Key Benefits:
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, and after deliberation of the Council of Ministers at its meeting of the 17th of February 2017,
DISPONGO:
Single article. Amendment of the Organic Law 3/2013, of June 20, of protection of the health of the athlete and the fight against doping in the sport activity.
The Organic Law 3/2013, of 20 June, of protection of the health of the athlete and the fight against doping in sport, is amended as follows:
One. Article 17 is amended as follows:
" Article 17. Authorizations for therapeutic use.
1. National athletes may apply for a therapeutic use authorization to the Committee for Therapeutic Use Authorizations, attached to the Spanish Agency for Health Protection in Sport, which will apply the evaluation criteria. contained in Annex II to the International Convention against Doping in Sport and in the rules for the granting of authorisations for therapeutic use adopted by the World Anti-Doping Agency.
In the case of international athletes, it will be up to the International Federation to grant the authorization of therapeutic use that will have full value in the competitions and state sports activities.
2. The authorizations for therapeutic use that are issued in accordance with this Law and the provisions that develop it, as well as the corresponding complementary documents, must be kept in the custody of the Spanish Health Protection Agency. in Sport.
3. In the event that an authorisation for therapeutic use by an international body has been issued to a national athlete, the athlete or the person who is to be designated for that purpose is obliged to forward a copy to the Spanish Agency for Health Protection in Sport for its registration, since the beginning of the validity of the same. The Spanish Agency for Health Protection in Sport will coordinate the information with the World Anti-Doping Agency regarding the authorizations for therapeutic use.
If a national athlete who enjoys a therapeutic use authorization acquires the status of an international athlete, he must immediately inform the relevant international federation. If the International Federation considers that its authorization for therapeutic use is not valid, the athlete or the Spanish Agency for Health Protection in Sport will have 21 days to raise the issue with the World Anti-Doping Agency. During that period the authorisation for therapeutic use shall remain valid. The decision of the World Anti-Doping Agency must be complied with by the Spanish Agency for Health Protection in Sport, without prejudice to the athlete's right to raise the corresponding resources.
4. Sports disciplinary bodies may not consider authorisations for therapeutic use which are not duly registered with the Spanish Agency for the Protection of Health in Sport or for which the latter does not obtain sufficient evidence through the World Anti-Doping Agency. "
Two. A new Article 17a is added with the following content:
" Article 17a. Conservation of samples and analysis of samples.
The samples obtained in the doping tests may be analysed immediately after collection, either in order to detect the banned substance and methods or to draw up a profile of the parameters. biological of the sportsman. They may also be stored with due conservation guarantees in order to be tested at any later time, but always within 10 years of collection. "
Three. Article 20 is amended as follows:
" Article 20. Of the competence for carrying out the controls.
1. The programming and implementation of the controls in competition and outside it corresponds to the Spanish Agency of Health Protection in Sport.
2. In the case of doping controls carried out in competition or out of competition to sportsmen, the tests for the detection of substances and methods prohibited in sport must be carried out in laboratories with international accreditation or approved by the World Anti-Doping Agency or approved by the State.
3. They shall also have an effect on the administrative procedures in Spain for analyses carried out by laboratories accredited or approved by the World Anti-Doping Agency.
4. The Autonomous Communities may conclude with the Spanish Agency for Health Protection in the Sport Cooperation Agreements with a view to their taking over the exercise of the powers in the field of doping control which they correspond to. in respect of licensed sportsmen and sportspersons issued by their respective regional sports federations and in evidence of a regional level. "
Four. Article 21 is amended as follows:
" Article 21. Responsibility of the athlete and his/her environment.
1. Sportspersons falling within the scope of Chapter I of Title II shall maintain active conduct in the fight against doping and the use of prohibited methods in sport and must ensure that no prohibited substance is introduce into your body and that they do not use any prohibited method, being responsible for the detection of the presence of the prohibited substance or its metabolites or markers or the use of a prohibited method in the terms established in this Law.
2. The athletes, their federative or personal trainers, managers, as well as the clubs and sports teams to which the sportsman is attached, shall be responsible for the failure to comply with the obligations imposed in relation to the usual location of sportsmen.
3. Athletes, their coaches, doctors and other health personnel, as well as club and sports organisation managers, will respond to the infringement of the rules governing the obligation to provide the competent bodies with information on the diseases of the athlete, medical treatment to which he is subjected, reach and responsible for the treatment, where he has authorised the use of such data.
In the same way, they will respond to the non-compliance with the obligations imposed by the authorization of therapeutic use or the non-compliance with the obligation to request it.
4. The provisions of this provision are wiould directly affect all levels of the organization, planning and development of public sports policies but also professional and amateur practice of sport and the right to health of those who practice. Thus, this normative intervention avoids the immediate damages that the lack of incorporation of the Code would produce in the general interest linked with the promotion of the sport and the health of the sportsmen, values that the society has empowered In recent years, it has been intensely dedicated to its individual and social transcendence.
On the other hand, and since 31 December 2016 ended the Programme for the Rio de Janeiro 2016 Games, it is necessary and urgent to approve the tax incentives that will apply to the Program of Rio de Janeiro 2016. The preparation of the Spanish athletes of the Tokyo 2020 Games, giving continuity to the regulation that has been applied in the previous Olympic cycles nalties.
1. The commission of the very serious infringements referred to in Article 22 (1) (a), (b) and (f) shall be punished by the imposition of the suspension of a federal licence for a period of two years, and a fine of EUR 3,001 to EUR 12 000.
However, a suspension of the licence will be imposed for a period of four years when the offence has not been committed with a specific substance or where still the Spanish Agency for Health Protection in The Sport demonstrates that the infringement was intentional.
If the offence has not been committed with a specific substance, the athlete may prove that the offence was not intentional, in which case the suspension will be two years.
The appreciation of intentionality will be the responsibility of the competent body to impose the sanction. In any event, it will be considered that there is no intention when the athlete did not know that there was a significant risk of an infringement of the anti-doping rules arising from his conduct.
The infringement shall be presumed to be unintentional for an adverse analytical result affecting a specific substance prohibited only in competition if the athlete can prove that the substance was used only outside the competition.
The infringement shall not be considered intentional for an adverse analytical result affecting a non-specific substance prohibited only in competition if the athlete can prove that the substance was used only outside the competition in a context unrelated to sports activity.
2. The commission of the very serious infringements referred to in Article 22.1.c) and e) shall be punished by the imposition of the suspension of a federal licence for a period of four years, and a fine of EUR 12,001 to EUR 40,000.
However, in the case of non-compliance with the obligation to undergo anti-doping checks, the athlete may prove that the infringement was not intentional, in which case the suspension will last for two years. years.
In such cases if the alleged person responsible for the offence voluntarily admits the existence of the infringement once he has received notification of the initiation of the sanctioning procedure, the penalty may also be reduced. up to two years of suspension of the licence, taking into account the circumstances of the case, following a favourable report by the World Anti-Doping Agency.
3. The Commission for the very serious infringements referred to in Article 22 (1) (g) and (h) shall be subject to the imposition of the suspension of a federal licence for a period of between four years and a definitive disablement, and a fine of EUR 40,001 to EUR 100 000. If the Spanish Agency for the Protection of Health in Sport was aware that the acts sanctioned could constitute an infringement of non-sports or anti-doping rules, it will be brought to the attention of the judicial authorities according to the provisions of Article 33 and, where applicable, of the professional colleges or entities concerned.
4. The committee on the very serious infringements referred to in Article 22.1. (d) shall be punishable by the imposition of the suspension of a federal licence for a period of between two and four years, and a fine of EUR 12,001 to EUR 40,000.
5. The commission of the very serious infringements referred to in Article 22 (1) (i) and (l) shall be punished by the imposition of the suspension of a federal licence for a period of two years, and a fine of EUR 3,001 to EUR 12 000.
6. The commission of the very serious infringement provided for in Article 22 (1) (j) shall be punished by the imposition of the suspension of a federal licence for a period of time equal to the period of penalty imposed on the penalty broken, and fine of 12,001 to EUR 40,000. This period of suspension will be added to the tax initially.
7. The commission of the very serious infringement provided for in Article 22.1.k) shall be punished by the imposition of the suspension of a federal licence for a period of time equal to that which would correspond to the attempted conduct and a fine of equal value to the which would correspond to that one.
8. The commission of the serious infringements referred to in Article 22.2.a) and (c) shall be penalised by the imposition of the suspension of a federal licence for a period of two years, and a fine of EUR 12,001 to EUR 40,000.
However, the suspension may be reduced to one year provided that the Spanish Agency for Health Protection in Sport, taking into account the circumstances of the case, considers that the infringement has not been committed for the purpose of avoid being subjected to doping controls.
9. The commission of the serious infringement provided for in Article 22 (2) (b) shall be punished, provided that the sportsman accredits the absence of any significant fault or negligence, with a warning or with the imposition of the suspension of a federal licence. a period of up to two years, and a fine of EUR 3,001 to EUR 12,000. The same rule shall apply to cases where it is established that the prohibited substance was derived from a contaminated product.
10. The commission of the serious infringement provided for in Article 22 (2) (d) shall be punished by the imposition of the suspension of a federal licence for a period of one to two years, and a fine of EUR 3,001 to EUR 12 000
11. Where any infringement involving the suspension of the federal licence or the lifetime of the licence has been committed by a person who is not previously licensed, the penalty to be imposed shall be the deprivation of the right. to obtain the license for the same period established for those who did so. "
Seven. Article 24 is amended as follows:
" Article 24. Penalties for clubs, sports teams, professional leagues, public or private organizations of sports competitions, entities responsible for sports facilities and sports federations.
1. Where the very serious infringements provided for in Article 22.1 are committed by the clubs, sports teams, leagues, public or private organisations of sporting competitions, entities responsible for sports facilities or Sports Federations shall be imposed on those responsible for the same, in consideration of the seriousness of the facts, one or more of the following sanctions:
a) Multa from 30,001 to 300,000 euros.
When a minor is involved in the aforementioned conduct, or in the event of a recidivism, the penalty will be 40,000 to 400,000 euros.
b) Loss of points, eliminations or positions in the classification of the competition.
c) Category or division Descent.
2. The commission of the serious infringements referred to in Article 22.2 of this Law will impose the penalty of a fine of 10,000 to 30,000 euros. Where a second time is incurred in any of the unlawful acts referred to above, the conduct shall be classified as a very serious infringement and shall give rise to the application of the penalties for fi who is serving a period of suspension for any infringement in the field of the fight against doping, imposed by Spanish or foreign authorities, which has been convicted of a doping offence in Spain or outside Spain, or has been sanctioned by a professional or (a) disciplinary action for acts which have constituted doping in accordance with this Law. In such cases, the athlete and the service provider must be heard in the course of the procedure. "
Six. Article 23 is amended as follows:
" Article 23. Pe th the provisions of Article 36 of this Law.
4. Before applying any reduction under this rule, the applicable suspension period shall be determined in accordance with the rules laid down in Articles 23 to 26 of this Law. In the event of two or more extenuating circumstances of those provided for in this Article and the sportsperson proving his right to a reduction in the period of suspension, the penalty for the offence committed may be reduced. up to the fourth part of the suspension period which should be applied in case of no attenuation.
In the event that the infringement in which the mitigating circumstances are present is the second offence committed by the infringer, the applicable suspension period shall be fixed in the first place in accordance with Article 28 of this Law and the corresponding reduction shall be applied for the relevant period. Following the application of the extenuating circumstances, the period of suspension shall be at least the fourth part of the period of suspension which should be applied in the event of no mitigating circumstances. "
Once. Article 28 is amended as follows:
" Article 28. Multiple violations.
1. The second infringement of the anti-doping rules within the period of 10 years from the commission of the first will lead to the imposition of a penalty which will consist of the suspension of the federal license for the greater of the following periods:
a) Six months.
b) Half of the period of suspension imposed on the first violation of the anti-doping rules without taking into account the attenuants that could have been applied.
c) Double the period of suspension that would be applied to the second infringement considered as a first infringement without taking into account the attenuants that could have been applied.
2. The commission of a third infringement of the anti-doping rules within the 10-year period from the commission of the first shall give rise to the disablement in perpetuity of the sports licence, unless one or more attenuating or an infringement of Article 22 (2) (a) of this Law, in which case the duration of the suspension imposed may not be less than eight years.
In all cases of multiple infractions, the pecuniary sanction corresponding to Article 23 of this Law shall be imposed.
For the purposes of the above two paragraphs, account shall be taken of the existence of sanctions imposed by foreign anti-doping authorities which fulfil the necessary requirements for their recognition in accordance with the Article 31.2 of this Law.
3. The Spanish Agency for the Protection of Health in Sport will contrast with the World Anti-Doping Agency and the International Federation concerned the existence of previous infringements in cases where the affected could have been subjected to of other sanctioning procedures other than the Spanish Agency for Health Protection in Sport.
4. It will not be possible to impose the penalties provided for multiple infringements if the first sanction had not been legally notified to the sanction. In this case, a new sanctioning procedure will be dealt with by the commission of the two infractions, which will be considered as a single infringement, and will be punished by imposing the most severe sanction.
5. The same rule provided for in the previous paragraph shall apply to the case where the existence of an earlier infringement is known. If the sanction resolution has already been issued, a supplementary resolution will be issued to punish the second infringement by imposing an additional suspension until the duration of the most severe penalty is reached. a fine equivalent to that which would have been imposed by it. The results obtained in all competitions that go back to the first infringement will be cancelled. The loss of all medals, points, prizes and all the necessary consequences to eliminate any result obtained in such competition will also take place. "
Twelve. Article 30 is amended as follows:
" Article 30. Cancellation of results.
1. The commission of a conduct of those provided in this Law as infractions, by a sportsman in the frame of an individual competition and as a consequence of the realization of a control in competition, will be cause of automatic nullity of the results obtained in this competition, with the loss of all the medals, points, prizes and all the consequences necessary to eliminate any result obtained in this competition, regardless of whether a cause of exemption or mitigation of liability.
2. Outside the case referred to in the preceding paragraph, if a sportsman has committed an infringement of those provided for in this Law during a sporting event or in connection with the event, the competent body may cancel all the proceedings. results obtained by that athlete in that sporting event. Such cancellation will result in the loss of all medals, points, prizes and all the consequences necessary to eliminate any results obtained in this sporting event. Without prejudice to the foregoing, in the event that the athlete proves that he did not contest for his part the fault or negligence in the offending conduct, his individual results in the other competitions other than that in which the infringement shall not be cancelled unless the results obtained in those competitions could be influenced by the offence committed.
3. In addition to the above two paragraphs, all other results obtained in the competitions held since the date of the doping control from which the sanction has been produced or from the date on which it was established will be cancelled. they produced the facts of the infringement until the penalty or the provisional suspension has been imposed, applying all the consequences resulting from such an annulment, unless the decision on the provisional suspension or the sanction had been delayed by causes not attributable to the athlete, and the results obtained in those competitions are influenced by the offence committed. Such cancellation will result in the loss of all medals, points, prizes and all the consequences necessary to eliminate any results obtained at the sporting event.
4. In the field of sports, as long as more than two of its members have committed an offence in the field of doping during the period of the holding of a sporting event, and irrespective of the penalties which may be imposed by virtue of the the provisions laid down in this Law, the disciplinary bodies shall decide on the provenance of altering, where appropriate, the outcome of the meetings, trials, competitions or championships. To this end, they will weigh the concurrent circumstances and, in any case, the decisive participation in the outcome of the encounter, test or competition of those who have committed violations in the field of doping and the involvement of minors in the referred to. "
Thirteen. Article 31 is amended as follows:
" Article 31. Effects of sanctions.
1. The imposition of sanctions related to doping in sport constich case it may reduce the suspension period up to a minimum of two years depending on the seriousness of the offence and the degree of guilt of the person responsible.
d) The collaboration of the sportsman or other person by providing substantial assistance, which allows the discovery or evidence of an infringement of the anti-doping rules, a doping offence established in Article 362 quinquies of the Code Criminal law or infringement of professional standards by another person. The application of this extenuating shall be in accordance wi in the first paragraph of this Article.
5. Decisions taken in the exercise of their own powers by the foreign authorities concerning the reduction of sanctions for doping as a result of the aid referred to in the preceding paragraphs may be recognised in Spain, prior notice to the Spanish Agency for Health Protection in Sport.
6. The provisions of this Article are without prejudice to the powers conferred on the World Anti-Doping Agency under the provisions of Article 10.6.1.2 of the World Anti-Doping Code in its field of competence. '
Sixteen. Section 2 of Chapter II of Title II is amended as follows:
" Section 2. Of the procedure for imposing sanctions on de dopage
Article 37. Competence in the field of sanctioning procedures for the suppression of doping in sport.
1. The disciplinary authority in the field of doping in relation to athletes at national level corresponds to the Spanish Agency for Health Protection in Sport.
The Autonomous Communities may conclude agreements to attribute to the Spanish Agency for Health Protection in Sport the exercise of the sanctioning competition in the field of doping in respect of the offenders or Autonomic scope competitions.
Exceptionally, in cases where, in accordance with the rules for determining jurisdiction applicable to competitions in the autonomous community, no autonomous community has any powers of sanction, since the test outside the territory of your community in respect of a sportsman with a regional license issued by a federation of its autonomous area, which is integrated into the corresponding state federation, the Spanish Agency for Health Protection In the Sport will assume the jurisdiction sanctioning and will initiate the corresponding sanctioning procedure.
The Spanish Agency for Health Protection in Sport will not have sanctioning powers regarding athletes officially qualified by their international federation as international or participating in the sport. international competitions. In these cases, the competition will be the responsibility of the Spanish Federations. Acts which are issued in the exercise of this competence shall be construed as being dictated by delegation of the relevant International Federation and shall not be considered as administrative acts.
By way of exception, such competition may be assumed by international Federations or entities carrying out an equivalent function, subject to the signature of the corresponding agreement with the Spanish Agency for Health Protection. in the Sport in which the conditions under which the competition is to be assumed shall be laid down. The Convention may establish that the exercise of the competence is assumed by the Spanish Agency for Health Protection in Sport even if the ownership continues to correspond to the undersigned Federation or entity. In all such cases, as regards the applicable rules and the procedure, the provisions of Article 1.3 of this Law shall be provided.
2. The instruction and resolution of the sanctioning files on national athletes and those in which the competition is attributed by convention corresponds to the Spanish Agency for Health Protection in Sport. The instructional phase and the resolution of the dossiers should be entrusted to different bodies.
3. The instruction and resolution of the sanctioning files which, for failure to comply with the requirements of this Law, are carried out and which affect the management of the Spanish sports federations, professional leagues and, where appropriate, entities with similar functions, shall be the sole administrative authority of the Administrative Court of Sport.
The procedure will be substantiated in accordance with the rules of Law 10/1990, of October 15, of the Sport, and its regulations of development.
4. If a sportsman or any other person subject to the scope of this Law is withdrawn by bringing an end to his sporting activity in the course of a doping procedure, the body responsible for doping shall be withdrawn. will continue to maintain its competence to bring it to an end. If the withdrawal occurs prior to the initiation of a doping procedure, the competent body at the time of the commission of the alleged infringement of the anti-doping rules shall be aware of such a sanctioning procedure.
5. If the withdrawal takes place during the period of suspension, you will not be able to participate in official competitions until you have communicated in writing to the Spanish Agency for Health Protection in Sport your disposition to be subject to checks at least six months in advance or, if it is greater, equivalent to the period of suspension for which it was required to comply.
Article 38. Loss of effectiveness of license rights.
1. The existence of an adverse analytical result in the analysis of a sample A when a prohibited substance is detected which does not have the consideration of 'specific substance' in accordance with the provisions of the List of prohibited substances and methods, immediately produce the impossibility of exercising the rights deriving from the sports licence.
This effect is without prejudice to the right to counter-analysis in terms that are regulated. Should the athlete make use of this right and the analysis of sample B does not ratify the result of the first control, the measure will automatically be without effect, without prejudice to the obligation of the Spanish Agency for Health Protection in the Sport of notifying the athlete this circumstance.
The measure referred to in the first subparagraph of this paragraph shall be communicated in conjunction with the decision to initiate the procedure of penalties for doping. The person concerned may make representations in order to the extent adopted, and may request the review of the measure if the alleged infringement has been able to intervene in a contaminated product.
2. In any other doping procedure in the field of doping which is in progress, the competent body may, at any time, adopt a reasoned agreement in accordance with the principles of hearing and proportionality. measures of a provisional nature, including the provisional suspension of the federal licence or the failure to obtain it, which are necessary in order to ensure the effectiveness of the decision which may be placed on it, the good end of the procedure or the provisional protection of the interests involved. The measure consisting of the provisional suspension of the federal licence or the disablement to obtain it may be adopted exclusively in cases where the subject of the procedure is constituted by facts established as very serious infringement.
3. The provisional suspension of the licence adopted in accordance with the above paragraphs shall be automatically deemed to be lifted if the body responsible for imposing the sanction has not resolved the procedure within three months of the date of the from its opening, unless the delay has been caused by causes attributable to the person concerned by the sanctioning procedure or thated may be revoked in whole or in part, if the athlete or other person does not finally provide or continue to by providing the substantial support provided for in the preceding paragraphs. The decision on the reintegration of the period of disqualification or deprivation of the right to obtain the licence may be the subject of an appeal under Article 40.1.h) of this Law.
For these purposes, the limitation period for penalties shall be deemed to be suspended until the competent body has ruled on the existence of the unlawful acts referred to ado">Data collected for the purpose of notifications may be incorporated into the common services in relation to the management of citizen contact information.
The sportsman may designate as the address for notification for the purposes specified in this article the club, team or sports entity to which he belongs or that of his representative. At any time during the sanctioning procedure, the expedited service may provide a new address for notifications which shall take effect from that notification, without retroactive effect to the file.
Interested parties who are not required to receive electronic notifications may decide and communicate at any time to the Spanish Agency for Health Protection in Sport, using standard models that are establish the effect, that successive notifications are practised or stopped by electronic means.
Additionally, the interested party may identify an electronic device and/or an e-mail address that will serve to send the notices regulated in this article, but not for the practice of notifications. If the person concerned does not demonstrate otherwise, the person concerned shall be deemed to be an e-mail address for the purpose of sending notices for the purposes specified in this Article, which the athlete provides on the same doping control form.
Regardless of the means used, the notifications shall be valid provided that they permit a record of their sending or making available, of the reception or access by the person concerned or his representative, of their dates and times, of the entire content, and of the identity of the sender and the recipient of the same. The accreditation of the notification made shall be incorporated into the file.
Where the notification is carried out at the address of the person concerned, if the person concerned is not present at the time the notification is delivered, any person over the age of 14 who is in the the address and make its identity clear. If no one is responsible for the notification, this circumstance shall be recorded in the file, together with the day and time at which the notification was attempted, an attempt to be repeated for once and for a different time within three days. next. If the first notification attempt has been made before the fifteen hours, the second attempt must be made after the fifteen hours and vice versa, leaving at least a margin of difference of three hours between the two notification attempts.
Where the person concerned or his/her representative rejects the notification of an administrative action, it shall be entered in the file, specifying the circumstances of the attempt to notify and the processing shall take place. following the procedure.
When those interested in a procedure are unknown, the place of the notification is ignored or, attempted, it would not have been possible to practice, the notification will be made by means of an advertisement published in the " Bulletin State Officer. "
The Spanish Agency for Health Protection in Sport will also be able to publish an announcement in the official bulletin of the autonomous community or the province.
4. The processing of these procedures shall be of a preferential nature in order to meet the deadlines set out in this Law.
5. In the case of a doping procedure, the Administration and the person concerned may use all the admissible means of proof in law, including the biological passport if there are any data on it. Such tests shall be assessed in a joint manner in accordance with the rules of sound criticism.
6. By way of derogation from the above paragraph, the following special test rules shall be applicable:
(a) An adverse analytical result in a doping control shall constitute evidence of a charge or sufficient evidence for the purposes of considering existing offences as defined in Article 22.1.a) and (b) of this Law. For these purposes, the concurrency of any of the following circumstances shall be considered sufficient proof:
-Presence of a prohibited substance or its metabolites or markers in the athlete's A sample when it renounces the analysis of sample B and is not analyzed;
-When the athlete's B sample is analysed, even if the athlete has not requested his analysis, and the analysis confirms the presence of the banned substance or its metabolites or markers detected in sample A of the sportsman;
-If the athlete's B sample is divided into two boats and the second analysis confirms the presence of the banned substance or its metabolites or markers detected in the first pot.
(b) In the event of refusal or resistance to be subject to the controls, the document certifying the refusal by the authorised staff referred to in Article 15 (5) of this Law shall be of probative value, without prejudice to the evidence that, in defence of the respective rights or interests, may be indicated or provided by the parties themselves for the purposes of proving that there was valid justification.
c) It is presumed that the doping control laboratories accredited or approved by the World Anti-Doping Agency carry out the sample analyses and apply the custody procedures in accordance with the applicable regulations, except proof to the contrary that the non-compliance with such standards could be the reasonable cause of the adverse analytical result. The sportsman or other person can demonstrate that the laboratory has contravened the applicable regulation and that this circumstance could reasonably have caused the adverse analytical result which has led to the opening of the procedure, in where the competent body has the burden of proving that such contravention of the applicable rules did not result in the adverse analytical result.
In these cases the Spanish Agency for Health Protection in Sport will put this circumstance in the knowledge of the World Anti-Doping Agency for the purposes of the interposition of a possible appeal against the decision.
(d) The scientific validity of the analytical methods and of the decision limits applied by the duly authorised anti-doping laboratories shall be presumed, unless otherwise proven.
e) Any violation of a rule applicable to doping control procedures that is not the direct cause of an adverse analytical result or another infringement shall not determine the invalidity of the result. If the athlete or other person proves that the violation of the applicable rules could have been the result of the adverse analytical result or of the infringement, the competent body must prove that the offence has not been the same. cause of the adverse analytical result.
f) The alleged infringer may refute all facts and presumptions that harm him, including those referred to in paragraph 6.a) and prove the facts and circumstances necessary for his or her defense.
7. The doping procedure for doping shall be concluded within a maximum of 12 months after the adoption of the opening agreement of the procedure. The expiry of the period laid down in the preceding paragraph without any express resolution shall produce the expiry of the oping or on the location form and, in the absence thereof, those appearing in the Agency. For all purposes, the athlete shall, by providing the e-mail address and the postal address on the doping control form, or on the location form, consent to its use for the purposes of notifications in the any sanctioning procedure or precautionary measure in which it may be immersed. In any event, the notifications made in accordance with the provisions of this Article shall follow the general arrangements laid down in the legislation of the legal system.