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.

Read the untranslated law here:

(In exercise of them competencies conferred by the article 10.2. b) of the law 10 / 1990, of 15 of October, of the sport, the Commission directive of the Council top of sports in its session of 27 of April of 2015, has approved definitely the modification of them articles 11, 15, 26, 27 and 34, of them statutes of it Real Federation Spanish of cycling authorizing their entry in the register of sports associations.

In compliance of it planned in the article 31.7 of the law of the sport and article 12.3 of the Real Decree 1835 / 1991, of 20 of December, on federations sports Spanish and registration of associations sports, have the publication of the modification of them statutes of the Real Federation Spanish of cycling, contained in the annex to the present resolution.

Madrid, 5 of June of 2015.-the President of the Council Superior of sports, Miguel Cardinal truck.

Annex statutes of the Royal Federation Spanish of cycling article 11. Financial obligations with respect to participation in official State-level competitions.

11.1. integrated into the RFEC, federations must satisfy to this quotas which, in his case, set it by the Organization of State level competitions, and also, that may be applicable as economic compensation for issuance of license.

11.2. without prejudice to financial independence and the autonomy of federations economic management, the RFEC will control subsidies to those receiving it or through it.

Article 15. Cyclists.

15.1 are federated cyclists, natural persons who practice the sport of cycling in its various forms and have signed the corresponding license.

15.2. cyclists will be classified into categories, according to their sex and age. Any cyclist can sign license rather than within the category to which they belong, nor included in different which link you leave, subject to the exceptions established by law.

(15.3 to enable cyclists to participate in official competitions of State level, it will need to 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, whose amount shall be fixed by the General Assembly.

(b) uniformity of content and data expressed according to the different sports categories.

(c) for the participation in competitions of character professional, the licenses must be certified, previously to his expedition, by the Council of cycling professional.

15.4. for participation in any official sports competition, State, in addition to compliance with the specific requirements that they require in each case, in accordance with the existing competence framework, will need to be in possession of a sports license, which will be issued by the autonomous sports federations that are integrated in the RFEC, according to the conditions and requirements to be established by regulation.

The license will produce effects at levels national and regional, from the moment they are entered in the register of the regional Sports Federation.

The autonomous sports federations must notify the RFEC inscriptions that practice, as well as amendments to these inscriptions; for these purposes is sufficient remission of the name and surname of the holder, sex, date of birth, ID card number and license number.

Without prejudice to the provisions of the preceding paragraph, in the event of absence of regional Federation, material impossibility, when so determined by the regional Federation or regional Federation can found integrated in the RFEC, licensing will be assumed by RFEC.

To this shall be responsible for the issuance of those licenses for which it is necessary to have a visa or authorization of the attention, and in particular when so it pulls away from the provisions in the statutes of the International Federation.

The criteria to fix the economic distribution corresponding to the global amount perceived by the autonomous federations for the issuing of licences, mainly assisting each other services between the RFEC and the autonomic and respecting the freedom of every regional Federation to fix and perceive their own different autonomous quota, will be according to the rules set by corresponding sports public administration.

The sharing agreement should be adopted at the General Assembly of the RFEC, and must have, the majorities required by the existing legal and regulatory regulations.

In the event that it failed to reach an agreement for the determination of the economic level that corresponds to each regional Federation and the RFEC, such determination shall be submitted to decision to an independent body, whose Chairman and other members shall be appointed in a balanced way by the Superior Council of sports and the representatives of all the autonomous communities.

It corresponds to the RFEC the development and permanent updating of census of sports licensing, which should be available to all regional federations, which may have their own censuses or records of licenses issued, respecting, in any case, the data protection legislation.

When licensing is assumed by the RFEC in accordance with the above paragraphs in fourth and fifth, you can do so directly or through the autonomous federations.

The issuance of licenses will occur within the period of fifteen days from the application, once verified compliance with the requirements for such an expedition in these statutes or in the technical regulation of the RFEC, with the exception of the appropriate licenses for professional cycling, that they will be issued directly by the RFEC.

It not expedition unjustified of the licenses in the term designated behave the corresponding responsibility disciplinary, according to it planned in the ordering Legal sports.

Licenses issued by the federations of autonomous, as provided in the preceding paragraphs, shall enter the corresponding data at least in the official Spanish language of the State.

These licenses reflect three economic concepts: to) compulsory insurance referred to in article 59.2 of the law of sport.

(b) fee to the RFEC, set by the General Assembly.

(c) fee for the Autonomous Federation.

(15.5 bikers have right to: to) participate in the election of the organs of Government and representation of the RFEC, in the manner provided in article 31 of these statutes.

(b) the deportiva-tecnica attention by his club and the RFEC.

(c) sign a license on the terms set out in the corresponding regulations.

(d) those others who recognized the federal rules or regulations.

e) medical and health care - sports, through the compulsory medical insurance which subscribe you and insurance of civil responsibility towards third parties, to cover damages it may cause to third parties as a result of the sport of cycling, and up to the limits set by regulation.

(f) have access to all the necessary and accurate information about the harmful effects of doping on health, maintaining an attitude of "zero tolerance" against doping in their sport.

15.6 are obligations of cyclists: a. subject to Federal discipline and to the club to which they are linked.

b. attend tests, courses, calls, informative talks encouraged by the RFEC, aimed at the preparation or participation in competitions of national teams, as well as participate in the annual schedules the RFEC made in preparation for the World Championships or Olympic Games.

c. not participate in this activity sports with club different of which belong, except in the exceptions regulations, or in tests and/or events sports, recreational or social of character not official.

d. avoid any doping practice and report where appropriate, to the relevant authorities, incitement that a third party can perform them, keeping a "zero-tolerance" attitude against doping in their sport.

e other arising from federal standards or, where appropriate, legal provisions that may be applicable.

Article 26. Operating regime.

26.1. the sessions of the colleges of the RFEC will be always convened by its Chairman or at the request, by the General Secretariat; and they will take place when one so agreed and in addition, in the times which, in his case, determine the statutory or regulatory provisions.

The communication of the call will be made by email sent to the address given by the Member of the Federative collegiate body.

Irrefutable constancy of the remission of the email or the acknowledgement of receipt of the email partner will be required to prove that the call has been made.

Otherwise, the call is subject to the legal provisions which are applicable to both your requirements and your content.

26.2. the call of the colleges of the RFEC, shall be carried out within the terms that in each case provide for these statutes; in the absence of such forecast or in cases of special urgency, it shall be carried out with a minimum of 48 hours beforehand.

26.3 will be validly constituted, at first call, when attend the majority of their members; and, on second, when is present, at least, a third.

This will be without prejudice to those specific cases that require a quorum of more assistance.

26.4 will correspond to the President directing them discussions with the authority own of its cargo.

26.5 them agreements is be adopted by most simple, except in those alleged in that is planned a quorum more qualified.

26.6 of all the sessions is rise an Act, in the form that provides the article 44.2. to, of this order.

26.7 votes contrary to the agreements of the colleges, or motivated abstentions, exempt of the responsibilities that may arise from its adoption.

26.8. all agreements of the various organs of the RFEC will be public and they may access any member of the RFEC.

26.9. the colleges of the RFEC, with the exception of the General Assembly, may set up and adopt agreements by electronic means.

1. the President of the Federative collegiate body may agree holding of meetings by electronic means, for all ordinary and extraordinary sessions or only for specific sessions. The agreement, which will be notified to all the members of each body, specify: to) the electronic means by which the call will be forwarded.

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

(c) the electronic means by which will be available the documentation relating to the items on the agenda of the day and the time during which the information will be available.

(d) how to participate in discussions and deliberations and the period of time during which it will take place.

(e) the means of emission of the vote and the period of time during which you can vote.

(f) the means of dissemination of the records of the meetings and the period during which will be available.

2 the agreement may establish that the session is being held through videoconferencing and other procedures by other electronic means, in which case the following specialities will be applied: to) call for the organ and the provision of documentation will take place in accordance with the provisions of the preceding paragraph.

(b) the meeting will be held via videoconference through any electronic system that permits, in closed environments of communication.

(c) the voting may take place by mere verbal expression of the sense of the vote; the case of secret ballot, must be carried out by electronic systems that ensure the identity of the issuer and the confidentiality of their votes.

(d) the Act will provide by electronic means, and may limit the written expression of the agreements and the file in videoconferencing e-support.

3 prior to the adoption of the agreement referred to in the preceding paragraphs will be technically articulated support and the software application allowing the holding of meetings by electronic means, which will bring together the following characteristics: to) the system will ensure the security, integrity, confidentiality and authenticity of the information, for which purpose will be in service of the members of the body an electronic service of restricted access.

(b) access of the members of the bodies chartered to the electronic site where takes place the meeting shall be one of the systems of electronic identification that allows to use the law 11/2007, of 22 June; When it consist of a certificate that must be incorporated into an electronic device, the Presidency will facilitate such support to the members of the College who lack the same.

(c) the system will organize the information access levels when it is necessary.

(d) the system will articulate a medium to incorporate to the minutes of the sessions the constancy of produced communications, as well as the access of the members of the Federative collegiate body to the content of the agreements adopted.

Article 27. Basic rights of the members.

(27.1 are basic rights of the members of the federal organization: to) take part in the deliberations, freely expressing their choices on many issues are the subject of discussion within the body of which they are members or treatment and exercise their right to vote, stating where appropriate, if long, reasoned particular emitting.

(b) intervene in federal tasks of the position or function that holds, to cooperate in the management that the body to which they belong.

(c) knowing the content of the minutes of the session of the body of which they are part.

(d) others which, by regulation, establish.

(27.2 are also basic obligations: to) go, when they are formally cited for this purpose, meetings, unless force majeure do not permit.

(b) perform, to the extent possible, commissions entrusted to them.

(c) cooperate loyally in the management Federal saving, where necessary, the secrecy of the deliberations.

(d) any other to be determined by rules of procedure.

(e) inform the Federation an email address, that score in the corresponding register of members of corporate bodies, which the Federation will send all notification corresponding to make those.

Article 34. Regime of the meetings and call.

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

34.2. other meetings will have extraordinary character and will be held, how many times be convened, at the request of the Chairman, by agreement of the delegate Committee, adopted by a majority, or at the request of twenty per cent, at least, of the members of the Assembly.

All call must be made through written communication to all members with express mention of the place, day and hour of celebration at first and second call, as well as the order of the day of the Affairs to treat.

34.3 the call, as well as the documentation that is concerning to them Affairs that go to treat is in the order of the day, may send is to them assemblymen to the address of mail electronic collected for such end through form made complying with them requirements planned by the LOPD. The data provided by the Assembly in this form will be included in a file responsibility of the RFEC, registered in the General registry of data protection.

34.4 without prejudice of it previous, equally is send this documentation by mail postal, to all those members of the Assembly that so it requested.

34.5 in the same way, the documentation relating to the topics that make up the order of the day, can refer within 10 days provided for the date of your celebration or even present day of the session, in cases of urgency which provides for item 3 of the preceding article.

34.6. proposals will be carried out with a notice not less than 15 calendar days, except in the case referred to the motion of censure to the President.

34.7. between the first and the second call should mediate a difference of 30 minutes.

34.8. the members of the General Assembly must obtain accreditation, which will be required to participate in it, and that will be provided by the administrative services of the RFEC the day of the session, starting one hour prior to its inception in the own room that.

34.9 arrival noon for the celebration of the General Assembly, shall not be permitted access to the room of more representatives and check if there is the majority required for the first call; Once completed the previous requirement, is declared open the session, allowing the entrance to many Assembly members wish to do so.

34.10. the General Assembly shall be validly constituted when at first call, most of its members or in second call, the third part of them.

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

34.12 may attend the sessions of the Assembly, with voice but without vote, the President's last term, as well as the members of the Executive Committee of the RFEC, that you are not of the General Assembly, and the President of the professional cycling Council.

34.13 at the beginning of each session shall be designated by the table three members of that with the Mission of verifying the Act to, with the approval of the President, the Secretary raised. In his absence, he shall act as Secretary who appoint the Assembly.

34.14 is function of the Secretary assist the Chairman in the verification of the count of attendees and the preparation of the minutes of the meeting.

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

34.16. the minutes of each meeting will gather the names of attendees, shall specify the name of persons involved and other circumstances that may be appropriate, as well as the text of agreements to be taken and the result of the vote and, where appropriate, contrary to the agreements adopted particular votes.

34.17 them votes contrary to the agreements adopted or them abstentions motivated exempt of them responsibilities that could derive is, in its case, of them agreements of them bodies collegiate.

34.18 the Act of the meeting may be approved to the end the session of the full corresponding, without prejudice of its subsequent remission to them members of the same.

34.19 if not adopted the Act at the end of the meeting, will be forwarded to all members of the Assembly within a maximum period of thirty days.

34.20. the minutes shall be deemed adopted if, within thirty calendar days after your referral, has not made any comment on its content.

34.21 the above is understood without prejudice to the right of the members of the Assembly or other natural or legal persons affiliated to the RFEC, to challenge decisions adopted according to the procedures provided for in the legislation in force. Challenges to the agreements adopted not suspend the effectiveness of them.

34.22 the RFEC President, will preside over the General Assembly, will open, be suspended and if necessary, close the session of the Assembly. It will lead the discussions, regulating the use of the word and submitting to vote the proposals or measures to be taken. To that end, you can divide each paper into different sections, to proceed with its debate separately. It will solve the issues of order and procedure that may arise. You can expand or limit the interventions when so required by the subject or the time, and has the authority to reprimand and, even, to remove the word members of the Assembly which are directed in a disrespectful manner to the Presidency or other members of the same.

34.23 them debates is begin with an exposure relative to the paper that corresponds, to cargo of the President or of the person to who this designate.

34.24 only will be discussed particularized, those issues or precepts that have been subject to amendment and what the President or the majority of the Assembly considered necessary. Issues or not amended precepts shall be deemed approved, unless they are affected by amendments accepted in relation to other topics or precepts.

34.25. every Member of the Assembly may submit amendments to the reports that are submitted for consideration by the relevant body.

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

34.27 President, heard the Executive Committee, may be accepted on an exceptional basis, amendments submitted after the deadline.

34.28. during the session only compromise amendments seeking to bring the content of the amendments and the text of the report may be submitted. The compromise amendments must be submitted in writing before the vote on the text or corresponding precept. Qualification and acceptance of such amendments will be up to the President.

34.29 by each amendment two shifts in favour and two against time not exceeding three minutes may cause each one. In the case of amendments formulated in the same sense, the President may divide shifts in favor among the tabled.

34.30 finished the debate on all the amendments relating to the same subject or precept, is put to the vote the text which, at that time, propose the President. If it were rejected, amendments is put to the vote, in the order of their debate, until one is approved.

34.31 before enter to discuss them Affairs expected in the order of the day is will proceed to verify the count of attendees, solving the President them challenges or claims that could formulate is with regard to the inclusion or exclusion of the some Assistant.

34.32 the President, to initiative own or to request of a twenty percent of them members of the Assembly General, may convene to them sessions of the same to people that not are members of she, to inform of them themes that is requested.

34.33 agreements must expressly be adopted prior writing them and after the subsequent vote. The voting will be secret in the choice of President and member of the Executive Committee and the motion of censure.

It will be public in the remaining cases, unless one third of the attendees requested secret ballot. Public voting will be by show of hands.

The vote of the members of the General Assembly is personal and non-delegable.

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

The President shall have a vote in the event of a tie.

34.34. the special session of the Assembly who knows of a motion of censure will begin with an exhibition of the same by one of its signatories, for maximum of twenty minutes. The President of the Federation, or Assemblyman designated by him, may make use of the Word then for a maximum of twenty minutes.

Both parties can make use of the word in two separate shifts of reply and Rejoinder by no more than five minutes each time.

34.35 then you can intervene the candidate included in the motion of censure for not more than twenty minutes. The President may reply at a time maximum of twenty minutes. Both parties may make use of the reply and rejoinder shifts for no more than five minutes each time.

34,36 where alternative motions have been filed will proceed to its debate, following the criteria established in the previous article and by his order of presentation.

34.37 ended the debate, the motion or motions shall be submitted to the vote by the order of their presentation. The voting will be secret and shall be carried out with nominal appeal and by ballots, which will indicate Yes or no, depending on approval or reject the motion. The approval of the motion of censure, will require a qualified majority of two-thirds of the members of the Assembly.