish Federation of the United States of Spain shall be considered to be minor offences. Cycling.
2. In any case they will be considered minor faults:
(a) The comments made to the arbitrators, technicians and directors and other sporting authorities in the performance of their duties, in such a way as to mean a slight correction.
b) The slight incorrectness with the public, companions and subordinates.
c) The adoption of a passive attitude in the performance of the orders and instructions received from judges, referees and sports authorities in the performance of their duties.
d) Neglect in the conservation and care of social premises, sports facilities and other material means.
Art. 83. Penalty to the Federation for very serious misconduct:
By the commission of the infringement provided for in Article 81 of the present Statutes, a fine of 50,000 to 5,000,000 pesetas may be imposed on the Royal Spanish Cycling Federation, regardless of the right of this to repeat against the person or persons who may be directly responsible for such an offence, who, if appropriate, may be punished for incurring abuse of authority.
For the determination of the amount of the penalty the budget of the Federation will be taken into account.
Art. 84. The penalties for application by the committee of very serious common faults shall be as follows:
(a) Fines not less than 500,000 pesetas and not more than 5,000,000 pesetas.
b) Loss of points or places in the classification.
c) Closing of sports venues.
d) Prohibition of access to the places of development of the tests or competitions, for time not exceeding five years.
e) Disablement to occupy positions in the sports organizations, suspension or deprivation of federal license with a time of two to five years.
f) Disablement in perpetuity to occupy positions in sports organizations, suspension or deprivation of federal license, also in perpetuity, in case of recidivism in infractions of extraordinary gravity.
Art. 85. The penalties applicable to the very serious misconduct of the directors shall be as follows:
a) Public assembly.
b) Temporary disablement from two months to one year.
c) Removal from office.
Art. 86. Penalties for serious infringements:
a) Public assembly.
b) Multa from 100 to 500,000 pesetas.
c) Loss of points or places in the classification.
d) Closing the sports hall for two months.
e) Disablement to hold positions in sports organizations, suspension or deprivation of a federal license from one month to two years.
Art. 87. The penalties for application by the commission of minor faults shall be as follows:
a) Aperception.
b) Amonstation.
c) Disablement to hold charges, suspension, or license deprivation for up to one month.
Art. 88. 1. Only penalties consisting of a fine may be imposed in cases where cyclists, technicians or judges are paid for their work. Their amounts must previously be quantified in the disciplinary regulation of the Royal Spanish Cycling Federation.
2. For the same infringement, a fine may be imposed simultaneously on any other sanction of a different nature, provided that they are intended for the category of the infringement and are consistent with the seriousness of the infringement.
The non-payment of financial penalties will be considered as a violation of sanctions.
Art. 89. The disciplinary body shall have the power to alter the result of the tests or competitions, in the case of a punishable event due to pre-determination by price, intimidation or simple agreements to alter the result of the test.
Art. 90. Prescription, deadlines and computation. -1. Infringements shall be subject to a period of three years, a year or a month, depending on whether they are very serious, serious or minor, the limitation period shall be counted on the day following the commission of the infringement.
The limitation period will be interrupted by the initiation of the sanctioning procedure, but if it remains paralyzed for one month, for cause not attributable to the person or entity subject to such procedure, it will be returned to the the relevant time limit, the limitation of the time limit being renewed once the processing of the dossier is resumed.
2. Penalties shall be imposed at the age of three years, the year or the month, in the case of serious, serious or minor offences, starting from the day following the day following that in which the person becomes a firm. the decision imposing the sanction, or since its compliance was broken, if it had started.
Art. 91. Disciplinary proceedings: disciplinary penalties may be imposed only on the basis of a dossier to the effect.
As for the substantiation of the various procedures, the provisions of Title II of Royal Decree 1591/1992 of 23 December 1992 on sports discipline will be included.
Arbitration
Art. 92. Matters which may be reconciled. -1. They may be subject to the conciliation procedure laid down in this Title, the differences or disputes arising between members of the Spanish Cycling Federation or subjects directly involved in cycling, on the occasion of the the application of sports rules which, because they are not included in the legal system, are freely available to the parties and whose violation is not subject to disciplinary sanctions.
2. The following issues may not be reconciled:
(a) Those arising in relations with the Superior Council of Sports, relating to the functions entrusted to that body.
(b) Those that relate to the control of prohibited substances and methods in sport, and safety in sports practice.
(c) Those relating to grants awarded by the High Council for Sport and, in general, those relating to public funds.
(d) In general terms, those included in Article 2. of the Arbitration Act of 5 December 1988.
Art. 93. Rules of Procedure. -1. The expression of the unambiguously will of the parties in conflict to submit to the conciliation procedure will be required. To this end, an arbitration agreement shall be concluded in writing, in which the waiver of the judicial route, the obligation to submit to the decision of the arbitrator or arbitrators and the rules of procedure shall be expressed.
2. The appointment of the arbitrator or arbitrators may be made by the parties to the arbitration agreement or entrusted to a third party. These are the causes of abstention and recusal from the legislation in force.
3. The costs incurred by the conciliation procedure shall be borne in equal parts by the litigants, unless the arbitral tribunal decides otherwise.
4. The arbitration agreement may agree to entrust the procedure to Corporations governed by public law or non-profit entities in whose Statutes arbitration functions are provided.
5. For the matters covered by this title, the rules on extrajudicial conciliation contained in the Law of Sport, its implementing rules and the Arbitration Law will be extra.
Documentary Regime
Art. 94. The documentary regime of the Royal Spanish Cycling Federation will comprise the following books:
1. Book Register of Autonomous Federations and Delegations, which shall reflect the names of the same, their registered office, the field of competence, organization, names and names of the President and of the governing bodies, and representation, dates of the inauguration and the cessation of the same.
2. Record book of Sports Associations of Cycling, in which the names of these and registered offices, names and names of the Presidents and other members of the Board of Directors, date of possession and cessation of the said posts shall be established.
3. Books of Acts, which will record the meetings held by all the collegiate bodies of the Royal Spanish Cycling Federation, both government and representative.
4. Books of accounts, in which both the patrimony and the rights and obligations and the revenues and expenses of the Royal Spanish Cycling Federation will be included, and the origin of those and the investment of them must be specified.
5. Advertising and reporting standards:
(a) By way of certification through the General Secretariat, after a reasoned request addressed to the President of the Royal Spanish Cycling Federation.
b) Direct statement of the books: Prior written reasoned and directed to the President. The exhibition of the books will be made at the premises of the RFEC and in the presence of the Secretary General.
(c) The Sports Council will have the right to supervise the books and accounts of the Royal Spanish Cycling Federation.
Legal regime
Art. 95. In the face of the acts and agreements of the organs of the Royal Spanish Cycling Federation, its members may come, once the federal resources have been exhausted, to the ordinary jurisdiction, except as provided for in Article 10.3.
If the parties involved in the conflict voluntarily submit to it, they will be able to attend an arbitration of equity, in which the arbitrators will be appointed by the Superior Council of Sports.
Autonomic Federations
Art. 96. The integration of the Autonomous Federations, in the Royal Spanish Cycling Federation will occur, after agreement adopted by the organ that according to its Statutes corresponds, that will be raised to the Royal Spanish Federation of Cycling, with express the declaration that they are freely and expressly subject to the determinations which, in the exercise of the powers of the Federal Government, are to be taken in respect of participation in competitions at State and international level.
Art. 97. The following rules will apply to the integration produced:
1. The Autonomous Federations shall retain their legal personality, their own and differentiated assets, their budget and their particular legal status.
Without prejudice to the foregoing, the RFEC shall control, in accordance with the criteria of the General Assembly, the grants received by the Autonomous Federations of the RFEC through it.
2. The Presidents of the Federal Federations will be part of the General Assembly of the Royal Spanish Cycling Federation, representing them. In any case, only one representative will exist for each one.
3. The sporting disciplinary regime in the case of official state-wide competitions, will be in any case, that provided for in the Law of Sport, in the Royal Decree of sport discipline, in the present Statutes and in the specific regulation of Sports discipline of the RFEC, regardless of the content of the provisions in force in the respective autonomous areas.
4. The autonomous federations, integrated in the Royal Spanish Cycling Federation, will be represented in the respective Autonomous Community.
5. There shall be no territorial delegation of the Royal Spanish Cycling Federation in the field of an autonomous federation, when it is integrated into that federation.
Art. 98. 1. The Federations integrated in the Royal Spanish Cycling Federation will have to provide this information necessary so that you can know, at all times, the programming and development of the sports activities, as well as your budget.
2. They will also transfer their statutory and statutory rules to the Royal Spanish Cycling Federation.
3. They will also account for the Royal Spanish Cycling Federation of the ups and downs of their affiliated clubs, runners, referees and technicians.
Art. 99. The territorial jurisdiction of the Federations shall be the same as that of the respective Autonomous Communities.
Art. 100. The Autonomous Federations will be represented through its President, in the General Assembly.
Art. 101. The Autonomous Federations with legal personality will adjust their Statutes to the norms dictated by the corresponding Autonomous Communities, which will have to recognize the competition of the Spanish Federation of Cycling in the competitions (a) the Commission is responsible for the implementation of the Treaty on European Union and the Council of the European Communities on the implementation of the Treaty on European Union.
Art. 102. The Autonomous Federations will have to collect the shares of the members of the Spanish Cycling Federation and hand them over to it.
Without prejudice to the patrimonial independence and the autonomy of economic management that the Autonomous Federations may have, the Royal Spanish Cycling Federation will control, according to the criteria of the Assembly General, the grants that are received from or through it.
Art. 103. The Autonomous Federations will have to provide the Royal Spanish Cycling Federation with the necessary information so that it can know at all times the programming and development of the sports activities, its budget and the execution of the in order to enable the General Assembly to carry out the task of coordination which it is responsible for.
Art. 104. The Autonomous Federations which lack legal personality shall have the character of delegations, and there shall also be delegations of the RFEC in those Autonomous Communities whose Federation is not integrated in it.
Extinction
Art. 105. 1. The RFEC will be dissolved:
a) By the revocation of their recognition. If the conditions or motivations that gave rise to it disappeared, or the Board of Directors of the Higher Sports Council considers that the objectives for which the Federation was constituted, a procedure will be instructed addressed to the revocation of that recognition, with a hearing of the RFEC itself and, where appropriate, of the Federations of autonomy within it integrated.
The Board of Directors of the Superior Council of Sports will decide, in a reasoned manner, on such a revocation and against its agreement to bring the relevant administrative resources.
b) By judicial resolution.
c) For other reasons provided for in the general legal order.
2. In the event of the dissolution of the RFEC, its net worth, if any, shall apply to the carrying out of similar activities, determined by the High Council of Sports its specific destination.
Modification of the Statutes
Art. 106. The Statutes of the Royal Spanish Cycling Federation may be amended only by agreement of the Assembly, after the inclusion of the amendment in the order of the day of the amendment.
Art. 107. The proposed modification may be carried out:
1. For a quarter of the members of the Assembly.
2. For the Delegate Committee.
3. For the President.
Art. 108. Approved the amendment of the Statutes, it will only be effective from the moment it is ratified by the Superior Council of Sports.
TRANSIENT PROVISIONS
First.-As long as the integration of the Territorial Federations into the RFEC is carried out, as provided for in Articles 75 et seq. of these Statutes, all the Territorial Federations shall be deemed to be are integrated into the RFEC, with a deadline of
Second.-As long as the rules laid down in the first paragraph 1 of Royal Decree 1591/1992 on sports discipline for the suppression of doping practices are not adopted, they will be the application of the penalties and infringements, as well as the verification procedures provided for in the relevant RFEC Regulation, in accordance with the rules of the UCI.
Third. -The General Assembly of the Royal Spanish Cycling Federation authorizes the Commission Delegated to amend these Statutes in those matters to be determined by the Superior Council of Sports, without the call of the Assembly.
