Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-4780
EXHIBITION OF REASONS I the sport has been considered traditionally a medium appropriate to acquire values of development personal and social; eagerness of overcoming, integration, respect to the person, tolerance, compliance of rules, perseverance, work in team, overcoming of the limits, self-discipline, responsibility, cooperation, honesty, loyalty, etc. All them are qualities desirable by all and is can get through the sport and of the orientation that them teachers, coaches and family you den, always with the support of all them agents involved in it, so these values is develop and endure in the person and you help to a full development physical, intellectual and social and by addition to a best integration in the society in that live.
While sports activity moved exclusively at the amateur level, far from applying business criteria in their management, they award these values and sport remained oblivious to the economic reality and the principles and rules by which is governed. However, two phenomena recent have marked the transition towards what could be called is «sport modern»: the professionalization and it marketing. The process of professionalization in the sport refers both to the people and structures, and is associated with the passage of a State fond of other professional athletes, but also to the rationalization of the operation of organizations dedicated to the promotion and development of sport. He process of marketing is more recent and is associated to the transmission of them events sports through different media of communication, that is has translated in interesting opportunities of generation of income for them organizations sports through the sale of rights of television, of licenses of image and other activities commercial product of the exhibition media of equipment players and sports stars.
The confluence of these two factors has not been uniform and some disciplines have experienced it before others or in greater depth; in any case, this circumstance has profoundly transformed the sport from a dual perspective. On the one hand, the disciplines sports is van approaching to a new conception of the sport as industry, making you in an extraordinary engine of growth economic. On the other hand, in Western societies the sport has become today a social phenomenon whose importance has transcended the strictly sports field.
II the accelerated and growing consumption of them events sports through them media of communication social, in a dimension that exceeds widely them markets national to globalize is, has transformed completely it configuration classic of them competitions sports official more professionalized, whose sustainability current depends on of the balance between the correct management of them resources economic that attract in its broadcasting massive and its capacity for keep is as a product attractive , competitive and socially relevant. In this new scheme, the economic impact derived from the commercialisation of the audiovisual rights of professional sports competitions is, undoubtedly, singular factor that determines the possibilities of development of these competitions and, at the same time, which best reflects the imbalances of this duality between the economic and sports that characterizes them with greater intensity.
In Spain, as in other neighbouring countries, it is the competition of male professional football where largely converge these tendencies which merely sporting factors are combined with own a booming economic sector and intangible and cultural elements that are associated with the practice of football. And in the empirical account of this complex and not always peaceful process of recent decades, the influence of the income derived from the exploitation of the audiovisual rights has been especially critical and crucial both to consolidate the Spanish football competition as one of the greatest quality recognized worldwide, for promoting and developing the audiovisual market , especially the of the services of television's payment. As in other countries with similar level competitions, football has used television as a primary means for obtaining resources and income, but at the same time the expansion of television and other media and broadcasting, including pay television channels, have relied on largely depend on its ability to set professional football matches.
The marketing model of the audiovisual rights of competitions of professional soccer in Spain is based on the autonomy of the will of the agents involved, who enjoy full autonomy to order their trade relations. In this context, is has opted by the sale individualized by them teams participating in them competitions, recognizing is so the ownership of the right to the retransmission of each find of the competition to the club local, while must count with the consent of the club visitor. Front of the progressive implementation of the relevant models of joint selling in all European countries with professional football competitions, individualized sales model has required that equipment and audiovisual operators need to reach agreements for the broadcasting of matches, which are not always compatible with the rules of the market, unequal in terms of the bargaining power of the parties and subject to a permanent judicial conflicts , while in practice ever participation of the organizing bodies of the respective competitions.
The operation to unstable and fragmented this sale of audiovisual rights model has resulted in a structural weakness prompt explaining that recovery by this sale will be considerably lower which would correspond to the Spanish by importance, size and impact of international competition, and that the imbalance of revenue among teams receiving more and less is also the major leagues of our environment. This weakness in the marketing of rights and the consequent absence of an efficient market in the distribution of rights, also seems to have influenced the limited development of new channels of dissemination, in particular that of pay television, which in other neighbouring countries have expanded by taking advantage of conditions in the sale of audiovisual rights more transparent and stable in time and exploitation requirements.
III the content of this provision revolves around three fundamental axes. On the one hand, although ownership of audiovisual rights of live or deferred retransmission, in its entirety or in versions summarized and/or fragmented's professional football competitions matches is attributed to the clubs or participating entities, settles the obligation to give the powers of their joint marketing to the organisers, i.e. the National League of professional football in the case of the National League's first and second Division Championship, and to the Royal Spanish Football Federation with respect to the Copa de S.M. del Rey and the Supercopa of Spain. These entities are required to commercialize the rights sold by systems of allocation and exploitation which respect the principles of equality and freedom of enterprise and within the general framework of the national and Community rules on competition. For these purposes, the Royal Decree-Law establishes certain criteria in relation to the procedure for the marketing and allocation of rights and recognizes the National Commission of markets and competition a role determining actor in monitoring cited joint procurement of audiovisual rights procedures.
He second axis on which pivots the articulated of the real decree-law is the establishment of the system of cast of them income obtained by the marketing joint, in which is introduced criteria corrective that limited them differences between them entities participating that major and minor income will receive in each season. These criteria allow distribute them income between the first and second Division of the football and weighted it distribution equitable within each category according to them results sports obtained and it implementation social of each entity participant, measure by the fundraising in fertilizers and box office half and it contribution relative in the generation of resources by it marketing of them broadcasts television.
Thirdly, once distributed the proceeds from commercialization, each participating entity must take compulsory contributions which are set for the compensation fund of sports entities which contested the competition of professional football, from category; for the political of promotion of the competition professional and of the football amateur that develop respectively the League national of football professional and the Real Federation Spanish of football; and for the policies of the Superior Council of sports in support of the first Division of the football feminine, the Segunda Division B of the men's National Championship and the associations of footballers, referees, coaches and physical trainers.
In this sense, remember that the sports, tributary system of the autonomy with which international organizations illuminated as we now know, and safeguarding of jealous way, is a complex ecosystem. The existence of measures of solidarity internal, complementary of the General of the society, is also an element common distinctive of this world of the sport. Is gives in all the organizations through institutions varied (rights of training, compensation to the categories lower, etc.). It is reasonable that a major source of income of most professional sport with wide difference serve also to finance the base of that pyramid which is the peak. Thus, the general interest is also enclosed in allocate these income amateur female football soccer, whose development is much lower than for historical reasons that they are having including discrimination claiming their compensation, to the categories not soccer professionals which feed is rarely your templates and since that amount each year 20 per 100 teams of the second Division of professional , or to the rest of modalities sports and athletes that enrich the image of our country and offer to our citizens their delivery and their victories, and that very widely just their racing sports without have could if wants to start his career as contributors.
Finally, the real Decree-Law collects also some measures organizational and a regime transitional that must ensure an implementation progressive and stable of their content, and is complete with the modification partial of some others laws closely linked with the practice of the soccer professional. Thus, establishing a procedure to ensure the non-exclusive exploitation rights for the domestic market of the National League's first Division Championship matches for pay television, according to the essential character of these contents for this market, as well as the related electronic communications services market, whose marketing is performed routinely in packaged form. In addition, amending the law 7/2010 of 31 March General Audiovisual Communication to adjust the time of sports summaries that can be included in the informative spaces of general character the past jurisprudential criteria of the Court of Justice of the European Union. Is modifies also the law 10 / 1990, of 15 of October, of the sport, to reinforce them systems of control economic and financial of them societies anonymous sports, as well as to avoid the use of these with purposes that can affect to the balance financial of the competition and of them entities that in he participate.
IV in principle, the existence of inefficiencies in a market of goods and services is a strictly private affair, whose solution is up to agents that operate in the same. Any public intervention must be exceptional and justified in higher reasons of general interest.
For the market of rights audiovisual of them competitions of football professional three are them reasons that legitimize it intervention urgent of the Government: on the one hand, it undisputed relevance social of the sport professional, in second place, it repeated and unanimous demand of such intervention from all them sectors affected and, finally, the need of promote it competition in the market of it television of payment acting on one of their active essential.
The relevance social of the sport professional in Spain and, specifically, of the football, is an evidence that is reflected in those studies statistical and of opinion. In fact, the football is it discipline sport that has with a greater number of athletes Federated (855.987 in 2013, what represents the 25.2 by 100 of the total of licensing federal), that participate in competitions official through 21.584 clubs sports.
But the interest in soccer goes beyond his practice, as revealed by the CIS in June 2014 barometer, indicating that a 48 per 100 population manifests interested in football, even if you do not practice it. Curiously, when is asked by the condition of sympathizer with teams of soccer professional, this percentage is elevates to the 67.4 by 100.
This very high interest of society in professional football conditions the consumption habits of the population. Indeed them supporters of them teams of football professional confess that come, whenever can, their parties by television (74.9 by 100), even through services of television of payment (15.5 by 100), that attend to meetings live (32 by 100) and that acquire products of use personal marketed with the brand of your team (30.1 by 100).
This opinion data are enhanced by indicators of attendees at the stadiums of football and television audience that includes the National League of professional football in their annual reports. Thus, in the 2013/14 season, over 13 million people attended the stadiums to watch live matches of the first and second Division football, and television audiences exceeded 210 million viewers.
The contribution of professional football to the economic activity and its direct and indirect impact on the generation of wealth and employment, affecting sectors varied such as those related to tourism, advertising and sponsorship, the commercialization of the technologies of communication, all which are important in our country is not negligible.
The second reason that justifies the intervention normative of the Government is the difficulty of them operators to adopt, by it via of the self-regulation, a model efficient of management of their rights audiovisual. Model of selling individual, effective since season 1997 / 1998, has been subject to a permanent review by part of the courts and the Spanish competition authorities to the diverse and complex relationship between multiple agents involved in the television broadcasts of the football market. These tensions have arisen among the clubs offering, both demanding operators of audiovisual rights.
It is appropriate to recall the endemic crisis that has plagued professional football historically. Successive 'plans of sanitation» faced for decades have not prevented the periodic settlement of historical equipment, step by bankruptcy situation of a high percentage of professional teams, the accumulation of debts exceeding four billion euros between the 42 teams from professional football at the end of the 2011 season / 2012. Professional football is facing a profound cultural shift against this historical trend without exception of continuing losses in the income statement. Through economic and financial control measures promoted by the Higher Council for sports, for the last two years have been able to significantly reduce that debt, challenging this inertia. But it would not be reasonable to undertake this effort without having the best tool, extended in all professional world sports competitions, such as the centralized sale of television rights.
The enormous tension accumulated over the past decade has prevented the parties to reach an agreement on the joint of audiovisual rights and these revenue-sharing marketing, as happened in other professional competitions in Europe (English Premier League, German Bundesliga) and it would have been desirable. In this context, the only consensus that has managed to attract it is synthesized in the statement of the Board Directors of the Royal Spanish Football Federation from April 7, 2015, which was agreed "ratify the unity of Spanish soccer, manifested in the meeting today, for all members representing both professional football as an amateur, with the unconditional support from the RFEF and the LFP» «, for the enactment, a matter of urgency, of a Royal Decree law regulating the unified marketing of audiovisual rights and solidarity shared with all Spanish football.»
I.e., the difficulties of the sector to self-regulate have led actors to demand urgent action from the Government, which only access to intervene in view of the dimension and social relevance of professional football in Spain, facilitating the overcoming of the greatest obstacle that may develop this economic activity and that it occupies an important place among the interests of many people at the time normally , as in the rest of the countries in our area.
The extraordinary and urgent need of the intervention derived of the situation contractual of them clubs and entities participating in relation to the marketing of its rights audiovisual. Although, as a consequence of the single market, the assumptions are different, most clubs and entities participating in the National League Championship have already signed contracts for the individual marketing of their rights until the 2015/16 season, and should conclude the negotiations of the new sale period in 2015. Some contracts individual end its force in the season 2014 / 15 and them clubs corresponding are in available of negotiate and sign new contracts, that could extend its validity until it season 2017 / 18. On the other hand, the rights of exploitation in the international markets are only marketed for the season 2014/15.
As a result, at this time, the exploitation of the audiovisual rights of the current season is possible (2014/15) in national and international markets, but from season 2015/16 there is a situation of uncertainty, that only would be ensured through the implementation in common of all individual rights. Especially committed it is the marketing of rights in international markets, which will be practically unfeasible in the current circumstances, be impossible to offer a joint package to interested foreign operators. The proximity of the next season makes that that product is devalued continuously, and is replaced by alternative competitors of our League of football. No different from the centralized sale formula allows marketing outside Spain, as otherwise it is almost impossible that an only economic agent can offer the operators of various countries «Spanish League» product. The inability of the sector for power lead this marketing requires a performance urgent that allow exit to the market and not continue losing opportunities.
In these circumstances, there is the opportunity of implant with full guarantees the system of marketing centralized of them rights audiovisual starting from the season 2016 / 17, respecting them commitments contractual force. To achieve this objective, it is essential that new contracts that are negotiating the sports entities that still have not marketed them in the 2015 season / 2016 are valid for a single season.
Since these new contracts are being negotiated at the moment and should sign up in advance for the start of next season (September 2015), is extraordinary and urgent need the approval of the legal rule that allows the implementation of the model of exploitation and joint marketing and that definitely brings security to all operators and agents potentially implicated.
Finally, it should be noted that the audiovisual rights of professional football competitions constitute an active strategic of the first order for companies operating in the market of the audiovisual communication of pay TV and, consequently, the submission of your marketing to a legal regime that ensures access to its exploitation in free competition will allow establishing a solid foundation for the development of the market for pay television in Spain.
In his virtue, in use of the authorization contained in the article 86 of the Constitution Spanish, to proposal of the Minister of education, culture and sport, prior deliberation of the Council of Ministers in its meeting of the day 30 of April of 2015, HAVE: article 1. Object and scope of application.
1. the object of this Royal Decree-law is to establish the rules for the marketing of the rights of exploitation of audiovisual content of football competitions for the National League's first and second Division Championship, the Copa de S.M. King and the Supercopa of Spain, as well as the criteria for the distribution of the proceeds among the organizers and participants in the same.
Such audiovisual content include events taking place in the field of play, including the visible areas of the sports arena from the same, since the two minutes prior to the scheduled time for the start of the sporting event up to the minute following its conclusion, and include rights for both broadcast live as a deferred, in its entirety and in abbreviated or fragmented versions , destined to its exploitation in the market national and in those markets international.
As provided for in this paragraph is understood notwithstanding the issuance of brief news summaries referred to in article 19.3 of the law 7/2010 of 31 March General Audiovisual communication.
2 are excluded from the scope of application of this law the rights of exploitation of contents for issuance through radio audiovisual communication services.
Article 2. The ownership of those rights audiovisual.
1. the ownership of audiovisual rights fall within the scope of application of this law corresponds to the clubs or entities participating in the corresponding competition.
2. the participation in a competition official of football professional will lead necessarily it assignment by their holders to the entity organizing of them powers of marketing joint of them rights audiovisual included in the scope of application of this real decree-law.
This Royal Decree-Law a_efectos_de, and without prejudice to the powers recognized in the general sports legislation, will be organizing body considered: to) the National League of professional football, with respect to the National League's first and second Division Championship.
b) La Real Federación Española de Fútbol, with respect to the Copa de S.M. King and the Supercopa of Spain.
3 without prejudice to the powers of commercial entities, club or entity in whose premises a sporting event at the competitions referred to in article 1 is dispute reserves the following rights exploitation: to) the issue delayed the meeting from the completion of the sports day, provided that you do so directly through own distribution channel thematically dedicated to the sport of the club or institution participating.
(b) the live broadcast, within the facilities in which to develop the sporting event, the television audiovisual signal corresponding to the event.
4. them rights audiovisual not included in the scope of application of this real decree-law may be exploited and marketed individually by the clubs or entities participating, directly or through third.
Article 3. Duty of collaboration in the production and transportation of them contained audiovisual.
Clubs or partners at whose premises held sports events referred to in this Royal Decree shall be full cooperation with the entity or entities responsible for the production and transport of audiovisual content to the proper performance of their functions, while in no case they can claim consideration or compensation for any ordinary expenses arising from the use of the sports arena or its facilities for such functions.
In all case, the production and the transport of them contained audiovisual must perform is so not is see affected or the development of the own event sports, or the exploitation by the club or entity participant of them rights to is concerns the paragraph 3 of the article 2, or any another activity commercial that is develop in the enclosure sports or in their facilities.
Article 4. Conditions of joint marketing of audiovisual rights.
1. the marketing and exploitation of audiovisual rights system is governed by the principle of free enterprise within the framework of the evaluation system established by the Spanish and European rules of competition.
2. the marketing of audiovisual rights markets national and of the European Union may be in regime of exploitation exclusive or non-exclusive, including those forms of non-exclusive commercialization on equal terms to all interested operators in accordance with the provisions of this article.
3 marketing entities shall establish and make public the General conditions governing the marketing of the rights of exploitation of audiovisual content object of centralized marketing, including tenders for exploitation in markets national and of the European Union, their groupings in batches and configuration requirements for the allocation and exploitation, that must be respected in any case limits and principles set out in this Royal Decree-law.
Without prejudice to provisions of law 3/2013, 4 June, and the rest of competition law, prior to the approval of these conditions, commercial entities will request the National Commission of markets and competition the elaboration of a report on the conditions of trading. Said report shall be made in the period of a month since out requested.
(4. to them effects of the determination of them conditions of marketing centralized of rights designated in the paragraph previous, is will have in has them criteria following: to) in them conditions of marketing is shall state the scope of them lots of rights object of marketing, pointing, in particular, them contained included in each batch, the field geographical for its exploitation, if is destined to its emission in open or in encoded and which will be object of exploitation exclusive or non-exclusive.
b) shall ensure the marketing of rights pertaining to the events of general interest to the society, those referred to in article 20 and the sixth transitional provision of the law 7/2010 of 31 March.
(c) is must specify in the conditions of the offer it date and schedule of celebration of each one them events marketed or them conditions that allow its determination to them awarded.
(d) the adjudication of rights should be performed by a public, transparent, competitive process and without discrimination against tenderers, based on objective criteria amongst which must appear, mainly the economic profitability of offer, the sports interest of competition and growth and the future value of the audiovisual rights that the successful tenderer can provide.
(e) the awarding of each lot or package will be held independently. Award conditions established by commercial entities and tenders submitted by tenderers may not be conditional to the acquisition of certain parcels or lots or the occurrence of certain events.
(f) the duration of the contracts of marketing not may exceed of three years.
(g) a person or entity may not be holder or directly or indirectly acquire exclusive exploitation rights in the national market of contents corresponding to more than two parcels or lots, either in the bidding process or at a later time by acquisition or transfer of rights acquired by third parties, unless there were no bidders or buyers or other economically equivalent offers in any lot or package.
(h) commercial entities will be sold the rights that manage sufficiently in advance so that their exploitation is carried out in a proper manner.
5. the conditions of marketing of them rights audiovisual in them markets International is will make public and is subject to the report prior of the Commission national of them markets and it competition in them terms provided in the paragraph second of the paragraph 3 of this article. The comercializadora entity will offer through the web update on current marketing contracts.
6. If any of the successful tenderers not exploded the audiovisual rights, distributors entities may terminate the contract and award it to another bidder, without prejudice to the agreed provisions.
7. them rights audiovisual included in the scope of application of this real decree-law that not are object of marketing joint can be exploited and marketed individually by the clubs or entities participating, directly or through third.
Article 5. Criteria of cast of the income between those participating in the Championship national of League.
1. them income obtained by the exploitation and marketing joint of them rights audiovisual of the Championship national of League is distributed between them clubs and entities participating in the first and second Division according to the criteria established in this article.
2 90 per 100 of revenues be allocated to clubs and participating in the first Division of the National League Championship and 10 per 100 remaining clubs and entities in the second Division.
(3. it League national of football professional will distribute them amounts corresponding to each category according to them criteria that is agreed, respecting in all case, the following rules and limits: to) a percentage is distributed between them participating of each category to parts equal. The amount to be distributed shall be 50 per 100 in the first Division and at least 70 by 100 in the second Division.
((b) the amount remaining after remove the split designated in the letter to) is distributed between them clubs and entities of each category of form variable. Each half of this amount will be distributed to each of the following criteria: 1 the sports results. In the first Division will be taken into consideration the sports results of the last five seasons, being weighted those obtained in the latest a 35 per 100 in the penultimate 100 20 and 15 per 100 each of the previous three. In the second Division, is it taken into account only the last season.
For the application of these criteria, the amount to distribute is assigned to each an of them seasons considered, according to the criteria of weighting established in the paragraph previous. The amount assigned to each season will be distributed among participants in the following way:-rated 1: 17 per 100.
-2nd rated: 15 per 100.
-3rd ranked: 13 by 100.
-rated 4th: 11 per 100.
-rated 5: 9 per 100.
-6 rated: 7 by 100.
-7th classified: 5 per 100.
-8th rated: 3.5 per 100.
-9th classified: 3 by 100.
-rated 10th: 2'75 by 100.
-rated 11. º: 2'5 x 100.
-12th classified: 2'25 per 100.
-13.º rated: 2 per 100.
-rated 14.º: 1'75 by 100.
-rated 15.º: 1'5 by 100.
-16th classified: 1'25 per 100.
-rated 17th: 1 per 100.
-rated 18.º: 0'75 by 100.
-rated 19th: 0'5 by 100.
-20th rated: 0'25 per 100.
Where the competition has more or less than 20 participants, these percentages must comply in accordance with the provisions of the following paragraph, respecting the escalation based on results.
2. the social implementation. One-third of the assessment of this criterion determined by the fundraising in fertilizers and half of the latest blockbuster five seasons, and the other two-thirds for his participation in the generation of resources for the marketing of television broadcasts.
For the application criteria of social implementation, be established a system of proportional allocation, without that any entity may receive an amount greater than 20 per 100 of this heading. Where a participant exceeds this limit, the excess will be distributed proportionally among the remaining.
None of the participants will receive for this concept less than 2 per 100 of this heading.
4. the criteria to be applied to the distribution referred to 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 signing of each contract of trading by the National League of professional football. If in the meeting convened to the effect any proposed got that majority after three votes, is keep them criteria of the previous period. If not exist, the criteria of cast will be determined by to the Council Superior of sports.
5. in both categories, a time made the cast of them quantities corresponding in accordance with them criteria designated in this article, the difference between the clubs and entities that more and less enter not may be upper to 4.5 times. If is diese this circumstance, is will decrease proportionally the share of all them entities in it must for enhancing which it needed to get to that difference maximum.
To the extent that the cast total exceed them thousand million of euros, that difference between who enter more and less will be decreasing progressively until a maximum of 3.5 times, that is would reach with an income equal or superior to thousand five hundred million of euros.
In both cases, be computed for the verification of compliance with these limits both the amounts that could be seen of the compensation fund provided for in to) article 6.1, as income participating entities received from recipients of exclusive exploitation of audiovisual rights as consideration of any other business relationship.
6. the liquidation of the quantities corresponding to each club or institution participating in consideration for the marketing of their audiovisual rights held by seasons, before the conclusion of the calendar year in which starts each. The ups and downs of category at the end of a season corresponding to the same liquidation shall not affect and will only have effect as from the next.
Article 6. Obligations of the entities participating in the Championship national's League.
1. to improve the promotion and operation of the competition and contribute to the promotion of the sport in general, each one of them clubs and entities participating in the Championship national of League, in any of their categories, must meet annually with them following obligations, in proportion to them income that obtained by it marketing joint of them rights audiovisual :
(to) a 3.5 by 100 is allocated to finance a Fund of compensation of which may benefit is them entities sports that, disputing the competition of the soccer professional, be of category. He 90 by 100 of this amount is allocated to the teams that be of first division, and the 10 by 100 remaining to which be of second Division.
(b) 1 per 100 will be delivered to the National League of professional football, which will allocate it exclusively to the promotion of professional competition in national and international markets.
c) a 1 per 100 will be delivered to the Royal Spanish Football Federation, as a solidarity contribution to the development of amateur football. This amount may be increased in the framework of the agreement referred to in article 28 of Royal Decree 1835 / 1991, of 20 December, Spanish sports federations and sports associations registration. The Government will determine regulations them purposes and them criteria of cast of this amount between the federations of field territorial, depending on the number of licenses.
(d) up to 1 per 100 will be delivered to the Consejo Superior de Deportes, which allocated it to finance in the amount and terms established by regulation, the costs of public systems of social protection to workers that they have the status of high level athlete and for whom sport is its main activity and , where appropriate, the special agreements that allow its inclusion in the special scheme for self-employed workers. Also, may allocate it to finance aid to athletes that participate in competitions international.
(e) up to 0.5 per 100 will be delivered to the Higher Council for sports, which will allocate, in the amount and terms according to the rules established, to the following purposes, in order of preference: 1 aid to entities participating in first Division Soccer women to finance the payment of the corporate contributions for the recruitment of athletes and coaches within the General regime of the Social Security as well as the athletes and coaches to finance the payment of contributions of the worker.
2nd aid to them entities that participate in the second Division B of the Championship national of League to finance the payment of them fees business corresponding to it recruitment of athletes and coaches included in the regime General of it security Social, as well as to them athletes and coaches for finance the payment of them fees of the worker.
3rd aid to the associations or unions of footballers, referees, coaches and preparers physical, depending on the number of licenses that holds each an in the categories national. When inside a same collective exist several associations or unions, is assigned the quantities depending on their representativeness accredited.
The Superior Council of sports can sign agreements with these associations so that the resources obtained are used to facilitate insertion into the labour market of those athletes at the end of his dedication to football, as well as to finance their operating costs.
2. the payment of them debts liquid, expired and enforceable to the Agency State of Administration tax and to the Treasury General of it security Social will have character preferential to the compliance of the obligations planned in the paragraph previous.
Article 7. Court of audit of the management of the film rights of the national professional soccer league.
(1. within the League national of soccer Professional is shall constitute an organ of control of the management of them rights audiovisual, with them following powers: to) management of the marketing and exploitation of them rights audiovisual, with respect to them standards statutory and regulatory.
(b) proposal to the governing bodies of the National League of professional football from the decisions on the allocation criteria set out in article 5.
(c) control, review and audit of business management and economic outcomes derived from exploitation and co-marketing of audiovisual rights, according to whatever measures it deems appropriate in order to facilitate participating companies learn, with full transparency, all data relating to the marketing and economic performance, as all of the data used to obtain the quantities which each participating entity corresponds perceive each of the concepts.
(d) establish the pattern for production and realization of the audiovisual recording of official competitions of professional character that ensures a common style that promotes the integrity of the competition, compliance with the regulations in force on the holding of matches and the value of the product.
(e) determine them amounts that appropriate perceive to each entity participating by the marketing of them rights audiovisual, in application of the criteria established in the article 5.
(f) obtain and verify the data required to assess the social implementation of participating entities and any other that is necessary in order to determine the income that each corresponds to perceiving games variables.
(g) to publish through the web, before the conclusion of the calendar year in which has begun each season, audiovisual revenue-sharing criteria, the quantities corresponding to each participating entity and the quantities provided in compliance with the obligations laid down in article 6.1.
(h) any other that comes you attributed by this provision or that is delegated him by the relevant bodies of the national professional soccer league.
2 this control body, whose composition will be renewed each season, will be composed of the following members: to) the two clubs or sports corporations receiving more income for audiovisual rights derived from nationally in the last five years.
(b) different from the previous section, two clubs or sports Division corporations, elected in voting equipment in that category.
(c) a club from the second Division chosen by the clubs or societies anonymous sports of that category.
(d) the President of the National League of professional football, whose vote will settle any ties in the voting.
3. the Consejo Superior de Deportes and the Royal Spanish Football Federation will be called to meetings of this body, and may participate with voice but without vote.
In the same way, will be also invited to meetings of the organ of control of the management of audio-visual rights, and may participate with voice but without vote, the State tax administration agency and the Treasury General of the Social Security, as public creditors, insofar as any of the clubs or partners have amounts pending payment to any of the aforementioned administrations.
4. the members of this body must notify the President of the National League of professional football any situation of conflict of interest, direct or indirect, which might have for the exercise of their functions. In any case, means that there is a conflict of interest when converge in the organ Member the reasons provided for in article 28.2 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
The Member concerned will refrain from intervening in agreements or transactions to which the dispute relates and, in case of failure to do so, you will be challenged, without prejudice to the liabilities that might be incurred.
Article 8. Specialties in the marketing and distribution of audiovisual rights of the Copa de S.M. The King and the Supercopa.
1. the Real Federación Española de Fútbol may market directly the audiovisual rights of the Copa de S.M. The King and the Supercopa of Spain, in accordance with article 4.
The Royal Spanish Football Federation shared the income from the marketing of these rights in accordance with the following criteria: to) El 90 per 100 of income will go to the National League of professional football teams and they will be allocated in accordance with the rules laid down in article 5. For the purposes of the application of criterion 1 of the letter b) article 5.3, shall be taken into consideration only to entities that rescheduled the round of last sixteen of the competition during the last five seasons, with the following weighting: champion 22 per 100; Runner up, 16 per 100; Semifinalists, 9 by 100, quarters of Final, 6 by 100, eighth of end, 2.5 per 100.
(b) the 10 by 100 remaining is allocated to the promotion of the football amateur and to them teams of other categories that participate in the competition.
(In the breast of the Real Federation Spanish of football, is shall constitute an organ of management of the same composition that the established in the article 7, with two specialties: to) the President of the League national of soccer professional will be replaced by the President of the Real Federation Spanish of football.
(((((b) will be member of the organ a club from the second Division B, chosen by them clubs or societies anonymous sports of that category this organ will have them functions planned in them lyrics to), d), e) and g) of the article 7.1 referred to them competitions that explode or marketed.
(2. Alternatively, the Real Federation Spanish of football may entrust the marketing of these rights to the League national of soccer professional, respecting them following rules: to) are excluded of this entrusted the party end of the cup of S.M. The King and the Supercopa of Spain, that will be traded or exploited directly by the Real Federation Spanish of football.
(b) the Real Federation Spanish of soccer will receive of the League national of soccer professional, as consideration, the amount greater between the 1 by 100 of them income total obtained by the marketing joint of them rights audiovisual of the Championship national of League or ten million of euros updated.
(c) the Royal Spanish Football Federation no obligation to financially compensate any of the professional football teams and will allocate the percentage of the received consideration determined by its General Assembly participating companies from the non-professional categories that rescheduled S. M. King Cup.
((d) the League national of soccer professional shared them income that get of the marketing of these rights between them participating in the Championship national of League, of conformity with them rules planned in the article 5, applying them criteria sports planned in the letter to) of the paragraph 1 of this article.
In case of joint marketing with the audiovisual rights of the National League Championship, the cast will take place in accordance with the provisions of article 5, with the following specialties in the application of the criterion 1st letter b): 1 22 per 100 will be allocated depending on sports results in the National League Championship, in accordance with the rules laid down in the own article.
2nd the 3 by 100 remaining is assigned depending on them results sports in the cup of the King, according to the criteria provided in the paragraph 1 of this article.
(e) entities that participate in the National League Championship shall contribute to the expenses for the promotion of competition in the terms established in article 6.
3. in any case, the Real Federación Española de Fútbol fully allocated the income obtained from the marketing and exploitation of the audiovisual rights of the Supercopa of Spain and the Cup final of S. M. King to the promotion of amateur football.
Article 9. The Higher Council for sports arbitration.
1. the entities sports participating in a competition of football professional, in accordance with what have their standards regulatory, may submit to the arbitration of the Council top of sports them discrepancies that could raise is in relation to the marketing and exploitation of them rights audiovisual.
2. the arbitration proceedings shall be governed by provisions of law 60/2003, of 23 December, arbitration. Before dictate award, the Council top of sports shall seek the report of the Commission national of those markets and the competition.
3. the Government, through real Decree, will establish them standards that regulate the exercise of it function arbitration by the Council top of sports, ensuring the transparency in the designation of them referees and its independence.
First additional provision. Payment of debts with public administrations.
1. the national Professional Soccer League may use all rights which has legally transferred as collateral for funding, with the exclusive purpose of facilitating clubs and participating entities comprising the resources to repay their debts with public administrations.
The national Professional Football League must impact on each participating entity whose debts have been cancelled, total or partially, these financial resources the corresponding amount, guaranteeing the return of the same.
Insofar as not is has effected it referred cancellation of the amount full of them debts with it funding obtained according to the paragraph previous, it League national of football professional will ensure that the system of cast finally agreed not means a prejudice of them rights and guarantees that boast both it Hacienda public as the Treasury of it security Social in relation to its situation in date immediately previous to the enactment of the present real decree-law.
2. in no event this distribution system will mean a decline in the rights and guarantees of debts with the Treasury and the Treasury General of the Social security that kept the football clubs and sporting societies holders of rights which regulates the present Royal Decree-law.
They shall remain in full force all embargoes, precautionary measures, guarantees or any other conditions by virtue of the commitments undertaken by agreements of postponements or subdivisions, suspensions, General or special agreements signed within the framework of a bankruptcy process that borne by present and future rights which all referred to this Royal Decree-Law until the complete cancellation of debts which payment guarantee.
Of be required the formalization of new guarantees, the League national of football professional and the Real Federation Spanish of football, as entities distributors, is surrogated in the obligation of formalize them from the debtor and will respond of the Constitution of them same.
Particularly, in the case of existing pledge, guarantee quorate or constitute, or however that relate to audiovisual rights or credits, effects and values of any kind made on them, as well as any general or special payment agreements signed within the framework of a bankruptcy process, both the Treasury and the Treasury of the Social Security , the National League of professional football and, in his case, the Real Federación Española de Fútbol, will respond jointly and severally income tax debts to the complete satisfaction of the agreed consideration in its day, and will do so in the same material and temporary conditions in which such satisfaction was secured by the pledge, guarantee, Lien, agreement or any other condition originally constituted.
The actions of the tax administration may understand directly with officer, which will be payable the tax debt, without requiring prior administrative act of derivation of responsibility, referred to in article 41.5 of the Act 58/2003, of December 17, General tax.
Provision additional second. Television media of payment services.
In the case that a single person or entity acquires exclusive rights to the live broadcast of soccer matches corresponding to the National League of first Division Championship through audiovisual communication services television of payment, to the national level, it should provide sufficient notice to providers of pay television media so request access at least, to a basic sign of these contents, in objective, transparent and non-discriminatory conditions.
The parties will freely negotiate the access agreements referred to in this article and its conditions, including the economic considerations. Either party may submit a dispute over access and their conditions to the National Commission of markets and competition, which, after hearing the parties, shall issue a binding resolution on the extreme object of the conflict, within the period indicated in the Act 3/2013, 4 June, creation of the National Commission of markets and competition , without prejudice of that can adopt is measures provisional until the moment in that is issued the resolution final.
Available to transient first. Implementation of the new system of acquisition and sale of rights audiovisual.
1. from the entry into force of this Royal Decree, any club or institution participating in an official competition of professional football may sign individual contracts of sale of audiovisual rights, unless you obtain the authorisation of the marketing entity and that the duration of the contract does not extend beyond the date of expiry of the last contract in force.
2. the system of marketing joint of them rights audiovisual planned in this real decree-law will be of application starting from the season in which expires the validity of the last contract of exploitation of rights audiovisual that had subscribed individually a club or entity that participates in the competition.
When the audiovisual rights of a season have not been marketed as individually by, at least, 80 by 100 participants in the National League Championship, the national Professional Football League may proceed to the joint marketing of rights not sold individually.
Sports entities that had sold them already, may ask the National League of professional football that includes them in the joint marketing, assuming such entities obligations or claims that may arise against the entities that had acquired those rights.
3. the National League of professional football and, in his case, the Real Federación Española de Fútbol, may negotiate with the exploitation and commercialisation of the audiovisual rights of the competition awarded the early termination of contracts, guaranteeing clubs and sports corporations that the full amount of the agreed consideration them had been sold.
This resolution early in no case may assume a prejudice to the interests of them creditors of them clubs and societies anonymous sports that had sold their rights.
In particular, in case of embargoes of credits, effects, values and rights both public finances and the General Treasury of the Social Security, the national Professional Football League and, in his case, the Real Federación Española de Fútbol, in proportion to the amount marketed by each of these two entities shall enter, at the time of early termination of contracts , the total amount of the debts included in the aforementioned embargoes.
Second transitional provision. Guarantee of the level of income of those participating in the Championship national's League.
1 during the first six seasons after the commissioning of the marketing system joint audiovisual rights approved in this Royal Decree, is guaranteed income level of clubs and entities participating in the National League Championship in the following assumptions and terms: to) if the amount available for the deal between the clubs and participating entities , in accordance with article 5(1), it is less than the sum of income earned by all participants for the individual marketing of audiovisual rights in the 2014 season / 2015, they shall not apply or the distribution criteria laid down or the limits of article 5 and the amount corresponding to each participant will result from reducing the amount received each in that season in proportion to the decrease in the total revenues collected.
(b) if the amount available for the cast between them clubs and entities participating outside upper to the sum of them income obtained by all them participating by it marketing individual of them rights audiovisual in the season 2014 / 2015, but by application of them criteria of cast it amount corresponding to any of them clubs and entities participating was lower to it effectively entered by that club or entity in that season , not will be of application them limits of the article 5.5 and is will reduce them amounts to perceive by the clubs or entities with balances positive of form proportional to their participation in the increased global of income. The quantities thus reduced acrecerán them amounts of them clubs and entities with balances negative until reach the 100 by 100 of the amount of them income obtained in the season 2014 / 2015 by each one of them.
2 corresponds to the planned organ article 7 verify the quantities which each participant sports entity received in the 2014 season / 2015.
Sole repeal provision. Repeal legislation.
(Are repealed few provisions of equal or lower range is opposed to it provisions in this standard and, in particular: to) the article 21 of the law 7 / 2010, of 31 of March, General of the communication Audiovisual.
(b) the additional provision fourth of the Real Decree 1835 / 1991, of 20 December, Spanish sports federations and sports associations registration.
First final provision. Modification of the law 7 / 2010, of 31 of March, General of the communication Audiovisual.
Article 19.3 of the law 7/2010 of 31 March General Audiovisual Communication, is worded as follows: ' 3. the right to broadcast exclusively cannot limit the right to information of the citizens.» The service providers of audiovisual communication which have hired exclusively the emission of an event of general interest to the society should allow remaining providers issuing a brief informative overview in reasonable, objective and non-discriminatory conditions. This service will be used only for general news programmes and may only be used in the services of audiovisual communication at the request if the same communication service provider offers the same program delayed.
Not will be callable consideration any when the summary information on an event, joint unit of events or competition sports is issued in an informative of character general, in deferred and with a duration lower to ninety seconds. The exception of consideration does not include, however, costs necessary to facilitate the preparation of the summary information. During the emission of the overview must ensure is the appearance permanent of the logo or brand commercial of the entity organizing and of the sponsor main of the competition.
«The providers of the service of communication audiovisual can access, in the area authorized, to them spaces in which is celebrate such event.»
Second final provision. Modification of law 10/1990 of 15 October, the sport.
Modifies Law 10/1990, of 15 October, sport, in the following terms: one. (((The letter r) of the article 8 passes to rename is as s) and is adds a new letter r), with the following drafting: «(r) it administration of the arbitration and the designation of arbitrators in relation to them discrepancies that can raise is on it marketing and exploitation of them rights audiovisual in them competitions official of football professional and in any another matter that is them submit.»
Two. Amending the wording of article 22, which is drawn up in the following terms: "1. any natural or legal person who purchase or sell a significant stake in a sporting limited company must be notified, in the terms established by law, to the Higher Council for sports scope, term and conditions of the acquisition or disposal.»
Where the information provided does not allow determining shares owned or acquired indirectly by the same natural or legal person, the Superior Council of sports may request the purchaser any information or documentation on the composition of the shareholding and the identity of administrators in companies of the same group and dominant societies, as well as carried out through intermediary business.
Means meaningful participation in a sports Corporation one comprising shares or other securities convertible into them or who can give right directly or indirectly to its acquisition or subscription so that the acquirer pass and leave have, together with those who already possess, a participation in the capital of the equal society or a multiple of five percent.
2. any natural or legal person intending to acquire shares of a corporation, sports or values that could give law directly or indirectly to your subscription or acquisition so that, together with those who possess, pass to have a share in the total number of the voting rights of society equal to or greater than twenty-five per cent, shall obtain authorization of the higher Sports Council and in the event that the purchaser is a natural person or legal resident in countries or territories with which there is an effective exchange of tax information, it shall appoint a representative in Spain.
The Superior Council of sports may only refuse the authorization in the cases mentioned in the following article. If not it the following express resolution within the period of three months from the receipt of the request shall be granted authorization.
3 a the effects provided for in this article, shall be considered owned or acquired by the same natural or legal person: a) the shares or other securities owned or acquired by the entities belonging to the same group as this is defined in article 4 of law 24/1988, of July 28, the stock market;
(b) the shares or other securities owned or acquired by other persons acting in their own name but on behalf of that of concerted or forming with it a decision to drive through any type of legal, commercial, services of counseling or family bonding.
It is understood, unless there is evidence to the contrary, the members of its Board of Directors acting on behalf of a legal person or in concert with her.
In any case be taken into account both the Sunday ownership of shares and other securities as the voting rights they enjoy under any title.»
Three. Amending the wording of paragraphs 1 to 4 of article 23 as follows and are renumeran current paragraphs 4, 5 and 6, which happen to be paragraphs 5, 6 and 7: «1. Sports corporations and clubs taking part in professional competitions of State-level may not participate directly or indirectly in the capital of another sports company to take part in the same competition or being different, belong to the same sport.
2. any person physical or legal that direct or indirectly holds a participation in them rights of vote in a society anonymous sports equal or superior to the five percent may hold direct or indirectly a participation equal or upper to said five percent in another society anonymous sports that participate in the same competition or, being different, belong to the same mode sports.
3 shares of a sports Corporation may. nor purchased or other values that directly or indirectly can give right to your subscription or acquisition when it can produce the effect of adulterate, distort or alter the normal development of the competition in which the company participates.
4 the Superior Council of sports may accordingly agree the suspension of the appointment of administrators and the exercise of the right to vote or other rights politicians in sports entities participating in professional competitions in the following cases: to) when obstruction, resistance or refusal to provide relevant information or documentation prevents to verify compliance with the obligations in respect of the acquisition of significant shareholdings.
(b) when is check the inaccuracy or falsehood in the statements that are have made or of them documents that is have contributed.
«(c) when the designation of them administrators or the realization of business on them actions of them societies anonymous sports or of other entities sports may adulterate, distort or alter the normal development of the competition.»
Four. (Is modifies the letter to) of the article 76.3, that is drafted in them following terms: «(to) the breach of them agreements of type economic of the League professional corresponding, included any agreement validly taken by them bodies of representation of these entities that affect to the control economic and budget of their entities associated.»
Third final provision. Regulatory development.
He Government, by Royal Decree, may adopt them measures regulatory necessary for the development and application of it willing in this provision legal.
Available to finish fourth. Entry into force.
This Royal Decree shall enter into force the day following its publication in the "Official Gazette".
Given in Madrid, the 30 of April of 2015.
The President of the Government, MARIANO RAJOY BREY
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