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Royal Decree-Law 3/2017, On 17 February, By Which Modifies Organic Law 3/2013, 20 June, For The Protection Of The Health Of The Athlete And Fight Against Doping In Sport, And Adapts To The Changes Introduced By...

Original Language Title: Real Decreto-ley 3/2017, de 17 de febrero, por el que se modifica la Ley Orgánica 3/2013, de 20 de junio, de protección de la salud del deportista y lucha contra el dopaje en la actividad deportiva, y se adapta a las modificaciones introducidas por ...

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. In this regard, the declaration of the Tokyo 2020 Olympic Games preparation programme must be made immediately to obtain the resources of the sponsors of the programme with which grants and expenses are financed. necessary for athletes, teams and technicians with options to obtain Olympic medals to begin the preparation of the upcoming Tokyo 2020 Olympic Games.

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 cyclesnalties.

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. Peth 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 toado">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.

3. The time limit for bringing the action shall be 30 days from the date following the notification of the decision. After this deadline, the resolution will gain firmness.

4. They shall be entitled to use the natural or legal persons affected by the judgment given and in any event:

a) The athlete or subject affected by the resolution.

b) The eventual opposing party to the resolution or those harmed by the decision.

c) The relevant international sports federation.

(d) The anti-doping body of the country of residence of the affected subject.

e) The Spanish Agency for Health Protection in Sport.

f) The World Anti-Doping Agency.

g) The International Olympic Committee or the International Paralympic Committee when the resolution affects the Olympic Games or Paralympic Games.

5. The special resource for doping in sport shall be dealt with in accordance with the rules laid down in Law 39/2015 of 1 October of the Common Administrative Procedure of the Public Administrations for the use of the following Specialties:

(a) The maximum time limit for the resolution and notification of the decision shall be three months, from the date on which the initiation letter has entered the register of the Administrative Court of Sport. Such resolutions shall be communicated by the Administrative Court of Sport in any case to the Spanish Agency for Health Protection in Sport and to the World Anti-Doping Agency.

(b) After that period without express resolution, the interested parties may understand the appeal.

(c) The Administrative Court of Sport shall decide on any questions raised by the proceedings, whether or not they have been raised by the parties concerned. In this case you will hear them previously.

(d) The decisions of the Administrative Court of Sport in this field are immediately enforceable, deplete the administrative route, and against the same persons entitled to them mentioned in the fourth paragraph of this Article may institute proceedings for administrative disputes.

6. Without prejudice to the provisions of the preceding paragraph, the resolutions referred to therein may be appealed against by the World Anti-Doping Agency, the relevant International Sports Federation and the International Olympic Committee or the Committee. International Paralympian to the organ and under the dispute resolution system provided for in their respective regulatory regulations. "

7. Persons subject to the scope of Title II may voluntarily, with the consent of the Spanish Agency for Health Protection in Sport, the World Anti-Doping Agency and the relevant International Federation, to dispense with this appeal and to raise its case before the Court of Arbitration for Sport. For these purposes, the consent of the International Olympic Committee and the International Paralympic Committee will also be needed when the resolution concerns the Olympic Games or Paralympic Games and also the country's anti-doping body. residence of the subject concerned when the country of residence of the athlete is not Spain. '

Eighteen. Sections 1 and 2 of Chapter III 'Health Protection' of Title II are amended as follows:

" Section 1. Health Protection Planning

Article 41. Performance of the Sports Council.

1. The High Council of Sport shall establish an effective policy for the protection of the health of sportsmen and sportspersons and persons engaged in sporting activities.

This policy will be reflected in a Health Support Plan in the field of sports activity that determines the common and specific risks, especially in the light of the different needs of women, men and women. age, as well as specific needs for disability reasons and the prevention, conservation and recovery measures that may be necessary in the light of the risks identified.

Article 42. Personal and material means.

The Superior Council of Sports, in collaboration with the autonomous communities and local authorities, will define the elements, means, material and personnel necessary to contribute to a safer sports practice in all sports facilities, depending on their respective characteristics.

Article 43. Specific character measures.

1. Within the framework of the Plan set out in Article 41, it is up to the Higher Sports Council to carry out, among others, the following activities:

a) Propose criteria and technical rules for competitions and tests of sports modalities to be configured in such a way as to affect neither the health nor the integrity of the athletes.

b) Make proposals on health care to dispense sportsmen and women and on the minimum health care devices that must exist in sports competitions.

c) Make proposals on the treatment of the health of the athletes and the systems of coverage of the athletes.

2. Where the competence for the implementation of the above measures corresponds to the autonomous communities, the High Council of Sport shall act in coordination with these communities and through the cooperation mechanisms to be determined.

Article 44. Research.

1. The Superior Council of Sports, in collaboration with the National Health System and within the framework of the state research plans, will promote scientific research associated with sports practice, to the application of sports activities in the treatment and prevention of diseases and the fight against doping, taking into account the different needs of women, men and minors, as well as specific needs for reasons of disability.

2. For the best achievement of research purposes, the Higher Council of Sports will promote the voluntary adherence of scientific societies and centers and professionals that dedicate themselves to sports medicine, in order to constitute a network of specialised centres in the field, by subscribing to the relevant collaboration agreements.

3. The information provided by how many compose the network will be used for the reconfiguration and updating of the Health Support Plan, with full respect to the data protection regulations of a personal nature.

Article 45. Training curricula.

In the training programmes of sports technicians and other health-related degrees in sport, specific determinations will be included to ensure that teachers have the necessary knowledge in the sport. (a) the level of physiology, hygiene, biomechanics, nutrition and other areas related to it, including the applicati the Spanish Agency for Health Protection in Sport not to recognize the decision of another anti-doping organization, in accordance with the provisions of Article 31 (2) of this Law.

(j) Resolutions on which the suspension or non-suspension of the imposed sanctions is agreed, as well as the suspension or non-repayment of the suspended periods, in the cases provided for in Article 36 of this Law.

2. In accordance with the provisions of Article 37.1, decisions given in relation to sportsmen and women who are officialcle 31.4; (c) Provisional Suspension means that the Sportsman or other Person is temporarily prohibited from participating in any Competition or activity until the final decision is made in the proceedings sanctioning under Article 39; (d) Economic consequences means an economic penalty imposed for an infringement of the anti-doping rules or for the purpose of resarcirse of the costs associated with such an infringement; and (e) Disclosure or Public information means the dissemination or distribution of information to the general public or to Persons not included in the Staff authorized to have prior notifications in accordance with Article 14 of the World Anti-Doping Code. In Team Sports, Teams may also be subject to the Consequences provided for in Article 11 of the World Anti-Doping Code.

10. Economic Consequences: See Consequences of the Infraction of the Anti-Doping Standards.

11. Control: Part of the overall doping control process comprising the planning of the distribution of the controls, the collection of samples, the handling of samples and their submission to the laboratory.

12. Doping control: All procedures ranging from the planning of controls to the resolution of an eventual appeal to the Administrative Court of Sport, including all the steps of intermediate processes, such as: facilitating information on location, collection and handling of samples, laboratory analysis, authorisations for therapeutic use, management of results and the sanctioning procedure.

13. Directed Controls: Selection of specific Sportsmen for the realization of Controls in accordance with the criteria established in the International Standard for Controls and Investigations.

14. Unesco Convention: International Convention against Doping in Sport adopted during the 33rd session of the UNESCO General Assembly on October 19, 2005, which includes each and every amendment adopted by the States Parties signatories to the Convention and the Conference of the Parties to the International Convention against Doping in Sport.

15. Team Sport: Sport that authorizes the replacement of players during a competition.

16. Individual sport: Any non-team sport.

17. Sportsperson: Any person who participates in a sport at international or national level, as well as any other competitor in sport who is subject to the jurisdiction of any signatory or other sporting organisation accepting the Code.

18. Sportsman of international level. Sportspersons defined as such by each International Federation in accordance with the International Standard for Controls and Investigations are considered to be an international athlete.

19. National athlete: It is considered to be a national athlete, for the purposes of this Law, to the sportspersons holding a license issued by a sports federation of regional autonomy that is integrated in the corresponding federation state or holders of a licence issued, in cases where it is legally applicable, by the state federation, which are not of an international level in accordance with the previous definition.

20. Public disclosure or public communication: View "Consequences of the Infraction of Anti-Doping Standards."

21. Duration of the event: Time between the beginning and the end of an event, as established by the body responsible for the event.

22. In competition: means that the period starts from 12 hours before a competition in which the athlete is scheduled to participate until the end of the competition and the process of collecting samples related to it.

23. International Standard: Standard adopted by the World Anti-Doping Agency in support of the Code. Compliance with the International Standard (as opposed to another standard, practice or alternative procedure) will be sufficient to determine that the procedures provided for in the International Standard have been properly implemented. International Standards shall include any Technical documents published in accordance with such International Standard.

24. Event (sports): Series or part of the competitions that are developed under the direction of a single sports body that adopts the rules of participation and organization of the same.

By the territorial scope in which they are developed, they can be classified into:

-International event: An event or competition in which the International Olympic Committee, the International Paralympic Committee, an International Federation, the Organization Responsible for Large Events or another organization International sport acts as the body responsible for the event or appoint the technical delegates of the event.

-National event: A non-international event or competition, regardless of whether national or international athletes participate.

25. Out of Competition: Any period other than On Competition.

26. Monitoring Group: Group of Sportsmen of the highest priority identified separately at international level by the International Federations and at national level by the Spanish Agency for Health Protection in Sport, which are at the same time subject to specific controls at the request and outside of the Competition in the framework of the planning of distribution of the controls of the said International Federation or Agency and which are obliged to provide information about their location in accordance with Article 11.

27. Intent: Voluntary conduct that constitutes a substantial step in the course of a planned action whose objective is the commission of an infringement of anti-doping rules.

28. List of prohibited substances and methods: List approved annually by Resolution of the Presidency of the Superior Council of Sports and published in the Official Gazette of the State, in accordance with the international commitments assumed by Spain, and, in This is the case for the UNESCO Anti-Doping Convention, which consists of all substances and methods which are prohibited in sport and which may be used or used for a doping offence.

29. Fraudulent manipulation: To alter for illegitimate purposes or in an illegitimate manner; to exercise an improper influence on a result; to interfere illegitimately, obstruct, deceive or participate in any fraudulent act to modify the results or to prevent normal procedures from occurring.

30. Marker: A compound, a group of compounds or biological variable (s) indicating the use of a prohibited substance or a prohibited method.

31. Minor: A physical person who has not reached the age of eighteen.

32. Metabolite: Any substance produced by a biotransformation process.

33. Prohibited method: Any method described as such in the list of prohibited substances and methods.

34. Sample: Any biological material collected for the purpose of doping control.

35. Anti-doping organisation: A signatory who is responsible for the adoption of rules to initiate, implement or require compliance with any part of the dop) : The infringement by a Sportsman or other Person of an anti-doping rule may involve one or more of the following Consequences: (a) Annulment means the invalidation of the results of a Sportsman in a Competition or Concrete event, with all the resulting consequences, such as the removal of medals, points and prizes; (b) Suspension means that the Sportsman or other Person is prohibited for a given period of time or in perpetuity, participate, in any capacity, in any competition or activity in the terms of Article 31.3 and obtain financing under the terms of Arti2.

5. The tax benefits of this program will be the maximum established in Article 27.3 of Law 49/2002. However, the amounts paid under sponsorship by the sponsors or sponsors to the entities referred to in Article 2 of Law 49/2002, which are responsible for the implementation of the event's programmes and activities, shall be for the purposes of calculating the limit laid down in the second subparagraph of Article 27 (3) of Law 49/2002, referred to above.

The amounts paid under sponsorship, referred to in the preceding paragraph, shall not be considered as deductible expense in the corporate tax base.

Final Disposition second. Regulatory development and regulatory enablement.

1. The Government is enabled to approve the provisions necessary for the development of this provision.

2. Within six months of the entry into force of this rule, the Government shall approve the amendment of the statutes of the High Council of Sport and the Spanish Agency for the Protection of Health in Sport, in order to adapt its functions and organic structure as foreseen in it.

Third final disposition. Entry into effect.

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

Given in Madrid, on February 17, 2017.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY

assisting athletes participate in or prepare for sports competitions.

42. Possession: Physical or de facto possession (to be determined only if the person exercises or intends to exercise exclusive control of the prohibited substance or method or the place where the prohibited substance or method is found); if the person does not exercise an exclusive control of the prohibited substance or method or the place where the prohibited substance or method is found, the actual possession shall be assessed only if the person is aware of the presence of the substance or prohibited method and intended to exercise control over it; therefore, there may be no infringement of the anti-doping rules on the basis of mere possession if, before receiving any notification which informs him of an infringement of the anti-doping rules, the person has taken concrete measures which show that he no longer has a will and who has renounced her by explicitly declaring it to an anti-doping organization. Without prejudice to any other claim to the contrary in this definition, the purchase (including by electronic or other means) of a prohibited substance or method constitutes possession by the person making such purchase.

43. Contaminated Product: A product containing a Prohibited Substance that is not described in the product label or the information available in a reasonable search on the Internet.

44. Adverse Result in Passport: A report identified as an Adverse Result in the Passport described in the International Standards of the World Anti-Doping Agency, applicable.

45. Adverse Analytical Result: A report by a laboratory accredited or approved by the World Anti-Doping Agency that, in accordance with the International Standard for Laboratories and other related technical documents, identifies in a shows the presence of a prohibited substance or its metabolites or markers or evidence of the use of a prohibited method.

46. Anomalous Result: Report issued by a laboratory accredited or approved by the World Anti-Doping Agency that requires more detailed research according to the International Standard for Laboratories of the World Anti-Doping Agency or documents related technicians before deciding on the existence of an Adverse Analytical Result.

47. Failed Result in Passport: A report identified as a Result Failed in the Passport described in the International Standards of the World Anti-Doping Agency, applicable.

48. Event Headquarters: The venues designated by the Authority responsible for the Event.

49. Signatories: Those entities that are signatories to the World Anti-Doping Code and who agree to comply with the provisions of the Code, as provided for in Article 23 of the World Anti-Doping Code.

50. Information system established by the World Anti-Doping Agency: this is a database management tool located on a website to enter, store, share and report information in order to help the interested parties and the World Anti-Doping Agency in their anti-doping activities together with the data protection legislation.

This system currently has the name of "Anti-Doping Administration and Management System" (ADAMS).

51. Provisional suspension: See further Consequences of the Infraction of the Anti-Doping Standards.

52. Suspension: See above Consequences of the Infraction of the Anti-Doping Standards.

53. Specific substances: Any substance described as such in the List of Substances and Methods Banned.

54. Prohibited substance: Any substance or group of substances described as such in the List of Substances and Methods Banned.

55. Traffic: The sale, delivery, transport, shipping, distribution or distribution (or possession with any of these purposes) of a prohibited substance or a prohibited method (whether physically or by electronic or other means) by a sportsman, the staff of support to the sportsman or any other person under the jurisdiction of an anti-doping organisation to any third party; however, this definition does not include the good faith actions carried out by the medical staff in relation to a prohibited substance used for genuine and legal therapeutic purposes or other acceptable justification, and shall not include actions relating to prohibited substances which are not prohibited outside competition, unless the circumstances as a whole show that the purpose of such prohibited substances is not for genuine and legal therapeutic purposes or intended to improve sports performance.

56. Court of Arbitration for Sport: Independent institution for the settlement of disputes relating to sport through arbitration or mediation by means of rules of procedure adapted to the specific needs of the world of sport.

57. Use: The use, application, ingestion, injection or consumption by any means of a prohibited substance or a prohibited method. "

Twenty. Annex II ' Reoffending is deleted. Violations ".

Final Disposition first. Tax benefits applicable to the "Program for the preparation of the Spanish sportsmen and women of the Tokyo 2020 Games".

1. The "Program for the preparation of the Spanish athletes of the Tokyo 2020 Games" will be considered an event of exceptional public interest for the purposes of the provisions of article 27 of Law 49/2002, of 23 December, tax regime of non-profit entities and tax incentives for patronage.

2. The duration of this programme will cover from 1 January 2017 to 31 December 2020.

3. The certification of the adequacy of the expenditure incurred on the objectives and plans of the programme shall be carried out in accordance with the provisions of Law 49/2002.

4. The performances will be the ones that will ensure an adequate technical-sports preparation of the Spanish athletes for the Tokyo 2020 Games. The development and implementation of specific plans and programmes of activities shall be carried out by the competent body in accordance with the provisions of Law 49/200