EXPLANATORY STATEMENT

I

Sport has traditionally been considered an appropriate means to acquire values of personal and social development; desire for improvement, integration, respect for the person, tolerance, compliance with rules, perseverance, team work, overcoming limits, self-discipline, responsibility, cooperation, honesty, loyalty, etc. All of them are desirable qualities for all and can be achieved through sport and the guidance that teachers, coaches and family give to them, always with the support of all the agents involved in it, so that these values are develop and endure in the person and help you complete physical, intellectual and social development and add to better integration into the society in which we live.

While sports activity moved exclusively in the amateur arena, far from the application of business criteria in its management, these values took precedence and the sport remained oblivious to the economic reality and the principles and rules governing the rules. However, two recent phenomena have marked the transition to what could be called "modern sport": professionalisation and marketing. The process of professionalisation in sport refers to both people and structures, and is associated with the passing of sportsmen and women from one amateur state to another professional, but also to the rationalisation of the operational functioning of the organisations dedicated to the promotion and development of sport. The marketing process is more recent and is associated with the transmission of sports events through different means of communication, which has been translated into interesting opportunities for generating income for the sports organizations through the sale of television rights, image licenses and other commercial activities resulting from the media exposure of sports teams, players and stars.

The confluence of both factors has not been homogeneous and some disciplines have experienced it before others or with greater depth; in any case, this circumstance has profoundly transformed the sport from a double perspective. On the one hand, sports disciplines are approaching a new conception of sport as an industry, making it an extraordinary engine of economic growth. On the other hand, in Western societies sport has now become a social phenomenon whose importance has transcended the strictly sporting sphere.

II

The accelerated and growing consumption of sporting events through social media, in a dimension that vastly exceeds national markets to globalize, has completely transformed the Classic configuration of the most professionalized official sports competitions, whose current sustainability depends on the balance between the correct management of the economic resources that attract in its mass diffusion and its capacity to maintain as an attractive, competitive and socially relevant product. In this new scheme, the economic impact resulting from the marketing of audiovisual rights in professional sports competitions is undoubtedly the unique factor which, with greater intensity, conditions the possibilities of development. of these competitions and, at the same time, the one that best reflects the imbalances of that duality between the economic and the sports that characterizes them.

In Spain, as in other countries of our environment, it is in the competition of male professional football where in greater measure these trends converge in which the purely sports factors are combined with the own of a The economic sector is booming and with the intangible and cultural elements that are associated with the practice of football. And in the empirical report of this complex and not always peaceful process of the last decades, the influence of the economic income derived from the exploitation of the audiovisual rights has been especially critical and decisive for both to consolidate the Spanish professional football competition as one of the highest quality recognized in the world, as a way to enhance and develop the audiovisual market, especially the pay-TV services. As in the rest of the countries with similar competitions, football has used television as a fundamental means of obtaining resources and income, but at the same time the expansion of television and other media and channels of dissemination, in particular pay-TV, have depended and depend to a large extent on their ability to schedule professional football matches.

The model for the marketing of audiovisual rights in professional football competitions in Spain is based on the autonomy of the will of the intervening agents, who enjoy full autonomy to order their trade relations. In this context, the individual sales by the teams participating in the competitions have been chosen, thus recognizing the ownership of the right to the retransmission of each meeting of the competition to the local club, although it must count with the consent of the visiting club. In view of the progressive implementation of the joint sales models in all European countries with relevant professional football competitions, the individualised sales model has demanded that the equipment and audiovisual operators should be to reach multiple agreements for the dissemination of the parties, not always compatible with the rules of the market, unequal in terms of the negotiating capacity of the parties and subjected to permanent judicial conflict, without in practice there has been participation by the organising bodies of the respective competitions.

The unstable and fragmented operation of this model for the sale of audiovisual rights has resulted in a structural weakness of the system which explains that the collection of this sale is significantly lower than that which It would correspond to the Spanish competition for importance, dimension and international impact, and that the income imbalance between the teams that receive the most and least receive is also the largest of the leagues in our environment. This weakness in the marketing of rights and the consequent lack of an efficient market in the distribution of rights also appears to have had an impact on the limited development of the new broadcasting channels, in particular that of the pay-TV, which in other countries in our environment has expanded by taking advantage of conditions in the sale of the most transparent and stable audiovisual rights in time and requirements for exploitation.

III

The content of this provision revolves on three fundamental axes. On the one hand, although the ownership of the audiovisual rights to broadcast live and/or deferred, in its entirety or in summarized and/or fragmented versions of the meetings of the professional football competitions is attributed to the clubs or participating entities, establishes the obligation to assign the faculties of their joint marketing to the organizing entities, that is, to the National League of Professional Football in the case of the National League of First and Second League Division, and the Spanish Football Federation regarding the Copa de S.M. the King and the Spanish Super Cup. These entities are obliged to market the rights transferred by means of award and exploitation systems which respect the principles of equality and freedom of enterprise and within the general framework of national and Community rules in competition matters. For these purposes, the Royal Decree-Law establishes certain criteria in relation to the procedure for the marketing and award of the rights and recognizes the National Commission of the Markets and the Competition a leading role determining in the supervision of these procedures for the joint procurement of audiovisual rights.

The second axis on which the article of the royal decree is based is the establishment of the system for the distribution of the income obtained by the joint marketing, in which corrective criteria are introduced which limit the differences between the participating entities that higher and lower income will receive in each season. These criteria allow the distribution of income between the First and Second Division of Football and weight the equitable distribution within each category according to the sports results obtained and the social implementation of each entity participant, as measured by the collection of credits and the average box office and the relative contribution in the generation of resources for the marketing of television broadcasts.

Third, once the revenue earned from the marketing has been distributed, each participating entity must assume the mandatory contributions that are established for the Compensation Fund of the sports entities that, contesting the competition of the professional football, fall of category; for the policies of promotion of the professional competition and the amateur football that they develop respectively the National League of Professional Football and the Royal Federation Spanish Football; and for the policies of the Superior Council of Sports in support of the First Division of Women's Soccer, Second Division B of the men's National Championship and associations of footballers, referees, coaches and physical preparers.

In this sense, it must be remembered that the sports system, the tax system of the autonomy with which international organizations gave birth to the way we now know, and which safeguard in a jealous way, is a complex ecosystem. The existence of measures of internal solidarity, complementary to the generals of society, is also a distinctive common element of this world of sport. It is given in all the organisations through various institutions (training rights, compensation to the lower categories, etc.). It is reasonable that the greatest source of income for the most highly professionalized sport with ample difference will also serve to fund the base of that pyramid of which is the cusp. Thus, the general interest is also involved in allocating items of this income to amateur football, women's football, whose development is much lower for historical reasons that do not stop counting among them with discrimination that they demand their own. compensation, to the non-professional categories of football which are not a few times their templates and from which 20 per 100 of the teams of the Second Professional Division, or to other sports and other forms of sport, have been established each year; and sports that enrich the image of our country and offer our citizens their delivery and their victories, and that they very generalizedly end their sports careers without having been able to start their career as a trading partner.

Finally, the real decree-law also includes some organizational measures and a transitional regime that must ensure a progressive and stable implementation of its contents, and is supplemented by the partial modification of some other laws closely linked to the practice of professional football. Thus, a procedure is established to guarantee the non-exclusive exploitation of the rights for the national market of the matches of the National League of First Division for pay television, taking into account the nature of the This is essential for this market, as well as for the related market for electronic communications services, which are being marketed in a regular manner in a packaged manner. Also, the Law 7/2010 of 31 March, General of the Audiovisual Communication is amended to adjust the time of the sports summaries that can be included in the general information spaces to the last jurisprudential criteria of the Court of Justice of the European Union. It also amends Law 10/1990 of 15 October of the Sport in order to strengthen the systems of economic and financial control of the Sports Anonymous Societies, as well as to avoid the use of these for purposes that could affect the financial balance of the competition and of the entities involved in the competition.

IV

In principle, the existence of inefficiencies in a market for goods and services is a strictly private matter, the solution of which is for the agents operating in the market. Any public intervention should be exceptional and should be justified for reasons of general interest.

In the case of the market for audiovisual rights in professional football competitions, three are the reasons that legitimize the urgent intervention of the government: on the one hand, the undisputed social relevance of the sport Secondly, the repeated and unanimous demand for such intervention from all the sectors concerned and, finally, the need to promote competition in the pay-TV market by acting on one of its assets. essential.

The social relevance of professional sport in Spain and, in particular, football, is an evidence that is reflected in the statistical and opinion studies. In fact, football is the sporting discipline that has a higher number of federated sportsmen (855,987 in 2013, which represents 25.2 per 100 of the total federal licenses), which participate in official competitions through 21,584 sports clubs.

But the interest in football goes beyond its practice, as revealed by the Barometer of the CIS of June 2014, which indicates that a 48 per 100 of the population is interested in football, even if it does not practice it. Interestingly, when asked about the status of supporter with professional football teams, this percentage rises to 67.4 per 100.

This very high interest of the society for professional football conditions the consumption habits of the population. In fact the supporters of the professional football teams confess that they see, whenever they can, their matches on television (74.9 per 100), even through pay-TV services (15,5 per 100), who attend live meetings (32 by 100) and acquire personal use products marketed under the brand name of your team (30.1 per 100).

These opinion data are endorsed by the indicators of football stadiums and television audience that collects the National Professional Football League in its annual Memories. Thus, in the 2013/14 season, more than 13 million people attended the stadiums to witness the first and second division of football, and the television audiences exceeded 210 million viewers.

contribution of professional football to economic activity and its direct and indirect impact on the generation of wealth and employment, affecting varied sectors such as tourism related sectors, is also not negligible. advertising and sponsorship, the marketing of communication technologies, all of them important in our country.

The second reason that justifies the government's regulatory intervention is the difficulty of the operators to adopt, by means of self-regulation, an efficient model of management of their audiovisual rights. The individual sales model, which has been in force since 1997/1998, has been subject to a permanent review by the courts and the Spanish competition authorities in the light of the different and complex relationships established. between the multiple agents involved in the market for television broadcasts of football. These tensions have been raised both among the bidding clubs and among the operators of the audiovisual rights.

It is appropriate to recall the endemic crisis that has historically plagued professional football. The successive "reorganisation plans" which have been faced for decades have not prevented the regular liquidation of historic equipment, the transfer of a high percentage of professional equipment, the accumulation of debts higher than the Four billion euros among the 42 teams of professional football at the end of the 2011/2012 season. Professional football is facing a profound cultural change against that historical trend without the exception of continuous losses in the income statement. Through the economic and financial control measures promoted by the Superior Council of Sports, the last two exercises have been able to significantly reduce that debt, defying this inertia. But it would not be reasonable to undertake this effort without having the best tool, extended in all professional sports competitions in the world, such as the centralized sale of television rights.

The enormous tension accumulated over the last decade has prevented the parties from reaching an agreement on the joint marketing of audiovisual rights and the sharing of these revenues, as happened in other competitions. professional in Europe (English Premier League and German Bundesliga) and would have been desirable. In this context, the only consensus that has been reached is summarized in the communiqué of the Board of the Spanish Football Federation of April 7, 2015, which agreed to " Ratify the unity of Spanish football, manifested in the Today's meeting, for all the members representatives of both professional and amateur football, with the unconditional support of the RFEF and the LFP, for the enactment, with urgent character, of a Royal Decree Law that regulates the marketing unified audiovisual rights and its solidarity sharing with all Spanish football. "

That is, the difficulties of the sector to self-regulate have led the actors to demand the urgent action of the government, which only agrees to intervene in attention to the social dimension and relevance of professional football. in Spain, facilitating the overcoming of the greatest obstacle that this economic activity and that occupies an important place between the interests of many citizens can develop normally, as in the rest of the countries of our environment.

The extraordinary and urgent need for intervention derives from the contractual situation of the participating clubs and entities in relation to the marketing of their audiovisual rights. Although, as a result of individual marketing, the assumptions are diverse, most of the clubs and entities participating in the National League Championship have already signed contracts for the individual marketing of their rights. until 2015/16, and should conclude the negotiations for the new sales period in 2015. Some individual contracts end in force in the 2014/15 season and the relevant clubs are in a position to negotiate and sign new contracts, which could be extended until the 2017/18 season. On the other hand, exploitation rights on international markets are only marketed for the 2014/15 season.

Consequently, at this time, the exploitation of the audiovisual rights of the current season (2014/15) is possible in the national and international markets, but from the season 2015/16 there is a situation of uncertainty, which would only be guaranteed by the pooling of all individual rights. Particularly committed is the marketing of rights in international markets, which will be practically unfeasible in the present circumstances, as it is impossible to offer a joint package to foreign operators. interested. The closeness of the following season causes that product to continually devalue, and be replaced by competing alternatives from our Football League. No formula other than the centralised sale allows marketing outside Spain, otherwise it is almost impossible for a single economic agent to offer to the operators of the various countries the product "Spanish League". The inability of the sector to promote this marketing requires urgent action that will allow the market to go out and not continue to lose opportunities.

In these circumstances, there is an opportunity to implement with full guarantees the system of centralised marketing of audiovisual rights from the 2016/17 season, in compliance with contractual commitments. in force. In order to achieve this objective, it is essential that the new contracts being negotiated by sports entities that have not yet marketed them in the 2015/2016 season have a single season.

Since these new contracts are currently being negotiated and should be subscribed in good time with regard to the start of the next season (September 2015), the need arises for the approval of the legal standard enabling the implementation of the joint exploitation and marketing model and which will definitely provide security for all operators and agents potentially involved.

Finally, it should be noted that the audiovisual rights of professional football competitions constitute a strategic asset of the first order for companies operating in the market for audiovisual media pay television and, consequently, the submission of its marketing to a legal system guaranteeing access to its exploitation under free competition will make it possible to establish a solid basis for the development of the market in pay TV in Spain.

In its virtue, in use of the authorization contained in article 86 of the Spanish Constitution, on the proposal of the Minister of Education, Culture and Sport, after deliberation of the Council of Ministers at its meeting of April 30 2015,

DISPONGO:

Article 1. Object and scope of application.

1. The object of this royal decree is to establish the rules for the marketing of the rights of exploitation of audiovisual content of football competitions corresponding to the National League of First and Second Division, The Copa de S.M. the King and the Spanish Super Cup, as well as the criteria for the distribution of income earned among the organizers and participants in the same.

Such audiovisual content includes events that develop on the pitch, including the areas of the sports area visible from the same, from the two minutes before the scheduled start time of the sporting event until the minute following its conclusion, and include the rights for its broadcast both live and deferred, in its entirety and in summary or fragmented versions, intended for exploitation on the domestic market and in international markets.

The provisions of this paragraph are without prejudice to the issuance of brief information summaries referred to in Article 19.3 of Law 7/2010 of 31 March, General of Audiovisual Communication.

2. The rights of exploitation of content for broadcasting through radio audiovisual communication services are excluded from the scope of this law.

Article 2. The ownership of audiovisual rights.

1. The ownership of the audiovisual rights included in the scope of this law corresponds to the participating clubs or entities in the corresponding competition.

2. Participation in an official professional football competition shall necessarily involve the assignment by the holders of the right to the joint marketing authority of the audiovisual rights included in the field of professional football. application of this royal decree-law.

For the purposes of this royal decree-law, and without prejudice to the competences recognized in the general sports legislation, they shall have the consideration of an organizing entity:

a) The National League of Professional Football, regarding the National League of First and Second Division.

b) The Royal Spanish Football Federation, regarding the Copa de S.M. el Rey and the Spanish Super Cup.

3. Without prejudice to the powers of the trading entities, the club or entity in whose facilities a sporting event of the competitions referred to in Article 1 is contested shall reserve the holding of the following: rights:

a) The deferred emission of the meeting from the end of the sports day, provided that it does so directly through a channel of own distribution dedicated thematically to the sporting activity of the club or participant entity.

(b) The live broadcast, within the facilities in which the sporting event takes place, of the television audiovisual signal corresponding to that event.

4. Audiovisual rights not included in the scope of this royal decree-law may be exploited and marketed individually by participating clubs or entities, directly or through third parties.

Article 3. Duty of collaboration in the production and transport of audiovisual content.

The participating clubs or entities in whose facilities sporting events are held, as referred to in this royal decree, shall be required to cooperate fully with the entity or entities in charge of the production and the transport of audiovisual content for the proper development of its functions, without in any case being able to claim consideration or compensation for any ordinary expenditure arising from the use of the sports venue or their facilities for such functions.

In any case, the production and transport of the audiovisual content must be carried out in such a way as not to affect the development of the sporting event itself, nor the exploitation by the participating club or entity. of the rights referred to in Article 2 (3), or any other commercial activity which takes place in the sports venue or in its premises.

Article 4. Conditions for the joint marketing of audiovisual rights.

1. The system for the marketing and exploitation of audiovisual rights shall be governed by the principle of freedom of enterprise within the framework of the assessment system established by European and Spanish competition law.

2. The placing on the market of audiovisual rights on national and European Union markets may be carried out under exclusive or non-exclusive exploitation, including those for non-exclusive marketing on equal terms. conditions for all operators concerned, in accordance with the provisions of this Article.

3. The trading entities shall establish and publish the general conditions governing the marketing of the rights of exploitation of audiovisual content which are the subject of centralised marketing, including the configuration of offers for exploitation on the national and European Union markets, their groups in lots and the requirements for their award and exploitation, which must in any case respect the limits and principles laid down in this royal decree.

Without prejudice to the provisions of Law No 3/2013 of 4 June, and the other competition rules, prior to the approval of these conditions, the marketing entities will request the National Commission of the Markets and Competition the preparation of a report on the aforementioned conditions for the marketing of rights. That report shall be drawn up within one month of the request.

4. For the purposes of determining the centralised marketing conditions referred to in the preceding paragraph, the following criteria shall be taken into account:

(a) The marketing conditions shall specify the extent of the lots of rights to be placed on the market, stating in particular the contents contained in each lot, the geographical scope for their exploitation, intended for their open or coded emission and for which they shall be the subject of exclusive or non-exclusive exploitation.

(b) The marketing of the rights corresponding to events of general interest to the company, referred to in Article 20 and the transitional provision sixth of Law 7/2010, of 31 December 2010, must be guaranteed. March.

(c) The date and time of each of the events placed on the market must be specified in the terms of the offer or the conditions to be determined for the successful tenderers.

(d) The award of rights must be carried out by means of a public, transparent, competitive and non-discriminatory procedure for tenderers, based on objective criteria which must, in particular, be included in the economic profitability of the offer, the sporting interest of the competition, and the growth and future value of the audiovisual rights that the successful tenderer can bring.

e) The award of each batch or package will be performed independently. The award conditions laid down by the trading entities and the tenders submitted by the tenderers may not be subject to the acquisition of certain packages or lots or to the concurrency of certain events.

(f) The duration of the marketing contracts may not exceed three years.

g) A single person or entity may not be a holder or directly or indirectly acquire exclusive rights of exploitation in the domestic market of contents corresponding to more than two packages or lots, either in the process at a later date by the acquisition or transfer of rights acquired by third parties, unless there are no tenderers or acquirers or other economically equivalent tenders in any lot or package.

h) Trading entities shall market the rights they manage in good time to ensure that their exploitation is carried out in an appropriate manner.

5. The conditions for the marketing of audiovisual rights on international markets shall be made public and shall be subject to the prior report of the National Commission on Markets and Competition in accordance with the terms of the second subparagraph. of paragraph 3 of this Article. The trading entity shall provide up-to-date information on existing marketing contracts through the website.

6. If one of the successful tenderers does not exploit the audiovisual rights, the trading entities may terminate the contract and award it to another tenderer, without prejudice to the agreed stipulations.

7. Audiovisual rights falling within the scope of this royal decree which are not subject to joint marketing may be exploited and marketed individually by the participating clubs or entities, either directly or directly. through third parties.

Article 5. Income sharing criteria among participants in the National League Championship.

1. The proceeds from the joint exploitation and marketing of the audiovisual rights of the National League Championship will be distributed among the clubs and entities participating in the First and Second Division according to the criteria established in this article.

2. 90 per 100 of the proceeds will be allocated to the participating clubs and entities in the First Division of the National League Championship and the remaining 10 per 100 to the clubs and entities of the Second Division.

3. The National Professional Football League shall distribute the quantities corresponding to each category according to the criteria to be agreed, respecting in any case the following rules and limits:

a) A percentage will be distributed among the participants of each category to equal parts. The amount to hand out will be 50 per 100 in the First Division and at least 70 per 100 in the Second Division.

(b) The amount remaining after the item referred to in point (a) shall be distributed among the clubs and entities in each category in a variable manner. Each half of this amount will be divided according to each of the following criteria:

1. The sports results obtained. The first division will take into consideration the sports results of the last five seasons, with the last one being weighted in the last one 35 per 100, in the penultimate one 20 per 100 and one 15 per 100 each of the previous three. In the Second Division, only the last season will be considered.

For the application of these criteria, the amount to be distributed shall be allocated to each of the seasons considered, in accordance with the weighting criteria set out in the preceding paragraph. The amount allocated to each season shall be distributed among the participants as follows:

-1. ranked: 17 per 100.

-2. ranked: 15 per 100.

-3. ranked: 13 per 100.

-4. ranked: 11 per 100.

-5. ranked: 9 per 100.

-6. ranked: 7 per 100.

-7. ranked: 5 per 100.

-8. ranked: 3.5 per 100.

-9. ranked: 3 per 100.

-10. ranked: 2 ' 75 per 100.

-11. ranked: 2 ' 5 per 100.

-12. ranked: 2 ' 25 per 100.

-13. ranked: 2 per 100.

-14. ranked: 1'75 per 100.

-15. ranked: 1'5 per 100.

-16. ranked: 1'25 per 100.

-17. ranked: 1 per 100.

-18. ranked: 0 ' 75 per 100.

-19. ranked: 0 ' 5 per 100.

-20. ranked: 0 ' 25 per 100.

In the event that the competition has more or less than 20 participants, these percentages must be adjusted in accordance with the following paragraph, respecting the progressiveness according to the results.

2. The social implementation. A third of the assessment of this criterion will be determined by the collection in fertilizers and the average box office of the last five seasons, and the other two thirds for their participation in the generation of resources for the marketing of the television broadcasts.

For the application of the social implementation criteria, a proportional distribution system shall be established, without any entity being able to receive a quantity greater than 20 per 100 of this item. If a participant exceeds this limit, the excess will be apportioned proportionally among the remaining.

None of the participants will be able to receive for this concept a quantity less than 2 per 100 of this item.

4. The criteria to be applied for the distribution provided for in the preceding paragraph must be approved by the governing bodies of each category, by a qualified majority of two-thirds of the votes, following the subscription of each of the The marketing of rights by the National League of Professional Football. If at the meeting called for the effect no proposal would get that majority after three votes, the criteria of the previous period will be maintained. If they do not exist, the supporting criteria will be decided by the Superior Sports Council.

5. In both categories, once the allocation of the corresponding quantities has been carried out in accordance with the criteria set out in this Article, the difference between the clubs and entities which more and less enters may not exceed 4.5 times. If this is the case, the quota of all entities will be reduced proportionally to the extent that they will need it to reach that maximum difference.

To the extent that the total allocation exceeds one billion euros, that difference between the one who enters the most and the less will decrease progressively to a maximum of 3.5 times, that it would be reached with an income equal to or greater than EUR 1 500 million.

In both cases, the amounts that may be collected from the Compensation Fund provided for in point (a) of Article 6.1, and the revenue that the entities may receive, shall be computed for the verification of compliance with these limits. participants receive from the successful recipients of the exclusive exploitation of audiovisual rights as consideration for any other commercial relationship.

6. The settlement of the amounts corresponding to each club or entity participating in consideration for the marketing of its audiovisual rights shall be carried out for seasons, before the conclusion of the calendar year in which each one starts. Promotions and falls of category at the end of one season shall not affect the settlement of the season and shall only have effect from the following.

Article 6. Obligations of participating entities in the National League Championship.

1. In order to improve the promotion and operation of the competition and to contribute to the promotion of sport in general, each of the clubs and entities participating in the National League Championship, in any of its categories, will have to comply annually with the following obligations, in proportion to the revenue they derive from the joint marketing of audiovisual rights:

(a) A 3.5 per 100 will be used to finance a Compensation Fund for which sports entities can benefit, which, in the event of professional football competition, fall under the category. The 90 per 100 of this amount will go to the teams that descend from First Division, and the remaining 10 per 100 to those who descend from Second Division.

b) 1 per 100 will be awarded to the National League of Professional Football, which will exclusively direct it to the promotion of professional competition in the national and international markets.

c) 1 per 100 will be handed over to the Royal Spanish Football Federation, as a contribution to the development of amateur football. This amount may be increased within the framework of the Convention referred to in Article 28 of Royal Decree 1835/1991 of 20 December 1991 on Spanish Sports Federations and the Registration of Sports Associations. The Government shall determine the purposes and the criteria for the allocation of this amount among the territorial federations, depending on the number of licences.

(d) Up to 1 per 100 will be submitted to the Superior Council of Sports, which will allocate it to finance, in the amount and the terms that are regulated, the costs of the public social protection systems that correspond to workers who have the status of a high level athlete and for whom the sport constitutes their main activity and, where appropriate, the special conventions which permit their inclusion in the Special Workers ' Regime Autonomous. They may also be used to finance support for athletes participating in international competitions.

e) Up to 0.5 per 100 will be delivered to the Higher Sports Council, which will allocate it, in the amount and terms that are regulated, to the following purposes, in order of preference:

1. Aid to entities participating in the First Division of Women's Soccer to finance the payment of the business quotas for the recruitment of athletes and coaches included in the General Regime of Social Security, as well as the athletes and coaches to finance the payment of the worker's contributions.

2. Aid to the entities participating in the Second Division B of the National League Championship to finance the payment of the business quotas corresponding to the hiring of athletes and coaches included in the General social security scheme, as well as athletes and trainers to finance the payment of the worker's contributions.

3. Aid to associations or trade unions of footballers, referees, trainers and physical trainers, depending on the number of licences each has in the national categories. Where several associations or trade unions exist within the same collective, the amounts shall be allocated according to their accredited representativeness.

The Superior Council of Sports may conclude agreements with these associations so that the resources obtained are used to facilitate the insertion in the labor market of these athletes when their dedication to football ends, as well as to finance its running costs.

2. The payment of the liquid debts, due and payable to the State Tax Administration Agency and the General Treasury of Social Security, shall be of a preferential nature to the fulfilment of the obligations laid down in the previous paragraph.

Article 7. Organ of control of the management of the audiovisual rights of the National League of Professional Football.

1. Within the National League of Professional Football, an organ of control of the management of audiovisual rights will be set up, with the following powers:

(a) Management of the marketing and exploitation of audiovisual rights, with respect to statutory and regulatory standards.

b) Proposal to the governing bodies of the National League of Professional Football for decisions on the criteria for distribution set out in Article 5.

c) Control, review and audit of commercial management and economic performance arising from the joint exploitation and marketing of audiovisual rights, agreeing on any measures deemed appropriate in order to to provide the participating entities with full transparency, all data relating to such marketing and economic performance, as well as all the data used to obtain the quantities to be used for each participant entity corresponds to each of the concepts.

d) Establish the pattern for the production and realization of the audiovisual recording of the official professional competitions that ensures a common style that promotes the integrity of the competition, the fulfillment of the Current rules on the conclusion of the parties and the value of the product.

(e) to determine the amounts to be charged to each participating entity for the marketing of the audiovisual rights, in accordance with the criteria set out in Article 5.

f) To obtain and verify the data necessary to assess the social implementation of the participating entities and any other necessary to be able to determine the income that each corresponds to the variable items.

g) Publish through the website, before the conclusion of the calendar year in which each season has begun, the criteria for the distribution of the audiovisual revenue, the amounts corresponding to each participating entity and the amounts provided in compliance with the obligations laid down in Article 6.1.

(h) Any other that is attributed to you by this provision or which is delegated to you by the corresponding organs of the National Professional Football League.

2. This control body, whose composition shall be renewed each season, shall be composed of the following members:

(a) The two sports clubs or corporations that have received the most revenue for audiovisual rights derived from the national field in the last five years.

(b) Two clubs or public limited liability companies of the First Division, other than those of the previous paragraph, elected by the teams of that category.

(c) A club of the Second Division chosen by the clubs or public limited companies of that category.

d) The president of the National League of Professional Football, whose vote will lead to eventual draws in the votes.

3. The Superior Council of Sports and the Royal Spanish Football Federation will be called to the meetings of this body, being able to participate in a voice but without a vote.

In the same way, they will also be called to the meetings of the control body of the management of the audiovisual rights, being able to participate with voice but without vote, the State Agency of Tax Administration and the Treasury General of Social Security, as public creditors, as long as any of the participating clubs or entities have outstanding amounts to any of the aforementioned administrations.

4. The members of this control body shall communicate to the President of the National Professional Football League any situation of conflict of interest, direct or indirect, which they may have for the exercise of their functions. In any event, it shall be understood that there is a conflict of interest when the reasons provided for in Article 28.2 of Law No 30/1992 of 26 November 1992 of the Legal Regime of the Public Administrations and of the Common Administrative Procedure.

The affected member shall refrain from intervening in the agreements or operations to which the conflict relates and, if not, may be challenged, without prejudice to the responsibilities in which it may incur.

Article 8. Specialties in the marketing and distribution of the audiovisual rights of the Copa de S.M. El Rey and the Supercopa.

1. The Spanish Football Federation will be able to directly market the audiovisual rights of the Copa de S.M. El Rey and the Spanish Super Cup, in accordance with Article 4.

The Real Spanish Football Federation will distribute the revenue it obtains from the marketing of these rights according to the following criteria:

(a) 90 per 100 of the proceeds shall be allocated to the teams of the National Professional Football League and shall be allocated in accordance with the rules provided for in Article 5. For the purposes of applying Article 5.3 (b) 1 (b), only the entities which dispute the round of the last five seasons of the competition shall be taken into consideration with the following: weight: Champion 22 for 100; Subchampion, 16 for 100; Semifinalists, 9 for 100, Quarter Final, 6 for 100, Eighth for Final, 2.5 for 100.

b) The remaining 10 per 100 will be allocated to the promotion of amateur football and teams of other categories participating in the competition.

Within the Royal Spanish Football Federation, a management body of the same composition as the one established in Article 7 will be set up, with two specialties:

a) The president of the National Professional Football League will be replaced by the president of the Spanish Football Federation.

(b) A member of the organ of a second division B club, chosen by the clubs or sports public limited companies of that category

This body shall have the functions provided for in Article 7.1 (a), (d), (e) and (g) referred to in the competitions which it operates or markets.

2. Alternatively, the Royal Spanish Football Federation may entrust the marketing of these rights to the National League of Professional Football, respecting the following rules:

(a) The final match of the Copa de S.M. El Rey and the Spanish Supercup, which will be marketed or exploited directly by the Spanish Football Federation, will be excluded from this.

b) The Royal Spanish Football Federation will receive from the National League of Professional Football, as consideration, the largest amount between 1 per 100 of the total revenues obtained by the joint marketing of the rights National League Championship or ten million euros updated.

(c) The Royal Spanish Football Federation will not be obliged to compensate any of the professional football teams financially and will allocate the percentage of the consideration received to be determined by its General Assembly to the participating entities of the non-professional categories that dispute the Copa de S. M. el Rey.

d) The National League of Professional Football will distribute the income obtained from the marketing of these rights among the participants in the National League Championship, in accordance with the rules provided for in Article 5, applying the sports criteria referred to in paragraph 1 (a) of this Article.

In case of joint marketing with the audiovisual rights of the National League Championship, the distribution will be carried out in accordance with the provisions of Article 5, with the following specialties in the application of the criterion 1 of point (b):

1. º 22 per 100 will be allocated according to the sports results in the National League Championship, according to the rules provided for in the article.

2. The remaining 3 per 100 shall be allocated according to the sports results in the King's Cup, in accordance with the criteria set out in paragraph 1 of this article.

e) Entities participating in the National League Championship shall contribute to the costs of promoting competition in the terms set out in Article 6.

3. In any case, the Royal Spanish Football Federation will fully allocate the proceeds from the marketing and exploitation of the audiovisual rights of the Spanish Super Cup and the final of the Copa de S. M. the King to the promotion of the amateur football.

Article 9. Arbitration of the Superior Council of Sports.

1. Sports entities participating in a professional football competition, in accordance with their regulatory standards, may submit to the High Council of Sports the discrepancies that may arise in relation to the with the marketing and exploitation of audiovisual rights.

2. The arbitration procedure shall be governed by the provisions of Law 60/2003 of 23 December of Arbitration. Before making an award, the Higher Sports Council will seek the report of the National Commission on Markets and Competition.

3. The Government, by means of a royal decree, shall establish the rules governing the exercise of the arbitral function by the High Council of Sports, ensuring transparency in the appointment of the arbitrators and their independence.

Additional disposition first. Payment of the debts to the Public Administrations.

1. The National Professional Football League may use all rights the marketing of which is legally ceded as a guarantee for access to financing, with the sole purpose of providing the participating clubs and entities with the integrate resources to settle their debts with the Public Administrations.

The National Professional Football League must pass on to each participating entity whose debts have been cancelled, in whole or in part, with these financial resources the corresponding amount, guaranteeing the return of the same.

As long as the cancellation of the full amount of the debts with the financing obtained according to the previous paragraph has not been effected, the National League of Professional Football will ensure that the system of distribution finally agreed does not mean a violation of the rights and guarantees held by both the Public Finance and the Treasury of Social Security in relation to its situation immediately prior to the enactment of the actual present decree-law.

2. Under no circumstances will this system of distribution mean a reduction in the rights and guarantees of the debts to the Public Finance and the General Treasury of Social Security maintained by the Clubs of Football and Sports the rights to be marketed by the actual decree-law.

All embargoes, precautionary measures, guarantees or any other conditions under the commitments acquired by agreements of deferrals or fractionations, suspensions, general agreements or agreements shall remain in full force. (a) a single currency in the form of a single currency, a sum of all the amounts of the total amount of the debt, the amount of which

be paid by the end of the year.

If it is necessary to formalize new guarantees, the National Professional Football League and the Spanish Football Federation, as marketing entities, will be subrogated in the obligation to formalize them by the debtor and shall respond to the constitution of the debtor.

In particular, in the event of the existence of a pledge, a validly constituted guarantee, or a guarantee that they have as their object audiovisual rights or credits, effects and values of any kind constituted on them, as to the existence of general or singular payment agreements signed in the framework of a bankruptcy process, both from the Public Finance and the Social Security Treasury, the National League of Professional Football and, where appropriate, the Royal Federation Spanish Football, will respond jointly and severally to the income of the tax debts until the complete satisfaction of the consideration on their agreed day, and shall do so under the same material and temporary conditions in which such satisfaction is assured by the pignorination, guarantee, embargo, agreement or any other condition, originally constituted.

The actions of the tax administration may be directly understood with the person responsible, to whom the tax liability will be required, without the necessary prior administrative act of derivation of responsibility. In Article 41.5 of Law 58/2003 of 17 December, General Tax.

Additional provision second. Television audiovisual communication services for payment.

In the event that a single person or entity acquires the exclusive rights for the live broadcast of the football matches corresponding to the First Division League National Championship through services of (a) a paid television audiovisual communication, for the national field, must be provided in sufficient time to the providers of television audiovisual communication services who request it, at least for a basic signal of such content, under objective, transparent and non-discriminatory conditions.

The parties will freely negotiate the access agreements referred to in this article and their conditions, including economic consideration. Any party may present a conflict of access and its conditions to the National Commission on Markets and Competition, which, after hearing the parties, will make binding resolution on the subject matter of the The Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the definitive.

First transient disposition. Implementation of the new system for the acquisition and sale of audiovisual rights.

1. From the entry into force of this royal decree, no club or entity participating in an official professional football competition may enter into individual contracts for the marketing of audiovisual rights unless it obtains the the authorisation of the trading entity and that the duration of the contract does not extend beyond the date of expiry of the last individual contract in force.

2. The system for the joint marketing of the audiovisual rights provided for in this royal decree shall apply from the season in which the last contract for the exploitation of audiovisual rights which has expired expires. individually subscribed to a club or entity participating in the competition.

When the audiovisual rights of one season have not been individually marketed by at least 80 per 100 of the participants in the National League Championship, the National Professional Football League may proceed to the joint marketing of the unsold rights individually.

Sports entities that have already marketed them, may ask the National Professional Football League to include them in the joint marketing, assuming such entities the obligations or indemnities that they may arise in relation to entities that have acquired those rights.

3. The National League of Professional Football and, if necessary, the Royal Spanish Football Federation, will be able to negotiate with the adjudicators of the exploitation and marketing of the audiovisual rights of the competition the advance resolution of the contracts, guaranteeing the sports clubs and public limited companies that would have sold them the full amount of the agreed consideration.

This early resolution may in no case be detrimental to the interests of the creditors of the sports clubs and public limited companies that have sold their rights.

In particular, in the event of the embargoes of credits, effects, values and rights of both the Public Finance and the General Treasury of Social Security, the National League of Professional Football and, if applicable, the Real Estate The Spanish Football Federation, in proportion to the amount marketed by each of these two entities shall, at the time of the advance resolution of the contracts, enter the total amount of the debts included in the aforementioned embargoes.

Second transient disposition. Guarantee of the income level of the participants in the National League Championship.

1. During the first six seasons following the implementation of the system of joint marketing of the audiovisual rights approved in this royal decree-law, the level of income of the clubs and entities is guaranteed participants in the National League Championship in the following assumptions and terms:

(a) If the quantity available for distribution between the participating clubs and entities, in accordance with Article 5.1, is less than the sum of the revenue obtained by all marketing participants Individual audiovisual rights in the 2014/2015 season shall not be applicable either to the intended allocation criteria or to the limits of Article 5 and the amount corresponding to each participant shall be reduced by the amount received each in that season in proportion to the decrease of the total revenues collected.

(b) If the amount available for the distribution between the participating clubs and entities exceeds the sum of the revenue earned by all participants for the individual marketing of the audiovisual rights in the season 2014/2015, but by application of the criteria of distribution the amount corresponding to one of the participating clubs and entities is inferior to the one effectively entered by that club or entity in that season, will not be application of the limits of Article 5.5 and the reduction of the amounts to be collected by the clubs or entities with positive balances in proportion to their share of the overall increase in revenue. The amounts thus reduced shall increase the amounts of the clubs and entities with negative balances up to 100 per 100 of the amount of income earned in the 2014/2015 season for each of them.

2. It shall be for the body referred to in Article 7 to verify the quantities that each participating sports entity has received in the 2014/2015 season.

Single repeal provision. Regulatory repeal.

Any provisions of equal or lower rank shall be repealed as opposed to the provisions of this rule and in particular:

(a) Article 21 of Law 7/2010, of 31 March, General of Audiovisual Communication.

(b) The fourth additional provision of Royal Decree 1835/1991 of 20 December on Spanish Sports Federations and Registration of Sports Associations.

Final disposition first. Amendment of Law 7/2010 of 31 March, General of Audiovisual Communication.

Article 19 (3) of Law 7/2010, of 31 March, General of Audiovisual Communication, is worded as follows:

" 3. The exclusive right of issue cannot limit the right to information of citizens. The providers of the audiovisual media service who have exclusively engaged in the issue of an event of general interest to the company must allow the other providers to issue a brief summary of the information in question. reasonable, objective and non-discriminatory conditions. This service shall be used only for general information programmes and may only be used in on-demand audiovisual communication services if the same communication service provider offers the same deferred programme.

No consideration shall be required when the information summary on an event, unit set of events or sporting competition is issued in a general information, deferred and with a duration less than ninety seconds. The exception for consideration does not, however, include the costs necessary to facilitate the preparation of the information summary. The permanent appearance of the logo or trademark of the organizer and the main sponsor of the competition shall be ensured during the issuance of the summary.

The audiovisual media service providers can access, in the approved zone, the spaces in which such an event is held. "

Final disposition second. Amendment of Law 10/1990 of 15 October of the Sport.

Law 10/1990 of 15 October of the Sport is amended in the following terms:

One. Article 8 (r) is renumbered as s) and a new point (r) is added, with the following wording:

" (r) The administration of the arbitration and the appointment of arbitrators in relation to any discrepancies that may arise concerning the marketing and exploitation of audiovisual rights in official football competitions professional and in any other subject subject to them. "

Two. The wording of Article 22 is amended, which is worded as follows:

" 1. Any natural or legal person who acquires or enajes a significant participation in a Sports Company shall communicate, in the terms that are established, to the Superior Council of Sports the scope, period and conditions of acquisition or disposal.

Where the information provided does not permit the determination of the shares held or acquired indirectly by the same natural or legal person, the Higher Sports Council may obtain from the acquirer any additional information or documentation on the composition of the shareholders ' ownership and identity in companies of the same group and dominant companies, as well as on the business carried out through an individual company.

Significant participation in a Sports Anonymous Company shall be understood to include shares or other securities which are convertible into them or which may directly or indirectly entitle them to their acquisition or subscription of the way the acquirer passes or ceases to have, along with those he already owns, a stake in the capital of the same or multiple of five percent.

2. Any natural or legal person who intends to acquire shares in a Sports Company or securities that may directly or indirectly give his or her subscription or acquisition in such a way that, united to those in possession, he or she may be held by participation in the total of the voting rights of the society equal to or greater than twenty-five percent, must obtain prior authorization from the Superior Council of Sports and, in the event that the acquirer is a natural or legal person resident in countries or territories with which there is no effective exchange of tax information, it shall appoint a representative in Spain.

The High Council of Sport may only refuse authorization in the cases referred to in the following article. If it does not recuse express resolution within three months of receipt of the application, the authorization shall be deemed to have been granted.

3. For the purposes set out in this Article, they shall be deemed to be owned or acquired by a natural or legal person:

(a) Shares or other securities held or acquired by entities belonging to the same group as defined in Article 4 of Law 24/1988 of 28 July of the Securities Market;

(b) Shares or other securities held or acquired by other persons acting in their own name but on behalf of that person, in a concerted manner or forming a decision-making unit with them through any type of legal, commercial, provision of advisory services or family type.

It shall be understood, unless proof to the contrary, that they act on behalf of a legal person or in a concerted manner with the members of its administrative body.

In any case, account shall be taken of both the Sunday ownership of the shares and other securities and the voting rights enjoyed under any title. "

Three. The wording of paragraphs 1 to 4 of Article 23 is amended in the following terms and renumbered as paragraphs 4, 5 and 6, which become paragraphs 5, 6 and 7:

" 1. Public limited liability companies and clubs participating in professional state-wide competitions may not participate directly or indirectly in the capital of another Sports Company that takes part in the same competition or, being different, it belongs to the same sports mode.

2. No natural or legal person who directly or indirectly holds a share in voting rights in a Sports Company equal to or greater than five percent may directly or indirectly hold an equal or equal share more than five percent in another Sports Company that participates in the same competition or, being different, belongs to the same sports modality.

3. No shares of a Sports Company or other securities that directly or indirectly may be entitled to its subscription or acquisition may be acquired where the effect of adulterating, devirtuing or altering the normal may occur. development of the competition in which the company participates.

4. The High Council of Sport may provide a reasoned agreement on the suspension of the appointment of administrators and the exercise of the right to vote or other political rights in sports entities participating in professional competitions in the Assumptions:

(a) Where the obstruction, resistance or refusal to provide the relevant information or documentation prevents the verification of compliance with the obligations relating to the acquisition of significant holdings.

(b) Where the inaccuracy or falsehood is found in the statements made or of the documents which have been produced.

(c) When the appointment of the directors or the conduct of business on the shares of the Sports Anonymous or other sports entities may adulterate, distort or alter the normal development of the competition. "

Four. Article 76.3 (a) is amended, which is worded as follows:

" (a) Failure to comply with the economic type agreements of the relevant professional league, including any agreement validly taken by the bodies representing those entities affecting economic control and budget of its associated entities. "

Final disposition third. Regulatory development.

The Government, by means of a royal decree, may adopt the necessary regulatory measures for the development and application of the provisions of this legal provision.

Final disposition fourth. Entry into force.

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

Given in Madrid, on April 30, 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY