Advanced Search

Resolution Of June 5, 2015, Of The Presidency Of The Superior Council Of Sports, Which Publishes The Modification Of The Statutes Of The Royal Spanish Cycling Federation.

Original Language Title: Resolución de 5 de junio de 2015, de la Presidencia del Consejo Superior de Deportes, por la que se publica la modificación de los Estatutos de la Real Federación Española de Ciclismo.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

In exercise of the powers conferred by Article 10.2.b) of Law 10/1990, of 15 October, of the Sport, the Commission of the Council of the High Sports Council of 27 April 2015, has approved definitively the amendment of Articles 11, 15, 26, 27 and 34 of the Statutes of the Spanish Cycling Federation, authorizing their registration in the Register of Sports Associations.

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

Madrid, June 5, 2015. -President of the Superior Council of Sports, Miguel Cardenal Carro.

ANNEX

Statutes of the Royal Spanish Cycling Federation

Article 11. Economic obligations with respect to participation in official state-wide competitions.

11.1 The Federations integrated into the RFEC will have to satisfy the quotas that, if necessary, establish the same for the organization of competitions at the state level and, likewise, those that could correspond as compensation

(a) the economic activity of the

11.2 Without prejudice to the patrimonial independence and autonomy of economic management of the Federations, the RFEC shall control the grants received from or through it.

Article 15. Cyclists.

15.1 They are federated cyclists, natural persons who practice cycling in their various forms and have signed the corresponding federal license.

15.2 Cyclists will be classified by category, depending on their gender and age. No rider shall be allowed to subscribe more than within the category to which he belongs, nor shall he be included as a team other than the one in which the licence is linked, except for the exceptions which are laid down in regulation.

15.3 For cyclists to be able to participate in official state-wide competitions, they must be in possession of a licence, issued by the RFEC, according to the following minimum requirements:

(a) Uniformity of economic conditions in each of the categories, the amount of which shall be fixed by the General Assembly.

b) Uniformity of content and data expressed according to different sports categories.

(c) For participation in professional competitions, licences shall be issued, prior to their issue, by the Professional Cycling Council.

15.4 For participation in any official sports competition, of a state nature, in addition to the fulfillment of the specific requirements that are required in each case, according to the current competence framework, it will be necessary be in possession of a sports licence, which shall be issued by the sports federations of regional authority which are integrated into the RFEC, in accordance with the conditions and requirements to be laid down in regulation.

The license will produce effects in the state and autonomous areas, from the moment you enroll in the registry of the autonomous sports federation.

The autonomous sports federations must communicate to the RFEC the inscriptions they practice, as well as the modifications of those inscriptions; for these purposes it will be sufficient for the reference of the name of the holder, sex, date of birth, DNI number and license number.

Without prejudice to the provisions of the preceding paragraph, in the cases of non-existence of a self-governing federation, material impossibility, when determined by the autonomic federation itself, or when the autonomous federation does not be integrated into the RFEC, the issue of licences shall be assumed by RFEC.

It shall also be for the issuing of such licenses for which a visa or prior authorization of the United States is necessary, and in particular when it comes out of the provisions of the statutes of the United States. international federation.

The criteria for fixing the economic allocation corresponding to the overall amount received by the autonomous federations for the issue of licences, mainly in the light of the services provided by the The RFEC and the autonomics and respecting the freedom of each autonomous federation to fix and to perceive its own different autonomous quota, will be regulated by the corresponding sports public administration.

The distribution agreement must be adopted in the General Assembly of the RFEC, with the majority required by the legal and regulatory regulations in force.

In the event that an agreement is not reached for the determination of the economic value corresponding to each autonomous federation and the RFEC, that determination shall be subject to the decision of an independent body, whose President and other members shall be appointed in a balanced manner by the High Council of Sport and by representatives of all Autonomous Communities.

It is up to the RFEC to make and permanently update the census of sports licenses, which must be available to all the autonomous federations, which may have their own census or records of the licences they issue, while respecting the data protection legislation.

When the issuance of licenses is assumed by the RFEC in accordance with the provisions of the fourth and fifth paragraphs, it may do so directly or through the autonomic Federations.

The issuance of the licenses will take place within 15 days from the date of the application, after verification of compliance with the requirements for such issue in the present Statutes or in the Regulation Technical of the RFEC, with the exception of licences for professional cycling, which shall be issued directly by the RFEC.

The unjustified non-issuance of the licenses within the prescribed period will entail the corresponding disciplinary responsibility, as provided for in the legal system.

The licenses issued by the Autonomous Federal Federations, as provided for in the preceding paragraphs, shall record the corresponding data at least in the official Spanish language of the State.

These licenses will reflect three economic concepts:

(a) Mandatory insurance as referred to in Art. 59.2 of the Law of Sport.

(b) Fee corresponding to the RFEC, fixed by the General Assembly.

c) Cuota for the Autonomous Federation.

15.5 Cyclists are entitled to:

(a) Participate in the election of the governing bodies and representation of the RFEC in the manner provided for in Article 31 of these Statutes.

b) The sports-technical attention by your club and the RFEC.

c) Subscribe to the license under the terms set out in the appropriate regulation.

d) Those who recognize the federal rules or legal provisions.

e) Medical-health-sports assistance, through the compulsory health insurance to be subscribed and to a liability insurance against third parties, covering the damages and damages that the same may cause to third parties as a result of cycling's sporting practice, and up to the limits laid down in regulation.

f) Having access to all accurate and necessary information about the harms of doping in your health, keeping in your sporting activity a "zero tolerance" attitude against doping.

15.6 Are the obligations of cyclists:

a. Submit to the federative discipline and to the one of the club to which they are linked.

b. To attend tests, courses, calls, information talks called by the RFEC, aimed at preparing or participating in competitions of the national teams, as well as participating in the annual programmes that the RFEC will carry out in Preparation of the World Championships or Olympic Games.

c. Do not participate in this sporting activity with a club other than that which belongs to, except for regulatory exceptions, or in tests and/or sporting, leisure or social events of an unofficial nature.

d. Avoid any practice of doping and, where appropriate, report to the authorities concerned, the incitement that a third party may make to them, while maintaining in their sporting activity a "zero tolerance" attitude against doping.

e. Those other than those arising out of the federal rules or, where applicable, the legal provisions applicable to it.

Article 26. Operating system.

26.1 The sessions of the collegiate bodies of the RFEC shall always be convened by its President or, at the request of the President, by the General Secretariat; and shall take place when the latter so agrees and, in the times, in his case, determine the statutory or statutory provisions.

The notice of the call may be made by e-mail sent to the address communicated by the member of the federative collegiate body.

To prove that the call has been made, it will be necessary to confirm the true record of the referral of the email or the acknowledgement of the partner's receipt to that mail.

In other words, the call is subject to the legal provisions that apply to both your requirements and your content.

26.2 The call for the collective organs of the RFEC shall be made within the terms that in each specific case provide for the present Statutes; in the absence of such a forecast or in cases of special urgency, the same shall be shall carry out at least 48 hours in advance.

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

This will be without prejudice to specific assumptions requiring a higher attendance quorum.

26.4 Corresponding to the President to direct discussions with the authority of his office.

26.5 Agreements shall be adopted by a simple majority, except in cases where a more qualified quorum is envisaged.

26.6 Of all sessions, an act shall be lifted, in the form provided for in Article 44.2.a, of this order.

26.7 The votes against the agreements of the collegiate bodies, or the reasoned abstentions, will exempt from the responsibilities that may be derived from their adoption.

26.8 All the agreements of the different organs of the RFEC will be public and they will be able to access any affiliate to the RFEC.

26.9 The collegiate bodies of the RFEC, with the exception of the General Assembly, may be constituted and adopt agreements by electronic means.

1. The President of the federative collegiate body may agree to hold meetings by electronic means, for all ordinary and extraordinary sessions or only for one-off sessions. This agreement, which shall be notified to all members of each body, shall specify:

(a) The electronic means by which the call will be submitted.

b) The electronic means by which the meeting will be held.

c) The electronic means by which the documentation relating to the items on the agenda may be consulted and the time during which the information will be available.

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

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

f) The means of dissemination of the minutes of the sessions and the period during which they may be consulted.

2. The agreement may provide for the session to be held by video-conference and other formalities by other electronic means, in which case the following specialties shall apply:

(a) The convening of the body and the provision of the documentation shall take place in accordance with the provisions of the preceding paragraph.

(b) The session shall be held by video conference through any electronic system that allows it, in closed communication environments.

(c) Voting may take place by mere verbal expression of the meaning of the vote; in the case of secret votes, electronic systems shall be carried out to ensure the identity of the issuer and the confidentiality of its vote.

d) The minutes shall be prepared by electronic means, and may be limited to the written expression of the agreements and the file in electronic support of the video conference.

3. Prior to the adoption of the agreement referred to in the preceding paragraphs, the technical support and application shall be technically articulated to enable the meetings to be held by electronic means, which shall bring together the following: features:

(a) The system shall ensure the security, integrity, confidentiality and authenticity of the information, to the end of which a restricted electronic access service shall be put at the service of the organ members.

b) For the access of the members of the collegiate bodies to the electronic headquarters where the meeting takes place, one of the electronic identification systems will be used that allows the use of Law 11/2007, of June 22; when consists of a certificate to be incorporated into an electronic medium, the Presidency shall provide that support to the members of the collegiate body without the certificate.

c) The system will organize information at access levels when necessary.

(d) The system shall articulate a means to incorporate into the minutes of the sessions the constancy of the communications produced, as well as the access of the members of the federative collegiate body to the content of the adopted agreements.

Article 27. Basic rights of members.

27.1 Are basic rights for members of the federation:

(a) Take part in the deliberations, freely expressing their options on how many issues are the subject of treatment or debate within the body of which they are members and exercise their right to vote, including, where appropriate, if they wish, the particular reason they issue.

b) To intervene in the federal tasks of the office or function that they have, cooperating in the management that is the responsibility of the organ to which they belong.

c) Know the content of the minutes of the organ sessions that they are a part of.

d) Other than, regulatively, to be established.

27.2 Are your obligations, also basic:

a) Concurrir, when formally cited for it, to meetings, unless the reasons for force majeure prevent it.

b) To carry out, as far as possible, the commissions entrusted to them.

c) Collaborate loyally in the federal management, keeping, when it is necessary, the secret of the deliberations.

(d) Other to be determined by regulatory means.

e) Communicate to the Federation an e-mail address, which will be entered in the corresponding register of members of the collegiate bodies, to which the Federation will send all notification that corresponds to those.

Article 34. Regime of sessions and convocation.

34.1 The General Assembly shall meet, in plenary session and on an ordinary basis, once a year for the purposes of its competence, being convened at the date and place proposed by the Board of Directors and approved by the President.

34.2 The other meetings shall be extraordinary and shall be held, as many times as convened, at the request of the President, by agreement of the Delegate Committee, adopted by a majority, or at the request of twenty per cent, to the less, of the members of the Assembly itself.

All convocation must be done by written communication to all its members with express mention to the place, day and time of celebration in the first and second convocation, as well as the Order of the Day of the Affairs to be addressed.

34.3 The notice, as well as the documentation concerning the matters to be dealt with on the agenda, may be sent to the Asambleistas to the e-mail address collected for this purpose by means of the form drawn up in compliance with the requirements laid down by the LOPD. The data provided by the Asambleistas in this form will be included in a file responsibility of the RFEC, registered in the General Register of Data Protection.

34.4 Without prejudice to the foregoing, this documentation shall also be sent by post to all Members of the Assembly who so request.

34.5 In the same way, the documentation relating to the matters which make up the agenda may be submitted within the previous 10 days provided for at the date of its conclusion or, indeed, the day of the sitting, in the cases of urgency provided for in point 3 of the previous Article.

34.6 The calls shall be made at a notice of no less than 15 calendar days, except in the case referred to for the motion of censure of the President.

34.7 Between the first and the second call must mediate a difference of 30 minutes.

34.8 Members of the General Assembly must obtain their accreditation, which will be necessary to participate in it, and which will be facilitated by the administrative services of the RFEC on the same day of the session, from a hour before its start, in the room itself.

34.9 Arrival the time indicated for the celebration of the General Assembly, access to the room of more representatives will not be authorized and will be checked if the majority required for the first convocation is met; once the Previous requirement, the session is declared open, allowing entry to as many assemblymen so wish.

34.10 The General Assembly shall be validly constituted when the majority of its members, or on the second call, the third party, are present at the first convocation.

34.11 Notwithstanding the foregoing, the General Assembly shall be validly constituted to deal with any matter when all its members are gathered and so agree unanimously.

34.12 May attend Assembly sessions, with a voice but no vote, the outgoing President of the last term, as well as the members of the RFEC Executive Committee, other than the General Assembly, and the President of the Professional Cycling Council.

34.13 At the beginning of each session, three members of the Bureau will be appointed with the mission of verifying the minutes that, with the approval of the president, will be lifted by the secretary. In his absence, he shall act as Secretary of the Assembly.

34.14 It is the role of the Secretary to assist the President in verifying the attendance count and making the meeting minutes.

34.15 The Secretary of the RFEC will act as Secretary General of the General Assembly. In his absence, he shall act as Secretary of the Assembly.

34.16 The Minutes of each meeting shall contain the names of the assistants, specify the name of the persons involved and other circumstances deemed appropriate, as well as the text of the agreements to be adopted and the result of the votes and, where appropriate, the special votes contrary to the agreements adopted.

34.17 The votes contrary to the agreements adopted or the reasoned abstentions shall exempt from the responsibilities which may be derived, where appropriate, from the agreements of the collegiate bodies.

34.18 The minutes of the meeting may be approved at the end of the session of the corresponding plenary session, without prejudice to their subsequent referral to the members of the Assembly.

34.19 If the Minutes are not approved at the end of the meeting, it shall be forwarded to all members of the Assembly within a maximum of thirty days.

34.20 The Act shall be deemed to have been approved if, after 30 calendar days, no comment has been made on its content since its referral.

34.21 The above is without prejudice to the right of the members of the Assembly and/or other natural or legal persons affiliated with the RFEC, to challenge the agreements adopted in accordance with the procedures provided for in the legislation in force. The challenge of the adopted agreements shall not suspend the effectiveness of the agreements.

34.22 The President of the RFEC, will preside over the General Assembly, will open, suspend and, if necessary, close the sessions of the Assembly. It will conduct the debates, regulate the use of the word and put to the vote the proposals or measures to be adopted. To this end, it will be able to divide each paper into various sections, in order to proceed to its debate separately. It will resolve the questions of order and procedure that may arise. It may extend or limit interventions where the matter or time so requires, and is entitled to admonish and, even, to withdraw the word to Members of the Assembly who are irrespectfully addressed to the Presidency or to other Members of the same.

34.23 The discussions shall be initiated with an exhibition concerning the appropriate presentation, by the President or the person to whom it is appointed.

34.24 They will only be the subject of particularized debate, those questions or precepts that have been the subject of amendment and what the President or the majority of the Assembly would consider necessary. Non-amended matters or provisions shall be deemed to have been approved unless they are affected by accepted amendments in relation to other subjects or precepts.

34.25 Any member of the Assembly may submit amendments to the papers submitted for consideration by the body concerned.

34.26 The amendments must be received by the RFEC seven days in advance of the relevant session.

34.27 The President, heard by the Delegate Committee, will be able to admit on an exceptional basis, amendments that have been tabled outside the deadline.

34.28 During the session only transactional amendments that intend to approximate the content of the submitted amendments and the text of the paper may be submitted. The compromise amendments must be submitted in writing before the vote on the relevant text or precept begins. The President shall be responsible for the qualification and admission of such amendments.

34.29 For each amendment, two shifts may occur in favor and two against for no longer than three minutes each. In the case of amendments which are made in the same way, the President may divide the shifts in favour between the amendments.

34.30 The debate on all the amendments concerning the same subject or precept will be put to the vote, the text that the President will propose at that time. If it is rejected, the amendments tabled shall be put to the vote, on the order of their debate, until it has been approved.

34.31 Before entering into the debate on the matters foreseen in the Order of the Day, the counting of assistants will be verified, the President resolving the challenges or complaints that could be formulated regarding the inclusion or exclusion from the wizard.

34.32 The President, on his own initiative or at the request of twenty percent of the members of the General Assembly, may convene the sessions of the General Assembly to persons who are not members of the General Assembly, in order to report on the issues request.

34.33 The agreements must be expressly adopted, after the drafting of the agreements and after the subsequent vote. The vote will be secret in the election of President and members of the Delegate Committee and in the motion of censure.

It will be published in the remaining cases, unless the third party requests a secret ballot. The public vote shall be carried out by show of hands.

The vote of the members of the General Assembly is personal and inselectable.

The General Assembly agreements shall be adopted by a simple majority of the members present, except in cases where the present statutes require a qualified majority for their adoption.

The President will have a quality vote in case of a tie.

34.34 The extraordinary session of the Assembly that knows of a motion of censure will be initiated with an exhibition of the same by one of its signatories, for maximum time of twenty minutes. The President of the Federation, or the assemblyman designated by him, may use the word below for a maximum of twenty minutes.

Both interveners will be able to use the word in both replica shifts and doubles for no longer than five minutes each.

34.35 The candidate included in the motion of censure may then intervene for a time not exceeding twenty minutes. The President may reply within a maximum of 20 minutes. Both interveners will be able to make use of the replica shifts and doubles for no longer than five minutes each.

34.36 In the event that alternative motions have been submitted, they will be discussed, following the criteria set out in the previous article and by their order of presentation.

34.37 Finished the debate, motion or motions will be put to the vote on the order of their presentation. The vote shall be secret and shall be carried out with a nominal appeal and by ballot, where the motion shall be entered if or not, as approved or rejected. The approval of the motion of censure will require a qualified majority of two-thirds of the members of the assembly.