The Organic Law 3/2013, of 20 June, of protection of health in sport and the fight against doping in sport, is the result of the high international commitment assumed by Spain in the fight against doping, the What happens to be configured from an integral perspective as one more element within the system of protection of the health of the athletes and that affects the fair game in the sport and to the own ethical dimension of the same.

By means of this standard, the Spanish Agency for Health Protection in Sport is created which, on the basis of a regime of independence, becomes the fundamental reference in the fight against doping, constituting itself in the public body through which state policies for the protection of health in sport are carried out and, among them and in particular, the fight against doping and research in the sciences of sport.

Therefore, the creation of the Spanish Agency for Health Protection in Sport involves the establishment of a system based on the single administrative action, as opposed to the previous system in which the different competencies that now agglutina the new Agency, were distributed among different entities.

In this way, and through the centralization of competences, it is intended to contribute to avoid possible dysfunctions and to help the establishment of a series of criteria of interpretation of the norm that are homogeneous and constant and contribute to strengthening legal certainty in the fight against doping.

The Spanish Agency for Health Protection in Sport is governed by the provisions of Law 28/2006, of July 18, of State agencies for the improvement of public services, determining the functions, organization and its procedures for action in its Statutes.

By this royal decree, therefore, the development of the structure of the Spanish Agency for Health Protection in Sport is proceeding that allows to carry out effectively and efficiently the competences that the Law Organic 3/2013, of June 20, credits you.

The Spanish Agency for Health Protection in Sport is attached to the Ministry of Education, Culture and Sport through the Superior Council of Sports and its functions, fully consistent with its object, are defined Both in the Organic Law 3/2013 of 20 June, and in Law 28/2006 of July 18, and are concretized in Article 7 of the Statute that is approved by this royal decree.

In terms of its organic and administrative structure, this royal decree establishes the organizational structure of the Spanish Agency for Health Protection in Sport that, in compliance with the legal provisions cited, will have the President and the Governing Council as governing bodies, the Director as the executive body and the units that are part of the administrative structure.

addition, it is attached to the Agency, the Interterritorial Commission for the Protection of Health in Sport, an organ provided for in Article 7 (5) of the said Organic Law, at the disposal that "In the event that they exist" bodies responsible for the fight against doping in the field of the Autonomous Communities, shall be constituted within the Spanish Agency for the Protection of Health in Sport an organ for the participation of the same for information, debate and cooperation with regard to public policies of the State in the field of doping. "

Continuing, with the new competences assumed by the Agency, it is important to highlight those related to the protection of the health of the athlete, bearing the assumption by the new Spanish Agency of Health Protection in the Sport, the personal and material functions and means of the Sports and Health Subdirectorate General of the Superior Council of Sports, which happens to be integrated into the new structure.

On the other hand, the structure of their departments and the new tasks assigned to them is to respond to the centralization of competences that were previously awarded to different entities, such as the the planning and implementation of the controls, as well as the management of the results of the checks and the processing of the sanctioning procedures in cases where appropriate.

It is important to emphasize the strengthening of the regime of technical and functional independence of the Laboratory of Control of Doping, which happens to be structured as one more department within the Spanish Agency for Health Protection in the Sport and therefore, with direct dependence on the Director of the Agency as the executive body of the Agency.

Finally, the Statute includes the regulation of management by objective, the management of material and personal resources, as well as the economic and budgetary aspects according to the provisions of Law 28/2006, of 18 of July.

In its virtue, at the initiative of the Minister of Education, Culture and Sport, on the proposal of the Minister of Finance and Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on 5 June 2015,

DISPONGO:

Single item. Approval of the Statute of the Spanish Agency for Health Protection in Sport.

The Statute of the Spanish Agency for Health Protection in Sport is approved, the text of which is inserted below.

Additional disposition first. Incorporation of staff.

1. The Spanish Agency for Health Protection in Sport will integrate the personnel listed in the list of posts of the Sports and Health Subdirectorate General of the Superior Sports Council.

2. Officials who become part of the staff at the service of the Spanish Agency for the Protection of Health in Sport for the purpose of filling posts to which they are assigned, shall remain in service. active in your Body or Scale of Origin, with all the rights inherent in such a situation.

3. The work staff who become part of the staff at the service of the Spanish Agency for the Protection of Health in Sport for taking up posts to which they are assigned functions, will be integrated into the employment of the Agency's workforce, with the same rights and obligations as they have at the time of integration.

4. The lower level units to Subdirectorate General that exist in the structure of the State Anti-Doping Agency, will be maintained in the structure of the Spanish Agency for Health Protection in Sport.

Additional provision second. Effective constitution of the Governing Council.

The constitution of the Rector Council of the Spanish Agency for Health Protection in Sport will take place within 60 days from the entry into force of this royal decree.

Additional provision third. Deleting drives.

The following units of the State Anti-Doping Agency are deleted:

a) Department of Research, Development and Innovation in Health Protection and Doping.

b) Dope Prevention and Control Department.

c) Department of Management.

d) The Support Unit to the Address.

Additional provision fourth. No increase in expenditure.

The measures contained in this royal decree and in the Statute that are approved shall be carried out without any net increase of organic structures, envelopes, or personnel costs.

First transient disposition. Elaboration of the Management Contract.

The Governing Council of the Spanish Agency for Health Protection in Sport shall approve and forward, for its effective approval, to the competent Departments within three months of its formation, the first Proposal for a Management Contract referred to in Article 14 of Law 28/2006 of July 18.

Second transient disposition. Initial action plan.

Until the management contract is approved, the Agency's action, including the management of jobs and the approval of its budget, shall be carried out in accordance with the approved memory, to which the Article 3 of Law 28/2006 of 18 July, which shall contain the Initial Action Plan.

Single repeal provision. Repeal of Royal Decree 185/2008 of 8 February 2008 approving the Statute of the State Anti-Doping Agency.

Royal Decree 185/2008 of 8 February 2008, approving the Statute of the State Anti-Doping Agency, as well as the rules of the same or lower rank that oppose the provisions of this royal decree or in the Statute which in its virtue is approved.

Single end disposition. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, June 5, 2015.

FELIPE R.

The Minister of Finance and Public Administrations,

CRISTOBAL MONTORO ROMERO

STATUTE OF THE SPANISH AGENCY FOR THE PROTECTION OF HEALTH IN SPORT

CHAPTER I

General provisions

Article 1. Nature and object.

1. The Spanish Agency for the Protection of Health in Sport is a public body provided for in article 43.1.c of Law 6/1997 of 14 April, of the Organization and the Functioning of the General Administration of the State, and regulated by the Law 28/2006, of July 18, of State agencies for the improvement of public services. The Agency has a distinct legal personality, its own assets and its own treasury and management and functional autonomy, within the limits established by Law 28/2006 of 18 July.

2. The aim of the Spanish Agency for Health Protection in Sport is the development of the state policies for the protection of health in sport and, among them and in a special way, the fight against doping and research in the sciences of the sport, in accordance with the provisions of the Organic Law 3/2013 of 20 June, protecting the health of the athlete and the fight against doping in sport.

Article 2. Legal framework.

1. The Agency is governed by Law 28/2006, of July 18, by the Organic Law 3/2013 of 20 June, and its implementing regulations, by the Statute and, in an additional way, by the rules applicable to the entities governed by public law attached to the Administration General of the State. It shall also be subject to the specific rules governing the control of doping by the World Anti-Doping Agency, where applicable.

2. In the exercise of its public powers, Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, shall apply.

Article 3. Administrative powers and relations with other administrations.

1. It is for the Spanish Agency for Health Protection in Sport, within the competence it has attributed, the exercise of the necessary administrative powers for the fulfilment of its purposes and functions, in the established terms in this Statute and in accordance with applicable law.

2. The relations of the Spanish Agency for the Protection of Health in Sport with the organs of the General Administration of the State and the other public administrations to which the exercise of the functions provided for in Article 5 of this Statute, shall be exercised by the Director of the Agency and may delegate his/her exercise to the management staff.

Article 4. Membership and venue.

1. The Spanish Agency for Health Protection in Sport is attached to the Ministry of Education, Culture and Sport through the Superior Council of Sports.

Correspond to the Ministry's strategic direction, evaluation and control of the results of the activity of the Spanish Agency for Health Protection in Sport. Those tasks shall be exercised by the monitoring and control of the management contract, to which effect the High Council of Sport shall establish the coordination procedures necessary for the proper exercise of the powers and responsibilities arising from the membership in accordance with the provisions of Article 43 (4) of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State.

2. The Spanish Agency for Health Protection in Sport is based in Madrid.

Article 5. Provisions and administrative acts.

1. The Spanish Agency for Health Protection in Sport will dictate the internal rules necessary for the performance of its object and its functioning, which may take the form of:

(a) Resolutions of the Governing Council, to be signed by the President.

(b) Resolutions, instructions and circulars of the Director of the Agency.

2. The acts and resolutions of the governing bodies and of the Director of the Agency put an end to the administrative route, without prejudice to the powers conferred on the Administrative Court of Sport, in accordance with the provisions of the Organic Law 3/2013 of 20 of June.

3. They shall not be considered to be administrative acts by the Spanish Agency for the Protection of Health in Sport within the framework of conventions signed with the International Federations for the delegated exercise of powers of These, as provided for in Article 37.1 of the Organic Law 3/2013, of 20 June.

Article 6. Legal assistance and delegated intervention.

1. In accordance with the provisions of the fourth additional provision of Law 28/2006 of 18 July, the legal advice of the Agency will be carried out by the State Advocate at the Ministry of Education, Culture and Sport, without prejudice to the that, in the light of the Agency's needs, the signing of a legal aid agreement can be agreed in the terms of Article 14 of the Regulation of the State Legal Service, approved by Royal Decree 997/2003 of 25 July 2003, in the management contract framework.

2. The Delegated Intervention of the Spanish Agency for Health Protection in Sport will perform the functions attributed to it by Law 28/2006, of July 18, as well as those contained in Law 47/2003, of November 26, General Budget.

CHAPTER II

Functions

Article 7. Duties of the Spanish Agency for Health Protection in Sport.

1. In order to give effective compliance with the provisions of Article 1 (2) of this Statute, it is the role of the Spanish Agency for the Protection of Health in Sport, which expressly grants it the Organic Law 3/2013, of 20 June, and the Present Staff Regulations, in particular:

a) Define and develop state policies for the protection of health in sport, in particular the fight against doping and research in sports sciences.

b) Exercise disciplinary powers in the field of doping in sports activities carried out with a state or regional sports license.

(c) Sign agreements with International Federations or entities that perform an equivalent function to assume sanctioning powers with respect to officially qualified athletes as an international level or that participate in international competitions. It may also sign agreements with private sports entities or organisations for the material performance of doping controls and management of the analytical results derived therefrom.

d) Establish the planning, personnel clearance, conduct of doping controls, granting and recording of therapeutic authorizations and processing and resolution of the files resulting from these actions, in the The scope of the subjective and objective competences determined by the Organic Law 3/2013 of 20 June.

e) To annul the results obtained in the context of the sports competitions as a result of the commission of one of the behaviors provided for in the Law of the Organic Law 3/2013, of 20 June, and to report to the organs disciplinary in team sports when one of the circumstances provided for in Article 30 of the said Organic Law is present.

(f) Recognising, on its own initiative or at the request of the sportspersons, the decisions given by the anti-doping authorities of other States or by the competent International Federations or Entities, where they are in conformity with the World Code Anti-doping and correspond to the field of competence of the relevant anti-doping entities.

g) Advising and collaborating with the State Security Forces and Bodies, with the judicial police and with the other public authorities with powers related to the scope of the Agency itself, and at the request of such public authorities, with judges and courts. Also, request the collaboration of the health authorities, in particular the Spanish Agency for Medicines and Sanitary Products and the Spanish Agency for Food Safety and Nutrition.

(h) Issue reports on the concurrency of danger to the life or health of the athletes at the request or instance of the judicial authorities or the Prosecutor's Office, in the terms provided for in Article 33 of the Law Organic 3/2013, of June 20, and corresponding rules of the Criminal Code and Criminal Procedure Law. Or in any of the assumptions provided for in other laws.

i) Request from the judicial authorities for the remission of the free cars to be dismissed or the judgment in absolute terms for the purposes of giving credentialed the proven facts contained therein, as well as the measures of instruction, or, where appropriate, tests carried out, which are necessary for the continuation of the sanctioning procedures.

j) Issue a mandatory report in the cases of reduction of the period of suspension of the federal license for the collaboration of the sportsman in the terms provided for in Article 36 and concordant of the Organic Law 3/2013, of 20 of June.

k) Develop the Health Support Plan in the field of sports activity, in the terms and with the scope provided for in Articles 41 to 51 of the Organic Law 3/2013 of 20 June, and issue the health card of the sportsman.

(l) Establish a specific programme to combat the misleading advertising of products liable to cause doping in sport, as well as a programme for the control of the sale and marketing of such products by internet or other electronic means of sale, in coordination with the competent bodies of the General Administration of the State.

m) Create, together with the Autonomous Communities, a system of information about the protection of health and the fight against doping in the terms provided for in Article 63 of the Organic Law 3/2013, of June 20.

n) Promote, manage, manage and conduct scientific research, valorization and transfer of knowledge associated with sports practice, to the application of the sports activity in the treatment and the prevention of diseases and the fight against doping, in collaboration with the National Health System, within the framework of the State research plans; and in collaboration with the Autonomous Communities and with other actors or bodies of national or international research, within the framework of their respective competences.

n) Conceding aid and grants to scientific research and its monitoring, in the field of the competences conferred on the Agency.

o) Establish collaboration agreements with other public servants or private agents carrying out scientific and technical research activities, national or foreign, or at supranational level of the following activities: Projects and actions of scientific research, development and innovation; Financing of singular scientific and technical projects; Training of scientific and technical personnel; Scientific and scientific dissemination technology; Shared use of buildings, facilities and material means for the development of scientific research, development and innovation activities in accordance with the provisions of Law 33/2003 of 3 November of the Heritage of Public Administrations; other activities of a scientific, teaching and advice on matters within your competence.

p) Conduct educational, training, awareness-raising, outreach and publishing activities on the commitment of all to a clean sport free of doping as well as the protection of the health of the athletes. In particular, the training, further training and specialisation of staff who have the consideration of doping control agents.

q) Represent the General Administration of the State in international meetings, forums and institutions, directly related to the Agency's object and the tasks entrusted to it, as well as to engage and collaborate with the entities of other States having assigned objects and functions similar to those entrusted by the Spanish Agency for the Protection of Health in Sport.

(r) Issue a mandatory report on how many regulatory projects dealt with by the General Administration of the State concerned the protection of the health of sportsmen and women and the fight against doping, as well as draft agreements or international agreements on doping which are to be signed by Spain. It may also report compliance with regulatory initiatives in the field of autonomous communities, at their request.

s) Other than that attributed to it by the Organic Law 3/2013, of June 20, or the rest of the laws or international conventions signed by the Spanish State.

2. In accordance with Article 7 (6) of the Organic Law No 3/2013 of 20 June, the Spanish Agency for the Protection of Health in Sport may formalise conventions or concerts with a view to the performance of its functions. any public or private entities, in accordance with the provisions of the law on public administration contracts.

CHAPTER III

Organization

Section 1. Government Organ

Article 8. Governing bodies.

1.They are the governing bodies of the Spanish Agency for Health Protection in Sport, the President and the Governing Council.

2. The designation of the members of the Governing Council proposed by the General Administration of the State shall be in accordance with the criterion of parity between women and men.

Article 9. The President.

1. The Presidency of the Spanish Agency for Health Protection in Sport and its Council will be responsible for the President of the Sports Council.

2. The following functions are the responsibility of the President of the Spanish Agency for Health Protection in Sport:

a) Ostend the institutional representation of the Spanish Agency for Health Protection in Sport.

b) Chair the Governing Board and ensure the execution of its agreements, having all the other powers that correspond to it as President of the collegiate body in accordance with the provisions of Article 23 of Law No 30/1992, November 26.

c) To monitor the development of the activities of the Spanish Agency for Health Protection in Sport, ensuring compliance with this Statute.

(d) Report to the Ministries of Education, Culture and Sport and Finance and Public Administrations on the implementation and compliance of objectives set out in the management contract.

e) To celebrate, in the field of their competence, and prior to the agreement, the contracts and agreements of special institutional relevance.

3. The President may delegate his or her own duties as appropriate and may be delegated to the Director. Also, in the event of absence, vacancy or illness or other legal impediment, the Director shall replace the President of the Spanish Agency for the Protection of Health in Sport, both in his own functions and in those he holds. as president of the Governing Council.

4. The President may obtain from all the collegiate and single-person bodies covered by this Statute the reports and opinions which are necessary for the proper performance of the tasks entrusted to them.

Article 10. The Governing Council.

1. The Governing Council is the governing body of the Spanish Agency for Health Protection in Sport and will be composed of the President of the Agency, which will also be the Council, and the following members, who will be appointed by the holder of the Ministry of Education, Culture and Sport:

a) One on behalf of each of the following Ministries: Education, Culture and Sports, Finance and Public Administrations, Health, Social Services and Equality and the Interior, all proposed by their respective Ministers and who will have at least the rank of Subdirector General.

b) One representing the Spanish sports federations.

c) A consensus representative on the proposal of the Autonomous Communities.

d) The Director of the Spanish Agency for Health Protection in Sport.

2. The Secretary of the Governing Council shall be appointed and terminated by this governing body, on a proposal from the President of the Agency, and shall attend the meetings with a voice and without a vote.

3. The President of the Agency may invite to the meetings of the Governing Council the persons whose presence is considered useful, taking into account their training, experience and commitment. Such persons shall attend the sessions in a voice but without a vote. The holder of the Ministry of Education, Culture and Sport may also attend and speak at the meetings of the Governing Council.

Article 11. Functions of the Rector Board.

The following are the functions of the Rector Board:

(a) Approve the proposal of the Management Contract referred to in Article 18 of this Statute.

(b) Approve the objectives of the Agency, as well as the annual action plan and the multiannual action plan thereof, as well as the quantitative and qualitative criteria for the assessment of its compliance and the degree of efficiency, the framework of the management contract.

c) Approve the preliminary draft budget of the Agency and, where appropriate, the contraction of multi-annual obligations within the limits laid down in Article 27.5 of Law 28/2006 of 18 July, and those remaining fixed in the management contract. It is also appropriate to propose to the Ministry of Finance and Public Administrations, on the initiative of the Director, the budgetary changes whose approval is the responsibility of the holder of the said ministerial department pursuant to Article 27.3 of the Law 28/2006, of July 18.

(d) Approve the regular activity report and how many extraordinary management reports it deems necessary, assessing the results obtained and recording the deficiencies observed, which will be forwarded to the State Agency Evaluation of Public Policies and Quality of Services.

e) Approve the annual accounts and, where appropriate, the distribution of the result of the financial year, in accordance with budgetary legislation.

f) Control the management of the Director and the requirement for the Director to be responsible.

g) Approve the proposal of the annual offer of employment of the Spanish Agency for Health Protection in Sport for their integration, where appropriate, in the offer of State public employment as well as the criteria for the selection of employment and the employment relationship of the Agency, on a proposal from the Director and all within the framework established by the management contract.

h) Name and separate the Director, on a proposal from the President.

i) Appoint and cease managerial staff, on a proposal from the Director.

(j) Dictate the rules of operation of the Governing Council itself as not provided for in this Statute, in accordance with Law 30/1992 of 26 November.

k) Name and cease the Secretary of the Council.

(l) Other than any other attribute of this Statute or any other applicable law.

Article 12. Rules of operation of the Governing Council.

The regime applicable to the Governing Council shall be in accordance with the provisions of the Law on State Agencies and this Statute, and shall supplement the provisions of Law No 30/1992 of 26 November.

Section 2. Executive Organ

Article 13. The Director of the Spanish Agency for Health Protection in Sport.

1. The Director of the Spanish Agency for Health Protection in Sport will be appointed and separated by the Rector Council on a proposal from the President among career officials of Subgroup A1, with proven experience in public management, in the sports field or in the areas of competence of the Spanish Agency for Health Protection in Sport.

2. The Director is responsible for the management and management of the Spanish Agency for the Protection of Health in Sport, exercising the powers inherent in that direction, as well as those expressly attributed to it in Law 28/2006, July 18; in the present Statute; in Organic Law 3/2013 of 20 June, and its implementing rules and those delegated to it by the Governing Council and the President. In particular, it corresponds to the Director:

a) Ostend the legal representation of the Agency.

(b) Agree to the budgetary changes, in the terms and with the limits set out in Article 27 of Law 28/2006, of 18 July.

(c) Agreed to the application of the non-affected cash balances to finance increased expenditure in accordance with the limits set out in Article 27 of Law 28/2006 of 18 July.

d) Manage appropriations for expenditure on the Agency's budgets.

e) To conclude all types of contracts, conventions or legal businesses on behalf of the Agency in its field of competence, in accordance with the applicable regulations and with the provisions of this Statute.

(f) Propose to the Governing Council the approval and modification of the Agency's employment relations within the framework set out in the management contract.

g) Play the top leadership of all Agency staff.

(h) Propose to the Governing Council the development of the Agency's organisational structure, within the framework of action set out in the management contract.

i) Propose to the Governing Council the appointment and cessation of management staff, as well as the determination of their performance incentives.

j) Approve and commit expenditure, recognise economic obligations, carry out the relevant bookkeeping, as well as the accountability of the Agency.

k) Resolve disciplinary files, in compliance with the provisions of Article 37.1 of Organic Law 3/2013 of 20 June.

l) Order specific controls, outside of the planning, whether inside or outside the competition, and the night controls for athletes subject to the Organic Law 3/2013, of June 20.

3. In accordance with Article 2 of Law 28/2006 of 18 July, the decisions of the Director put an end to the administrative procedure, except in the case of decisions of disciplinary procedures in the field of doping, as these may be brought before the Court of Justice. Administrative Sport.

4. The Director shall be considered to be a senior member for the purposes of the provisions of Law 3/2015 of 30 March 2015 on the exercise of the high office of the General Administration of the State, both for the purposes of the General Administration and for those other applicable in relation to such consideration.

5. The Director may delegate to the bodies of the dependents those functions which he considers necessary and which may be delegated to him.

Section 3. Administrative Structure

Article 14. The organic structure.

1. The administrative structure of the Agency shall be composed of the following Departments: Scientific Education and Research; Sport and Health; Doping Control and a General Secretariat.

2. The General Secretariat shall have the following functions:

(a) The management and administrative management of human, economic, financial, computer, logistical and material resources.

(b) The training of the Agency's staff, in collaboration with the Directors of the other Departments, in order to provide the necessary support to the Agency's bodies and units for the fulfilment of its object and functions.

(c) The Office for Economic and Administrative Management, for Legal and Third-Party Effects.

(d) The body responsible for establishing the management accounting system to enable compliance with the commitments made in the management contract, as well as the determination of the criteria for compliance with the objectives.

e) Management and administration of the Agency's assets.

(f) The management of the shunt cases of patrimonial liability for the normal or abnormal functioning of the public services entrusted to the Agency.

g) the implementation of the inspection programmes for the services and the assessment of the operation of the Agency's administrative units, without prejudice to the powers conferred on the Inspectorate by the rules in force; General of Services of the Ministry of Education.

h) The execution of functions related to the quality of organizational management and quality management systems.

i) Other than the Director of the Agency entrusted to you.

3. The Department of Education and Scientific Research will have the following functions:

a) The collection, study, treatment and dissemination of knowledge and documentation of the subjects of education and scientific research.

b) Relations with institutions or educational institutions and researchers, national and international.

c) The management of public programs, or developed in collaboration with private entities, in education, research, development and innovation.

d) The development of reports and advice to bodies and institutions on scientific and technical matters in matters of competence of the Agency.

e) The development of training and dissemination actions deemed necessary in the field of education and scientific research.

(f) Cooperation with national or international bodies and entities in education, training and scientific research activities in the field of the Agency's competences.

g) Other than the Agency Director entrusts to you.

4. The Department of Sport and Health will have the following functions:

a) The promotion of the protection of the health of the athletes through the elaboration of the Plan of Support to the health in the field of the sport activity, in collaboration with the rest of the Departments of the Agency.

b) The performance of the activities necessary for the expedition of the athlete's health card.

c) The implementation and development of measures of a specific nature in the planning of health protection referred to in Article 43 of the Organic Law 3/2013, of 20 June, in coordination with the communities Self-employed persons when this is due.

d) In collaboration with the Department of Education and Scientific Research, the implementation of content proposals for the training programmes of sports technicians and other health related degrees in the Sport.

e) The coordination of the activity of the Sports Medicine Center.

f) The implementation and development of the minimum specific measures and health follow-ups referred to in Articles 46 and 51 of the Organic Law 3/2013 of 20 June.

g) The determination of a system of monitoring, recognition and protection of health for high level athletes, and professional athletes, as well as the specificities of such athletes when the sports activity.

h) Other than the Director of the Agency entrusted to you.

5. The Dope Control Department will be responsible for:

(a) The management of the group of athletes who are part of the Individual Plan or testing pool and of the location and notification obligations to the athletes who are members of it.

b) The planning and execution of doping controls, both national and mandated by other national or international bodies.

c) The collection and management of the transport of biological samples to approved laboratories.

d) Managing lab analysis results.

e) The review of the additional analytical assumptions requested by the Doping Control Laboratories, in coordination with the Department of Sport and Health.

f) The registration and custody of copies of the Therapeutic Use Authorizations that are issued in accordance with the current regulations, as well as the corresponding complementary documents.

g) The registration of the corresponding books of clubs, organizations, groups and sports associations where the medical and sanitary treatments that have been prescribed to their athletes are recorded.

(h) The study, assessment and report of the complaints made and news received in the field of health prevention and the fight against doping in the field of organized sport or with sports license and sports practice any order.

i) The performance of all actions are accurate in order to fulfill the research and investigation functions that they develop in the field of suspicious behavior in the field of doping in sport.

(j) Advice to the Director on the selection of athletes to carry out specific doping controls outside of the planning, either inside or outside the competition.

k) The advice and collaboration with the State Security Forces and Bodies, with the judicial police and with the other public authorities in the field of investigations related to doping in sport, and at the request of such public powers, with judges and courts.

l) Collaboration with the health authorities, in particular the Spanish Agency for Medicines and Health Products and the Spanish Agency for Consumption, Food Safety and Nutrition, in the development and implementation of prevention and detection activities of suspected doping behaviour in sport activities.

(m) Cooperation with international bodies and entities with powers in the field of doping, in particular the Anti-Doping Agencies of other countries, in the investigation of suspicious conduct in the field of doping.

n) The establishment and development of a specific programme to combat misleading advertising in products liable to cause doping in sport, including electronic commerce control programmes these products.

n) The planning, coordination and direction of specific prevention and anti-doping devices on the occasion of the celebration of national and international sporting events considered to be of interest develop in Spain.

o) The development of training actions considered appropriate in the field of intelligence and research in the field of the prevention and fight against doping in sport.

p) Other than what the Agency Director entrusts to you.

Article 15. The Laboratory of Doping Control.

1. The Laboratory for the Control of Doping is organically attached to the Management of the Agency and acts with functional independence in order to ensure full confidence in its competence, impartiality, judgment or operational integrity, in accordance with as provided for in Section 4.1.5.d of Standard ISO/IEC 17025, which lays down the general requirements for the competence of test and calibration laboratories.

2. The Doping Control Laboratory will be responsible for the following actions:

(a) The performance of the analytical and complementary doping control procedures, the purpose of which is to check the presence of any banned substance, or any of its metabolites or any of its markers, or of the use of a non-regulatory method, where appropriate, in a sample drawn for that purpose, as laid down in the Organic Law 3/2013 of 20 June 2013 and its implementing provisions. It will govern all its actions under the regulations established in the International Standards of Laboratories approved by the World Anti-Doping Agency and the rules of procedure that will be approved in the development of Law 3/2013, of 20 of June.

(b) The compilation of doping control statistics, both from national and international samples, or from other private-sector entities that may be able to entrust them with analytical procedures for the control of doping, with full compliance with data protection regulations.

(c) Other than those determined for the doping control laboratories approved by the World Anti-Doping Agency.

Section 4. Control Commission

Article 16. Composition and working arrangements of the Control Board.

1. The Control Board shall be composed of a minimum of three and a maximum of five members of the Governing Board appointed by the Board, including training and knowledge in management, budgeting and control tasks in the state public sector, which will elect a president among them. The holders of single-person bodies of the Agency may not be part of the Supervisory Board. The Financial Controller at the Agency may attend the meetings, with a voice but no vote.

2. The Control Board shall meet at least once every six months, resulting in the same provisions as for the bodies in Chapter II of Title II of Law No 30/1992 of 26 November.

Article 17. Functions of the Control Board.

These are the functions of the Control Commission:

a) Report to the Governing Council on the performance of the management contract.

(b) Report to the Governing Council on the implementation of the Agency's budget and, for this purpose, should receive from the Agency's address monthly reports on the state of budgetary implementation.

c) To collect information on the control systems and internal procedures established to ensure compliance with legal provisions and other applicable rules; to know and report to the Governing Council on all reports on the control of economic and financial management issued by the bodies referred to in Article 29 of this Statute and propose strategies to correct the weaknesses identified therein.

(d) to determine, at the request of the Governing Council and at the intervals which it establishes, the economic and financial information to be sent to it, without prejudice to that other information to be submitted for consideration or approval; in accordance with the rules in force.

e) To know the economic and budgetary information that the State Agency, because of its membership of the State public sector, must prepare and submit to the competent bodies to fulfill the obligations contained in the current regulations, ensuring compliance with these obligations.

Section 5. Other Orgs

Article 18. The Interterritorial Commission for Health Protection in Sport.

1. In accordance with the provisions of Article 7 (4) of the Organic Law 3/2013 of 20 June, the Interterritorial Commission for Health Protection in Sport shall be the body for the participation, coordination and monitoring of the Spanish Agency. Health Protection in Sport in which the competent bodies and bodies in the field of sport and health of the Autonomous Communities will be represented.

2. The Interterritorial Commission for Health Protection in Sport shall be chaired by the Director of the Spanish Agency for Health Protection in Sport and composed of:

a) 17 Vowels appointed by the President, on the proposal of the competent authorities for sport and health in each of the Autonomous Communities.

b) Up to a maximum of four Vocals appointed by the President, one of whom will act as Secretary. These vowels will be named among people with experience in the fields of medicine applied to sports practice, the management of sports activity, school education in sports and/or research and education in general in the field of sports health.

3. The assistance to the meetings of the Commission by the members of the Commission shall not be paid.

4. The Commission shall meet at least annually.

CHAPTER IV

Transparent management by objectives

Article 19. Principles of management of the Spanish Agency for Health Protection in Sport.

The Spanish Agency for Health Protection in Sport will adjust its actions to the principles of transparency in the management, achievement of objectives and responsibility for results having as permanent objective the improvement in the quality of the activity carried out and the public service provided in the task of protecting the health and achieving a clean sport through the fight against doping.

Article 20. Management Contract.

1. The Spanish Agency for Health Protection in Sport shall draw up its management contract with the content and within the time limits provided for in Articles 13 and 14 of Law 28/2006 of 18 July, for approval by joint order of the Ministries of Education, Culture and Sport and Finance and Public Administrations. Its approval shall take place within a maximum of three months from its submission. In the case of not being approved within this period, the previous management contract shall remain in force.

The proposal for the management contract will take into account the results achieved in the annual plans and the previous multi-annual action plan. Before 30 June of the last year of the term of the management contract, the Governing Council will approve the initial proposal of the new contract, and the General Budget of the State may provide a conditional allocation to the effective formalization. of the same.

2. The management contract of the Spanish Agency for Health Protection in Sport will be in effect for four years.

3. The Governing Council of the Agency, through its President, shall inform the Ministries of Education, Culture and Sport, and of Finance and Public Administrations of the implementation and fulfilment of the objectives set out in the contract management, with the periodicity to be determined in the ministerial order approving it.

Article 21. Annual plan of action, activity report and annual accounts.

1. The Director of the Spanish Agency for Health Protection in Sport shall draw up and propose to the approval of the Governing Council the annual plan of action, the general activity report and the annual accounts, within the time limits laid down in the Article 15 of Law 28/2006 of 18 July.

2. The documentation referred to in the previous paragraph shall be available on the website and at the headquarters of the Spanish Agency for Health Protection in Sport.

CHAPTER V

Hiring and Heritage Regime

Article 22. Recruitment.

The regime of the Spanish Agency for Health Protection in Sport will be the one planned for the Public Administrations in the Recast Text of the Law of Public Sector Contracts, approved by the Royal Decree Legislative 3/2011 of 14 November.

Article 23. Own instrumental and technical service.

1. For the purposes of Article 24.6 of the Recast Text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, the Spanish Agency for the Protection of Health in Sport has the consideration of own resources and technical service of the General Administration of the State and the public bodies and entities linked to or dependent on it and having the consideration of a contracting authority for the matters constituting its The aim of the project is to manage the management of the project. For the purposes of article 24.6 of the Recast Text of the Law on Public Sector Contracts, the entities in respect of which this condition has this condition are specified in the General Administration of the State and its Public Bodies, and of the contracting authorities dependent on them, and the Agency may not participate in public tenders convened by these contracting authorities, without prejudice to the fact that, where no tenderer is present, the Agency may be responsible for the implementation of the provision of these services.

2. The Spanish Agency for the Protection of Health in Sport is obliged to carry out the work entrusted to it by the General Administration of the State and the public bodies and entities linked to or dependent on it and having the consideration of the contracting authority. This obligation refers to the orders that are made to him as a means of his own instrumental and technical service, in the matters that constitute his statutory functions. The Agency's relations with its own medium and technical service are both instrumental and non-contractual in nature, so that, for all purposes, they are internal, dependent and subordinate.

The mandatory actions to be entrusted to the Spanish Agency for Health Protection in Sport will be defined, depending on the cases, in projects, memories or other technical documents and valued in their respective budget, in accordance with the fees or remuneration laid down by the holder of the Ministry of Education, Culture and Sport.

Before formulating the order, the competent bodies will approve these documents and carry out the necessary technical, legal, budgetary and control procedures and approval of the expenditure. The order for each mandatory action shall be formally communicated by the General Administration of the State or the public bodies and entities linked to or dependent on it and which have the consideration of a contracting authority, stating, in addition to the background, the name of the same, the time limit for the completion, the amount, the corresponding budget item and, where appropriate, the annuities in which it is financed with their respective amounts, as well as the director designated for the performance to be performed. You will also be provided with the document setting out this action, with your detailed budget.

The communication commissioning a performance to the Spanish Agency for Health Protection in Sport will be the order to start it. The Agency shall carry out its actions in accordance with the definition document provided by the authorising officer and following the directions of the Director-designate for each action.

The action shall be completed, recognition and verification shall be carried out in the legally established terms, the corresponding document being extended and the settlement proceeding within the following six months.

The amount to be paid for the works, services, studies, projects and other actions carried out by the Spanish Agency for Health Protection in Sport will be determined by applying to the units executed the rates that have The Ministry of Education, Culture and Sport has set it up.

Rates must cover the value of the services in charge, taking into account for their calculation the actual costs of performance.

The Spanish Agency for the Protection of Health in Sport may require in its mandatory actions the collaboration of private entrepreneurs in the terms provided for in the regulations of public sector contracting without the amount of such collaboration may be equal to or greater than 50% of the total amount of the project, supply or service entrusted.

Article 24. Estate regime.

1. The Spanish Agency for the Protection of Health in Sport counts, for the fulfilment of its purposes, with its own patrimony, different from that of the General Administration of the State, integrated by the set of goods and rights of which it is a holder.

2. The management and administration of his assets and rights as well as those of the State Heritage that are assigned to him for the fulfilment of his purposes shall be exercised subject to the provisions laid down for public bodies in Law 33/2003, of 3 of November, on the Heritage of Public Administrations.

3. The Agency shall form and maintain an inventory of goods and rights, both own and attached, with the exception of those of a fungible nature, in the form laid down in Law 33/2003 of 3 November. The inventory shall be given as a yearly reference to the Rector Council on 31 December.

CHAPTER VI

Staff Regime

Article 25. Staff of the Agency.

1. The staff belonging to the Spanish Agency for Health Protection in Sport will be official or work.

2. The official staff is governed by Law 7/2007, of April 12, of the Basic Staff Regulations, and the remaining regulatory regulations of public servants at the service of the General Administration of the State.

3. The work force is governed, in addition to the labor legislation and other conventionally applicable rules, by the precepts of Law 7/2007, of April 12, of the Basic Staff Regulations, which expressly so provide.

4. The posts of the Agency shall be provided by the official staff of the General Administration of State, in accordance with the rules of public service of that State. Exceptionally, they may be provided by the career civil servants of other general government, which shall be determined in the employment relationship and always in accordance with the provisions of the Management Contract.

5. The selection of temporary work staff carrying out tasks in the field of scientific and technological research competences attributed to the Agency shall be carried out in accordance with the third paragraph of this Article, and as to the forecasts contained in Law 14/2011 of 1 June of Science, Technology and Innovation, under the condition of the Agency for the Financing and Implementation of the Spanish System of Science, Technology and Innovation.

Article 26. Management of jobs.

1. The employment relationship of the Agency shall determine the nature, content and performance characteristics and the remuneration of each of the positions of the Agency, in accordance with the provisions of Article 74 of Law 7/2007 of 12 July 2007. April.

On a general basis, the posts will be filled by official staff. In any event, the posts involving direct or indirect participation in the exercise of public powers or in the safeguard of the general interests which correspond exclusively to the public officials.

However, those positions that may be performed by the labor personnel, as laid down in Article 15 of Law 30/1984 of 2 August, of measures for the reform of the Civil Service, must be stated. expressly in relation to the employment of the Agency.

2. The employment relationship shall be drawn up by the Director of the Agency and approved by the Governing Council, within the framework of action which, in the field of human resources, is established in the management contract and its content shall be adjusted to the principles laid down in the rules referred to in the previous paragraph.

Article 27. Managerial staff.

1. In the light of the special responsibility, technical competence and relevance of the tasks assigned, they shall be considered as managerial staff: the Secretary-General, the owners of the departments and the Director of the Laboratory of Control of the Doping. The posts of Secretary General and the Head of the Department of Sport and Health will be filled by career officials from Subgroup A1. The posts of Head of the Doping Control Department, Head of the Department of Education and Scientific Research and the post of the Director of the Laboratory for the Control of Doping, shall be employed by means of high management contracts, in accordance with the provisions of Article 23 of Law 28/2006 of 18 July.

2. Management staff are appointed and terminated by the Governing Council on a proposal from the Director in the framework established in the management contract. Its designation shall be based on principles of merit and capacity, professional competence and experience through procedures to ensure advertising and competition among university graduates.

3. The management staff of the Spanish Agency for Health Protection in Sport will carry out their duties with absolute dedication, full independence and total objectivity, submitting, in the development of their tasks, to evaluation according to the criteria for effectiveness, efficiency, compliance with legality, responsibility for the management and control of results in relation to the objectives to be set out in the management contract.

Article 28. Remuneration scheme.

1. The remuneration concepts of the official staff of the Spanish Agency for Health Protection in Sport are those established in the public function regulations of the General Administration of the State and their amounts will be determined in the Law of General budgets of the State and the relationship of jobs.

2. In addition, the remuneration of the labour force is determined in the collective agreement of application and in the respective employment contract and its amounts shall be fixed in accordance with the provisions of the preceding paragraph and the set in the management contract.

3. The amount of the wage bill for the productivity supplement, or equivalent concept of the labour force, shall be linked to the degree of compliance with the objectives set out in the management contract, by means of the procedure determine, without in any event the amount of the mass determined according to what the management contract is available to be exceeded. It is for the Ministry of Finance and Public Administrations to authorise the annual approval of the amounts of productivity or equivalent concept of the labour force, calculated on the basis of the procedure laid down in that contract. management.

4. In the framework of human resources policy and in accordance with the systems of representation and participation of the staff of the Spanish Agency for Health Protection in Sport, a system of evaluation of performance will be established. the objective instrument for the assessment of the performance of the job and the allocation of the productivity supplement referred to in the previous paragraph, without in any case the amount of the mass authorised by the Ministry of Finance and general government within the framework of the calculation procedure laid down in the contract management. The assessment system must enable the collective returns of the units to be assessed, as well as an individual assessment of each job.

5. The productivity to be perceived by the management staff of the Agency will depend on the results achieved and will be calculated according to the procedure that the Management Contract has previously established, which must provide for the corresponding indicators to the effect. On a proposal from the Director, the Governing Board of the Agency may lay down the criteria for the allocation of this productivity among senior management staff. All this within the framework of the management contract, and with the limitations set out in Royal Decree 451/2012 of 5 March 2012, which regulates the remuneration of the top managers and managers in the business and public sector. other entities, and the Order of 26 April 2012, of the Ministry of Finance and Public Administrations, approving the classification of State Agencies in accordance with Royal Decree 451/2012 of 5 March 2012. In any event, the collection of the corresponding amounts must be previously authorized by the Ministry of Finance and Public Administrations.

CHAPTER VII

Economic, budgetary, accounting and control regime

Article 29. Economic resources.

1. The economic resources of the Spanish Agency for Health Protection in Sport will be integrated by:

(a) Transfers entered in the General Budget of the State.

(b) own revenue which it receives as a consideration for carrying out checks, both as regards the collection and transport of the samples and for the analysis of the samples, or other activities, by virtue of contracts, agreements or legal provisions, for other public or private entities, or natural persons.

(c) The disposal of movable property and securities constituting its assets.

d) Performance from your assets and values.

e) Voluntary contributions, donations, inheritances and legacies and other contributions free of charge from private and private entities.

(f) Revenue received from natural or legal persons as a result of sponsorship of activities or facilities.

g) The product of the fines referred to in Article 29.3 of Organic Law 3/2013 of 20 June.

h) Other public or private law income that you are entitled to receive.

i) Any other resource that may be attributed to you.

2. The resources provided for in points (b), (e) and (f) of the previous paragraph and are not initially included in the budget of the Agency may be used to finance higher expenditure by agreement of its Director.

3. The resources provided for in point (g) of the previous paragraph constitute an income of public law that is affected to the fulfillment of the research purposes and will allow to generate in the budget of the Spanish Agency of Health Protection in the Sport the credits necessary for the development of such activity, whose material performance will be carried out in accordance with the provisions of the Organic Law 3/2013, of 20 June.

4. To the extent that it has the capacity to generate sufficient own resources, the Agency may be financed by obtaining loans granted from the appropriations provided for in Chapter VIII of the General Budget of the State, awarded in accordance with public competition procedures for research projects in the field of health protection and doping. This funding will be in line with the limitation established by each exercise of the State General Budget Law.

Article 30. Budget.

1. The Governing Council shall draw up and approve annually the preliminary draft budget of the Agency, in accordance with the provisions of the management contract and the structure of the Ministry of Finance and Public Administrations, and shall forward it to the Ministry of Education, Culture and Sport for incorporation into the preliminary draft general budget of the State and its subsequent approval by the Council of Ministers and referral to the General Cortes, consolidating with that of the other entities which make up the state public sector.

2. The budgetary regime of the Spanish Agency for Health Protection in Sport will be set out in Chapter V of Law 28/2006 of July 18. The budget of the Spanish Agency for Health Protection in Sport shall be balanced and shall be limited by its overall amount and its specification shall be determined by the organic, by programme and economic grouping, but the latter in the form of an estimate for the distribution of the appropriations in categories, within each programme, with the exception of the staff costs which will in any event be limited and binding in terms of their total amount, and of the grants nominative and representative attentions, which shall be of a limited nature and binding whatever the level of the economic classification is established, without prejudice to the necessary breakdowns for the proper accounting of its implementation.

3. The implementation of the budget of the Agency shall be the responsibility of its Director, who shall forward a statement of budgetary implementation to the Monitoring Committee on a monthly basis.

4. The Directorate-General for Budgets of the Ministry of Finance and Public Administrations of the budgetary changes to be adopted by the Director of the Spanish Agency for the Protection of Health in Sport will be taken into account. of the powers conferred on him by Article 11 of this Statute.

Article 31. Accounting.

1. The Spanish Agency for Health Protection in Sport shall apply the public accounting principles provided for in Article 122 of Law 47/2003 of 26 November, General Budget, as well as the development of principles and standards established in the General Plan of Public Accounting, for which it will have an economic and financial information system that aims to show, through states and reports, the image of the patrimony, of the situation financial, results and implementation of the budget and provide information on the costs for its activity that is sufficient for correct and efficient decision-making.

The Agency shall also have a management accounting system to enable compliance with the commitments made in the management contract to be followed.

2. The General Intervention of the State Administration shall establish the functional requirements and, where appropriate, the IT procedures to be observed by the Agency in order to comply with the provisions of the previous paragraph.

3. The annual accounts of the Agency are made by the Director within three months of the end of the financial year. Once audited by the General Intervention of the State Administration, they are submitted to the Rector Council for approval within the first half of the year following the year to which they relate. Also, once approved by the Rector Board, the Director shall pay the annual accounts to the Court of Auditors, through the General Intervention of the State Administration within the period provided for in Article 139 of Law 47/2003, of 26 of November.

Article 32. Control of economic and financial management.

1. The external control of the Agency's economic and financial management corresponds to the Court of Auditors, in accordance with its specific rules.

2. The internal control of the economic and financial management of the Agency corresponds to the General Intervention of the State Administration, and will be carried out under the modalities of permanent financial control and public audit, under the conditions and in the terms laid down in Law 47/2003 of 26 November. The permanent financial control shall be carried out by the Intervention delegated to the Agency under the dependence of the General Intervention of the State Administration.

3. Without prejudice to the control set out in the previous numbers, the Agency shall be subject to effective control, which shall be exercised primarily, through the monitoring of the management contract, by the Ministry of Education, Culture and Sport. This control is intended to check the degree of compliance with the objectives and the proper use of the resources allocated.