Act 10/1990 Of 15 October, Sport.

Original Language Title: Ley 10/1990, de 15 de octubre, del Deporte.

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TEXT

JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Law:

PREAMBLE

The sport, in its multiple and varied manifestations, has become our time in one of the social activities with the greatest roots and capacity for mobilization and convocation.

Sport is a fundamental element of the education system and its practice is important in the maintenance of health and is therefore a corrective factor for social imbalances which contributes to the development of the The European Commission has also been a member of the European Commission in the field of human rights. All this makes sport a determining factor in the quality of life and the active and participatory use of leisure time in contemporary society.

The importance of sport was gathered in the set of guiding principles of social and economic policy, which is included in the third chapter of Title I of the Constitution, which in its article 43.3 states: " The public authorities promote health education, physical education and sport. They shall also facilitate the proper use of leisure. "

The answer to the constitutional duty to promote sport came, first, through Law 13/1980, of extraordinary importance at the time and which today needs to be replaced, not so much by the time since its publication as for the requirements arising from the gradual interpretation of the autonomic process, and the evolution of the sports phenomenon itself.

The fundamental objective of the new law is to regulate the legal framework in which sports practice must be developed in the State sphere, rejecting, on the one hand, the easy temptation to assume an excessive public role and, by another side, the propensity to abdicate all responsibility for the ordination and rationalization of any sector of collective life. It is not necessary to make use of the discourse on the legal nature of sports activities, since the practice of sport is free and voluntary and has its basis in society. The argument of the mandate, explicit in Article 43 of the Constitution and implicit in all its text, is enough to explain and justify that one of the noblest forms of fostering an activity is to worry about it and its effects, to order its development on reasonable terms, participate in the organisation of the development where necessary and contribute to its funding.

If the attribution of competences on sport or promotion of sport is explicit in the different Statutes of Autonomy-and therefore this Law does not try to carry out redistribution operations that do not correspond to it-it is not It is less true, first of all, that such an allocation must be made in strict connection with the territorial areas of the respective Autonomous Communities, and secondly, that sport is a matter-for the use of constitutional-on which, without a doubt, several competing titles have an impact. In this sense, there are several coordinated and cooperative actions between the State Administration and the Autonomous Communities for those competing powers that will undoubtedly lead to a more dynamic and dynamic sports policy. multiplier effects.

With regard to the first, it seems clear that the competitive facet of state and international that is inherent in sport justifies the state's actions. As the Constitutional Court stated in its day, the management of the self-interest of the Autonomous Communities does not make it possible "certainly, the affectation of interests that are characteristic of the Spanish federated sport as a whole", in such a way that it is It is absolutely necessary to connect public intervention with the area in which sport is involved. In short, this allows the respective fields of action of the State and the Autonomous Communities to be disallowed. And, of course, so does this Law that warns in various precepts of the reduction of its objectives derived from the constitutional requirements and that correspond to the competences of the State Administration, leaving the which legitimately correspond to the Autonomous Communities.

As for the second, it is also clear that sports activity is an obvious cultural manifestation, on which the State should not and cannot be oblivious to the imperative of the Constitution itself, even if only to to facilitate the necessary communication between the different autonomic areas. And, without knowing that the competences of education, research, health or mercantile legislation support the state performance in the matter, in its supra-autonomous facet. All this with absolute respect to the competences assumed by the Autonomous Communities in their Statutes of Autonomy, which has led in certain territories the enactment of own sports legislation in this field. Based on this reality, the corresponding articles are stated.

The sporting phenomenon, free and voluntary activity, presents these clearly differentiated aspects:

The sports practice of the citizen as spontaneous, selfless and playful activity or for educational and health purposes.

Sports activity organized through associative structures.

The sporting spectacle, mass phenomenon, increasingly professionalized and commoditized.

These different realities require specific treatments.

The Law aims at objectives that are directly related to the aspects of sport mentioned above:

Encourage sports practice and order its functioning, when it transcends the autonomic realm.

Recognize and facilitate organized sports activity through associative structures.

Regular the sporting spectacle, considering it as a progressively commoditized activity.

When referring to the contents that must contribute to the development of the objectives mentioned, it is necessary to state that the Law is a text that regulates the sport, and that it mentions in the general principles the treatment recognized to the physical education. This is part of the integral education of the person and, therefore, as a substantial part of the educational system, it must be the laws and regulations of an educational character, which regulate, without discrimination or marginality, that matter.

Without a doubt, an important Title of the Law is the one that refers to sports associationism.

At a first level, the Law proposes a new model of sports associationism that pursues, on the one hand, the promotion of grassroots sports associationism, and on the other, establishing a model of legal and economic responsibility for Clubs which carry out activities of a professional nature. The first is to achieve the creation of elementary sports clubs, a simplified constitution. The second, through the conversion of professional clubs into Sports Anonymous Societies, or the creation of such Societies for the professional teams of the sports modality that corresponds, new legal form that, inspired by the General regime of the Companies Anonymous, incorporates certain specificities to adapt to the world of sport.

The Law also provides specific attention to Spanish sports federations and professional leagues as second-degree associative forms. For the first time, the legal and private nature of the Federations is recognized in the legislation, while they are attributed to public functions of an administrative nature. It is in this last dimension that the different rules of protection and control that the State Administration can exercise on the Federations are based on and that the Law, cautiously, has established with an absolute and exquisite respect of the principles of self-organisation that are compatible with the surveillance and protection of public interests in the presence.

The Clubs of Clubs, and the Sports Promotion Entes are regulated as associations of state level and supra-autonomous implantation. The first ones with the exclusive object of developing sports performances in those modalities and activities not contemplated by the Spanish Sports Federations. The latter, as promoters and organizers of physical and sports activities for exclusively playful, formative or social purposes.

In correspondence with the imposition of a special legal-corporate form in the development of professionalized sport, the mandatory constitution, within the federal structures, of Leagues is established. exclusively and imperatively integrated by all clubs participating in official professional competitions. The Law does not authorize a bankruptcy of the federative nucleus, since this is the genuine catalyst of the work of promotion of the sport, but recognizes legal personality and organizational and functional autonomy to the professional leagues to the degree and with the intensity that this mode of sports practice advises. Hence, the Leagues are allowed to organize their own competitions in coordination with the respective Spanish sports federation and according to the criteria that, in the exclusive guarantee of the international commitments, can establish, where appropriate, the State Administration.

Corollary of the recognition of the private nature of sports federations and of its role as a contributing agency of the administration, is the direct and generic declaration of public utility that the Law carries out. The stamp of officialdom that, by state rating, the Spanish Sports Federations hold, finds here its most visible manifestation and, at the same time, justifies the protection and control of the State over the same.

Another aspect that needs to be mentioned expressly is the one that refers to the sport of high level, and above all to the measures of protection to the athletes that for their special qualities and dedication, represent the nation Spain in international competitions. None of the countries of our cultural environment has set aside the work of protecting this type of sports practices, even taking the necessary care to those athletes. And all the measures that the Law poses have been claimed by the sports agents, and today, by the representatives of the Spanish political spectrum, through a motion approved unanimously in the Congress of the Deputies.

The Law promotes the need to establish instruments for the prevention and control of the use of prohibited substances or the use of illegal methods aimed at artificially increasing the performance of athletes, and this is so important. for the damage it represents to the health of the sportsman as for the distortion of the sports phenomenon itself. Prevention and control measures, definition of prohibited substances and non-regulatory methods. The creation of a "Anti-Doping Commission" and the obligation to submit to controls by the federal athletes are aspects included in the text.

The growing social concern about the increase in violence in or around sports shows justifies the fact that the Law incorporates certain measures to combat the phenomenon of violence in this area. scope. The Law seeks, on the one hand, to adopt the provisions of the European Convention on Violence, drawn up by the Council of Europe and ratified by Spain in 1987; and, on the other, to include certain recommendations and measures proposed by the Commission. Special on violence at sports shows and passed by the Senate unanimously. Among them is the creation of a National Commission against Violence in these shows and the criminalization of administrative infractions related to security measures, as well as the sanctions corresponding to such violations.

The Law also provides for other aspects that, in a succinct way, must be listed: The definition of sports competitions, the regulation of the teachings that are currently supported by numerous professional situations, the incorporation into the Law of the fundamental criteria of the sports disciplinary regime, the opening of the way of the extra-judicial conciliation in sport in accordance with the new Law of Arbitration, the creation of the General Assembly of Sport, The Spanish Olympic Committee also joined as a private association whose object consists in the development of the Olympic movement and dissemination of its ideals, declaring it of public utility for the purposes of its own purposes.

Finally, it is also necessary to point out the new features of the Additional Provisions. On the one hand, there is the possibility of an exception in the transformation in Sports Anonymous Societies for those clubs that are already participating in professional sports competitions, have demonstrated good management with the regime associative, maintaining a positive net worth during the last four years. These clubs are imposed on them, in the event that they opt for their transformation into a Sports Company, a specific regime and personnel responsible for the management that guarantees the economic stability of the clubs. On the other hand, the VAT law is amended to encourage grassroots sports associations, taking into account the spirit of the European directive and equating the tax regime of Spanish amateur clubs to their community counterparts.

TITLE FIRST

General principles

Article 1

1. The purpose of this Law is the organisation of sport, in accordance with the powers of the State Administration.

2. The practice of sport is free and voluntary. As a fundamental factor of the formation and integral development of the personality, it constitutes a cultural manifestation that will be tutored and fostered by the public authorities of the State.

3. The State will recognize and stimulate the organizational and promotional actions developed by the Sports Associations.

4. The exercise of the respective roles of the state public sector and the private sector in sport shall be in accordance with the principles of responsible collaboration between all stakeholders.

Article 2

The State Administration shall exercise the powers conferred by this Law and shall coordinate with the Autonomous Communities and, where appropriate, with the Local Corporations, those that may affect, directly and clearly, the general interests of sport at national level.

Article 3

1. The general programming of teaching will include physical education and the practice of sport.

2. Physical education shall be taught, as a compulsory subject, at all levels and educational degrees prior to that of university education.

3. All schools, public or private, must have sports facilities to attend to the physical education and the practice of sport, under conditions that are determined to be regulated.

To this end, the needs of accessibility and adaptation of enclosures for persons with reduced mobility should be taken into account.

4. The sports facilities of the educational establishments will be designed in a way that promotes their multi-purpose sport use, and can be made available to the local community and the sports associations, with respect to the normal development of teaching activities.

5. The State Administration shall coordinate in the manner that it is regulated, the sports activities of the universities that are state-wide and its promotion, in order to ensure its international projection, taking into account the powers of the Autonomous Communities and of the Universities themselves.

Article 4

1. The State Administration and the Educational and Sports Entities will pay particular attention to the promotion of the practice of sport by young people, in order to facilitate the conditions of their full integration into social development and cultural.

2. It is the responsibility of the State Administration to encourage the practice of sport by people with physical, sensory, mental and mixed disabilities in order to contribute to their full social integration.

3. Likewise, the State Administration will seek the necessary means to enable the athletes resident in the island territories and Ceuta and Melilla, participation in non-professional sports competitions at state level in conditions of equality.

Article 5

During the provision of the Military Service, sports activities will be promoted in order to create physical and sports habits that facilitate social and cultural integration.

Article 6

1. High-level sport is considered to be of interest to the State, while it is an essential factor in the development of sport, because of the encouragement it provides for the promotion of grassroots sport, in accordance with its technical and scientific requirements. preparation, and for its representative role of Spain in the official international sports tests or competitions.

2. The State Administration, in collaboration with the Autonomous Communities, where appropriate, shall endeavour to provide the means necessary for the technical preparation and scientific and medical support of high-level athletes, as well as their incorporation into the system. education and its full social and professional integration.

TITLE II

The Superior Council of Sports

Article 7

1. The performance of the State Administration in the field of sport corresponds and shall be exercised directly by the Superior Council of Sports, except for the supposed delegation provided for in this Law.

2. The Superior Council of Sports is an autonomous administrative body attached to the Ministry of Education and Science. The Government may amend this membership regulation.

3. They are the governing bodies of the High Council of Sports the President and the Commission.

Article 8

The following are the competencies of the Superior Council of Sports:

(a) Authorize and revoke the constitution and approve the statutes and regulations of the Spanish sports federations.

b) To recognize, for the purposes of this Law, the existence of a sports modality.

c) Agree, with the Spanish sports federations, their objectives, sports programs, especially those of high level sport, budgets and organic and functional structures of those, subscribing to the effect corresponding conventions. Such conventions shall have a legal/administrative nature.

d) Grant the economic grants to the Sports Federations and other Sports Entities and Associations, inspecting and verifying the adequacy of the same to the fulfillment of the intended purposes in the This Act.

e) Qualify official professional and state-wide competitions.

f) Promote and promote scientific research in sport, in accordance with the criteria set out in the Law on the Promotion and General Coordination of Scientific and Technical Research.

g) Promote and promote measures for the prevention, control and repression of the use of prohibited substances and non-regulatory methods, aimed at artificially increasing the physical capacity of sportsmen and women or to modify the results of the competitions.

(h) Act in coordination with the Autonomous Communities in respect of the general sporting activity, and cooperate with them in the development of the powers conferred on them in their respective statutes.

(i) Authorizing or refusing, on the basis of the Ministry of Foreign Affairs, the celebration in Spanish territory of official international sports competitions, as well as the participation of the national teams in international competitions.

j) Coordinate with the Autonomous Communities the programming of school and university sports, when it has national and international projection.

k) Develop and execute, in collaboration with the Autonomous Communities and, where appropriate, with the Local Entities, plans for the construction and improvement of sports facilities for the development of the sport of high competition, so how to update existing technical regulations on this type of plant in the field of their competences.

l) Develop proposals for the establishment of minimum teaching qualifications for specialised sports technicians.

It is also up to you to collaborate in the establishment of programs and study plans related to these degrees, to recognize the centers authorized to impart them, and to inspect the development of the programs of training in those Autonomous Communities which have not taken up competence in the field of education.

(m) Authorising the multiannual expenditure of the Spanish sports federations in the prescribed regulations, determining the destination of the net worth of those in the event of dissolution, controlling the subsidies which have granted them and authorise the lien and disposal of their immovable property, where they have been fully or partially financed by State public funds.

n) To permanently update the census of sports facilities in collaboration with the Autonomous Communities.

or) Authorize the registration of the Sports Anonymous Companies in the Register of Sports Associations, regardless of their registration in the records of the corresponding Autonomous Communities.

p) Authorize the registration of the Spanish Sports Federations in the corresponding International Sports Federations.

q) Collaborate in the field of environment and nature defense with other public bodies with competence in it and with the Federations, especially related to those.

r) Any other faculty legally or legally assigned to contribute to the realization of the aims and objectives outlined in this Law.

Article 9

The President of the High Council of Sports, with the rank of Secretary of State, is appointed and separated by the Council of Ministers. It has the representation and the top management of the Council, manages its assets, celebrates its own contracts of activity and gives, on its behalf, administrative acts.

Article 10

1. A Board of Directors, composed of representatives of the State Administration, Autonomous Communities, Local Entities and Spanish Sports Federations, whose presidency will be responsible, will be set up within the Superior Sports Council. to the President of the Council himself. Equally, they will be part of this Commission of recognized prestige in the world of sport designated by the President of the Superior Council of Sports.

The composition and functioning of the Commission's Directive will be determined by regulation.

2. These are specific powers of the Commission Directive, inter alia:

(a) Authorize and revoke, in a reasoned manner, the constitution of the Spanish Sports Federations.

b) To approve definitively the statutes and regulations of the Spanish Sports Federations, of the professional Leagues and of the Clubs of Clubs, authorizing their registration in the Register of Sports Associations corresponding.

c) Designate members of the Spanish Sports Discipline Committee.

d) To suspend, in a precautionary and provisional manner, the President and other members of the governing and control bodies of the Spanish sports federations and professional leagues, and to convene such collegiate bodies in the cases referred to in Article 43 (b) and (c) of this Law.

e) Recognize the existence of a sports modality for the purposes of this Law.

f) Qualify official professional and state-wide competitions.

g) Authorize the registration of the Spanish sports federations in the corresponding International Sports Federations.

h) Authorize the registration of the Sports Anonymous Companies in the Register of Sports Associations.

Article 11

1. The assets of the High Council of Sports shall be composed of the assets and rights of which the latter is entitled.

2. The Superior Council of Sports exercises, in respect of its own property and of which the State can ascribe it, the powers of management, defense and recovery that the Administration grants to the State Heritage laws.

3. For the disposal, cession and permuse of the own property of the Superior Council of Sports will be the provisions of the legislation on State Heritage.

4. The resources of the Superior Council of Sports are constituted, among others, by the following:

(a) The economic entries that are included in the General Budget of the State annually.

b) Those from Public Prices and Rates.

(c) Grants granted by Administrations and other public entities.

d) Donations, inheritances, legacies, and prizes granted to you.

e) The economic benefits that may produce the acts that contribute to the realization of their aims and objectives outlined in this Law.

f) The fruits of their heritage assets.

g) The loans and credits you get.

TITLE III

Sports Associations

CHAPTER FIRST

General disposition

Article 12

1. For the purposes of this Law, the Sports Associations are classified as Clubs, State-wide Club Groups, State-wide Sports Promotion Entes, Professional Leagues and Spanish Sports Federations.

2. The Leagues are associations of Clubs that will be constituted, exclusively and compulsorily, when there are official competitions of a professional character and state ambit, as established in article 41 of this Law.

3. State-wide Clubs of Clubs can be recognized with the exclusive object of developing sports performances in those modalities and activities not contemplated by the Spanish sports federations. Only one Pool may be recognised for each sport mode not covered by those Federations.

For the development of the sporting activity object of its creation, these groupings will coordinate their management with the sports federations of autonomy that have such a sport modality.

Recognition of these Pools will be reviewed every three years.

4. The names of Sociedad Anonima Sports, Professional League and Spanish sports federation shall apply, for all intents and purposes, to the sports associations that are regulated in this Law.

CHAPTER II

Sports Clubs

Article 13

For the purposes of this Law, private associations, consisting of natural or legal persons who have as their object the promotion of one or several sports modalities, the practice of the same by means of the law, are considered to be sports clubs. its partners, as well as participation in sports activities and competitions.

Article 14

Sports Clubs, depending on the circumstances indicated by the following articles, are classified as:

a) Elementary sports clubs.

b) Basic sports clubs.

c) Sports Anonymous Companies.

Article 15

1. All Clubs, whatever their specific purpose and the legal form they adopt, must register in the corresponding Register of Sports Associations.

2. The recognition for sporting purposes of a Club shall be credited by the certification of the registration referred to in the previous paragraph.

3. To participate in official competitions, the Clubs must register in advance in the respective Federation. This registration must be done through the Autonomous Federations, when they are integrated into the corresponding Spanish Federation.

4. In order to participate in official or international competitions, sports clubs must adapt their Statutes or operating rules to the conditions set out in Articles 17 and 18 of this Law. Their registration will also be carried out in the relevant Spanish Federation.

Article 16

1. The constitution of an elementary sports club shall be entitled to obtain a Certificate of Sports Identity, under the conditions and for the purposes that are regulated.

2. For the purposes of establishing such clubs, it shall be sufficient for their promoters or founders, always natural persons, to subscribe to a private document showing at least the following:

a) Name of the promoters or founders and the delegate or responsible, with their identification data.

b) Will to constitute the Club, purpose and name of the Club.

c) A domicile for the purposes of notifications and relationships with third parties.

d) The express submission to the sports rules of the State and, where appropriate, to those governing the modality of the respective Federation.

3. Sports clubs referred to in this Article may establish their internal rules of operation in accordance with democratic and representative principles. In its absence, the development of this Law shall be subsist.

Article 17

1. For the establishment of a basic sports club, its founders must register in the corresponding register provided for in Article 15 the founding act. The minutes must be given to Notary at least by five founders and to collect the will of them to constitute a Club with exclusive sports object.

2. They shall also submit their Statutes in which it shall contain at least:

a) Denomination, object and address of the Club.

b) Requirements and procedure for acquisition and loss of partner status.

c) Partners ' rights and duties.

(d) Governing and representation bodies and the regime of choice, which must conform to democratic principles.

(e) A regime of responsibility of the directors and the partners, under the conditions that they regulate. In any case the directors will respond to the partners, the Club or third parties, due to guilt or gross negligence.

f) Disciplinary regime.

g) Economic and financial regime.

h) Procedure for reform of its Statutes.

(i) A regime for the dissolution and destination of the goods, which shall in any case be applied for similar sports purposes.

Article 18

1. Public or private entities, with legal personality, or groups existing within them, which have been established in accordance with the relevant legislation, may accede to the Register of Sports Associations, when develop sports activities of an accessory character in relation to its main object.

2. For the purposes referred to in the preceding paragraph, the Entity or group concerned must grant public deed to Notary in which, in addition to the general provisions, the intention to constitute a sports club is expressly stated. including the following:

(a) Statutes or the part thereof that accredit their legal nature or reference to the legal norms that authorize their constitution as a group.

b) Identification of the delegate or responsibility of the Club.

c) System of representation of athletes.

d) Distinct budget regime.

Article 19

1. The Clubs, or their professional teams, who participate in official sports competitions of a professional nature and state level, shall take the form of the Sports Anonymous Society referred to in this Law. Such Sports Anonymous Companies will be subject to the general regime of the Company, with the particularities contained in this Law and its implementing rules.

2. The abbreviation 'SAD' shall be included in the name of these Societies.

3. Public Limited Companies shall have as their social object the participation in professional sports competitions and, where appropriate, the promotion and development of sports activities, as well as other related or derivative activities of such practice.

4. The Sports Anonymous Companies may only participate in professional official competitions in a single sport mode.

Article 20

1. The Sports Anonymous Companies must register, in accordance with the provisions of article 15 of this Law, in the Register of Associations and in the respective Federation. The registration certificate issued by the Registry of Associations must accompany the application for registration of the same in the Commercial Registry.

2. The founders of the Sports Anonymous Societies may not be able to reserve any benefits or remuneration of any kind.

3. The economic performance of the Sports Anonymous Societies shall be determined in accordance with the timetable established by the relevant Professional League.

Article 21

1. The criteria for fixing the minimum capital of the Sports Anonymous Companies, which in no case may be lower than that established in the Law of Limited Companies, will be determined regulatively.

2. The minimum capital of Sports Anonymous Companies shall be fully disbursed and through cash contributions.

3. The shares will be nominative, of the same kind and equal value. The maximum nominal value shall be fixed.

Article 22

1. Only natural persons of Spanish nationality, public legal persons, savings banks and Spanish entities of a similar nature and purpose, and private legal persons may be shareholders of the Sports Anonymous Companies. of Spanish nationality, or companies in whose capital foreign participation does not exceed 25%, and whose members, by reason of the rules governing them, are fully identified.

2. No natural or legal person referred to in the preceding paragraph may hold shares in proportion to one per cent of the capital at the same time in two or more Sports Anonymous Companies participating in the same competition.

To calculate the limit provided for in the preceding paragraph, the shares held directly by the holder and those by other persons or entities that constitute a unit of decision shall be computed.

3. Those natural persons who are subject to a relationship of dependence with a Sports Company, whether by virtue of a labor, professional or any other kind, may not own shares of another company participating in the same competition exceeding the proportion provided for in the preceding paragraph.

4. Exceeding the limits laid down in the preceding paragraph shall entail the obligation to dispose, within three months of the failure, of the necessary quantity of shares in order to comply with those limits.

In the case provided for in the second subparagraph, until the time of disposal, only the right to vote can be exercised in the entity for which the holder has freely chosen. This option must be communicated to the Clubs and the relevant Professional League in advance.

5. The General Boards of Shareholders of Sports Anonymous Companies will not recognize the exercise of political rights to those who acquire shares of the same, in violation of the provisions of this article.

6. The Statutes of the Sports Anonymous Company shall not contain any other limitation to the free transmissibility of the shares.

Article 23

All acts or legal businesses of the shareholders of a Sports Company that assume "inter vivos" disposition of the shares of this company, must be put by the Society in knowledge of the Professional League corresponding.

The form and content of the previous notification will be determined.

Article 24

1. The Company shall be administered by a Board of Directors composed of a minimum of seven members.

2. It cannot be Administrators who have a criminal record for criminal offences, who have been punished by a firm resolution on the administrative basis for any of the very serious infringements referred to in Article 76 of the present Law, nor those who have been declared bankrupt or in the contest of creditors and have not been rehabilitated.

Officials may also not be Administrators in the service of the Administration whose functions are related to activities of the Sports Anonymous Societies, nor those who are or have been during the last two years Administrators in another Sports Anonymous Society participating in the same competition.

3. Before taking possession, the Administrators shall be required to constitute a bond of the class and in the form and amount to be determined, in order to ensure the fulfilment of their obligations.

4. The Board of Directors may not conduct legal acts or business of disposition or lien on the real estate of the Company when such acts or business involve more than ten percent of tangible fixed assets, without authorization specific to each of the shareholders of the General Shareholders ' Meeting, taken by agreement of the majority of the social capital. The liability of the Company against third parties is hereby protected under the terms set out in the Companies Act.

5. The General Board shall also be required by the Administrators to carry out acts in excess of the forecasts of the expenditure budget for sports staff.

6. Irrespective of the general rules of liability of the Administrators, they shall be liable for any damages caused to the Company, the shareholders and third parties for non-compliance with the economic agreements of the Professional League. corresponding.

7. The action of responsibility against the Administrators may also be exercised by the Professional League and the Spanish Federation concerned.

8. The increase or decrease of the capital, the transformation, the merger, the division or the dissolution of the Society and, in general, any modification of the Social Statutes will have to be communicated by the Administrators to the Professional League as well as the appointment or separation of the Administrators themselves.

9. Within 40 days from the date of receipt of the communication provided for in the preceding paragraph, the Professional League may exercise the action of contesting the Agreements for the reasons and in accordance with the rules laid down in the the Law of Limited Companies.

Article 25

1. In the case of disposal for consideration of sports facilities that are the property of a Sports Company, the rights of the anteo and the retraction, with a preferential character, correspond to the City Hall of the place where they radiate the facilities or, in the case of not exercising it, to the respective Autonomous Community and, in the alternative, to the Higher Sports Council.

2. For the purposes set out in the preceding paragraph, the Administrators shall inform the High Council of Sport, in a feisty manner, of the decision to dispose, the price offered or the consideration, the name and address of the acquirer and the other conditions of the transaction. The effects of this notification will expire on the following one hundred and eighty calendar days.

3. The Superior Council of Sports, within forty-five calendar days, to count from the notification, and prior report of the Professional League, will transfer to the City Council and the corresponding Autonomous Community the indicated communication. Both the City Council and the Autonomous Community may make use of the right of tantalum within the following forty-five calendar days, notifying the Superior Council of Sports and making available to the Company the price.

If both Entities exercise the right of tanteo, the City Council will take precedence.

The Professional League report will be issued within twenty calendar days, from the request of the Superior Sports Council.

4. In the event that neither the City Council nor the Autonomous Community exercised the right of tanteo, the Superior Council of Sports may be entitled to do so within the period of 20 other days. If the person does not exercise it, the disposal may be carried out.

5. Likewise, the City Council, the Autonomous Community or the Superior Council of Sports may exercise the right of retraction, subject to the rules of the Civil Code, when the notification has not been made or any one has been omitted from it. the required requirements shall be lower than the price or consideration, or less onerous, of the other essential conditions of the latter, or if the transmission takes place in person other than that recorded in the notification for the purpose.

6. The right of retraction shall lapse to the thirty calendar days, counted from the following to the fehaciente notification, which, in any case, the acquirer shall make to the Superior Council of Sports, on the essential conditions in which the transmission, by means of a copy of the writing or document in which it was formalized. The Superior Council of Sports will communicate it to the City Council and the Autonomous Community, so that, for the next thirty days, they can exercise the right of retraction, taking precedence over the City Council if both institutions do so. exercise. If they do not do so, the Higher Sports Council may make use of this right for another thirty calendar days.

Article 26

1. The budgets and the accounting of the Sports Anonymous Companies shall be established in accordance with the Law of Companies and the Code of Commerce, and in accordance with the rules that are determined to be determined.

2. The Joint General Board shall approve the budget annually by the General Meeting of the Joint General Board. The draft budget shall be submitted to the General Meeting accompanied by a report to be issued by the Professional League within the time limit to be determined.

3. If the Sports Anonymous Companies have several sports sections, they shall keep separate and separate accounts for each of them, regardless of their consolidation in an overall balance sheet.

4. In addition to the legislation of Companies, the Professional League, the Superior Council of Sports and, where appropriate, the corresponding Autonomous Community, may determine the Sports Anonymous Societies, which must be submitted to a supplementary audit carried out by auditors appointed by the aforementioned entities.

Article 27

1. The Sports Anonymous Company may not distribute dividends until a single legal reserve is constituted, at least equal to half of the average of the expenses incurred during the last three financial years. During the first three financial years, this half shall be calculated on the amount of the initial budget or on the average of the expenditure incurred in the financial years that they have completed.

2. The loans of shareholders and administrators who are in favor of the Sports Anonymous Companies may not be required, if the Company has not obtained benefits in the last financial year prior to its expiration. In this case, they shall be renewed until the end of the financial year and shall be returned only if profits are obtained.

Article 28

Will have the consideration of tax deductible expenses in the Company Tax, in addition to those established in general in the tax legislation, those that the Sports Anonymous Companies credit carried out, for the promotion and development of non-professional sports activities, in sports clubs with which they have established a contractual relationship onerous, necessary for the realization of the object and purpose of such a Society.

Article 29

1. The Sports Anonymous Companies and the rest of the Sports Clubs, in order to form the national team, must make available to the Spanish Federation, the members of its sports staff, in the conditions that are determine.

2. No Sports Anonymous Company will be able to maintain more than one team in the same category of a sports competition.

CHAPTER III

Spanish Sports Federations

Article 30

1. The Spanish sports federations are private entities, with their own legal personality, whose scope of action extends to the whole of the territory of the State, in the development of their own competences, integrated by Sports federations with autonomy, sports clubs, athletes, technicians, judges and referees, professional leagues, if any, and other interested groups that promote, practice or contribute to the development of the sport.

2. The Spanish sports federations, in addition to their own powers, exercise, by delegation, administrative functions of an administrative nature, acting in this case as agents of the public administration.

Article 31

1. The Spanish sports federations shall regulate their internal structure and function through their Statutes, in accordance with democratic and representative principles.

2. They are the governing bodies and representation of the Spanish sports federations, as necessary, the General Assembly and the President.

3. The consideration of electors and eligible for the said organs is recognized as:

The athletes who have a license in force, approved by the Spanish sports federation at the time of the elections and have had it during the previous year, provided that they have participated in competitions or activities of the respective sports modality, official and state-wide, under the conditions that are regulated, except in those modalities where there is no competition or activity of such character.

Sports Clubs registered in the respective Federation, in the same circumstances as those mentioned in the previous paragraph.

The technicians, judges and arbitrators, and other interested collectives, likewise in similar circumstances to those mentioned in the previous paragraph.

4. For the position of President of the Spanish Sports Federations, the presidents of the autonomous sports federations that are part of the corresponding General Assembly will also be electors and eligible, according to established in Article 32.2 of this Law.

5. The electoral processes for the election of the said organs may be carried out, where appropriate, through the autonomic federative structures.

6. The Statutes, composition, functions and duration of the mandate of the governing and representation bodies, as well as the complementary organization of the Spanish sports federations, shall be in accordance with the criteria laid down in the for the development of this Law.

7. The Statutes of the Spanish Sports Federations, as well as their modifications, will be published in the "Official Gazette of the State".

Article 32

1. For the participation of its members in official or international sports activities or competitions, the sports federations of regional autonomy, must be integrated in the Spanish sports Federations corresponding.

2. The Statutes of the Spanish Sports Federations shall include the systems of integration and representativeness of the sports Federations of regional autonomy, as established in the provisions of the development of this Law. For these purposes, the Presidents of the Autonomous Federal Federations will be part of the General Assemblies of the Spanish Sports Federations, showing the representation of those.

3. The regional sports federations integrated into the corresponding Spanish Federations will have the representation of these in the respective Autonomous Community, not being able to exist in it territorial delegations of the Spanish sports federations, when the precise integration has been carried out.

4. For participation in official sports competitions at the state level it will be necessary to be in possession of a sports license issued by the corresponding Spanish Federation, according to the conditions and requirements to be established Regulation. The licences issued by the Autonomous Federal Federations shall enable such participation when they are integrated into the Spanish sports federations, which are issued within the minimum economic conditions which fix these and communicate their issue to them.

5. The territorial organization of the Spanish sports federations will be adjusted to that of the State in Autonomous Communities.

Article 33

1. The Spanish sports federations, under the coordination and tutelage of the Superior Council of Sports, will perform the following functions:

(a) Qualify and organize, where appropriate, official state-wide sports activities and competitions.

b) Act in coordination with the Autonomous Federations for the general promotion of their sports modality throughout the national territory.

c) Design, elaborate and execute, in collaboration, in their case, with the autonomic Federations, the plans of preparation of the high level athletes in their respective sports modality.

d) Collaborate with the State Administration and 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 regulatory in sport.

e) Organising or tutoring official international competitions to be held in the territory of the State.

f) Exercise disciplinary power in the terms set forth in this Law and its provisions for development.

g) Exercise the control of the grants that they assign to the Associations and Sports Entities in the form that is regulated.

2. The Spanish sports federations will have the representation of Spain in international sports activities and competitions. For these purposes it will be up to each Federation to choose the sportsmen and women who need to integrate national teams.

Article 34

1. Only one Spanish Federation may exist for each sporting mode, except for those with disabilities as referred to in Article 40 of this Law.

2. All Spanish sports federations must be registered in the Register of Sports Associations. Registration shall be authorised by the Board of Governors of the High Council of Sport and shall be provisional during the period of two years.

3. The Spanish Sports Federations shall be registered, with the authorization of the Superior Council of Sports, in the corresponding International Sports Federations.

4. The authorisation or refusal of registration of a Spanish sports federation shall be carried out on the basis of criteria of sport, national and international interest, and of the actual implementation of the sports modality.

5. The revocation of the recognition of the Spanish sports federations will take place due to the disappearance of the reasons that gave rise to it.

Article 35

1. The assets of the Spanish sports federations shall be made up of the assets held by them.

2. They are resources of the Spanish sports federations, among others, the following:

(a) The grants that the Public Entities can grant them.

b) Donations, inheritances, legacies, and prizes that are awarded to them.

(c) The benefits of the sporting activities and competitions they organise, 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 agreement.

Article 36

1. The Spanish sports federations will not be able to approve deficit budgets. Exceptionally, the High Council of Sport may authorise the loss of such budgets.

2. The Spanish sports federations have their own system of administration and management of the budget and patrimony, with the following rules, in any case:

(a) They can promote and organize sports activities and competitions aimed at the public, and must apply the economic benefits, if any, to the development of their social object.

(b) They may tax and dispose of their immovable property, take money on loan and issue securities representing debt or equity, provided that such legal businesses do not irreversibly commit the the property of the Entity or its social object.

In the case of real estate that has been financed, in whole or in part, with public funds from the State, the authorization of the Superior Council of Sports for its lien or disposal shall be required.

c) They may exercise, in addition, industrial, commercial, professional or service activities and allocate their assets and resources to the same sporting objectives, but under no circumstances will they be able to distribute profits between its members.

(d) They may not commit expenditure of a multiannual nature without the authorization of the High Council for Sport, where the nature of the expenditure, or the percentage of expenditure in relation to its budget, infringes the criteria laid down regulentarily.

e) They shall be submitted annually to financial audits, and in their case of management, as well as to limited review reports, on all expenditure. These actions may be commissioned and supported by the Higher Sports Council.

Article 37

In the event of the dissolution of a Spanish sports federation, its net worth, if any, will apply to the carrying out of similar activities by the Superior Council of Sports.

Article 38

1. A Board of Electoral Guarantees is created, organically attached to the Superior Council of Sports, which will immediately and ultimately ensure the right to the right of electoral processes in the governing bodies of the Spanish sports federations.

2. The composition of this Board, its powers, constitution and operating system shall be determined by regulatory means.

Article 39

Spanish sports federations must obtain authorization from the Superior Council of Sports, to request, commit or organize official sports activities and competitions of an international character.

Article 40

It is up to the government to establish the conditions for the creation of state-wide sports federations, in which athletes with physical, mental, sensory and mixed disabilities can be integrated.

CHAPTER IV

Professional Leagues

Article 41

1. In the Spanish Sports Federations where there is official competition of a professional character and state level, they will be made up, exclusively integrated and obligatory by all the Clubs that participate in the competition.

2. Professional Leagues shall have legal personality and shall enjoy autonomy for their internal organisation and functioning in respect of the relevant Spanish sports federation of which they are a party.

3. The Statutes and regulations of the professional leagues will be approved by the Superior Council of Sports, prior to the report of the corresponding Spanish sports federation, and must include, in addition to the general requirements indicated Regulation, a specific disciplinary regime.

4. They are the competences of the professional Leagues, in addition to those that can be delegated to them by the Spanish Sports Federation, the following:

a) Organize their own competitions, in coordination with the respective Spanish sports federation and in accordance with the criteria that, in the exclusive guarantee of national or international commitments, can establish the Top Sports Council.

b) To perform, in respect of their associates, the functions of guardianship, control and supervision established in this Law.

c) Exercise disciplinary power in the terms provided for in this Law and its Development Provisions.

CHAPTER V

Sports promotion entities

Article 42

1. They are sports promotion entities of the state, the associations of Clubs or Entities that have exclusively the promotion and organization of physical and sports activities, with playful, formative or social purposes.

2. In order to be recognised, it shall be required to have an organised presence in a minimum of six Autonomous Communities, at least in a number not less than one hundred associations or sports entities, registered in the corresponding registers of such communities, with a minimum of twenty thousand members, which are not for profit and which are regulated by Statute in accordance with the sporting rules of each Community, which provide for a minimum of democratic internal functioning, free accession and autonomy with respect to any political, trade union, economic or religious organization.

3. The requirements for such recognition shall be reviewed every four years by the Board of Directors of the Higher Sports Council.

4. Participation in competitions or sports activities at the state level organized by the Sports Promotion Entes, will be incompatible with the participation in the competitions or official activities of organized or tutored state by the Spanish Sports Federations, in the same sport mode.

5. The Sports Promotion Authorities may be recognized as public utility by the Council of Ministers, on a proposal from the Ministry of Education and Science, with the processing and requirements established for other sports entities.

CHAPTER VI

Common Provisions

Article 43

In order to ensure the effective performance of the functions entrusted to the Spanish sports federations and the professional leagues, the Superior Council of Sports will be able to carry out the following performances, which, in no case shall they be of a sanction.

a) Inspect official and regulatory books and documents.

(b) To convene the collegiate governing and control bodies, for the debate and resolution, if appropriate, of certain matters or questions, where those have not been called by whom the statutory or statutory obligation of to do so in regulatory time.

c) to suspend, in a precautionary and provisional manner, the President or other members of the management bodies, when the disciplinary file is opened against the same disciplinary file, as a result of alleged infringements or very serious and punishable irregularities, which are classified as such in Article 76 of this Law.

Article 44

1. The Spanish sports federations and the regional territorial territories integrated in those are Public Utility Entities.

2. Sports clubs participating in official state-wide competitions may be recognized as public utility by agreement of the Council of Ministers, following a report of the Autonomous Community, under the conditions that rules are determined.

Article 45

1. The declaration or recognition of public utility, in addition to the benefits that the general legal order grants, entails:

a) The use of the "public utility" rating following the name of the respective Entity.

b) The priority in obtaining resources in the plans and programs of sports promotion of the State Administration and Local Administrations, as well as of the Entes or public institutions that are dependent on them.

c) Preferential access to official state credit.

2. In the Corporate Tax, the amounts donated by the legal persons to the qualified sports associations of public utility, in the terms, limits and conditions established, will be considered tax deductible. in point (m) of Article 13 of Law 61/1978 of 27 December 1978 on Corporate Tax.

TITLE IV

From competitions

Article 46

1. For the purposes of this Law, sporting competitions are classified as follows:

(a) By their nature, in official or unofficial competitions, of a professional or non-professional nature.

b) By its scope, in international, state and lower territorial competitions.

2. State-wide official competitions are those that are qualified by the corresponding Spanish sports federation, except those of a professional nature, whose qualification will be assigned to the Superior Council of Sports.

The criteria for the qualification of official state-wide competitions may be established in the provisions of the development of this Law or, according to them, in the Federative Statutes corresponding.

It will be criteria for the qualification of professional competitions, among others, the existence of work links between Clubs and sportsmen and the importance and economic dimension of the competition.

The official state-wide designation of competition is reserved for all purposes for the purposes of this Title.

3. Official state-wide competitions may be organized by natural or legal persons, private or public, sports clubs, professional leagues and sports federations.

4. The amendments proposed by the Spanish Federation concerning official professional competitions will require the prior and favourable report of the relevant Professional League.

Article 47

1. It is the obligation of the national sportspersons to attend the calls for national sports teams for participation in competitions of an international character, or for the preparation of such competitions.

2. Where the sportspersons referred to in the preceding paragraph are the subject of a working relationship, common or special, their employer shall retain such a character for the time required for participation in international competitions or (a) the preparation of the same, while the exercise of the powers of management and control of the work activity and the obligations or responsibilities relating to that power shall be suspended, in the terms which it regulates set.

TITLE V

The Spanish Olympic Committee

Article 48

1. The Spanish Olympic Committee is a non-profit association, endowed with legal personality, whose object consists in the development of the Olympic movement and the diffusion of the Olympic ideals. For this purpose, the Spanish Olympic Committee is declared of public utility.

2. The Spanish Olympic Committee is governed by its own Statutes and Regulations, in the framework of this Law and the Spanish legal system, and in accordance with the principles and norms of the International Olympic Committee.

3. The Spanish Olympic Committee organizes the registration and participation of the Spanish athletes in the Olympic Games, collaborates in their preparation and encourages the practice of the activities represented in the Olympic Games.

4. The Spanish sports federations of Olympic modalities must be part of the Spanish Olympic Committee.

5. For the exercise of its functions it is the Spanish Olympic Committee's exclusive representation of Spain to the International Olympic Committee.

6. Keep the Register of the Spanish Olympians.

Article 49

1. The exploitation or use, commercial or non-commercial, of the emblem of the five interlaced rings, the names "Olympic Games", "Olympics" and "Olympic Committee", and any other sign or identification which is similar to that confusion with the same, is reserved exclusively for the Spanish Olympic Committee.

2. No legal person, public or private, may use such emblems and denominations without express permission from the Spanish Olympic Committee.

TITLE VI

High-Level Sport

Article 50

For the purposes of this Law, it is considered a high level sport the sports practice in which the characteristics mentioned in article 6.1 of this Law are fulfilled and that allows a sports confrontation with the guarantee of a maximum performance and competitiveness at international level.

Article 51

The Superior Council of Sports exercises the protection and control of the sport of high level, agreeing with the Spanish sports Federations and, where appropriate, with the Autonomous Communities, the programs and plans of preparation that will be executed by those.

Article 52

It is considered high level athletes who appear in the relations elaborated annually by the Superior Council of Sports, in collaboration with the Spanish Sports Federations and, where appropriate, with the Communities Autonomous, and in accordance with the selective objective criteria to be determined, taking into account, inter alia, the following circumstances:

a) Classifications obtained in competitions or international sports events.

b) The status of the athlete on official sports classification lists, approved by the relevant international Federations.

c) Special conditions of a technical-sport nature, verified by sports bodies.

Article 53

1. The State Administration shall, in coordination with the Autonomous Communities, take the necessary measures to facilitate technical preparation, incorporation into the education system, and the full social and professional integration of the High-level athletes, during their sports career and at the end of it.

2. For the purposes set out in the previous paragraph, and depending on the personal and technical-sports circumstances of the athlete, the following measures may be taken:

a) Reserve an additional quota of places in the National Institutes of Physical Education and, where appropriate, in the University Centers, for those who meet the necessary academic requirements.

(b) Exemption from general or specific academic requirements, required for access to the qualifications referred to in Article 55 of this Law, under the conditions laid down by the Government.

c) Impacting the conclusion of agreements with public and private companies for the professional exercise of the athlete.

d) Articulation of formulas to reconcile the studies or the work activity of the athlete with their preparation or sports activity.

e) Inclusion in Social Security.

3. In order to comply with the Military Service, the high level sportsman shall enjoy the following benefits under conditions to be determined in a regulated manner:

a) Extension of onboarding to service in rows.

b) Choice of the place of fulfillment of such service, if there is a garrison of one of the Armies to facilitate their preparation according to the sports specialty.

c) The option of the join-to-rows appeal.

d) The high level athlete will be provided with the preparation and training necessary for the maintenance of his physical and technical form, and will be allowed to participate in how many official competitions this call to concurring.

4. The provisions of the preceding paragraph shall also apply to those who have to comply with the social security provision of the Military Service.

5. All Public Administrations will consider the qualification of "high level sportsperson" as an evaluable merit, both in the selection tests for places related to the corresponding sports activity, and in the competitions for the provision of jobs related to that activity, provided that in both cases the assessment of specific merits is envisaged.

TITLE VII

Sports research and teaching

Article 54

The State Administration, through the Inter-Ministerial Committee on Science and Technology, and the Superior Council of Sports, and in collaboration with the Autonomous Communities, will promote, promote and coordinate the research and technological development in sport, in its various applications.

Article 55

1. The Government, on a proposal from the Minister for Education and Science, will regulate the teaching of sports technicians, in accordance with the requirements of the different educational levels, as well as the conditions of access, programmes, guidelines and plans of study to be established.

2. The training of Sports Technicians may be carried out in centres recognised by the State or, where appropriate, by the Autonomous Communities with competence in the field of education, as well as by the educational institutions of the military education system. under the conventions established between the Ministries of Education and Science and of Defence.

3. The conditions for the issue of titles of sports technicians shall be established by the Ministry of Education and Science.

4. The teachings referred to in this Article shall be of value and effectiveness throughout the national territory.

Spanish Sports Federations which impose conditions of qualification for the development of technical activities, in Clubs participating in official competitions, must accept the qualifications issued by the legally recognised centres.

TITLE VIII

Control of prohibited substances and methods in sport and safety in sports practice

Article 56

1. The Superior Council of Sports, in accordance with the provisions of the international conventions signed by Spain, and taking into account other instruments of this same area, shall, for the purposes of this Law, draw up lists of substances and groups prohibited pharmacologicals, and shall determine non-regulatory methods, intended to artificially increase the physical abilities of sportspersons or to modify the results of competitions.

2. The Superior Council of Sports, in collaboration with the Autonomous Communities, Spanish Sports Federations and Professional Leagues, will promote and promote the measures of prevention, control and repression of the prohibited practices and methods refers to the previous section.

Article 57

1. Under the dependency of the Superior Council of Sports, the National Commission "Anti-Dopaje" is created, made up of representatives of the State Administration, the Autonomous Communities, the Spanish Sports Federations or the Professional Leagues. by persons of recognised standing in the technical, sporting and legal fields, in terms of their regulations.

2. These are the tasks of the Commission, inter alia:

a) Discharge information regarding the use of prohibited substances and pharmacological groups, non-regulatory methods and their control modalities, conduct reports and studies on their causes and effects and promote and promote actions prevention.

b) Determine the list of official state-wide sports competitions in which control will be mandatory.

c) Develop protocols and rules for the realization of such controls, in competition or outside of it.

d) To participate in the elaboration of the sanctioning regulation, to urge the sports federations to open the disciplinary cases and, if necessary, to resort to the Spanish Committee of Sports Discipline those.

Article 58

1. All sportspersons licensed to participate in official state-wide competitions shall be required to undergo the checks provided for in the previous Article, during or outside the competitions, at the request of the Council. Superior Sports, Spanish Sports Federations, Professional Leagues or the National Commission "Anti-Deopaje".

2. The Spanish sports federations shall endeavour to ensure that such checks are carried out.

3. In state-wide competitions, analyses for the detection or testing of prohibited practices shall be carried out in state laboratories or approved by the State.

Article 59

1. Health care resulting from the general sports practice of the citizen constitutes an ordinary provision of the public health insurance scheme for the public sector, and also of general health insurance insurance provided by Private Entities.

2. Irrespective of any other special insurance which may be established, all the national sportspersons participating in official state-wide competitions must be in possession of compulsory insurance covering the risks to the public. health related to the practice of the sports modality concerned.

In the event that healthcare is provided by an Entity other than the insurer, the insurer shall be obliged to repay the expenses incurred for such assistance, in accordance with Article 83 of the General Health Law.

3. Depending on the technical conditions, and in certain sports modalities, the Superior Council of Sports may require the Spanish Sports Federations to, for the issue of licenses or participation in official competitions of State-wide coverage is a requirement that the athlete has undergone an aptitude medical examination.

4. The conditions for the conduct of the medical examinations of fitness, as well as the sports and competitions in which they are necessary, shall be established in the provisions of the development of this Law.

TITLE IX

Prevention of violence at sporting events

Article 60

1. The National Commission against Violence in sports shows, made up of representatives of the State Administration, the Autonomous Communities and Local Corporations, of the Spanish Sports Federations or Leagues The most affected professionals, associations of athletes and people of recognized prestige in the field of sport and safety. The composition and functioning of the Commission shall be established in a regulatory manner.

2. They are functions of the Commission, among others that may be assigned:

a) Collect and publish annually the data on violence in sports shows, as well as conduct surveys on this subject.

b) Conduct reports and studies on the causes and effects of violence in sport.

c) Promote and drive prevention actions.

d) Develop guidelines and recommendations to the Spanish Federations, Sports Clubs and the Professional Leagues for the organization of those shows in which the possibility of acts is reasonably foreseen violent.

e) Inform those draft provisions that are requested by the competent public authorities in matters of sporting events, especially those concerning police of sports spectacles, discipline sports and technical regulations on facilities.

f) To urge the Spanish Federations and Professional Leagues to amend their Statutes to collect in disciplinary regimes the rules regarding violence in sport.

g) Promote measures for the conduct of alcohol controls at high-risk sports events, and for the prohibition of the introduction of dangerous or susceptible objects into the same objects as weapons.

h) Promote campaigns to disseminate the preventive rules of this type of violence.

i) Foster and coordinate citizen collaboration campaigns.

j) Propose the framework for the performance of the Volunteer Pools.

Article 61

The Government will draw up the necessary regulatory provisions to adapt the General Police Regulation on Public Shows to the measures provided for in this Law, as regards the necessary security conditions in the sports shows.

Article 62

1. The Professional Leagues shall encourage the participation of the Clubs in their own competitions as a group of volunteers, in order to provide information to the spectators, to contribute to the prevention of risks and to facilitate the proper development of the show.

2. The National Commission against Violence in sporting events shall propose the framework for action by those groups, the tasks which may be entrusted to them, the systems of identification to the other spectators, their rights and obligations, training and further training, recruitment mechanisms.

Article 63

The natural or legal persons who organise any test, competition or sporting spectacle, as well as the Clubs participating in them, are subject to the sports discipline and shall be responsible, where appropriate, for the damage or disorders that may occur in the places of development of the competition, under the conditions and with the scope indicated by the international conventions on violence in sport subscribed by Spain, irrespective of the other responsibilities of any kind that they may incur.

Article 64

The Spanish Sports Federations and Professional Leagues must communicate to the governmental authority, competent by reason of the matter referred to in this Title, in sufficient time, the identification of the meetings In accordance with the scales established by the Ministry of the Interior, the National Commission against Violence in sports shows, as well as urging the Clubs to strengthen security measures in the country, is considered a high risk. these cases and which comprise at least:

Ticket sales system.

Separation of rival hobbies in areas other than the enclosure.

Access control for strict compliance with existing bans.

Article 65

1. The figure of the Security Coordinator shall be regulated in sports events. This figure, framed within the police organisation, will assume tasks of management, coordination and organisation of security services on the occasion of sporting events.

2. In the sports competitions proposed by the National Commission against Violence in sports shows, the organizers will appoint their own security officer, who, in the exercise of their duties during the development of the sports event, shall, where appropriate, comply with the instructions of the Security Coordinator.

3. The Security Coordinator shall exercise coordination of post or organizational control unit, the installation of which shall be compulsory in all sports facilities of the maximum professional football and basketball competition category, and in those others where the National Commission recommends it.

Article 66

1. The introduction and display of banners, symbols, emblems or legends involving incitement to violence shall be prohibited. The organizers of the shows are forced to withdraw immediately.

2. The introduction of all types of weapons and instruments which can be used as weapons to prevent the entry of all persons attempting to introduce such weapons and instruments shall be prohibited. objects or other analogues.

Article 67

1. The introduction and sale of all types of alcoholic beverages shall be prohibited at the premises where sport competitions are held.

2. The packaging of drinks which are to be expunged or introduced at the premises where sporting events take place must meet the conditions of rigidity and capacity which the National Commission may regulate against the Violence.

3. Persons who introduce or sell in sports venues any kind of beverage without respecting the limitations set forth in the preceding paragraphs shall be sanctioned by the governmental authority.

4. The introduction of flares or fireworks on installations where sporting events take place is prohibited, preventing entry to all persons attempting to introduce such objects.

5. The organisers of sporting events in which situations as defined in the preceding paragraphs may occur may also be punished if they have failed to comply with the prevention and control measures.

Article 68

1. All sports venues in which professional competitions are held in football and basketball modalities must include a computerised system for the control and management of ticket sales, as well as access to the premises. The relevant Professional Leagues shall establish in their Statutes and Regulations the closure of sporting venues as a penalty for non-compliance with this obligation.

2. The entry tickets, whose material characteristics and conditions of dispatch will be established in regulation, shall be heard by the National Commission against Violence. In the case of the introduction of alcoholic beverages, weapons, objects likely to be used as such, flares or the like, and that persons intending to enter are under the same conditions, they will be treated as such. effects of alcoholic, narcotic, psychotropic, stimulant or substance analogous.

3. The reasons for the prohibition of access to sports venues shall be incorporated into the provisions of the Professional Clubs and Leagues and shall also be made visible in the box offices and in the places of access to such premises. enclosures.

4. The time limits for the application of the measure referred to in paragraph 1 of this Article shall be laid down, the obligation of which may be extended to other sports.

Article 69

1. The organizers and owners of the facilities must ensure the necessary safety measures in the sports venues, in accordance with the legal and regulations established to the effect.

2. Failure to comply with the requirements and requirements in this area shall lead to the requirement of responsibility and, where appropriate, to the adoption of the appropriate disciplinary measures.

3. In view of their impact on public order and security, the administrative offences, which are regulated in the following paragraphs, are classified as very serious, serious and minor.

A) These are very serious violations:

(a) Failure to comply with the rules governing the conduct of sporting events, which would impede their normal development and cause significant harm to participants or to the public.

(b) The repeated disobedience of the orders or provisions of the governmental authorities concerning the conditions for the conclusion of such spectacles on matters affecting their normal and proper development.

c) The alteration, without complying with the relevant procedures, of the sports venue.

d) Failure to comply with security measures that pose a serious risk to sports venues.

e) The lack of foresight or negligence in the correction of defects or anomalies detected that pose a serious danger to the safety of sports venues.

f) Violent participation in altercations, fights or public disorders in sports venues or in their vicinity that cause damage or serious risks to people or property.

g) The infringement of the prohibitions referred to in Articles 66 and 67.1 of this Law.

B) These are serious violations:

(a) The conduct described above in point (A), (a), (c), (e) and (f), where the circumstances of injury, risk or danger to the intended extent do not exist.

(b) Disobedience of the orders or provisions of the governmental authorities concerning the conditions of the holding of such spectacles on matters affecting their normal and proper development.

(c) Non-compliance in the sporting grounds of control measures on access, permanence and eviction, sale of beverages and the introduction and removal of prohibited objects.

(d) The infringement of the prohibitions referred to in Article 67 (3) and (4) of this Law.

C) They are minor violations:

All actions or omissions that are not classified as serious or very serious violations in this title and which are contrary to the rules and regulations applicable to sporting events.

4. The penalties for the commission of the offences referred to above shall be as follows:

A) Imposition of the following economic sanctions:

From 10,000 pesetas to 100,000 pesetas in case of minor infractions.

From 100,001 pesetas to 5,000,000 pesetas in case of serious infractions.

From 5,000,001 pesetas to 100,000,000 pesetas in case of very serious infractions.

B) In addition to the above economic sanctions, the following may be agreed:

Disabling to organize sports shows up to a maximum of two years.

The temporary closure of the sports venue for up to two years.

5. In addition to the penalties provided for in the preceding paragraph, the following may also be imposed in the light of the circumstances of the event, and in particular its severity or social impact:

(a) In the cases referred to in paragraphs 3.A), (f) and (g), the expulsion or prohibition of access to the sports venue as a precautionary measure or, where appropriate, the prohibition of access to any sporting grounds for a period of three months and five years.

(b) In the cases referred to in paragraphs 3.B), (a) and (d), the expulsion or prohibition of access to the sports venue as a precautionary measure or, where appropriate, the prohibition of access to any sporting grounds for a period of not more than three years months, except in the case of the sellers referred to in Article 67.3, where it may be up to the age of five years.

6. The perpetrators of the infringements referred to in this Article shall be responsible for their authors and those who cooperate with them as accomplices or concealers. In these last two cases the corresponding economic sanctions will be reduced by 15 and 25 per 100, respectively.

7. 1. The sanctioning authority provided for in this article shall be exercised by the competent governmental authority, and may obtain prior reports from the sports authorities and the National Commission against Violence.

2. When the sanctioning jurisdiction corresponds to the General Administration of the State, the imposition of sanctions shall be carried out by:

A) The Civil Governor, up to 5,000,000 pesetas.

B) The Secretary of State for Security, up to 15,000,000 pesetas.

C) The Minister of the Interior, up to 30,000,000 pesetas.

D) The Council of Ministers, up to 100,000,000 pesetas.

The jurisdiction to impose temporary disablement penalties to organise sporting events and for the temporary closure of sports venues shall be the responsibility of the Civil Governor, if the period of suspension is equal to or less than one year, and the Minister of the Interior, if he exceeds that period.

8. The rules contained in the current Public Show Police Regulation, as regards the circumstances of infringements, causes of extinction, limitation, and the rules contained in this Title, shall apply, where appropriate, and as otherwise provided for in this Title. enforcement, as well as those relating to the sanctioning procedure contained in the current Administrative Procedure Act.

9. The amount of the fines provided for in this Title may be updated by the Government on a proposal from the Minister of the Interior, taking into account the variation of the official consumer price index.

TITLE X

Sports installations

Item 70

1. The planning and construction of public sports facilities financed by State Administration funds must be carried out in such a way as to promote their multi-purpose sport, taking into account the different Sports modalities, maximum hourly availability and the different levels of practice of citizens.

These facilities must be made available to the community for public use.

2. The sports facilities referred to in the previous paragraph must be accessible, without barriers or obstacles which make it impossible for the free movement of persons with disabilities or of advanced age. In addition, the indoor spaces of the sports venues must be equipped with the necessary facilities for their normal use by these persons, provided that the nature of the sports to which they are intended allows enclosures.

3. Any sporting installation must comply with the EEC rules on the use and advertising of alcohol and tobacco.

Article 71

1. Installations intended for sporting events, where competitions are held at the state and international level, and in particular those which can accommodate an important number of spectators, must be designed and constructed within the framework of the rules applicable, in such a way as to prevent or limit to the maximum possible actions of violence in accordance with the recommendations of the International Conventions on Violence in Sport subscribed by Spain.

2. For the purposes of the above paragraph, within the time limit laid down, the localities must be numbered with seats for all spectators, in all the facilities where professional competitions are held State level. In these facilities, there will be a post or central organizational control unit, located in a strategic area and equipped with the necessary technical means.

3. In the fitting of installations for safety purposes, the following aspects shall be taken into account in particular:

a) Distance and separation elements between the pitch and the first line of spectators.

b) Access to locker rooms.

c) Radio connection and exterior public address systems.

4. For the same purposes, the following aspects shall be taken into account:

a) In the execution of works in existing installations:

The restriction of the building, for sporting purposes or any other use, both in volume and in occupation of soil.

The prohibition or limitation of the increase in the number of spectators.

b) In building new installations:

The unreleased surface on the plot to be used and attached to it.

The minimum distances from the installation to the plot lines.

The strip of fully free land, including car parks, around the facility.

Article 72

Any installation or establishment of public use in which services of a sporting nature are provided, whatever the titular Entity, shall provide an information, in a perfectly visible and accessible place, of the data (a) technical installation or establishment, as well as its equipment and the name and title of persons providing professional services at the levels of technical direction, education or animation.

TITLE XI

Sports discipline

Article 73

1. The field of sports discipline, for the purposes of this Law, and in the case of activities or competitions at the state level and, where appropriate, international, or affecting persons participating in them, extends to the infringement of rules of the game or competition and general sports rules typified in this Law, in its provisions of development and in the statutory or regulatory of sports clubs, professional leagues and Spanish sports federations.

2. Violations of the rules of the game or contest the actions or omissions that, during the course of the game or competition, violate, prevent or disturb their normal development.

Other actions or omissions that are contrary to the provisions of these rules are violations of the general sporting rules.

Article 74

1. The disciplinary authority attributes to its legitimate owners the ability to investigate and, where appropriate, sanction or correct the persons or entities subject to the sports discipline, according to their respective competences.

2. The exercise of sports disciplinary authority shall be:

(a) To judges or arbitrators, during the development of meetings or tests, subject to the rules laid down in the provisions of each sporting modality.

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

c) To the Spanish sports federations, about: All the people who are part of their own organic structure; the sports clubs and their athletes, technicians and managers; the judges and referees, and, in general, all those persons and entities that, being federated, develop the corresponding sports activity at the state level.

d) To professional leagues, on sports clubs participating in official professional competitions and on their managers or administrators.

e) To the Spanish Committee for Sports Discipline, on the same persons and entities as the Spanish sports federations, on these themselves and their directors, and on the professional leagues.

Article 75

The statutory or regulatory provisions of sports clubs participating in competitions at the state level, professional leagues and Spanish sports federations, given in the framework of this Law, will have to provide, inexcusably and in relation to sports discipline, the following extremes:

a) A standardized system of violations, in accordance with the rules of the corresponding sports mode, graduating them according to their severity.

(b) The principles and criteria which ensure the differentiation between the minor, serious and very serious nature of the infringements, the proportionality of the penalties applicable to them, the non-existence of double penalties for the same facts, the application of the favourable retroactive effect and the prohibition of penalties for non-classified offences prior to the time of their commission.

(c) A system of penalties corresponding to each of the infringements, as well as the causes or circumstances that exempt, attenuate or aggravate the liability of the offender and the extinction requirements of the offender.

(d) The various disciplinary procedures for the processing and imposition of sanctions, where appropriate.

e) The system of remedies against imposed sanctions.

Article 76

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

a) Abuse of authority.

b) The violation of sanctions imposed.

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

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

e) Aggressive and anti-sports behaviour, attitudes and gestures of players, when addressed to the arbitrator, other players or the public, as well as the public statements of directors, fact or law administrators Sports Clubs and Sports Anonymous Societies, technicians, referees and athletes who incite their teams or spectators to violence.

f) The lack of non-justified attendance at the national sports teams ' calls.

g) Participation in competitions organized by countries that promote racial discrimination or with athletes representing them.

2. Very serious infringements of the presidents and other members of the governing bodies of the Spanish sports federations and professional leagues shall also be considered specifically:

(a) Non-compliance with general assembly agreements, as well as electoral regulations and other statutory or regulatory provisions.

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

c) The inexecution of the resolutions of the Spanish Sports Discipline Committee.

d) 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.

e) The commitment of multi-annual expenditure of the budget of the Sports Federations, without the regulatory authorization.

(f) The organisation of official sports activities or competitions of an international nature, without authorisation.

3. In addition to those set out in the preceding paragraphs and those set out by the respective Professional Leagues, they are very serious specific infringements of professional sports clubs and, where appropriate, of their administrators or managers:

(a) Non-compliance with the economic type agreements of the relevant Professional League.

(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.

4. In any case, serious infringements shall be:

(a) Repeated non-compliance with orders and instructions emanating from the competent sports bodies.

(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 sporting function performed.

5. 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.

Article 77

1. The recidivism will be considered, in any case, as an aggravating circumstance of the responsibility in the sports discipline.

2. They are, in any case, extenuating circumstances for the violations of the rules of the game or competition, the one of spontaneous repentance and that of having preceded, immediately to the infraction, a sufficient provocation.

Article 78

They will be considered, in any case, as causes of extinction of the sports disciplinary responsibility, the death of the accused, the dissolution of the Club or sports federation sanctioned, the fulfillment of the sanction, the limitation of the infringements and the penalties imposed.

Article 79

1. The penalties applicable to the application of the relevant sporting offences shall be as follows:

a) Disabling, suspension or deprivation of a federal license, on a temporary or permanent basis, in adequate proportion to the violations committed.

(b) The power, for the appropriate disciplinary bodies, to alter the outcome of meetings, trials or competitions due to pre-determination by price, intimidation or simple agreements, of the result of the test or contest.

c) Economic in cases where the athletes, technicians, judges or arbitrators receive remuneration for their work, and must be quantified in the disciplinary rules of each Federation, professional league or club sports.

(d) The closing of the sports grounds, in this case, at the request of a party, the provisional suspension of the execution of the sanction until the final resolution of the disciplinary case is produced.

e) The prohibition of access to the stadium, loss of the status of partner and celebration of the sports competition behind closed doors.

2. The following penalties may be imposed by the commission of the offences listed in Article 76.2:

a) Public assembly.

b) Temporary disablement from two months to one year.

c) Removal from office.

3. The following penalties may be imposed for the commission of infringements listed in Article 76.4:

a) Aperception.

b) Sanctions of an economic nature.

c) Category Descent.

d) Expulsion, temporary or definitive, of professional competition.

Article 80

1. Infringements shall be prescribed at three years, at the year or in the month, in the case of very serious, serious or minor offences, and the limitation period shall be counted on the day following the commission of the offence.

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 time limit.

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 resolution imposing the sanction, or since its compliance was broken if it had begun.

Article 81

The sanctions imposed through the relevant disciplinary record shall be immediately enforceable, without the claims and remedies against them, for the purposes of paralysing or suspending their execution. The provisions of Article 79 (1) (d) and the penalties to be adopted in accordance with the procedure laid down in Article 82 (1) (d) shall be exempt from this provision.

Article 82

1. The following are general and minimum conditions for disciplinary procedures:

(a) Judges or arbitrators exercise disciplinary authority during the conduct of meetings or tests, immediately, and in this case an appropriate system of subsequent complaints should be provided.

(b) In sports tests or competitions, the nature of which requires the immediate intervention of the disciplinary bodies to ensure the normal development of the disciplinary bodies, the procedural systems should be provided for. allow to combine the performance of those bodies with the process of hearing and the right to complain of the interested parties.

c) The ordinary procedure applicable for the imposition of penalties for infringement of the rules of the game or the competition must ensure the normal development of the competition, as well as guarantee the procedure of hearing of the stakeholders and the right to appeal.

(d) The extraordinary procedure, which will be dealt with for the penalties for the remainder of the infringements, will be in accordance with the principles and rules of the general legislation, in accordance with the regulation on the development of the This law will all the necessary ends.

2. The minutes signed by the judges or arbitrators of the meeting, test or competition shall constitute necessary documentary means, in the whole of the proof of the violations of the rules and sports rules.

3. In those specific sports which may be required, provision may be made for the statements of the arbitrator or judge to be presumed, except for manifest material error, in the assessment of the offences relating to sports discipline.

Article 83

1. The competent sports disciplinary bodies shall, on their own initiative or at the request of the instructor of the file, communicate to the Prosecutor's Office those offences which may be a criminal offence or a criminal offence.

2. In this case, the sports disciplinary bodies shall agree to suspend the procedure, in accordance with the circumstances, until the corresponding judicial decision is taken.

3. In the event that the suspension of the procedure is agreed, precautionary measures may be taken by means of providence notified to all interested parties.

Article 84

1. The Spanish Committee for Sports Discipline is the state organ, organically attached to the Superior Council of Sports, which, acting independently of this, ultimately decides, in administrative way, the disciplinary questions sports of their competence.

You may also, in general, process and resolve disciplinary cases at the request of the High Council of Sport, and of its Board of Directors, in the specific cases referred to in Article 76.

2. The procedure for the processing and resolution of disciplinary proceedings before the Spanish Committee for Sports Discipline will be substantially adjusted as provided for in the Law of Administrative Procedure, except for the consequences arising from the violation of the rules of play or competition, which will be governed by the specific rules of sport.

3. The members of the Committee shall be appointed by the Board of Directors of the High Council of Sport.

4. In the event that the members of the Committee are in an act of irregular action, in serious infringements of sporting legislation, or in any of the causes which prevent the exercise of public functions, they may be suspended or, in their case, terminated, in accordance with the provisions of the general legislation.

5. The resolutions of the Spanish Sports Discipline Committee exhaust the administrative route and will, if necessary, be implemented through the corresponding Sports Federation, which will be responsible for its strict and effective compliance.

Article 85

The provisions for the development of this Law will concretize the principles and criteria referred to in the previous articles and, in particular, the composition and functioning of the Spanish Sports Discipline Committee, as well as the division of powers between sports disciplinary bodies.

TITLE XII

General Assembly of Sport

Article 86

1. It is the General Assembly of Sport, with the main objective of advising the president of the Superior Council of Sports in the sports matters entrusted to him.

2. The Assembly presided over by the President of the Superior Council of Sports will be composed of representatives of the State Administration, Autonomous Communities, Local Entities, Spanish Sports Federations, Professional Leagues, as well. as well as other sports institutions and entities, and persons with special qualifications.

3. Its composition, operation and session shall be determined by regulatory means.

4. The Assembly shall meet at least once a year.

TITLE XIII

Extra-judicial reconciliation in sport

Item 87

The litigious issues of a legal nature, raised or which may be considered among the athletes, technicians, judges or referees, sports clubs, associates, Spanish sports federations, professional leagues and other interested parties may be resolved by the application of specific formulas for conciliation or arbitration, in terms and under the conditions of the State's legislation on the matter.

Article 88

1. The formulas referred to in the preceding article shall be intended to resolve any dispute or dispute arising between the parties concerned, on the occasion of the application of sports rules not expressly included in this Law and in its direct development provisions.

2. For this purpose, the statutory rules of sports clubs, Spanish sports federations and professional leagues may provide for a system of conciliation or arbitration, in which at least the following rules shall be included:

a) Method to manifest the unambiguously willingness of the stakeholders to submit to such a system.

b) Materies, causes and requirements for the application of the formulas for conciliation or arbitration.

(c) Bodies or persons in charge of resolving or deciding the issues referred to in this Article.

d) System of recusal of those who perform the functions of conciliation or arbitration, as well as of opposition to such formulas.

e) Procedure through which these functions will be developed, respecting, in any case, the constitutional principles and, in particular, those of contradiction, equality and hearing of the parties.

f) Methods of execution of decisions or resolutions derived from conciliatory or arbitrary functions.

3. The resolutions adopted in these proceedings shall have the effects provided for in the Arbitration Act.

ADDITIONAL PROVISIONS

First.

The provisions of this Law will be of general application throughout the national territory; the provisions of Articles 14; 15.1, 2, and 3; 16; 17; 18 and 72 will be effective as long as there is no specific regulation of the Autonomous Communities. with competence in the field of sport promotion.

Second.

Basic standards are declared under the provisions of Article 149.1 of the Constitution as follows:

(a) Article 3.1, 2 and 3, under Rule 30a.

b) Article 53.5, as provided for in Rule 18a.

Third.

As set out in Articles 28 and 45.2 of this Law, as well as in its Additional Disposition sixth, the financial autonomy of the Historical Territories of the Basque Country and Navarre shall be understood.

Fourth.

1. The provisions of Title IX are given for the purposes of Article 149.1.29 of the Constitution.

2. The provisions of Article 71.3 and 71.4 shall be of general application in the absence of specific regulation by the competent Autonomous Communities.

Fifth.

Sports associations incorporated or registered in sports registers in accordance with the corresponding autonomous legislation, shall be recognized as sports clubs, for the purposes of the provisions of Article 15.4 of the Law, provided that in its Statutes they provide for the constitution, adjusted to democratic principles, of governing bodies and representation and a regime of responsibility of the managers and partners. In the case of public or private entities that carry out sports activities of an ancillary nature in relation to their main object, they shall incorporate a differentiated budget.

Sixth.

Law 30/1985 of 2 August of the Value Added Tax will be amended as follows:

1. Article 8 (1), point (13), paragraph 13, shall be as follows:

" 13. Services provided by Public Law Entities, Sports Federations or Private Sports Entities or establishments of a social character to those who practice sport or physical education, whatever the person or entity to whose the provision is made as long as such services are directly related to such practices and the quotas of those services do not exceed the amounts shown below:

Entry or admission fees: 200,000 pesetas.

Periodic quotas: 3,000 pesetas per month. These amounts may be modified in the General Budget Law of the State of each year. "

2. Article 8, number 2, last paragraph, shall be worded as follows:

"The provisions of the preceding paragraph shall not apply in the case of the services provided for in paragraph 1, paragraphs 8. and 13. of this Article."

3. Article 28, number 1, paragraph 8. º is

.

Seventh.

The Clubs which, at the entry into force of this Law, participate in official competitions of a professional character in the sports modality of the football, and that in the audits carried out by order of the Football League Professional, since the 1985-1986 season they have obtained in all of them a net worth of positive character, they will be able to maintain their current legal structure, except the contrary agreement of their Assemblies, with the following particularities:

1. The annual budget shall be adopted by the Assembly. The draft budget shall be submitted to the Assembly accompanied by a report to be issued by the Professional League within the time limit to be determined.

Clubs with several professional or non-professional sports sections will form a separate budget for each section, which will be part of the overall budget of the Club. The budgets of each professional sports section will be accompanied by a report to be issued by the relevant Professional League.

2. Clubs with several sports, professional or non-professional sections shall keep separate and separate accounts for each of them.

3. The Professional League, the Superior Council of Sports and, where appropriate, the Autonomous Community concerned may determine the Clubs to be subject to a supplementary audit carried out by auditors appointed by the aforementioned Entities.

4. The members of the Boards of Directors of these Clubs will respond jointly to the negative economic results generated during the period of their management. Such results will be adjusted taking into account the audits ' caveats. The economic year shall begin on 1 July of each year and end on 30 June. Before starting each exercise, the Board of Directors must deposit, in favor of the Club and the Professional League, bank guarantee that guarantees its responsibility and that it reaches fifteen percent of the budget of expenditure.

The endorsement will be enforceable by the Professional League and payable annually throughout the period of its management. The liability action may be exercised:

By the Club, by agreement of its Assembly, obtained by simple majority of the assistants.

Subsidize, by partners representing five percent of the total number of them.

In any case, four months after the closure of the economic exercise by the corresponding Professional League and the Superior Council of Sports.

The conditions and assumptions in which the Boards of Directors, within the period of their mandates and whenever these are consecutive, will be determined, will be able to compensate the avales satisfied with the results. positive economic performance of previous or subsequent years or those in which losses were incurred.

The computation of the compensation referred to in this paragraph will be made from the beginning of the practice of the audits carried out under the control of the Professional League.

Eighth.

1. The same rules contained in the previous Disposition shall apply to the Clubs which, upon the entry into force of this Law, participate in official professional competitions in the form of basketball.

2. For the application of the preceding rules, the Clubs will have to carry out an audit, with the supervision of the Association of Basketball Clubs, referred to the four preceding seasons, and prove that they have obtained in all of them a balance Net worth of positive assets.

Ninth.

1. Those Clubs which, at the entry into force of this Law, have professional and non-professional sports sections, will be able to maintain their current legal structure for non-professional teams. In respect of professional teams, they must be assigned and contributed their human and material resources to a newly created Sports Anonymous Society for each of the professional teams.

Each of these sports clubs will not be able to hold more than ten percent of the shares of the Sports Anonymous Companies that are constituted in their bosom. The procedure will be regulated in order to allow the aforementioned Clubs to subscribe to these actions.

2. The creation of these Sports Anonymous Societies will be accommodated to the same rules as for the transformation of the Clubs into Sports Anonymous Societies are established in the First Transitional Disposal, extending equally to those, the Exemption from the Tax on Proprietary Transmissions and Documented Legal Acts contained in that Disposition.

10th.

The provisions for the development of this Law will establish the deadlines and requirements for the transformation of Sports Clubs of the Sports Clubs or for the creation of Sports Anonymous Societies for the management of a professional team referred to in the previous Disposition, which would have acquired the rights to be integrated into official professional and state-level competitions.

11th.

For the coverage of the financial obligations arising from the Sanitation Plan of the football clubs participating in professional competitions, the Superior Council of Sports will incorporate in their budgets a specific item corresponding to the participation of the football clubs in the full collection of the Sports Betting of the State, in terms of restructuring and sanitation or any other that could be established. This participation will be set by Royal Decree.

12th.

1. As a result of the organisation of professional competitions, professional leagues may establish an annual participation fee which will be required for all Clubs taking part in those competitions.

In any case, during the period of sanitation of professional football, the establishment of the fee for the Professional League will be mandatory.

2. The High Council of Sports and the Professional Football League will agree on the procedure and the criteria for applying the said quota.

13th.

1. In the framework of the Convention on the Sanitation of Professional Football, and in order to enable the transformation of the Clubs into Sports Anonymous Societies, or its creation as established by the Additional Provision Ninth of this Law, the Football League Professional will assume the payment of the following debts from which the football clubs who have signed the corresponding special agreements with the Professional League will be released:

(a) Tax debts with the State resulting from taxes or concepts of this nature accrued until 31 December 1989, self-contained or, where appropriate, settled by the tax administration before the entry into This Law shall apply. These tax debts shall include all the components provided for in Article 58 of the General Tax Act which they shall be incurred, as well as the costs which may have been incurred.

b) Other debts owed to the State and its Autonomous Bodies, Social Security and Mortgage Bank of Spain at 31 December 1989.

(c) The debts expressed in the preceding paragraphs are understood as referring to those of the Clubs which, in the 1989/1990 and 1990/91 seasons, participated or participated in official competitions of the First and Second Division A of football.

2. Similarly, and in order to meet the commitments made in the 1985 Sanitation Plan, the Professional Football League will assume the payment of public debts of the same type as those referred to in paragraph 1, referring to those other Clubs included in the said Plan and not referred to in point (c) of the previous paragraph, which were written prior to that Plan and which are pending payment at 31 December 1989.

3. All the acts and contracts necessary for the assumption of debts provided for in paragraph 1 shall be exempt from the Tax on Proprietary Transmissions and Legal Acts Documented.

Fourteenth.

The powers held by the Full Council of Sports, according to the legislation in force, as long as they are compatible with the provisions of this Law, and have not been assigned to any of the bodies to which This Law shall be carried out by the Board of Directors of the Higher Sports Council.

15th.

In order to regularise the economic situation of the professional football clubs, a Plan of Sanitation will be prepared by the Superior Council of Sports, which will include an agreement to subscribe between the said Body and the League. National of Professional Football. In addition, the above-mentioned Sanitation Plan will include the particular conventions that the affected Clubs will have to sign with the Professional League.

sixteenth.

All those reports which, pursuant to the provisions of this Law and its provisions for development are to be issued by different Entities, shall be deemed to be favourable if they have not been delivered within the prescribed time limits.

17th.

1. The Clubs of the Principality of Andorra affiliated to Spanish Federations participating in official competitions of Spain, as regards their constitution and operation, shall be governed by the own provisions in the matter of the Principality of Andorra, being excluded from the obligations determined by this Law.

2. The association and participation in the Spanish official competitions of the Clubs referred to in the previous paragraph will be established only by the affiliation of the same in the corresponding Spanish Federations.

TRANSIENT PROVISIONS

First.

1. Currently existing Clubs participating in official professional competitions will be transformed into a Sports Anonymous Company, for the purpose of this Law, once the process referred to in the following paragraphs is completed.

Sports clubs not covered by them that do not carry out the transformation or assignment of the professional team, within the prescribed time limits, will not be able to participate in official competitions of a character professional and state-level, being excluded from the Sanitation Plan.

2. The transformation of the current Sports Clubs, by effect of this Law, in Sports Anonymous Societies will accommodate the following rules:

(a) For the purpose of coordinating and supervising the process of transformation, a Joint Committee shall be set up comprising persons appointed by the High Council for Sport and the relevant professional league, whose composition be determined regulatively.

The favourable report of the Commission will be a prerequisite.

b) The Joint Commission, once constituted, may order the conduct of a patrimonial audit of the Clubs referred to in this Disposition.

(c) The Joint Commission shall, in accordance with the criteria laid down in the regulations, indicate the minimum capital of each Sports Company, after the analysis of the financial reports derived from the audits corresponding.

d) The Boards of Directors of each Club are authorized to adapt the current Statutes to the regime indicated in this Law for the Sports Anonymous Societies, or to constitute one of these Societies for the management of the appropriate professional equipment.

In these Statutes, no remuneration or benefits of any kind may be reserved.

e) If all shares are not subscribed, they must be offered again to the partners who have already subscribed in the first option, under the same conditions of equality. If, after this second option, shares remain unsubscribed, the Board of Directors shall decide on the form of subscription thereof.

In the event that the total subscription of at least the minimum capital is not followed within the prescribed time-limits, the Club may not participate in official professional and state-level competitions.

The Joint Committee shall dictate the rules necessary to meet the provisions of the preceding paragraph and shall ensure that they are appropriate to the same procedure.

f) For the granting of Public Scripture, the subscribers of the shares are represented, by the Ministry of Law, represented by the Board of Directors of the Club in question.

g) Clubs that are transformed, under the aforementioned, will maintain their current name to which the abbreviation "Sociedad Anonima Sports" (SAD) will be added.

h) Once the process of transformation of the corresponding Clubs in Sports Anonymous Societies has been completed, the Board of Directors will convene General Meeting of Shareholders for the election of the governing bodies and representation.

i) The time limits for the realization of all acts of transformation shall be determined by regulation.

3. The transformation of Clubs into Sports Anonymous Societies referred to in this provision will not mean changing the personality of those, which will be maintained under the new social form.

They will be exempt from the Tax on Heritage Transmissions and Documented Legal Acts, all the necessary acts for the transformation of the Clubs into Sports Anonymous Societies, or the constitution of one of these Companies for the management of the relevant professional equipment.

4. Public limited liability companies which cease their participation in official sports competitions of a professional nature and state, may maintain their legal structure, provided that they do not change their social object in order to participate in such competitions.

Second.

The Minister of Education and Science is hereby authorised to establish the criteria for the approval and validation of the current qualifications of sports technicians, in accordance with the provisions of this Law.

Third.

1. The measures to finance the reorganisation of professional football provided for in this Law from public funds and the other benefits granted by public entities dependent on the State for that purpose are conditional upon the signature of the The Sanitation Convention referred to in the Additional 15th of this Law.

2. During the period of validity of the agreement, and up to the total extinction of the debt, the Professional League will receive and manage the following economic rights:

(a) Those who, by all concepts, generate the television broadcasts of the competitions organized by the League itself, by itself or in collaboration with other associations of Clubs.

(b) Those corresponding to the generic sponsorship of such competitions.

c) One percent of the full collection of the Sports Betting of the State recognized by the legislation in force in favor of the Professional League.

3. The rights referred to in the previous paragraph as well as the annual quota provided for in the Additional Provision 16 and the payments which may be made from the budgetary envelope referred to in the Additional Provision shall be affected to the fulfilment of all the obligations referred to in the Additional Provision Thirteenth of this Law.

4. In the event of a total or partial non-payment of those obligations by the Professional League, the guarantees referred to in paragraph 3 of this Disposition shall be executed by the collection bodies of the Ministry of Economy and Finance, and of the Social Security and, where appropriate, according to the legally established procedures for the execution of the other obligations, the amount obtained in proportion to the unpaid debts being imputed.

5. In the framework of the Sanitation Convention, once assumed by the National League of Professional Football, the tax debts of the football clubs, as well as the debts that all the concepts have contracted with the Social Security, will be possible to agree to their payment for a maximum period of 12 years, subject to the provisions of Articles 52 et seq. of the General Rules of Collection, and Articles 39 et seq. of the General Rules for the Collection of Social Security System resources, respectively.

Payments shall be made by half-yearly redemptions, due to the deferred amounts for the corresponding late payment interest which shall be entered in the last period of each deferred debt.

Other debts to the State Administration and its Autonomous Bodies may also be subject to fractionation in their payment, within the time limits and conditions provided for in the preceding paragraphs.

Fourth.

1. The Government is authorized to adapt the teaching of Physical Education that is currently taught in the National Institutes of Physical Education, as established in Law 11/1983, of 25 August, of University Reform.

2. As a result of the adequacy referred to in the preceding paragraph, the Government may lay down the conditions for access and the conditions for obtaining, issuing and type-approval of the securities to which the studies currently being carried out are conducted. They are in those Institutes. The degree of licentiate shall be equivalent to all the effects of a university degree. The Universities shall, where appropriate, provide third-cycle studies related to physical education by means of conventions concluded for this purpose.

Fifth.

As long as the validity of the Plan of Sanitation of Professional Football is maintained, the action of responsibility referred to in Article 24.7 and the Additional Disposition Seventh, 4, may also be exercised by the Council Superior Sports.

FINAL PROVISIONS

First.

The Government is authorised to issue, on the proposal of the Minister of Education and Science, the necessary provisions for the development of this Law.

Second.

Law 13/1980, of 31 March, General of Physical Culture and Sport, is hereby repealed, as well as all the rules that are contrary to this Law.

Third.

As long as the general provisions referred to in the Final Disposition are not enacted, all regulatory provisions that are compatible with the provisions of this Law shall remain in force.

Fourth.

The adaptation of the statutory and regulatory provisions of the internal rules to be carried out by the Spanish sports clubs and sports federations will be carried out within the time limits specified in the implementing rules This Law.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this Law.

Madrid, 15 October 1990.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ