Real Decree 461/2015, Of 5 June, Which Approves The Statute Of The Agency Spanish Protection Of Health In The Sport.

Original Language Title: Real Decreto 461/2015, de 5 de junio, por el que se aprueba el Estatuto de la Agencia Española de Protección de la Salud en el Deporte.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-6835

Organic law 3/2013, of 20 June, health protection in sport and anti-doping in sport, is the result of the high international commitment by Spain in the fight against doping, which happens to be configured from a comprehensive perspective as one element within the system of protection of the health of athletes and that affects fair play in sport and its own size Ethics of the same.

By this standard, the Spanish Agency of protection of health is created in that sport on the basis of a regime of independence, it becomes the fundamental reference point in the fight against doping, becoming the public body through which are State policies for the protection of health in the sport and including and in particular, anti-doping and Sport Science research.

Therefore, the creation of the Spanish Agency of protection of health in sport involves the establishment of a system based on the administrative action only, as opposed to the previous system in which individual skills which now brings together the new agency, were distributed between different entities.

In this way, and through the centralization of powers, is intended to help prevent possible malfunctions and to help the establishment of a series of criteria for the interpretation of the standard that are homogeneous and constant and that contribute to strengthen legal certainty in the fight against doping.

The Spanish protection of health agency in the sport is governed by the provisions of law 28/2006, of July 18, State agencies for the improvement of public services, determining the functions, organization and its procedures in its statutes.

By this Royal Decree is therefore the development of the structure of the Spanish Agency of protection of health in the sport that allows carry out effectively and efficiently powers under the organic law 3/2013, of 20 June.

The Agency Spanish protection of health in sport is attached to the Ministry of education, culture and sport through the Consejo Superior de Deportes and their functions, fully consistent with its object, are defined both the organic law 3/2013, of 20 June, the law 28/2006, of July 18, and are specified in article 7 of the Statute which is approved by the present Royal Decree.

With regard to its organic and administrative structure, this Royal Decree establishes the organizational structure of the Spanish Agency of protection of health in the sport which, in compliance with the legal provisions, will be the President and the Executive Council as organs of Government, the Director as executive body and units that are part of the administrative structure.

Is also ascribed to the Agency, the Inter-territorial Committee on health protection in the sport, organ which paragraph 5 of article 7 of the Organic Act, in providing that "in the event there are the anti-doping agencies in the area of the autonomous communities, will be at the heart of the Spanish protection of health agency in the sport a participation of the same organ for» information, discussion and cooperation with respect to the public policy of the State in the field of doping.

Continuing, with new competences that assumes the Agency, should be noted concerning the protection of the health of athletes, with the assumption by the new Spanish protection of health agency in the sport, functions and personal media and materials of the General sports and health of the Superior Council of sports, which happens to be integrated into the new structure.

On the other hand, the structure of its departments and the new tasks assigned to them is respond to the centralization of powers that previously were awarded to various entities, such as the planning and realization of controls, as well as the management of results and processing of the proceedings in those cases as appropriate.

Notably the strengthening of the regime of technical and functional independence of the laboratory of Control of doping which happens to be structured as a Department in the Spanish protection of health agency in the sport and therefore, with report directly to the Director of the Agency as the executive body of the same.

Finally the Statute, includes the regulation of management by objectives, material means and personnel management regime, as well as the economico-presupuestarios aspects according to what the law 28/2006, of July 18.

By virtue, at the initiative of the Minister of education, culture and sport, on the proposal of the Minister of finance and public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of June 5, 2015, have: single article. Adoption of the Statute of the Agency Spanish protection of health in the sport.

Approves the Statute of the Agency Spanish protection of health in the sport, whose text is then inserted.

First additional provision. Incorporation of personnel.

1. the Agency Spanish protection of health in the sport will be integrated staff appearing on the relationship of jobs of the General sports and health of the Higher Council for sports.

2. officials who spend part of the staff at the service of the Spanish Agency of protection of health in sport by jobs that correspond to functions assigned to it, will remain in a situation of active service around your body or scale of source, with all rights inherent to this situation.

3. the workforce that will become part of the staff at the service of the Spanish Agency of protection of health in the sport by jobs that correspond to functions assigned to it, will be integrated into the jobs of working staff of the agency relationship, with the same rights and obligations that were at the time of the integration.

4. the Subdirectorate-General for lower level units that exist in the structure of the State anti-doping agency, remain in the structure of the Agency Spanish protection of health in the sport.

Second additional provision. Effective establishment of the Governing Council.

The Constitution of the Council Rector of the Spanish protection of health agency in the sport will take place within a period of 60 days from the entry into force of this Royal Decree.

Third additional provision. Deletion of units.

The following units of the State anti-doping Agency shall be deleted: to) Department of research, development and innovation in health protection and doping.

(b) Department of prevention and Control of doping.

(c) Department of management.

d) management support unit.

Fourth additional provision. Not increasing spending.

The measures contained in this Royal Decree and in the statute that virtue is approved will take place without net increase of organic structures, equipment, or personnel expenses.

First transitional provision. Development of the management contract.

The Council Rector of the Spanish protection of health agency in sport shall approve and submit, for approval effective, competent departments, in the period of three months from its establishment, the first contract proposal of management referred to in article 14 of law 28/2006, of July 18.

Second transitional provision. Initial action plan.

Until approval of the management contract, the performance of the Agency, including the management of jobs and the approval of its budget, will be developed according to the approved memory, referred to in article 3 of law 28/2006, of July 18, which will contain the initial Plan of action.

Sole repeal provision. Repeal the Royal Decree 185/2008, of 8 February, which approves the Statute of the State anti-doping agency.

Repealed the Royal Decree 185/2008, of 8 February, which approves the Statute of the State anti-doping agency, as well as the rules of equal or lower rank who are opposed to the provisions of this Royal Decree or the statute that virtue is approved.

Sole final provision. Entry into force.

This Royal Decree shall enter into force the day following its publication in the "Official Gazette".

Given in Madrid, on June 5, 2015.

PHILIP R.

The Minister of finance and public administration, CRISTOBAL MONTORO ROMERO Statute of the Agency Spanish from protection of health in the sport chapter I provisions general article 1. Nature and object.

(1 Spanish Agency of health protection in sport is a public body under article 43.1. c) of law 6/1997, of 14 April, organization and functioning of the General Administration of the State, and regulated by law 28/2006, of July 18, of State agencies for the improvement of public services. The Agency has legal personality differential, heritage and own Treasury and management autonomy and functional, within the limits established by the Act 28/2006, of July 18.
2. the object of the Agency Spanish protection of health in sport is the development of State policies of protection of health in sport and, including and in particular, anti-doping and research in Sport Sciences, pursuant to the provisions of the organic law 3/2013, 20 June , for the protection of the health of the athlete and fight against doping in sport.

Article 2. Legal regime.

1. the Agency is governed by law 28/2006, of July 18, by the organic law 3/2013, of 20 June, and legislation developed by the Statute and, Additionally, by the rules applicable to entities of public law attached to the General Administration of the State. It will also be subject to the specific rules on doping control issued by the World Anti-Doping Agency, when applicable.

2. in the exercise of their public powers, it shall apply the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

Article 3. Administrative powers and relations with other administrations.

1.corresponde to the Spanish protection of health agency in the sport, within the powers attributed, having the exercise of administrative powers require for the fulfilment of its purposes and functions, in the terms established in this Statute and in accordance with applicable law.

2. the relations of the Agency Spanish protection of health in the sport with the organs of the General Administration of the State and the remaining public administrations which result in the performance of the duties provided for in article 5 of the present Statute, shall be exercised by the Director of the Agency, and may delegate its exercise to managerial staff.

Article 4. Secondment and headquarters.

1. Spanish Agency of health protection in the sport is attached to the Ministry of education, culture and sport through the Higher Council for sports.

They correspond to the Ministry strategic management, evaluation and control of results of activity of the Agency Spanish protection of health in the sport. Such functions shall be exercised by the monitoring and control of the management contract, for which purpose the Superior Sports Council will establish the necessary coordination procedures for the proper exercise of the competencies and responsibilities arising from the assignment in accordance with the provisions of paragraph 4 of article 43 of the law 6/1997, of 14 April Organization and functioning of the General Administration of the State.

2. the Spanish Agency for the protection of health in sport has its headquarters in Madrid.

Article 5. Provisions and administrative acts.

(Spanish Agency of health protection in sport 1. shall adopt internal rules necessary for the fulfilment of its object and to its operation, which may take the form of: a) resolutions of the Governing Council, which shall be signed by the President.

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

2. the acts and decisions of the organs of Government and the Director of the Agency put an end to the administrative procedure, without prejudice to the powers conferred on the Administrative Court for sport, according to the provisions of the organic law 3/2013, 20 June.

3. not those dictated by the Spanish Agency of protection of health shall be regarded as administrative acts in the sport in the framework of agreements signed with the international federations for the exercise of delegated powers, such as provided for in article 37.1 of the organic law 3/2013, 20 June.

Article 6. Legal assistance and intervention associate.

1.de pursuant to the fourth additional provision of law 28/2006, of July 18, the legal advice of the Agency will be played by the law of the State in the Ministry of education, culture and sport, that, depending on the needs of the Agency, signature is may agree agreement legal assistance under the terms of article 14 of the regulation of the State legal service approved by Royal Decree 997/2003, of 25 July, within the framework of the management contract.

2. the associate intervention of the Spanish Agency of protection of health in the sport will be functions that credited the law 28/2006, of July 18, as well as collecting the Law 47/2003, of 26 November, General budget.

Chapter II functions article 7. Functions of the Agency Spanish protection of health in the sport.

(1. make effective compliance with the provisions of paragraph 2 of article 1 of the present Statute, are functions of the Agency Spanish protection of health in the sport which expressly grants the organic law 3/2013, of 20 June, and the present Statute, corresponding in particular: to) define and develop State policies for the protection of health in sport in particular the fight against doping and Sport Science research.

(b) exercise disciplinary authority in the field of doping in sport activity carried out with State or regional sport license approved.

(c) to sign agreements with international federations or entities that perform a function equivalent to take punitive powers with respect to athletes officially qualified as international level or to participate in international competitions. You can also sign agreements with entities or sports organizations of private nature for the material realization of doping and the analytical results derived from these management controls.

(d) establish planning, empowerment of staff, conducting checks of doping, granting and registration of therapeutic authorizations and processing and resolution of the records resulting from these actions, in the field of subjective competencies and objective determined by organic law 3/2013, 20 June.

(e) cancel the results obtained within the framework of sports competitions as a result of the Commission of planned behavior in organic law 3/2013, of 20 June, and send report to the disciplinary bodies in team sports when any of the circumstances provided for in article 30 of the Organic Act.

(f) recognize ex officio or at the request of the athletes decisions rendered by other States anti-doping authorities or by the federations and competent international bodies, when they are in conformity with the World Anti-Doping Code and corresponding to the scope of powers of anti-doping organizations concerned.

(g) advise and collaborate with the forces and State security bodies, the judicial police and other public authorities with powers related to the scope of the Agency, and at the request of such authorities, judges and courts. In addition, request the collaboration of health authorities, in particular the Spanish Agency of medicines and health products and the Spanish Agency for food safety and nutrition.

(h) to issue reports on the concurrence of danger for the life or health of the sportsmen application or instance of the judicial authorities or the public prosecutor, in the terms provided for in article 33 of the organic law 3/2013, of 20 June, and standards of the criminal code and Criminal Procedure Act. Or in any of the cases provided for in other laws.

(i) judicial authorities request remission of cars free stay of proceedings or acquittal for the purposes of be accredited the facts it contains, as well as proceedings for instruction, or if tests taken, which are necessary for the continuation of the proceedings.

(j) to issue mandatory report in cases of reduction of the period of suspension of the license by collaboration of the athlete in the terms provided for in article 36 and concordant of the Organic Act 3/2013, 20 June.

(k) the plan of support to health in the field of sport, in the terms and with the planned scope in articles 41 to 51 of the organic law 3/2013, of 20 June, and issue the card of health of athletes.

(l) establish a specific programme for the fight against misleading advertising of products that could cause doping in the sport, as well as a program of control of the sale and marketing of these products over the internet or other means of electronic selling, in coordination with the competent bodies of the General State administration.

(m) create, together with the autonomous communities, a system of information on the protection of health and anti-doping in the terms provided for in article 63 of the organic law 3/2013, 20 June.

(n) promote, manage, direct and perform scientific research, valorization and transfer of knowledge activities associated with sports, the application of the sporting activity in the treatment and prevention of diseases and the fight against doping, in collaboration with the national health system, in the framework of State research plans; and in collaboration with the autonomous communities and with other agents or national or international research organisations in the framework of their respective powers.
n) grant aid and grants to scientific research and its follow-up, within the scope of the powers conferred on the Agency.

(o) establish agreements of collaboration with other government officials or private actors carrying out activities of scientific and technical research, national or foreign, or supranational level for the joint implementation of the following activities: projects and actions of scientific research, development and innovation; Financing of scientific and technical projects; Training of scientific and technical personnel; Disclosure scientific and technological; Sharing of properties, facilities and material resources for the development of scientific research, development and innovation activities in accordance with provisions of law 33/2003, 3 November, the heritage of the public administrations; other activities of character scientific, teaching and advice on matters within its competence.

(p) activities in education, training, awareness-raising, dissemination and publication on the commitment of all with a clean sport free of doping as well as the protection of the health of athletes. In particular, training, upgrading and specialization of personnel who have the consideration of doping control officers.

(q) representing the General State administration in meetings, forums and international institutions, directly related to the Agency and the functions assigned, as well as relate and collaborate with institutions of other States that have attributed object and functions similar to who has entrusted the Spanish Agency of protection of health in the sport.

(r) to issue mandatory report regarding how many regulatory drafts kept by the General Administration of the State affect the protection of the health of athletes and the fight against doping, as well as with respect to projects agreement or International Convention in the field of doping that have to be signed by Spain. You can also issue report respect for policy initiatives in the area of the autonomous communities, at the request of the same.

(s) any others that attribute you the organic law 3/2013, of 20th June, or other laws or international agreements signed by the Spanish State.

2. pursuant to the provisions of paragraph 6 of article 7 of the organic law 3/2013, of 20 June, for carrying out its functions the Agency Spanish protection of health in sport may formalize conventions or concerts with any public or private entities, in accordance with the legislation of the public administrations contracts.

Chapter III organization section 1 article 8 governing bodies. Organs of Government.

1.son governing bodies of the Agency Spanish protection of health in sport the President and the Executive Council.

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

Article 9. The President.

1. it shall be the Presidency of the Agency Spanish protection of health in the sport and its Governing Council to the President of the Superior Council of sports.

2 the following functions correspond to the President of the Agency Spanish protection of health in sport: to) demonstrate the institutional representation of the Spanish protection of health agency in the sport.

(b) preside over the Executive Council, as well as ensure the implementation of their agreements, boasting all the other skills that apply to you as President of the College in accordance with article 23 of the law 30/1992, of 26 November.

(c) to monitor the development of the activities of the Agency Spanish protection of health in the sport, watching over the fulfilment of this Statute.

(d) inform the ministries of education, culture and sport and finance and public administrations on the implementation and the fulfilment of the objectives set out in the management contract.

(e) hold, within the scope of their competence, and upon certiorari, contracts and conventions of particular institutional relevance.

3. the President may delegate those functions deemed appropriate and capable of delegation Director. Also, in the event of absence, vacancy or illness or other legal impediment, the Director will replace the President of the Spanish protection of health agency in the sport both in the functions of this office and in which they own as President of the Governing Council.

4. the President may request all of Collegiate and one-person bodies that are regulated in the present status reports and opinions that are necessary for the correct performance of the duties assigned.

Article 10. The Executive Council.

(1. governing body is the body of Government of the Spanish protection of health agency in the sport and will be composed of the President of the Agency, which will also be the Council, and by the following directors, who shall be appointed by the head of the Ministry of education, culture and sport: to) one representing each of the following ministries : Education, culture and sports, finance and public administration, health, social services and equality and of the Interior, all of them are proposed by their respective Ministers and will need to be at least rank of Assistant Director-General.

(b) one on behalf of the Spanish sports federations.

(c) a representative agreed on the proposal of the autonomous communities.

(d) the Director of the Agency Spanish protection of health in the sport).

2. the Secretary of the Executive Council will be appointed and ceased by this body of Government, on the proposal of the President of the Agency, and attend meetings with voice and no vote.

3. the President of the Agency may invite persons whose presence is deemed useful to the sessions of the Governing Council, according to his training, experience and responsibilities., such persons will be attending meetings with voice but without vote. Addition, the holder of the Ministry of education, culture and sport may attend and speak at the meetings of the Governing Council.

Article 11. Functions of the Executive Council.

Functions of the Executive Council are as follows: to) 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 of the pluriannual action plan, as well as the quantitative and qualitative criteria for assessing compliance and efficiency, within the framework of the management contract.

(c) approve the preliminary draft budget of the Agency and, where appropriate, of the contraction of multiannual obligations within the limits laid down in article 27.5 of law 28/2006, of July 18, and which are set out in the management contract. It also is up to propose to the Ministry of finance and public administration, at the initiative of the Director, the budget variations whose approval is up to the owner of this ministerial department in implementation of article 27.3(b) of law 28/2006, of July 18.

(d) approve the regular report of activity and how many extraordinary management deems necessary, assessing the results obtained and consigning the deficiencies observed, which will be sent to the State Agency of evaluation of public policies and the quality of services.

(e) approve the accounts annually and, where appropriate, the distribution of the profit for the period, according to the budget legislation.

(f) control the management of the Director and the demands to those of the responsibilities that come.

(g) approve the proposal of the annual job offer the Spanish Agency of protection of the health in sport to integrate, where appropriate, the State public employment offer as well as the criteria for selection of the workforce and the relationship of jobs from the Agency, a proposal from the Director and all of this within the framework established by the management contract.

(h) appoint and separate to the Director, on a proposal from the President.

(i) to appoint and dismiss managerial staff, on a proposal from the Director.

(j) to enact the rules of functioning of the own governing body in matters not provided for in this Statute, in accordance with the law 30/1992, of 26 November.

(k) to appoint and dismiss the Secretary of the Council.

(l) any others that attributed you this Statute or other applicable regulations.

Article 12. Rules of operation of the Executive Council.

The rules applicable to the governing body is set to provisions in the law of State agencies and of this Statute and supplementary provisions of the law 30/1992, of 26 November.



Section 2 Executive Body article 13. The Director of the Agency Spanish protection of health in the sport.

1. the Director of the Agency Spanish protection of health in the sport will be named and separated by the Governing Council on a proposal from the President among career of the A1 subgroup, with experience in public administration, in sport or in the competence areas of the Spanish protection of health agency in the sport.
2. the Director is responsible for the direction and day-to-day management of the Agency Spanish protection of health in sport, exercising the powers inherent to that address, as well as which expressly attributed to him in the law 28/2006, of July 18; in the present Statute; Organic law 3/2013, of 20 June, and its implementing rules and those delegated by the Governing Board and the President. In particular, corresponds to the Director: to) hold the legal representation of the Agency.

(b) agree on budget variations, under the terms and within the limits laid down in article 27 of law 28/2006, of July 18.

(c) according the application of non-affected cash balances to finance increased expenditure in accordance with the limits laid down in article 27 of law 28/2006 of 18 July.

(d) administer credits for expenses of agency budgets.

(e) hold all kinds of contracts, agreements or legal business on behalf of the Agency in their sphere of competence, in accordance with the applicable regulations and with the provisions of the present Statute.

(f) propose to the governing body the adoption and modification of the relationships of jobs from the Agency, within the framework set out in the management contract.

(g) perform superior Chief of staff of the Agency.

(h) propose to the Executive Council the development of the organizational structure of the Agency, within the framework set out in the management contract.

(i) to propose to the Executive Council the appointment and cessation of the managerial staff as well as the determination of its incentives to performance.

(j) approve and compromising costs, recognize the economic obligations, carry out the corresponding beltways, as well as the accountability of the Agency.

(k) to resolve disciplinary cases, in accordance with in article 37.1 of the organic law 3/2013, 20 June.

(l) order specific, out of planning controls, whether in or out of competition, and nightly checks athletes subject to the organic law 3/2013, 20 June.

3. in accordance with article 2 of the law 28/2006, of July 18, decisions of the Director put an end to the administrative procedure, except for decisions of the disciplinary procedures for doping, being these actionable before the Administrative Tribunal of sport.

4. the Director shall be considered of high office for the purposes of the law 3/2015, of 30 March, regulating the exercise of the high charge of the General Administration of the State, both for the purposes listed in it, like those others that are applicable in relation to that consideration.

5. the Director may delegate to the bodies it under those functions deemed necessary and may be susceptible to delegation.



Section 3 administrative structure article 14. The organizational structure.

1. the administrative structure of the Agency will be composed of the following departments: education and scientific research; Sport and health; Control of doping and a General Secretariat.

2 the General Secretary shall have the following functions: to) the management and management of human, economic, financial, computer, logistic and material resources.

b) the training of personnel of the Agency, in collaboration with the heads of the other departments, in order to provide the necessary support to the organs and units of the Agency for the fulfilment of its purpose and functions.

(c) the Office of economic and administrative, to the legal effects and third-party management.

(d) the body responsible for establishing the system of the management accounting enabling to make the fulfillment of the commitments made in the management contract, as well as the determination of the criteria for achievement of objectives.

(e) the management and administration of the assets of the Agency.

(f) the management of the records of derivation of liability by normal or abnormal functioning of public services entrusted to the Agency.

(g) the implementation of the programmes of inspection services and the evaluation of the functioning of the administrative units of the Agency, without prejudice to competences which legislation attributes to the General inspection of the services of the Ministry of allegiance.

(h) the execution of the functions relating to the quality of the organizational management and quality management systems.

(i) any others that you may be given to the Director of the Agency.

3 the Department of education and research shall have the following functions: to) the collection, study, treatment and dissemination of knowledge and documentation of materials for education and scientific research.

(b) relations with institutions or educational and researchers, national and international agencies.

(c) the management of the public, or programmes developed in cooperation with private entities, in the field of education, research, development and innovation.

(d) the preparation of reports and advice to agencies and institutions on scientific and technical issues in matters of competence of the Agency.

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

(f) cooperation with agencies and national or international entities in education, training and scientific research in the field of the competence of the Agency.

(g) any others that you may be given to the Director of the Agency.

4 the Department of sport and health shall have the following functions: to) the promotion of the protection of the health of athletes through the elaboration of the Plan of support to health in the field of sport, in collaboration with other departments of the Agency.

(b) the realization of the activities necessary for the issuance of the card of health of athletes.

(c) the implementation and the development of measures of specific character in the planning of the health protection referred to in article 43 of the organic law 3/2013, 20 June, in coordination with the autonomous communities as required.

(d) in collaboration with the Department of education and scientific research, the implementation of proposals of the contents of the training programs of technical sports and other degrees related to health in the sport.

(e) the coordination of the activity of the Center for sports medicine.

(f) the implementation and the development of the minimum specific measures and monitoring of health referred to in articles 46 and 51 of the organic law 3/2013, 20 June.

(g) the determination of a system of follow-up, recognition and protection of health athletes high-level and professional athletes, as well as the specificities of such athletes when complete sports activity.

(h) any others that you may be given to the Director of the Agency.

5 the Doping Control Department will be responsible of: to) the management of the Group of athletes who are part of the individualized Plan or testing pool and the location and notification obligations to members of the same athletes.

(b) the planning and implementation of doping controls, both national and entrusted by other national or international bodies.

(c) the collection and management of the transport of biological samples to certified laboratories.

(d) the management of the laboratory analysis results.

(e) the review of the assumptions of complementary analytical requested by the laboratories of Doping Control, in coordination with the Department of health and sport.

(f) the registration and custody of copies of authorisations for therapeutic use are issued according to the legislation, as well as corresponding complementary documentation.

(g) the registration of the corresponding books of clubs, organizations, groups and sports associations where are noted medical and health treatment that has been prescribed to their athletes.

(h) the study, assessment and formulated complaints and report news received regarding prevention of health and anti-doping in the area of the organized sport or sports-licensed and sports of any kind.

(i) the implementation of actions are called for in order to comply with the functions of investigation and inquiry which develop in the field of suspicious behavior in the field of doping in the sport.

(j) advising the Director in the selection of athletes who make doping outside planning-specific controls, whether inside or out of competition.

(k) the advice and collaboration with forces and State security bodies, the judicial police and other public authorities in the field of research related to doping in sport, and at the request of such authorities, judges and courts.

(l) the collaboration with health authorities, particularly from the Spanish Agency of medicines and health products and the Spanish Consumer Agency, food safety and nutrition, in the development and implementation of prevention and detection of suspicious behavior of doping in the sport.
(m) cooperation with agencies and international entities with competence in the field of doping, in particular the doping agencies of other countries, in the investigation of suspicious behavior for doping.

(n) the establishment and development of a specific programme of fight against misleading advertising on products capable of producing doping in the sport, including programs of control of the electronic trade in these products.

(n) the planning, coordination and management of specific devices for the prevention and fight against doping on the occasion of the celebration of considered national and international sports events of interest taking place in Spain.

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

(p) any others that you may be given to the Director of the Agency.

Article 15. The Doping Control Laboratory.

1. the Doping Control Laboratory is organically attached to the Agency's direction and acts with functional independence to ensure full confidence in its competence, impartiality, judgment or operational integrity, in accordance with the provisions of section 4.1.5. d of ISO/IEC 17025 standard, which sets the General requirements for the competence of testing and calibration laboratories.

2 the Doping Control Laboratory will be responsible for the following actions: to) the realization of complementary and analytical procedures of doping control, whose purpose is to check for the presence of any prohibited substance or its metabolites or any of your bookmarks, or the use of a non-regulation method, if detected in a sample extracted for this purpose as it is established in the organic law 3/2013, of 20 June, and its development provisions. All performances governed by the rules established in the international standards for laboratories approved by the World Anti-Doping Agency and the rules of procedure that are approved in development of law 3/2013, 20 June to the effect.

(b) the production of statistics of anti-doping, both national and international samples, or other private sector entities that might charge analytical procedures of doping control, with full respect to the rules on data protection.

(c) any others that are determined for the anti-doping laboratories approved by the World Anti-Doping Agency.



Section 4 Commission of control article 16. Composition and functioning of the supervisory system.

1. the Control Commission shall be composed of a minimum of three and a maximum of five members of the governing body designated by that authority, among those with training and knowledge in the areas of management, budgeting and control in the public sector tasks, which will elect a President among them. Holders of individual organs of the Agency may not form part of the Supervisory Board. The controller delegate agency may attend meetings, with voice but without vote.

2. the Control Commission shall meet at least once every six months, resulting from the application to the same provisions with respect to the organs members in chapter II of title II of law 30/1992, of 26 November.

Article 17. Functions of the Supervisory Board.

The functions of the Supervisory Board are: to) inform the governing body on the implementation of the management contract.

(b) inform the governing body on the implementation of the budget of the Agency, and, for that purpose, receive monthly reports on the status of budget implementation of the direction of the Agency.

(c) collect information about the internal procedures and control systems to ensure proper enforcement of legislation and other applicable standards; know and inform the governing body about all the economic and financial management control reports issued by the bodies to which referred to article 29 of this Statute and propose strategies to correct weaknesses make clear they.

(d) determine, at the request of the Governing Council and with the frequency that this establishes financial information that refer to the same, notwithstanding that one is subject to consideration or approval in accordance with the regulations in force.

(e) information economico-presupuestaria that the State Agency, the State public sector membership, should elaborate and send to the competent bodies to meet the obligations under the regulations, ensuring compliance with these obligations.



Section 5th other bodies article 18. The Inter-territorial Committee on health protection in the sport.

1. with according to the provisions of paragraph 4 of article 7 of the organic law 3/2013, of 20 June, the Inter-territorial Committee on health protection in the sport will be the participation, coordination and monitoring body the Spanish Agency of protection of the health in sport which will be represented bodies and agencies competent in sports and health of the autonomous communities.

2 the Inter-territorial Committee of health protection in the sport will be chaired by the Director of the Agency Spanish protection of health in sport and comprised: a) seventeen members appointed by the President, on the proposal of the competent directors in sport and health of each of the autonomous communities.

(b) up to a maximum of four members appointed by the President, one of whom shall act as Secretary. These vowels will be appointed among people with experience in the fields of medicine applied to sport, sport management, school training in sports matters and/or research and education in general in the field of sports health.

3 attendance at meetings of the Commission by party members who join it will be not paid.

4. the Committee will meet a minimum annually.

Chapter IV transparent management by objectives article 19. Principles of management of the Agency Spanish protection of health in the sport.

Agency Spanish protection of health in the sport will adjust his performances to the principles of transparency in management, achievement of objectives and responsibility for results aiming permanent improvement in the quality of the activity and the public service given in the task of protection of the health and achievement of a clean sport through the fight against doping.

Article 20. Management contract.

1. Spanish Agency of health protection in the sport will develop its management contract with the content and within the time limits provided for in articles 13 and 14 of law 28/2006, of July 18, for approval in order jointly to the ministries of education, culture and sport and finance and public administration. Approval will take place within a maximum period of three months from its presentation. In the case not be approved at this time, will keep in force the previous management contract.

The management contract proposal will take into account the results obtained in the previous multiannual action plan and annual plans. Before 30 June of the last year of validity of the contract of management, the Governing Council shall adopt the initial proposal of the new contract, being able of the State budget foresee a provision conditional on the effective formalization of the same.

2. the management contract of the Spanish protection of health agency in the sport will have a term of four years.

3. the Executive Council of the Agency, through its President, shall inform the ministries of education, culture and sport, and finance and public administrations on the implementation and compliance with the goals envisaged in the management contract, with the frequency specified in the ministerial order approving of this.

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

1. the Director of the Agency Spanish protection of health in the sport should develop and propose to the Executive Council for approval the annual action plan, the general activity report and the annual accounts, within the time limits laid down in article 15 of the law 28/2006, of July 18.

2. the documentation referred to in the preceding paragraph will be available on the website and own based in the Spanish protection of health agency in the sport.

Chapter V regime of contracting and heritage article 22. Recruitment.

The procurement regime of the Agency Spanish protection of health in the sport will be provided for the public administrations in the text revised of the law of contracts from the Public Sector, approved by Royal Legislative Decree 3/2011, from 14 November.

Article 23. Half own instrumental and technical service.
1. for the purposes of the provisions of article 24.6 of the text revised of the law of contracts from the Public Sector, approved by Royal Legislative Decree 3/2011, of 14 November, the Spanish protection of health agency in the sport has consideration of own means and technical services of the General Administration of the State and the agencies and public entities linked to or dependent on her and having consideration of contracting authority for materials which constitute its purposes, and may assume parcels of management for its realization. For the purposes of the designated article 24.6 of the text revised of the law of contracts from the Public Sector, entities which have this condition are specified in the General Administration of the State and its public agencies, and powers contracting dependent on them, and the Agency can participate in public tenders convened by these contracting authorities, without prejudice to When not if any tenderer, can handle them the execution of the delivery object of the same.

2. the Spanish Agency for the protection of health in sport is required to perform jobs that are entrusted by the General Administration of the State and the agencies and public entities linked to or dependent on her and having consideration of contracting authority. This obligation refers to orders formulated as half own instrumental and technical service, on matters which constitute statutory duties. The relations of the Agency in its own environment and service status have instrumental nature and not contractual, so, for all purposes, are domestic, dependent and subordinate nature.

Mandatory actions that are responsible to the Spanish protection of health agency in the sport will be defined, depending on the case, projects, reports or other documents technical and valued in their corresponding budget, in accordance with the rates or fees set by the owner of the Ministry of education, culture and sport.

Before making the order, the competent organs will approve these documents and will be mandatory procedures, legal, budgetary and technical control and expenditure approval. The custom of each mandatory action, communicate formally by the General Administration of the State or agencies and public entities linked to or dependent on her and having consideration of contracting authority, stating, in addition to the background that will come, the denomination of the same, the realization, its amount, the corresponding budget heading and, if annuities that are financed with their respective amounts as well as director appointed for the action to perform. The document defining such action, with its detailed budget also will be provided.

Communication requesting action to the Spanish protection of health agency in the sport will result in order to get started. The Agency will carry out its actions in accordance with the document's definition of originator organ provided and following the instructions of the appointed director for each performance.

After the performance, will be its recognition and verification at the legally established terms, extending the relevant document and proceeding to its liquidation within the period of six months following.

The amount to pay for the work, services, studies, projects and other actions carried out by the Spanish Agency of protection of health in sport shall be determined by applying the rates which have been set by the Ministry of education, culture and sport to executed units.

The rates should cover the value of the services responsible, taking into account for its calculation the actual costs of realization.

Agency Spanish protection of health in sport may require the collaboration of private entrepreneurs in the terms laid down in the rules of engagement in the public sector unless the amount of such collaboration can be equal or superior to 50 per cent of the total cost of the project, supply or service entrusted in compulsory performances.

Article 24. Patrimonial regime.

1. Spanish Agency of health protection in the sport has, for the fulfilment of its purposes, with a heritage itself, distinct from the of the General Administration of the State, composed of all property and rights which owns.

2. the management and administration of their property and rights as well as those of the State heritage is signatory to it for the fulfilment of its purposes will be exercised subject to the provisions for public bodies in the law 33/2003, 3 November, of the heritage of the public administrations.

3. the Agency will form and will keep updated an inventory of goods and rights, both own and affiliated, with the exception of expendable character, in the way established in law 33/2003 of November 3. This inventory will be much annually with reference to 31 December the Governing Council.

Chapter VI regime of staff article 25. The Agency's staff.

1. the personal belonging to the Spanish protection of health agency in the sport will be official or labor.

2. the personal officer is governed by the law 7/2007, of 12 April, the Basic Statute of the public employee, and remaining rules governing public servants in the service of the General Administration of the State.

3. the workforce is governed, in addition to labour legislation and other rules conventionally, by the precepts of the law 7/2007, of 12 April, of the Basic Statute of the public employee, which expressly so provide.

4 the Agency posts will be provided by the staff officer of the General State administration, compliance with the public service of the. Jobs for the personal officer career from other public administrations, which should determine the relationship of jobs and always in accordance with the management contract may exceptionally, provide.

5. the selection of the temporary workforce that performs tasks in the field of scientific and technological research competencies attributed to the Agency will be held according to the established in the third of this article section, and subject to the provisions contained in Act 14/2011, from June 1, the science, technology and innovation , under the condition that holds the Agency's financing and execution of the Spanish system of science, technology and innovation agent.

Article 26. Management of jobs.

1. the jobs in the agency relationship will determine the nature, content and features of performance and remuneration of each of the jobs of the same, in accordance with the provisions of article 74 of the law 7/2007, of 12 April.

In General, the posts will be filled by staff officer. In any case, should be occupied by such staff jobs that involve direct or indirect participation in the exercise of public powers or the safeguarding of general interests that correspond exclusively to public servants.

However, those jobs that may be carried out by the workforce, in accordance with the provisions in article 15 of the law 30/1984 of 2 August, of measures for the reform of the civil service, shall expressly state in the jobs of the agency relationship.

2. the relationship of jobs will be prepared by the Director of the Agency and adopted by the governing body, within the framework for action which, in the field of human resources is established in the management contract and its content shall conform to the principles laid down in the regulations referred to in the preceding paragraph.

Article 27. Managerial staff.

1. in response to the special responsibility, technical competence and relevance of the assigned tasks, shall be regarded as managers: the Secretary General, the holders of the departments and the Director of the Doping Control Laboratory. The posts of Secretary General and head of the Department of health and sport will be filled by career of the A1 subgroup. The posts of head of Department of Control of doping, a Chief of the Department of education and scientific research and the post of the Director of the Doping Control Laboratory, will be occupied in working arrangements through contracts for senior management, in accordance with the provisions of article 23 of the law 28/2006, of July 18.

2. the managerial staff is appointed and ceased by the Governing Council on a proposal from the Director within the framework established in the management contract. Your designation will serve at the beginning of merit and ability, professional competence and experience through procedure which ensures publicity and concurrence, among university graduates.

3. the managers of the Agency Spanish protection of health in sport play his position with absolute dedication, full independence and total objectivity, undergoes, in the development of their tasks, evaluation in accordance with the criteria of effectiveness, efficiency and compliance with the law, responsibility for the management and control of results in relation to the objectives established in the management contract.

Article 28. Remuneration regime.
1. the retributive concepts of personal agency Spanish protection of health in sport official, are those set out in the regulations of the General Administration of the State civil service and their amounts are determined in the law on the State budget and the relationship of jobs.

2. Likewise, the workforce remuneration conditions are those determined in the collective agreement's application and the respective employment contract and their amounts shall be fixed in accordance with the provisions in the preceding paragraph and in the context set in the management contract.

3. the amount of the wage to the complement of productivity, or equivalent concept of the workforce, will be linked to the degree of compliance with the objectives set out in the management contract, the procedure to be determined, unless in any case it can exceed the amount of the given mass according to what provided the management contract. The annual authorization of the amounts of productivity or equivalent concept of the labor staff, calculated on the basis of the procedure provided for in the mentioned management contract corresponds to the Ministry of finance and public administration.

4. within the framework of the policy of human resources and in accordance with the systems of representation and participation of the staff of the Agency Spanish protection of health in the sport, will be established a system of performance evaluation which serve objective instrument for the assessment of the performance of the place of work and the allocation of the complement of productivity referred to in the preceding paragraph without that under no circumstances may exceed the amount of the mass authorized by the Ministry of finance and public administration within the framework of the procedure of calculation set out in the management contract. Evaluation system shall allow to assess the collective returns of units, as well as an individual appraisal of each job.

5. the productivity to perceive by the managerial staff of the Agency will depend on the results achieved and they will be calculated according to the procedure previously established the management contract, which shall be indicators corresponding to the effect. A proposal from the Director, the Council President of the Agency may establish criteria for distribution of this productivity among managers. All this within the framework of the management contract, and with the limitations indicated in Royal Decree 451/2012, of 5 March, which regulates regime retribution of the most responsible and managers in the public sector business and other entities, and the order of 26 April 2012, the Ministry of finance and public administration which approves the classification of State agencies in accordance with the Royal Decree 451/2012, of March 5. In any case, the perception of the amounts must be previously authorised by the Ministry of finance and public administration.

Chapter VII economic, budgetary, accounting and regime of control article 29. Economic resources.

(1. the financial resources of the Agency Spanish protection of health in the sport will be integrated by: to) transfers in the General State budget.

(b) the income received as consideration for carrying out checks, in what refers to the collection and transport of samples and the analysis of them, or other activities under contracts, agreements or legal provisions, to other public or private entities, or individuals.

(c) the disposal of movable property and values that constitute its heritage.

(d) the performance from their property and values.

(e) voluntary contributions, donations, inheritances and legacies and other free paid by private entities and individuals.

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

(g) the product of the fines referred to in article 29.3 of the organic law 3/2013, 20 June.

(h) other income of public or private law, which will authorize you to perceive.

(i) any other resource that could be attributed.

2 resources provided for in the letters b), e) and f) of the preceding paragraph and not initially contemplated in the budget of the Agency may be used to finance higher spending by agreement of their Director.

(3. the resources provided in the letter g) of the previous paragraph constitute an income of public law affecting the fulfilment of the purposes of research and will help generate the necessary funds for the development of this activity, whose material preparation will take place in accordance with the provisions of organic law 3/2013 in the budget of the Agency Spanish protection of health in sport , 20 June.

4. to the extent that have capacity to generate sufficient resources, the Agency may finance by obtaining loans with appropriations provided for in Chapter VIII of the General State budget, allocated in accordance with procedures of public premises, to research projects in the field of protection of the health and doping. This funding is set to limitation established each year the General State budget Act.

Article 30. Budget.

1. the Executive Council shall prepare and annually approve the preliminary draft budget of the Agency pursuant to the contract management and with the structure indicated by the Ministry of finance and public administration, and forward it to the Ministry of education, culture and sport for incorporation into the draft of the State budget and subsequent adoption by the Council of Ministers, and referral to the Cortes Generales consolidating with the remaining entities that make up the public sector.

2. the budgetary regime of the Agency Spanish protection of health in the sport will be laid down in chapter V of the law 28/2006, of July 18. The budget of the Agency Spanish protection of health in sport must be balanced and will not limited by its total and its specification will be determined by the organic program and economic grouping although this last estimate purposes for the distribution of appropriations into categories, within each program, with the exception of staff costs which in any case will have limited and binding character for the total amount , and nominative subsidies and care protocol and representative, which will have limited character and any binding that is the level of the economic classification to the established, without prejudice to the necessary breakdowns for the purposes of the proper accounting of its execution.

3. the implementation of the budget of the Agency corresponds to its Director, which sent monthly to the supervisory board a State of budget implementation.

4. you will notice to the General Directorate of budgets of the Ministry of finance and public administration of the budget variations that are taken by the Director of the Agency Spanish protection of health in the sport on the basis of the powers attributed to it by article 11 of the present Statute.

Article 31. Accounting.

1. the Agency Spanish protection of health in sport should be applied public accounting principles laid down in article 122 of the Law 47/2003, of 26 November, General budget, as well as the development of the principles and rules laid down in the General Plan of public accounting, which will have a system of financial and budgetary information that aims to show through States and reports, the image of heritage, financial situation, results and of the implementation of the budget and costs information for activity that is sufficient for a correct and efficient decision making.

The Agency also will have a system of management accounting enabling to follow the fulfilment of the commitments made in the management contract.

2 General Administration of the State intervention will establish requirements, functional, and where appropriate, computer procedures to be observed by the Agency to comply with the provisions of the preceding paragraph.

3. the annual accounts of the Agency are formulated by the Director within the period of three months from the close of the fiscal year. Once audited by the General intervention of the administration of the State, they are subject to the Executive Council for approval during the first half of the year to which they refer. In addition, once approved by the governing body, the Director will pay the annual accounts to the Court of Auditors, through the General intervention of the administration of the State in the period provided for in article 139 of the Law 47/2003, of 26 November.

Article 32. Control of economic and financial management.

1. external control of the financial management of the Agency corresponds to the Court of Auditors, in accordance with their specific regulations.
2. the internal control of the financial management of the Agency corresponds to the General intervention of the administration of the State, and will be held under the modalities of permanent financial control and public audit, under the conditions and in the terms established in the Law 47/2003, of 26 November. Permanent financial control will be held by intervention delegate at the Agency under the authority of the General intervention of the administration of the State.

3. without prejudice to the control established in the previous issues, the Agency shall be subject to an effectiveness check that will be exercised mainly through the monitoring of the management contract, by the Ministry of education, culture and sport. This control aims to verify the degree of compliance with the objectives and the appropriate use of the resources allocated.