Organic Law 11/2021, of December 28, on the fight against

Summary

FELIPE VI KING OF SPAIN

To everyone who sees and understands it.

Know: That the Cortes Generales have approved and I come to sanction the following organic law:

PREAMBLE

I The fight against doping in sport at a global level is being carried out through the World Anti-Doping Programme, which covers all aspects necessary to harmonize collectively actions aimed at combating doping practices. Its ultimate objective is the protection of the health of athletes, although it also aspires to favor the conditions to achieve sports and human excellence, eradicating the use of prohibited substances or methods that adulterate the rules of fair competition and in conditions of equality in the different sports practices.

Although the prevention and persecution of doping in sport pursues and contributes decisively to the protection of health, precisely that other purpose of guaranteeing the development of sports competitions in terms of equality and in accordance with the natural capacities and preparation of athletes, calls for the adoption and implementation of specific and unique measures aimed directly at stopping and eliminating the use of substances and the use of methods that fraudulently alter those natural capacities.

In order to achieve greater efficiency in the elimination of doping practices in competitive sports, and thereby also facilitating better protection of the health of athletes, it has been considered convenient to introduce changes in the regulatory framework of this matter, basically proceeding to delimit the specific powers in the fight against doping from the more general ones related to the protection of health and, consequently, to entrust and circumscribe the exercise of the former to an entity specialized in such tasks, the State Agency Spanish Commission for the Fight against Doping in Sport.

With this law, the process of division of tasks and responsibilities in relation to the specific fight against doping and the more generic protection of health in sport is culminated, which, on the other hand, has already been began with Royal Decree-Law 3/2017, which modifies Organic Law 3/2013, of June 20, on the protection of the athlete's health and the fight against doping in sports, and adapts to the modifications introduced by the World Anti-Doping Code of 2015. Faced with sports doping practices, which are increasingly sophisticated and difficult to detect, it is necessary to adopt especially rigorous actions to prevent them by intensifying controls and, where appropriate, reaction measures in case of occurrence. The reinforcement and intensification of anti-doping measures stands, consequently, in the concrete and specific objective of the law.

II On the other hand, as is well known, the fight against doping has a strong international dimension. The practice of sports today extends throughout the world and the fight against the scourge of doping in sport has become a shared effort between States and the sports movement.

Thus, the first international instrument on the matter was the Convention of the Council of Europe against doping, of November 16, 1989, to which Spain has been a party since 1992.

Within UNESCO, the 2003 International Convention against Doping in Sport was signed by Spain in 2005 and subsequently ratified in 2006. The Convention establishes that the signatory States must use legislative measures, regulations, policies or administrative provisions necessary to comply with the criteria set by the World Anti-Doping Agency, committing the fight against doping by all signatory governments.

Likewise, as the main body to promote the fight against doping at the international level, the World Anti-Doping Agency was created in 1999, configured as an independent foundation that, as a result of the collective initiative of the International Olympic Committee and other institutions, acts promoting, coordinating and monitoring efforts against doping in sport worldwide, with the support of an essential tool to guarantee clean sport, the World Anti-Doping Code, a fundamental document on which the World Anti-Doping Program in sport is based. The purpose of this Code is to promote the fight against doping through the collective and universal harmonization of the efforts of national anti-doping organizations and international sports federations. The Code sets out the specific rules and principles to which those organizations must abide when adopting, applying and enforcing anti-doping rules both internationally and nationally.

The first World Anti-Doping Code was adopted in 2003 and has been followed by new versions that the World Anti-Doping Agency has been approving every six years, in 2009 and 2015. Consequently, on January 1, 2021 it entered into force. A new World Anti-Doping Code is in force, which, by incorporating relevant changes and novelties, also inevitably obliges to readjust Organic Law 3/2013, of June 20, on the protection of the athlete's health and the fight against doping in sports, in order to accommodate them.

It should be borne in mind that the reform of the aforementioned Code, in 2015, was enormously complex and generated numerous difficulties, since, given the lack of adaptation to it of the Spanish regulations, the World Anti-Doping Agency proceeded to the formal declaration of « breach of the Code", in accordance with the provisions of its article 23, which forced the urgent and extraordinary regulatory intervention of the Government, by virtue of Royal Decree-Law 3/2017, of February 17.

At this moment, the impacts derived from a lack of adaptation of the internal regulations to the new version of the Code would directly affect all levels of the organization, planning and development of public sports policies, as well as professional practice and amateur of sport and the right to health of those who practice it. It is unquestionable, therefore, the need to accommodate the Spanish regulations to it, thus avoiding the immediate damage that would otherwise occur in the general interest linked to the promotion of sport and in the individual interests of athletes.

III This law on the fight against doping in sport consists of fifty-nine articles, which are structured into a preliminary title and four titles, four additional provisions, four transitory provisions, one provision repeal and six final provisions. The preliminary title and title IV are divided into two chapters each, and title II into three. Finally, the text is completed with an annex.

The preliminary title contains the general provisions, and comes to clarify and specify, for the sake of greater legal certainty, in Chapter I, the objective and subjective scope of application of the law, as well as the classification of the types of athletes subject to it. At this point, it is worth highlighting the incorporation of the figure of the amateur athlete, in compliance with the new rules contained in the 2021 World Anti-Doping Code.

Similarly, in chapter II, the administrative organization for the fight against doping is determined, playing an essential role by the State Agency Spanish Commission for the Fight against Doping in Sport, new name of the Spanish Agency for Health Protection on the sport; that, in the rest, preserves its nature and essential characteristics. It should be noted, however, the introduction of the Anti-Doping Sanctioning Committee, as a specific body of the Agency in sanctioning matters. Likewise, the Agency will have a body for participation, coordination and monitoring in which the athletes will be represented, as well as the competent bodies and organizations in the fight against doping in the Autonomous Communities.

Next, Title I refers to doping controls, adopting measures that favor a more effective inspection and reactive action against athletes who try to adulterate the rules that must govern all competitions under conditions of equality means, capacity and effort, putting their health and that of others at risk, in accordance with the provisions of the 2021 World Anti-Doping Code; which incorporates for the first time obligations on anti-doping programs and plans at the service of effective action against doping in sport. The types of controls to be carried out are also contemplated, as well as the powers to carry them out, and the conditions and guarantees to be applied by the personnel authorized for this purpose. In order to facilitate the athlete's night rest, the time slot in which an out-of-competition doping control may not be carried out is modified, becoming between 11:00 p.m. and 6:00 a.m., without prejudice to the fact that, in cases duly justified, and in accordance with the principle of proportionality, a control can be carried out in the aforementioned time slot provided that the athlete is informed of the reasons for this.

Likewise, the authorization for therapeutic use of medicines containing prohibited substances is regulated, and the ownership, conservation and analysis of samples obtained in doping controls are ordered, which may be analyzed immediately after collection or at any subsequent time, at the request of different anti-doping authorities, to detect prohibited substances or methods, or to create a profile of the athlete's biological parameters.

For its part, Title II establishes the disciplinary regime for doping. To this end, Chapter I refers to the responsibility of athletes and persons or entities subject to the law, to the classification of doping offenses and the sanctions regime; including the exonerating, mitigating and aggravating circumstances of the responsibility, as well as the causes of extinction of the same. The law constitutes an important advance in the application of sanctioning measures, by differentiating three levels of athletes and accommodating for amateur athletes a more appropriate and proportionate sanctions regime for their importance and sporting relevance.

The definition of the category of protected person also implies a significant improvement, which includes minors and other persons lacking capacity to act, whose protection ranges from the proportionality of the sanction depending on the degree of the offense, to a hardening of the punishment for those who participate in the commission of doping offenses. It also increases the proportionality in the graduation of the sanctions according to the importance of the infraction, giving rise, in addition, to the consideration of a new type of prohibited substances, the so-called substances of abuse in sport, defined as those that society frequently abuses in contexts other than sports. The law recognizes that its use in the sports field must also be eradicated, without prejudice to the fact that this use entails less severe sanctions and, even, in the cases of amateur athletes and protected persons, the sanction may end up being moderated through corrective measures that allow the preventive education of the offenders and the prompt reintegration of the same in a sports practice beneficial to health.

In turn, Chapter II develops the procedure for the imposition of sanctions in the field of doping, ensuring, on the one hand, full respect for the guarantees inherent to the right of defense of presumed offenders and, on the other, the necessary observance of international regulations. The regime of immediate enforceability of sanctioning resolutions stands out, different from that contemplated, in general, in Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations. This specialty responds to two circumstances. On the one hand, the World Anti-Doping Code requires an automatic binding effect of the decisions adopted by the signatory anti-doping organizations; This automatism must be included in the law from the immediate execution of the sanctioning resolutions. On the other hand, the postponement or delay of the effectiveness of these resolutions pending the decision of the appeals filed would cause a delay in the execution that would allow athletes finally sanctioned to prolong compliance with the sanctions for years; so that it would allow them to continue participating in competitions, to the detriment of these and other athletes and, naturally, of the image of Spanish sport and the firm commitment in the fight against doping. All of this, without prejudice to the fact that the body that should hear the appeal may agree to suspend the appealed decision, in accordance with the general rules of administrative procedure.

Finally, Chapter III includes the powers of the Anti-Doping Sanctioning Committee and the appeals that can be filed against its resolutions. With the purpose of improving the management of the procedure for the purification of infractions and the imposition of sanctions, in accordance once again with international regulations, the resolution of sanctioning files for doping infractions is entrusted to this new Committee, which it maintains a high degree of administrative and operational independence in the adoption of its decisions. Its competence will also extend to the knowledge of the special administrative appeal in matters of doping in sport.

Title III refers to the processing of personal data related to doping, and unitarily regulates said processing, adapting it to the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantees of digital rights, in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of these data and repealing Directive 95/46/EC.

Finally, Title IV deals with the control and general supervision of products that may cause doping in sport. It differentiates two chapters, the first of which is dedicated to collecting control measures and supervision of products, medicines and nutritional supplements. These are specific provisions, aimed at guaranteeing adequate control of products likely to cause doping in sport. To this end, the State Agency of the Spanish Commission for the Fight against Doping in Sport is recognized with the power to carry out inspection actions in order to ensure compliance with the law. In the exercise of these actions, the inspectors of the State Agency will be considered a public authority, holding, among others, the power to freely enter establishments or sports facilities, or to take biological samples to verify compliance with the regulations.

Chapter II includes the conditions for the use of these products, as regards the marketing and use of food products, maintaining the obligations to establish information and declaration mechanisms and procedures for such products; as well as the prohibition to sell them in establishments dedicated to sports activities. Likewise, the implementation of specific programs regarding advertising and electronic sales is foreseen.

The law is completed with four additional provisions that classify the State Agency of the Spanish Commission for the Fight against Doping in Sport as a national anti-doping organization. for the Fight against Doping in Sport, and submit the doping control regime for animals in sports competitions to the approval of the corresponding federation, which must in any case respect the regulations approved by the respective international federation and the World Anti-Doping Code; four transitory provisions, relating to ongoing disciplinary procedures, authorizations for doping controls and the competition for offences; a repealing provision; and six final provisions that refer to the modification of article 84 of Law 10/1990, of October 15, on Sports, to the description of the organic precepts of the law, to the enabling competence title, to the supplementary application of the general rules of administrative law, regulatory development, and the entry into force of the law.

Finally, an annex of definitions is included, in accordance with the World Anti-Doping Code system, where 74 concepts are included.

These concepts include the Biological Passport, an effective and reliable instrument in the pursuit of doping in sport.

In short, this new law proceeds to update and modernize the preceding regulations, fully adapting the Spanish legal system to international anti-doping standards, which must mean a clear step forward due to its greater capacity and effectiveness at the time of prevention and reaction to it.

IV This law responds to the principles of good regulation established in article 129 of Law 39/2015, of October 1, and, in particular, to the principles of necessity and effectiveness , since it updates the regulation on the fight against doping in sport and adapts it to current international regulations, especially, to the provisions contained in the new World Anti-Doping Code, in force since January 1, 2021. considers that this standard is the most appropriate instrument to guarantee the achievement of the objectives pursued.

Likewise, it complies with the principle of proportionality, insofar as it contains the essential measures to achieve the objective of establishing anti-doping rules in the field of sports practice in line with the international commitments assumed by Spain; and this with the purpose of guaranteeing the development of sports competitions in conditions of equality and adaptation of the natural capacities of the athletes, avoiding their adulteration through the use of prohibited substances or prohibited methods, in the terms established in the regulations in force.

In accordance with the principle of legal certainty, the regulation is coherent with the rest of the national, European Union and international legal system, insofar as through it its provisions are adapted to national and European regulations on doping and protection of personal data.

Regarding the principle of transparency, all the participation and hearing procedures established by the applicable regulations have been followed in the preparation of the standard. The law is issued under the provisions of article 149.1.16 of the Spanish Constitution, relating to foreign health, bases and general coordination of health, and legislation on pharmaceutical products, and article 149.1.18. ª of the same, relative to the bases of the legal regime of the Public Administrations and the common administrative procedure; and also by the powers provided for in article 149.1.7.ª, 18.ª and 29.ª of the Constitution.

During the processing, the text has been submitted to the audience of the Autonomous Communities, the sports sector and the World Anti-Doping Agency, as well as to public information. Likewise, reports have been collected from the Spanish Agency for the Protection of Health in Sport, the Spanish Agency for Data Protection and the Ministry of Culture and Sport, the Ministry of Health, the Ministry of the Interior and the Ministry of Justice, as well as the competence report and the prior approval of the Ministry of Territorial Policy and Public Function. Finally, it was sent to the Council of State for its mandatory opinion.

PRELIMINARY TITLEGeneral provisions

CHAPTER IObject and scope of application of the law

Article 1 Object of the law

1. The purpose of this law is to establish anti-doping regulations in the field of sports practice in line with the international commitments assumed by Spain, in order to guarantee the development of sports competitions in conditions of equality and adaptation to the own natural abilities of athletes, avoiding their adulteration through the use of prohibited substances or prohibited methods, in the terms established in international regulations and in the law itself.

2. The norms and definitions of this law will be interpreted in accordance with the rules and criteria contained in the World Anti-Doping Code, in the international norms and standards and in the technical norms that make up the World Anti-Doping Program, which for this purpose is published in the "Official State Gazette".

Article 2 Definition of doping

For the purposes of this law, doping is understood to be the commission of one or more of the offenses provided for in article 20.

Article 3 Scope of application of the law

1. The objective scope of application of this law is that of official or authorized sports competitions that are organized within the framework of Law 10/1990, of October 15, on Sport.

2. They are subject to the application of this law, with the scope that, in each case, is determined:

Article 4 Classification of athletes for the purposes of this law

1. The athletes subject to the application of the law are classified as international level athletes, national level athletes and amateur athletes.

2. An athlete defined as such by each international federation, in accordance with the International Standard for Controls and Investigations, is considered an international level athlete.

3. A national-level athlete is considered an athlete who, not having the status of international-level athlete and being federated, meets, or has met in the five years prior to its recognition, one or more of the following conditions:

The status of national-level athlete will be lost after five years have elapsed since the circumstances that determined its acquisition ceased to exist or because the status of international-level athlete has been acquired.

4. An athlete who is not of a national or international level is considered an amateur athlete.

In no case will this condition apply to anyone who, in the five years prior to the commission of an anti-doping rule violation, has been an international-level athlete or a national-level athlete, has represented a country in a competition of international in an absolute or open category (open), or has been included in any registered group of control of an international federation or of a National Anti-Doping Organization.

CHAPTER II Administrative organization for the fight against doping

Article 5 State powers

1. Within the scope of state powers, the Government is responsible for formulating, promoting and directing an effective policy against doping in sport.

2. Likewise, it is the responsibility of the Government to establish a general framework for collaboration with sports entities, including federations, to facilitate the execution of public policies on the matter and contribute to the common commitment to achieve a sport free of practices. doping, healthier and with greater ethical commitments.

Article 6 State Agency Spanish Commission for the Fight against Doping in Sport

1. The Spanish Commission for the Fight against Doping in Sport State Agency is the public body attached to the Ministry with powers in sports policy, as provided for in article 84.1.a). 3rd of Law 40/2015 , of October 1, of the Legal Regime of the Public Sector, through which the anti-doping policies are prepared and executed, corresponding to the planning, carrying out of controls and the processing and resolution of sanctioning files.

2. The organization, functions and procedures of action of the State Agency Spanish Commission for the Fight against Doping in Sport will be determined in its statutes in accordance with the provisions of this law, applying additionally Law 39/2015, of 1 October, Common Administrative Procedure of Public Administrations. In any case, it will have an Anti-Doping Sanctioning Committee, with the nature, composition and functions set forth in Chapter III of Title II of this Law, and a Therapeutic Use Authorization Committee, which will exercise the powers established in Article 17.

Sports agents will participate in its collegiate governing body and, within them, specifically, sports federations.

The Agency will have a body for participation, coordination and monitoring in which the athletes will be represented, as well as the competent bodies and agencies in the fight against doping in the Autonomous Communities.

3. The Spanish Commission for the Fight against Doping in Sport State Agency acts with full functional independence when it establishes and executes doping control measures on athletes subject to this law, and cannot receive orders or instructions from a body or authority some in the exercise of their functions and, especially, in the investigation and resolution of the disciplinary procedures whose competence is attributed to them.

4. In order to carry out the functions attributed to it by its statute, the State Agency of the Spanish Commission for the Fight against Doping in Sport may formalize agreements or concerts with any public or private entity, in accordance with the provisions of Law 40/ 2015, of October 1, and where appropriate, in the legislation of public sector contracts.

5. In its capacity as a body specialized in the investigation, control and execution of the policy against doping in sport, the commission is configured as the state public body for advice and collaboration with the State Security Forces and Bodies, the judicial police and other public powers with powers related to their scope of action and, at their request, with judges and courts.

6. The members of the bodies mentioned in this article and of the others that can be integrated into the commission will be appointed according to criteria of professionalism and wide recognition in the world of sport and the fight against doping, as well as in accordance with the principle of balanced presence of women and men, except for objectively founded and duly motivated reasons. Balanced presence will be understood as 50% women and 50% men.

7. The Spanish Commission for the Fight against Doping in Sport State Agency is governed by the provisions of this law, in section 4 of chapter III, of title II, of Law 40/2015, of 1 October, and in the rest of the regulations that apply to it.

Article 7 Autonomous Communities

1. The formulation of policies on doping control and protection of the health of athletes by the Autonomous Communities, in their respective areas of competence, must be carried out within the framework of the international commitments assumed by Spain and in the treaties and agreements that are applicable in Spain.

2. In the case of official sports competitions at the state level or international sports competitions organized by an Olympic or Paralympic body or by international sports federations, the regional administrations may enter into agreements with the State Agency of the Spanish Commission for the Fight against Doping in Sport or to the international organizations or federations responsible for them in order to physically carry out doping controls.

3. The regional administrations may enter into agreements with the State Agency of the Spanish Commission for the Fight against Doping in Sport or with the responsible regional or international organizations or federations, to carry out doping controls in or out of competition on athletes with a state license. , with a regional license granted by an Autonomous Community, or with an international license.

TITLE IDoping controls

Article 8 Obligations of athletes subject to the law

The athletes subject to this law have the obligation to submit to doping controls that, in accordance with its provisions, are determined by the State Agency of the Spanish Commission for the Fight against Doping in Sport.

Article 9 Activities comprising doping controls

For the purposes of this law, all processes and phases are considered doping controls, from the planning of the distribution of the controls to the final resolution of the appeals, if any, and the imposition of sanctions, including , by way of example only, all intermediate processes and phases, including controls, investigations related to locations, authorizations for therapeutic use, collection and management of samples, laboratory analyses, substantiation and resolution of eventual disciplinary procedure, appeals and their resolution and investigations or procedures related to infractions.

Article 10 Types of controls

1. The controls may be carried out during the competition or out of competition.

2. Out-of-competition controls can be carried out by surprise or by appointment. In the first case, the athletes and other persons subject to this law are obliged to submit to control, and, in the second, they are obliged to appear and submit to it.

The scope and manner of carrying out both control modalities will be adjusted to the protocols and instructions provided for this purpose in the corresponding International Standard approved by the World Anti-Doping Agency.

3. For the performance and greatest possible effectiveness of the controls referred to in section 1, the athletes, their federative or personal trainers, the teams and clubs and the managers, must facilitate, in the terms that are establish by Order of the person in charge of the Ministry of Culture and Sport the data that allows the habitual location of the athletes, so that doping controls can be carried out physically.

Similarly, by means of an Order issued by the person in charge of the Ministry of Culture and Sports, this obligation may be specified, depending on the characteristics of sports practice and the inclusion of athletes in the registered control groups at state level or international.

The information on the usual location of the athletes will be kept in a file in the State Agency Spanish Commission for the Fight against Doping in Sport, which may transfer the data of those athletes included in the monitoring plans of the international federations to the World Anti-Doping Agency for the performance of its functions, prior justification for said inclusion.

This transfer of information may only be carried out for planning, coordination or carrying out controls, and the data must be destroyed when they are no longer useful for said purposes.

In the event that an athlete is included in a registered control group of an international federation and/or by the Spanish Commission for the Fight against Doping in Sport State Agency, the statements made and included in the database of the World Anti-Doping Agency will be considered sufficient for the purposes of compliance with the location obligations provided for in this law when the State Agency of the Spanish Commission for the Fight against Doping in Sport may have access to said data.

4. The athletes, at the time they undergo doping controls, will indicate the medical treatments to which they are subject, as well as who is responsible for them and the scope of said treatments.

Likewise, the athlete's support staff has the obligation to provide said information, unless the latter expressly denies their authorization.

Article 11 Doping controls to be carried out in international competitions held in Spain

1. The responsibility for organizing and carrying out doping controls in international competitions held in Spain corresponds to the International Olympic Committee, the sports federations or international institutions that organize them or those entities to which the aforementioned organization is delegated.

2. Likewise, it corresponds to the aforementioned entities, within the framework of their area of ​​competence, the exercise of disciplinary power, without prejudice to the provisions of article 35, in relation to the effectiveness of the sanctions that they may impose. .

3. The Spanish Commission for the Fight against Doping in Sport State Agency may carry out doping controls in international competitions held in Spain in which the corresponding international federation has not ordered controls to be carried out.

4. The international federations or institutions that organize international competitions in Spain may sign agreements and conventions, ensuring the necessary financing, with the State Agency Spanish Commission for the Fight against Doping in Sport so that it is the latter that materially carries out doping controls in those competitions.

Article 12 Powers to carry out controls

1. The scheduling and carrying out of the controls in competition and outside of it corresponds to the State Agency Spanish Commission for the Fight against Doping in Sport, which will have sufficient funding for such competition.

2. In doping controls carried out in competition or out of competition, the analyzes for the detection of prohibited substances and methods in athletes will be carried out in any of the laboratories accredited or approved by the World Anti-Doping Agency.

However, the Spanish Commission for the Fight against Doping in Sport State Agency may prove the existence of violations of anti-doping rules through any other reliable means, such as forensic studies, relevant parameters in urine, blood or other matrix of the athlete whose use was authorized and recognized by the World Anti-Doping Agency.

3. The Autonomous Communities may enter into agreements with the State Agency of the Spanish Commission for the Fight against Doping in Sport, in order for it to assume the exercise of doping control powers relating to athletes with a license issued by their respective regional sports federations and in regional tests.

Article 13 Planning of controls

1. It corresponds to the State Agency Spanish Commission for the Fight against Doping in Sport to plan, determine and carry out, with its own means or those of others, doping controls.

2. Sports federations and professional leagues may agree with the Spanish Commission for the Fight against Doping in Sport State Agency to carry out additional doping controls that they deem appropriate, charged to their own budgets.

3. The planning of the controls will take into account the most relevant competitions in each sport, as well as the technical elements that are supplied to the State Agency, the Spanish Commission for the Fight against Doping in Sport, in order to obtain maximum efficiency. , and will adequately weigh the competitive activity and the preparation and participation of athletes in major international events. To this end, the federations and, where appropriate, the professional, professional or amateur leagues, must send the necessary information on the competition calendar to the Spanish Commission for Anti-Doping in Sport State Agency.

4. The planning prepared by the State Agency Spanish Commission for the Fight against Doping in Sport will be secret and may not be published or disclosed. The violation of this obligation will be punished in accordance with the provisions of article 50 of this law.

5. The State Agency of the Spanish Commission for the Fight against Doping in Sport, through the person in charge of its Directorate, may reasonably agree to carry out specific controls outside of planning, whether inside or outside of competition, giving transfer of said agreement to the athlete at the time of submitting him to doping control.

Article 14 Guarantees in the practice of controls. Personnel authorized to carry it out

1. Doping controls will always be carried out by personnel expressly authorized by the Spanish Commission for the Fight against Doping in Sport State Agency to carry out this function.

2. The granting of the authorization will require compliance with the capacity, degree and training requirements established by Order of the person in charge of the Ministry of Culture and Sports, in accordance with the provisions of the applicable regulations.

In any case, authorization to carry out controls that consist of extracting the athlete's blood may only be granted to health personnel with legal training to carry out said extraction.

3. The Spanish Commission for the Fight against Doping in Sport State Agency and the competent bodies of the Autonomous Communities may develop a system of mutual recognition of ratings by signing specific agreements.

4. Likewise, doping control functions may be carried out by personnel authorized by international federations, by the World Anti-Doping Agency or by national anti-doping organizations of other countries. The doping controls carried out in this way or any of the actions included in them will be fully valid for the purposes provided in this law.

5. The officials of the Spanish Commission for the Fight against Doping in Sport State Agency and the personnel expressly authorized by it to carry out doping controls will have, in their acts of service or due to them, the consideration of agents of the authority, for the purposes, where appropriate, of the exigency of the responsibility that proceeds to those who resist or obstruct their work of control.

In the exercise of the functions indicated in the first section of this article, the aforementioned personnel may request from the persons referred to in section 2 of article 3 as much information as is necessary for the purposes of doping control or the investigation of any infractions typified in this law and, where appropriate, they will denounce before the competent body for the initiation of the corresponding sanctioning file, the conducts and actions that contravene the provisions established in the same and in its implementing regulations.

Likewise, they may request, through the corresponding government authority, the necessary support from the security forces and bodies.

6. The facts verified directly by the personnel referred to in the previous section will have probative value when they are formalized in a public document, observing the pertinent legal requirements, without prejudice to the evidence that in defense of their respective rights or interests they may point out or provide. the interested parties themselves.

Article 15 Conditions for carrying out controls

1. To facilitate the athlete's night rest, within the time slot between 11:00 p.m. and 6:00 a.m., out-of-competition doping controls will not be carried out, unless the athlete, in compliance of the obligation provided for in article 10.3 of this law, I will set its location at a time included in that time slot.

However, in duly justified cases, and in accordance with the principle of proportionality, it will be possible to carry it out provided that at the time of carrying it out the athlete is informed of the reasons that justify non-observance of the established time limitation in the previous paragraph.

2. Doping controls will be carried out with full respect for the fundamental rights of the person and the protection of their privacy and personal data.

Likewise, they will be adjusted to the principle of minimum intervention, with observance of the principle of proportionality.

3. The athletes will be informed at the time of receiving the notification of the control and, where appropriate, when the collection of the sample begins, of the rights and obligations that assist them in relation to the aforementioned control, of the essential procedures of the procedure and its main consequences, the treatment and transfer of data provided for in this law, as well as the possibility of exercising the rights of access, rectification, deletion and opposition, established in Regulation (EU) 2016/ 679, of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and which repeals Directive 95/ 46/CE, and in Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights.

4. For the purposes of disciplinary procedures in the field of doping, the refusal without valid justification to submit to controls, once documented, will constitute sufficient evidence for the purpose of demanding the athlete's disciplinary responsibility.

The circumstances of time or place or of any other nature that have been intentionally sought or decided by the athlete will not be valid justifications for refusing doping control.

A valid justification is considered to be the impossibility of attending doping control as a proven consequence of an injury that objectively prevents them from submitting to it, or when carrying out the control seriously jeopardizes the athlete's health.

The document proving the refusal without valid justification referred to in the previous paragraph, carried out by authorized personnel, will be sufficient to initiate the corresponding disciplinary procedure, without prejudice to the right of defense of the interested party.

5. The Spanish Commission for the Fight against Doping in Sport State Agency will establish a standard information model for the collection of samples in carrying out doping controls.

Article 16 Competence and registration of medical treatments

1. The federations, clubs, organizations, groups and other sports entities referred to in Title III of Law 10/1990, of October 15, on Sports, or that participate in sports activities or competitions organized in the Within the framework of the aforementioned law, they may require the keeping of a registry book that must be duly registered in the entity that agrees it, and whose integrity there is a guarantee, in which they will record the authorizations for therapeutic use and medical and health treatments. that their physicians have prescribed the athletes under their direction, provided that they authorize said registration; and issuing a copy or certification of each seat, at the request of the athletes, where the doctor or health professional who, under their direction, had prescribed or carried out the medical or health treatment is identified, stating the date and signature or the stamp of the healthcare professional.

The entities referred to in the previous paragraph may complement or replace the record book with centralized database procedures using information and communication technologies and electronic identification, such as digital signatures and history systems. single and centralized electronics.

2. For their part, the federations may internally develop a regulation to formalize and establish the obligations of the clubs that participate in their national competitions with respect to the registration of the medical and health treatments of the athletes.

3. Said books and certifications will be considered a health document for the purposes of access to the information it contains and custody and protection of data, and will be subject to current legislation on rights and obligations of information and clinical documentation. , medical prescription and dispensing orders, and the rest of the general legislation on public health and access to public information.

4. However, the content of these books may be required by the competent body to resolve disciplinary proceedings for doping, or provided at the request of a party as a means of proof in disciplinary proceedings, for the purpose of determining the concurrence of Criteria exempting or mitigating liability for the offenses provided for in this law.

Article 17 Therapeutic use authorizations

1. Athletes can request a therapeutic use authorization from the Therapeutic Use Authorization Committee, attached to the State Agency Spanish Commission for the Fight against Doping in Sport, which will apply the evaluation criteria contained in Annex II of the International Convention against Doping in Sport and the rules for granting therapeutic use authorizations adopted by the World Anti-Doping Agency. The application procedure for therapeutic use authorizations is established in the aforementioned Annex II.

2. The therapeutic use authorizations granted in accordance with this law and the provisions that develop it, will take effect from the date of its granting and for the period of time established therein.

3. The period of one month since the authorization request has entered the competent body for its granting without the express resolution having been notified will determine that it is considered denied, for the exclusive purposes of being able to appeal to the Anti-Doping Sanctions Committee.

4. In the case of international level athletes, the international federation will be responsible for granting authorization for therapeutic use, in accordance with its own regulations. The granting of the authorization, once firm, will have full value in state sports competitions and activities.

5. If the athlete who has a therapeutic use authorization suddenly acquires the status of international level athlete, he must immediately notify the corresponding international federation of possession of that therapeutic use authorization. If the international federation considers that said authorization for therapeutic use is not valid, the athlete or the State Agency of the Spanish Commission for the Fight against Doping in Sport may appeal to the World Anti-Doping Agency under the terms provided by its own regulations.

While the period to appeal has not elapsed or, if the decision has been appealed before the World Anti-Doping Agency, as long as the latter does not resolve the appeal, the therapeutic use authorization will retain its validity and effectiveness for purposes at the state level, both in competition and out of competition.

The decision of the World Anti-Doping Agency must be assumed by express resolution of the Director of the State Agency Spanish Commission for the Fight against Doping in Sport, without prejudice to the right of the athlete to appeal it in accordance with the provisions of the World Anti-Doping Code .

In the event that the decision of the international federation is not appealed to the World Anti-Doping Agency, and provided that the athlete has lost the status of international level athlete, the State Agency of the Spanish Commission for the Fight against Doping in Sport It will decide on the validity of the authorization for therapeutic use that it has granted, although with effects exclusively at the state level.

6. Sports disciplinary bodies may not consider valid therapeutic use authorizations that are not duly registered with the Spanish Commission for the Fight against Doping in Sport State Agency or for which there is insufficient evidence through the World Agency Anti-doping.

Article 18 Ownership and preservation of samples and their analysis

1. The samples obtained in the doping controls will be transferred by the athlete to the anti-doping authority that takes them for a period of ten years from their collection and may be analyzed immediately after their collection or at any time thereafter, either at the request of the doping authority that took them, or at the request of the World Anti-Doping Agency or another anti-doping authority that requests it if it proves just cause, in order to detect the prohibited substance and methods or to elaborate a profile of the biological parameters of the athlete.

The transferred samples may be stored with the proper conservation guarantees for the purposes set forth in the preceding paragraph for a period of ten years from the date of collection.

2. The analyzes and other elements of the communication of the doping control laboratory that may lead to the initiation of the disciplinary procedure, will be communicated only to the competent body to agree on said initiation.

Likewise, the laboratories will adopt the necessary measures so that this communication is carried out in conditions that allow maintaining the confidentiality and reserve of the identity of the athlete.

Once the statute of limitations for violations provided for in article 33 of this law has expired, or when a firm decision has been made in the corresponding disciplinary procedure or in the criminal case, doping control laboratories or other laboratories may not keep samples linked to an identifiable person.

3. The Spanish Commission for the Fight against Doping in Sport State Agency may transfer to the World Anti-Doping Agency, at any time within the ten-year period established in section 1 of this article, the samples obtained so that it can carry out carry out their analysis. Likewise, and during the same period, the State Agency of the Spanish Commission for the Fight against Doping in Sport may authorize the analysis of the samples by other competent anti-doping authorities, if they so request.

4. The accredited laboratories may analyze the samples on as many occasions as necessary before proceeding to notify the athlete of the results that serve as a basis for imputing the commission of a doping offence, leaving a record of the result of each one in any case. of the analyses.

After said communication, the State Agency of the Spanish Commission for the Fight against Doping in Sport may only order a new analysis of the samples when the athlete shows their agreement. However, if the result of the analysis is negative, the samples may be subject to a new analysis at the request of the State Agency Spanish Commission for the Fight against Doping in Sport or the World Anti-Doping Agency.

5. The State Agency of the Spanish Commission for the Fight against Doping in Sport, the World Anti-Doping Agency or duly accredited anti-doping laboratories with the approval of the World Anti-Doping Agency or the State Agency of the Spanish Commission for the Fight of Anti-Doping in Sport , may in turn divide the A sample or the B sample taken from the athlete in the same doping control into a part A for analysis and another part B for confirmation of the result, if necessary. In this case, before carrying out the division, the athlete will be informed so that he can be present at the opening of the samples.

TITLE II Penalty regime in the field of doping

CHAPTER IResponsible, infractions and sanctions

Article 19 Responsibility of the athlete and other persons and entities subject to the law

1. The athletes included in the scope of application of this law must maintain an active conduct in the fight against doping and the use of methods prohibited in sport and must ensure that no prohibited substance is introduced into their body. and that they do not use any prohibited method, being responsible when detection of the presence of the prohibited substance or its metabolites or markers by itself or in amounts greater than the limits established by the World Anti-Doping Agency in the International Standards for Laboratories and in technical development documents, or the use of a prohibited method under the terms established in this law.

2. The athletes, their coaches, managers, as well as the clubs and sports teams to which the athlete is attached, will be liable for breach of the obligations imposed in terms of the usual location of the athletes.

3. The athletes will be responsible for the breach of the obligations imposed by the therapeutic use authorizations or the breach of the obligation to request them.

Sports trainers, doctors and other health personnel, as well as the directors of sports clubs and organizations, must inform, always at the request of the athletes and prior their authorization for the use of such data, about the athlete's illnesses , the medical treatments to which they are subjected, as well as their scope and the person responsible for the treatment.

4. Clubs, sports associations and sports federations have the obligation to collaborate with the Spanish Commission for the Fight against Doping in Sport State Agency in anti-doping activities and, especially, they must diligently provide the aforementioned Agency with the information related to the fight against doping that it may request.

5. The provisions of this precept are understood without prejudice to the other obligations and the sanctioning regime established in this law.

6. The athletes included in the scope of application of this law may not receive the provision of sports-related services, nor maintain a professional relationship of any kind, including representation, advice, training or collaboration, whether mediated or not. economic remuneration, with any person who is serving a period of suspension for an infraction in the fight against doping, imposed by Spanish or foreign authorities, has been convicted of a doping offense in Spain or outside of Spain, or has been sanctioned professionally or disciplinaryly for acts that would have constituted doping in accordance with this law.

The prohibition will be maintained throughout the duration of the sanction of disqualification, conviction or disciplinary sanction.

When the sanctioned or sentenced person is not included in the scope of application of this law, the prohibition will have a duration of six years from the imposition of a sentence or professional or disciplinary sanction, if the duration of the sentence or sanction actually imposed had a shorter duration.

Article 20 Doping Offenses

For the purposes of this law, doping offenses are:

Article 21 Sanctions

1. The commission of the offenses provided for in letters a), b) and f) of article 20 of this law will be penalized with:

In the cases provided for in this section, intentionality in the athlete will not be appreciated when the adverse analytical result was due to the detection of a prohibited substance or its metabolites or markers in a sample taken in competition and the alleged offender certifies that the substance It was used out of competition, without the purpose of increasing sports performance and in a context unrelated to said performance.

Likewise, when the behaviors described in sections a), b) or f) of article 20 refer to a substance cataloged in the List of Prohibited Substances and Methods as a substance of abuse and the athlete proves that it was used out of competition and without the purpose of increasing their sports performance, it will be sanctioned with the imposition of the suspension of the federative license and the impossibility of obtaining it for a period of three months. The suspension may be reduced to one month if the offending person completes an educational program against the misuse of substances, duly approved by the State Agency Spanish Commission for the Fight against Doping in Sport.

2. The commission of the infractions provided for in letters c) and e) of article 20 of this law will be sanctioned with the imposition of suspension of the federative license for a period of two to four years and the impossibility of obtaining it during the same period of time, in attention to the degree of guilt of the author. If the offending person proves that the offense was not intentional, the suspension will last for two years.

Likewise, both in violations of letter c), and e), if the offending person is a protected person or an amateur athlete, the sanction will be, based on the degree of guilt, a warning without a period of suspension or license suspension for a maximum period of two years and the impossibility of obtaining it during the same period of time.

The period of suspension of the license and the impossibility of obtaining it between two and four years that corresponds to impose may be reduced if the offending person proves the concurrence of circumstances that mitigate the responsibility and justify said reduction.

3. The commission of the offenses provided for in letters g) and h) of article 20 of this law will be penalized with the imposition of suspension of the federal license for between four years and definitive disqualification and the impossibility of obtaining it during the same period of time.

4. The commission of the infraction provided for in letter j) of article 20 of this law, in what refers to the attempted trafficking and administration of prohibited substances, will be sanctioned with the imposition of suspension of the federative license between four years and definitive disqualification and the impossibility of obtaining it during the same period of time. If the infraction provided for in letter j) refers to the other cases contemplated therein, it will be sanctioned with the imposition of suspension of the federative license for a period of time equal to that which would correspond to the consummated conduct and the impossibility of obtaining it during the same period of time.

5. The commission of the offense provided for in letter d) of article 20 of this law will be penalized with the imposition of suspension of the federative license for a period between two years and definitive disqualification and the impossibility of obtaining it during that same period. of time, depending on the seriousness of the infraction.

6. The commission of the offense provided for in letter i) of article 20 of this law will be sanctioned with the imposition of suspension of the federative license for a period of time equal to the period of sanction imposed on the sanction violated or the period provisional suspension and the impossibility of obtaining it during the same period.

7. The commission of the infractions provided for in letters k) and l) of article 20 of this law will be sanctioned with the imposition of suspension of the federative license for a period between two years and definitive disqualification, and the impossibility of obtaining it during that same period, depending on the seriousness of the offence.

8. The commission of the infractions provided for in letters m) and n) of article 20 of this law will be sanctioned with the imposition of suspension of the federative license for a period of one to two years and the impossibility of obtaining it during the same period, depending on the degree of guilt and other circumstances of the case. In the case of offenses provided for in letter m) of article 20, athletes who, in order to avoid submitting to controls, changed their location at the last minute or for the same purpose, carried out other behaviors that hinder or prevent their location, they will be penalized with suspension of federation license for a period of two years.

Article 22 Sanctions against clubs, sports teams, professional leagues, public or private organizing entities of sports competitions, entities responsible for sports facilities and sports federations

When the offenses provided for in article 20, letters a), b), c), d), e), f), g), h), i), j), k) and l) of this law committed by clubs, sports teams, professional leagues, public or private organizing entities of sports competitions, entities responsible for sports facilities or sports federations will be imposed whenever possible on those responsible for them, in view of the seriousness of the facts , in addition to the fine provided for in article 24, one or more of the following sanctions:

Article 23 Penalties for athlete support staff and staff of clubs, sports teams, professional leagues, competition organizers and managers of sports establishments and sports federations

1. The infractions described in article 20 of this law, in addition to the sanctions that correspond by application of articles 21 and 24, will entail the disqualification for the exercise of health or professional functions related to athletes, entities, clubs, teams , federations or sports establishments for a period of four years.

2. When non-specific substances are used in the offenses provided for in sections g), h), and j) of article 20 and are committed by support personnel with protected persons involved, said support personnel will be punished with final disqualification.

3. Without prejudice to the provisions of section 3 of article 25 and the responsibilities that may be required for conduct classified as offences, the disciplinary bodies will notify the corresponding Professional Associations of the acts carried out by the personnel who carry out sanitary functions to appropriate disciplinary effects. The communication will be made with the due reservation of the data related to the athletes involved.

Article 24 Imposition of accessory pecuniary sanctions

1. Personal sanctions of a fine, in the case of athletes, may only be imposed when they obtain or have obtained income that is associated with the sporting activity carried out.

2. For the commission of the offenses provided for in article 20, letters a), b), f), j), m) and n), a fine of 3,001 to 12,000 euros will be imposed.

3. For the commission of the offenses provided for in article 20, letters c), d), e), k) and l), a fine of 12,001 to 40,000 euros will be imposed.

4. For the commission of the offenses provided for in article 20, letters g), h) and i), a fine of 40,001 to 100,000 euros will be imposed.

5. When the offenses provided for in article 20, letters a), b), c), d), e), f), g), h), i), j), k) and l) of this law are committed by clubs, sports teams, professional leagues, public or private organizing entities of sports competitions, entities responsible for sports facilities or sports federations will be imposed on those responsible for them, in view of the seriousness of the facts, a fine of 30,001 to 300,000 euros.

6. When a minor or protected person is involved in the conduct referred to in this point, or in the cases provided for in article 28, the penalty will be between 40,000 and 400,000 euros.

7. When the offenses provided for in article 20, letters m) and n) of this law are committed by clubs, sports teams, professional leagues, public or private organizing entities of sports competitions, entities responsible for sports facilities or sports federations, the will impose a fine of 10,000 to 30,000 euros on those responsible for them, in view of the seriousness of the facts.

8. Failure to comply with the obligations of collaboration with the State Agency of the Spanish Commission for the Fight against Doping in Sport in anti-doping activities established in article 19, by clubs, sports associations and sports federations, will be penalized. , in view of the seriousness of the facts, with a fine of 10,000 to 100,000 euros.

9. The fines imposed by the State Agency, Spanish Commission for the Fight against Doping in Sport, will be enforced, in the event of non-payment, according to the terms established in the current regulations regarding collection.

The product of the fines collected by the State Agency Spanish Commission for the Fight against Doping in Sport by the procedure provided in the previous section constitutes an income of public law that affects the fulfillment of the research purposes and that will allow generating in the budget of the State Agency, Spanish Commission for the Fight against Doping in Sport, the necessary credits for the development of said activity, whose material realization will be carried out in accordance with the provisions of this law.

10. The penalty reduction percentages established in article 85 of Law 39/2015, of October 1, shall apply if the circumstances provided therein concur.

11. A percentage, not less than 10%, of the resources obtained as a result of the imposition of economic sanctions on athletes who commit doping will be distributed equitably among the different Regional Sports Secretariats of the respective Autonomous Communities so that they carry out campaigns to promote clean sport and against doping in sport.

Article 25 Other accessory sanctions

1. The infractions typified in article 20, in addition to the sanctions that correspond by application of articles 21 and 23, will entail the disqualification to hold positions or jobs, paid or not, in any entities or institutions that, directly or indirectly , organize, promote, participate, discipline, develop or finance sports activities for a period equal to the license suspension or disqualification that may have been imposed.

2. Individuals or legal entities that carry out conduct classified as offences, without having a federation license or equivalent authorization and providing services or acting on behalf of Spanish sports federations, professional leagues or organizing entities of official sports competitions by delegation of the above, as well as the persons or entities integrated into said organizations, may not hold sports positions in any entity related to sports, obtain a sports license or equivalent qualification, or exercise the rights derived from the sports license for a period equivalent to the duration of the sanctions of disqualification for the performance of sports duties, deprivation or suspension of sports license or equivalent qualification.

3. The infractions mentioned in article 20 will be considered as a transgression of contractual good faith for the purposes of article 54.2.d) of the revised text of the Workers' Statute Law, approved by Royal Legislative Decree 2/2015, of October 23.

4. The Spanish sports federations, professional leagues and organizing entities of official sports competitions will adapt their regulations to include these provisions, which will be compatible with the civil liability that is applicable in each case and with the purification of the responsibilities that result. required by virtue of the provisions of this title.

Article 26 Criteria for the imposition of sanctions in the matter of doping. Exempting and extenuating circumstances

1. The imposition of the sanctions provided for in the preceding articles will be carried out taking into account the concurrent circumstances in each case, especially those that refer to knowledge, the degree of guilt, the degree of responsibility of the functions performed by the offending person. and the nature of the damage caused.

2. Circumstances exempting disciplinary responsibility will be considered:

3. Extenuating circumstances of disciplinary responsibility will be considered:

In this case, following a report from the World Anti-Doping Agency, the sanction of suspension of the federation license may be reduced up to a maximum of one year.

4. In the event that there are two or more extenuating circumstances than those provided for in this article, the sanction may be reduced up to a quarter of that which would be applicable if such circumstance did not occur.

5. In the event that the sanction provided for the offense committed is the definitive disqualification of the federation license, the period of suspension reduced in application of this article may not be less than eight years.

6. In the event that the offense in which the mitigating circumstances occur is the second committed by the offending person, the applicable suspension period will be established, firstly, in accordance with article 28 of this law, and The corresponding reduction will be applied over the corresponding period.

After the application of extenuating circumstances, the period of suspension will be at least one fourth of the period of suspension that should be applied in the event of no extenuating circumstances.

Article 27 Aggravating circumstances

1. In offenses other than those provided for in article 20 letters d), h), k) or l), the following will be aggravating circumstances:

The concurrence of one or more of the aggravating circumstances described in the previous paragraph will determine the imposition of the sanction of suspension of sports license and impossibility of obtaining it that corresponded to the offense committed in accordance with the provisions of article 21 increased by an additional period of up to two years, depending on the seriousness of the facts and the nature of the concurrent aggravating circumstance or circumstances, unless the sanctioned person can demonstrate that he did not commit the offense intentionally.

2. When non-specific substances are used in the offenses provided for in sections g), h), and j), and are committed by support personnel with protected persons involved, said support personnel will be sanctioned with disqualification of for life.

Article 28 Recidivism and contest of infractions

1. For the purposes of this law, there is recidivism when the offending person commits a second or subsequent offenses, after the opening of the corresponding sanction file for the commission of a previous offense.

Notwithstanding what is established in the previous paragraph, to assess this circumstance it will be necessary for the previous infraction to have been penalized by virtue of a final administrative resolution.

2. In the event that the commission of the second or subsequent offenses had occurred prior to the opening of the sanctioning file, all the offenses will be treated as a single offense and the applicable sanction will be the most serious of those provided for. infractions in contest.

In any case, the results of all sports competitions from the date of the oldest infraction will be annulled.

3. If during the period of compliance with the sanction imposed, a new license suspension period is imposed as a consequence of the commission of any infraction of those provided for in article 20, compliance with the imposed suspension periods will be successive and not simultaneous, beginning the fulfillment of the second sanction the first day following the end of the first period of suspension.

4. If the second or subsequent infraction had been committed while complying with a sanction imposed for a previous infraction or in the twelve months before or after the opening of the disciplinary file corresponding to the first infraction, and sanctions were imposed for such violations, the fulfillment of the same will be successive, fulfilling the sanctions in the order in which they were imposed.

5. If the offense committed is any of those provided for in sections e), k) and l) of article 20, and during the doping control a different offense is committed, the offenses committed will be considered in real contest of Violations and sanctions will be carried out successively in the same order in which they were imposed.

6. The commission of a second violation of the anti-doping rules within ten years after the commission of the first, will give rise to the imposition of a sanction that will consist of the suspension of the federation license for the greater of the following periods:

7. The commission of a third anti-doping rule violation within a period of ten years from the commission of the first will result in the disqualification of the definitive sports license. If it is an infraction corresponding to article 20.m), or if there is no negligence or gross culpability, the duration of the suspension will be a minimum of eight years, until definitive suspension.

8. In the cases provided for in this article, the corresponding fine will also be imposed, in accordance with the provisions of article 24.

9. For the purposes of the provisions of the preceding paragraphs, the existence of sanctions imposed by foreign anti-doping authorities that meet the necessary requirements for recognition in accordance with article 30 of this law will be taken into account.

10. The State Agency of the Spanish Commission for the Fight against Doping in Sport may request information from the World Anti-Doping Agency or the corresponding international federation on the existence of previous violations in cases that may have been the subject of disciplinary proceedings.

Article 29 Annulment of results

1. The commission of a conduct of those provided for in this law as infractions by an athlete in the framework of an individual competition and as a consequence of carrying out a control in competition, will be cause for automatic nullity of the results. obtained in that competition, with the loss of all medals, points, prizes and any other consequences linked to the result obtained in it, regardless of whether there is a cause for mitigation of liability or that, due to a cause of exemption, no penalty will be imposed.

2. Without prejudice to the provisions of the preceding paragraph, in the event that an athlete has committed an infraction of those provided for in this law during a sporting event or in relation to it, the competent body may annul all results obtained by the athlete in said event. The annulment will mean the loss of all medals, points, prizes and any other consequences linked to the annulled result.

3. When, in application of the provisions of the previous sections, the prizes have been recovered, whatever their nature, or even when they have not been delivered to the offending athlete, the competent authority to deal with doping offenses will urge the organizers of sports competitions to the delivery of said prizes to the athletes to whom they correspond, once the results of the violating person or persons violating the anti-doping rules have been annulled.

4. In addition to the provisions of the two previous sections, all other results obtained in the competitions held from the date on which the doping control from which the sanction is derived will be annulled in the cases of the offenses provided for in article 20 a), c), and e) and in section j) in what refers to the attempt of fraudulent manipulation, or from the date in which the facts constituting the infringement occurred in the other infractions foreseen in the Article 20, until the sanction or provisional suspension of the federation license is imposed, applying all the consequences derived from such annulment, unless the decision on the provisional suspension or sanction has been delayed for reasons not attributable to the athlete and the results obtained in those competitions were not influenced by the offense committed.

5. In team sports, as long as more than one of its members has committed a doping offense during the period of holding a sporting event, targeted controls will be carried out on that team. When those who have committed infractions are more than two, and regardless of the sanctions that may correspond by virtue of the provisions set forth in this law, the disciplinary bodies must rule on the appropriateness of altering the results of the matches, tests, competitions or championships. deciding loss of points or disqualification from the event or competition. For this, they will consider the involvement of minors or protected persons in the aforementioned conducts.

Article 30 Effects of sanctions

1. The imposition of sanctions related to doping in sport constitutes, when so required by the nature of the imposed sanction, an assumption of impossibility of obtaining or exercising the rights derived from the sports license in any territorial area, in the terms provided for in article 32.4 of Law 10/1990, of October 15.

2. Any resolutions issued by the anti-doping authorities of other States, by the competent international federations or entities or by the arbitral tribunals when they act as an appeal instance of the decisions of the international sports federations or the World Anti-Doping Agency, will be recognized. immediately and will be fully effective in Spain, under the terms and conditions established in the World Anti-Doping Code and correspond to the area of ​​competence of that entity.

3. The State Agency of the Spanish Commission for the Fight against Doping in Sport will be in charge of proceeding in any case to the recognition of said resolutions, ex officio or at the request of the athletes, provided that they are not contrary to the rights fundamental or public order. In cases of license suspension sanctions, the sanctioned person may not participate in any competition or activity authorized or organized by any of the signatories of the UNESCO Convention, sports federations, clubs or other organizations belonging to them, or in competitions authorized or organized by any professional league or any organizer of national or international sporting events, whatever the modality or sporting specialty in which you intend to participate.

Notwithstanding the foregoing, you may participate in educational or rehabilitation programs with prior authorization from the State Agency, Spanish Commission for the Fight against Doping in Sport.

Likewise, during the period of suspension, you will not be able to obtain a federation license in any federation other than the one under whose license you were sanctioned.

Any athlete or person subject to a period of suspension will remain subject to the controls provided for in article 10 of this law, as well as the obligation to locate them in cases in which it is required by the State Agency Spanish Commission for the Fight Anti-doping in Sport.

4. People who are penalized for committing any violation of the anti-doping rules of this law, will be deprived of all financial support granted directly by the Public Administrations or by any entity in which a Public Administration participates. , as well as any other economic advantages or tax benefits related to the practice of sports that they could obtain from them.

The recovery of the amounts obtained will be carried out in accordance with the provisions of Law 38/2003, of November 17, General Subsidies and its development provisions, in Law 58/2003 of December 17, General Tax , or in any other way allowed by the legal system.

5. If during the period of compliance with the sanction imposed, a new license suspension period is imposed as a consequence of the commission of any infraction of those provided for in article 20, compliance with the imposed suspension periods will be successive and not simultaneous, beginning the fulfillment of the second sanction the first day following the end of the first period of suspension.

6. If the person sanctioned has been suspended for a period of time greater than four years, after completing the first four years of his sanction, he may take part in sports competitions of a lower scope than the state that do not are under the authority of a signatory to the World Anti-Doping Code or a member organization of a signatory. All this provided that said competition does not serve as a qualification, directly or indirectly, to compete or accumulate points to do so, in a national championship or in any international event, and does not imply that the sanctioned person works in any way with protected persons.

7. The athlete may return to training with his team or to the use of the facilities of a club or sports entity during the last two months of the suspension period or during the last quarter of the suspension period if this time is less.

8. The recognition and enforcement of final judgments handed down by foreign courts on doping matters and of the awards handed down by arbitration tribunals when they do not act as an appeal body for the decisions of international sports federations or the World Anti-Doping Agency It will comply with the provisions of Title V of Law 29/2015, of July 30, on international legal cooperation in civil matters, on the recognition and execution of judicial decisions and foreign public documents, registration in Public Registries, and of the international norms applicable in Spain.

9. During the processing of the corresponding recognition procedure, the effects of the athlete's license in Spain will be provisionally suspended in the event that the sanction is suspension or disqualification from competing, and in no case may the duration of the license be longer. provisional suspension to that of the sanction of disqualification that may have been imposed.

Article 31 Collaboration with judicial authorities

1. If the State Agency, the Spanish Commission for the Fight against Doping in Sport, were aware in the exercise of its functions of the possible existence of conduct that could constitute the offense provided for in article 362 quinquies of the Penal Code, it will report it. immediately to the knowledge of the State Security Forces and Corps, the Public Prosecutor's Office or the competent Judge for the investigation of the corresponding process.

2. When a criminal proceeding is initiated for the alleged infringement of article 362 quinquies of the Penal Code, the Investigating Judge may request the Spanish Commission for the Fight against Doping in Sport State Agency to issue a report on the concurrence of danger to the life or health of athletes.

For these exclusive purposes, the Judge will provide the State Agency of the Spanish Commission for the Fight against Doping in Sport with the data or the investigative procedures carried out that he deems necessary to issue the report.

The Public Prosecutor's Office may also request that the examining magistrate carry out this procedure which, in any case, must be issued within twenty days from the date of notification to the State Agency of the Spanish Anti-Doping Commission in the Sport of the judicial resolution for which the report is requested.

3. Once the report is issued, in the event that the Judge proceeds to continue the proceedings, he will notify the State Agency of the Spanish Commission for the Fight against Doping in Sport. Both in this case, and in any other case in which the report has not been requested, the State Agency of the Spanish Commission for the Fight against Doping in Sport will suspend all sanctioning procedures that are being processed with respect to those allegedly responsible for the criminal offence, from the moment in which it is appreciated that there is identity of facts.

The beginning or continuation of the investigation phase of the criminal process will mean that the Spanish Commission for the Fight against Doping in Sport State Agency can agree, if applicable, after hearing the interested parties, the suspension of the federation license to the light of the principles of Article 10 of the World Code of Anti-Doping in Sport.

The duration of the provisional measure will be deducted from the associated measure that could be derived from the conviction of the person responsible for the crime, without prejudice to the provisions of section 6 of article 37.

In the event that the criminal process ends with a firm conviction for the commission of a crime provided for in article 362 quinquies of the Penal Code, it will automatically entail, as an associated measure, the suspension of the federation license for the same term established in this law for equivalent administrative offences, even in the case of recidivism and the others provided for in article 28. Said measure will be adopted by the State Agency Spanish Commission for the Fight against Doping in Sport once it becomes aware of the sentence. In this case, it will no longer be possible to penalize whoever has been affected by the associated measure, provided that between the crime and the administrative infraction it is appreciated that there is identity of facts, subjects and grounds.

4. In the cases in which, as a consequence of the report issued by the State Agency of the Spanish Commission for the Fight against Doping in Sport or for any other reason, the Investigating Judge considers that it is not appropriate to continue the criminal proceedings, he will indicate to the State Agency Spanish Commission for the Fight Anti-Doping in Sport the completion of the criminal proceedings and this will initiate or continue, where appropriate, with the processing of ongoing administrative sanctioning procedures. The State Agency of the Spanish Commission for the Fight against Doping in Sport may request that the order of free dismissal, provisional dismissal or the acquittal be sent to it in order to accredit the proven facts contained therein.

5. The Spanish Commission for the Fight against Doping in Sport State Agency may request that those investigative procedures carried out that are necessary for the continuation of the sanctioning procedures be sent to it. Said request will be resolved by the Investigating Judge, after hearing the interested parties, within twenty days. At said hearing, the interested parties may request that the documents that may benefit them be also sent. The Judge, through a reasoned resolution, may agree to deliver to the Administration only the proceedings that the application of the principle of proportionality authorizes.

In the event that the criminal case is no longer in the investigation phase, the request will be addressed to the court that is hearing the proceedings regarding the investigation proceedings or the evidence already carried out.

If a ruling has already been handed down, the facts declared proven therein will be binding on the Administration, whether or not it has been sent to the State Agency, Spanish Commission for the Fight against Doping in Sport. The same rule will apply if a firm administrative resolution had already been issued previously.

6. When any Judge or Court becomes aware of the possible existence of an administrative offense in the field of doping, they may, at the request of the State Agency, the Spanish Commission for the Fight against Doping in Sport, assign the corresponding amount of blame to the latter. .

In these cases, the State Agency of the Spanish Commission for the Fight against Doping in Sport will proceed to initiate sanctioning procedures and adopt, where appropriate, and after hearing the interested parties, the provisional measure of suspension of the federation license. Said resolution will be subject to the general system of resources provided for in this law.

Article 32 Extinction of disciplinary responsibility

Disciplinary responsibility will be extinguished:

Article 33 Prescription of offenses and sanctions

1. The offenses defined in article 20 of this law shall prescribe after ten years.

2. The statute of limitations for offenses will begin to run from the day the offense was committed. The prescription will be interrupted by the initiation, with the knowledge of the interested party, of the disciplinary procedure.

3. Fines will prescribe after five years.

4. The sanctions of license suspension, disqualification or deprivation of rights will prescribe after five years.

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5. The statute of limitations for sanctions will begin to run from the day following that on which the resolution imposing the sanction becomes final.

The prescription will be interrupted by the initiation, with the knowledge of the interested party, of the execution procedure.

Article 34 Collaboration in the detection of the use of prohibited substances and methods

1. The sanctions of license suspension, disqualification or deprivation of rights that correspond to be imposed in accordance with this law, may be suspended by resolution of the Director of the State Agency Spanish Commission for the Fight against Doping in Sport, appealable before the Committee Anti-Doping Sanctioner in accordance with article 47.2.e), if the athlete or another person provides substantial assistance that allows the discovery or demonstration of an anti-doping rule violation, an offense under article 362 quinquies of the Penal Code, or a breach of professional standards committed by another person.

2. The suspension provided for in the previous section may not exceed three-fourths of the corresponding suspension period, and in the event that the sanction is definitive disqualification, the suspension period must be at least eight years.

3. The suspension of the period of disqualification or deprivation of the right to obtain a federation license will be based on the seriousness of the infraction that has been committed and the importance of the help and collaboration that is provided for the detection of other infractions.

4. If the decision to partially suspend the period of disqualification or deprivation of the right to obtain a federative license is taken once the resources contemplated in articles 48 and 49 have been resolved, or after the deadline for presenting said resources, a report will be required. mandatory issued by the World Anti-Doping Agency and by the corresponding international federation, and all persons and bodies with legitimacy to appeal it will be notified.

5. The State Agency of the Spanish Commission for the Fight against Doping in Sport and the World Anti-Doping Agency may agree to limit or delay the disclosure of the suspension of the sanction as a result of aid and collaboration, when this is of interest. for the fight against doping.

6. In exceptional cases, suspensions of the federation license withdrawal period may be applied, even in its entirety, and of other consequences, such as non-disclosure of the sanction, greater than those described in this article.

7. Any part of the period of license suspension, disqualification or deprivation of the right to obtain it that has been suspended may be revoked in whole or in part when the athlete or another person does not finally provide or does not continue to provide the substantial assistance contained in the sections previous.

8. Decisions adopted in the exercise of their own powers by foreign authorities regarding the reduction of sanctions for doping as a result of the aid mentioned in the previous sections, may be recognized in Spain, prior communication to the State Agency Spanish Commission for the Fight against Doping in Sport.

9. The provisions of this article are understood without prejudice to the powers that the World Anti-Doping Agency has recognized under the provisions of the World Anti-Doping Code in its area of ​​competence.

CHAPTER II On the procedure for the imposition of sanctions

Article 35 Jurisdiction regarding sanctioning procedures for the repression of doping in sport

1. The sanctioning power in matters of doping with respect to athletes and other persons and entities subject to this law and in the objective scope of its application, corresponds to the Anti-Doping Sanctioning Committee of the State Agency Spanish Commission for the Fight against Doping in Sport.

2. The Autonomous Communities may enter into agreements to attribute to the State Agency the Spanish Commission for the Fight against Doping in Sport the exercise of the sanctioning power in matters of doping that corresponds to them.

Article 36 Information and confidential proceedings

1. It corresponds to the State Agency Spanish Commission for the Fight against Doping in Sport, within the scope of its powers, to carry out the investigations and investigations necessary to ensure compliance with the provisions of this law and, in particular, the practice of proceedings reserved prior to the start of a disciplinary procedure.

2. The actions and preliminary proceedings will be aimed at determining, with the greatest possible precision, the facts likely to motivate the initiation of the procedure, the identification of the person or persons who could be responsible and the relevant circumstances that occur in some and others.

3. The previous actions and procedures will be carried out by the bodies and personnel of the State Agency Spanish Commission for the Fight against Doping in Sport that have been assigned investigative, investigative and inspection functions in the matter, and, in the absence of these, by the person or administrative body determined by the competent body for the initiation of the disciplinary procedure.

4. The reserved procedures will give rise to the initiation of the disciplinary procedure when the existence of indications of the infringement is proven, proceeding, in another case, to the archive of the same.

5. The Spanish Commission for the Fight against Doping in Sport State Agency will initiate proceedings reserved to investigate the support staff of athletes in cases in which it is aware of the existence of an infraction committed with a minor or protected person, or when any member of the athletes' support staff has worked or collaborated with more than one athlete sanctioned for a doping offence.

6. Any authority or public official who is aware of the possible existence of an administrative infraction in the matter of doping must notify the State Agency of the Spanish Commission for the Fight against Doping in Sport without delay.

Article 37 Provisional measures

1. In any disciplinary procedure in the field of doping that is in progress, the competent body for the initiation of the same may be adopted, at any time, by means of a reasoned agreement and respecting the principles of hearing the interested party and proportionality, the provisional measures, including the provisional suspension of the federation license, the disqualification to obtain it, or the impossibility of holding any sports position or exercising health or professional functions related to athletes, entities, clubs, teams or federations or sports establishments, which result necessary to ensure the effectiveness of the resolution that could fall, the good end of the procedure or the precautionary protection of the interests involved.

2. The provisional suspension of the license, as well as any other provisional measure, will be agreed, where appropriate, after notifying the athlete of the corresponding proposal, so that they can formulate prior allegations, together with the resolution to initiate the sanctioning procedure.

3. The interested party may oppose the agreed provisional suspension by making allegations within the non-extendable period of ten calendar days following receipt of the notification.

In view of the allegations presented, the competent body will resolve without further ado, within another ten calendar days, counted from the presentation of the allegations. Once said period has elapsed without an express resolution, the interested parties may understand that their opposition has been rejected.

4. The provisional suspension of the federation license will last throughout the processing of the procedure, unless it is agreed to be lifted in response to circumstances unknown at the time of its adoption and that could be relevant for the resolution of the procedure.

5. The person who has received notification of the initiation of a disciplinary procedure in the field of doping that does not entail the provisional suspension of the federative license in accordance with the provisions of the previous sections, may voluntarily request the provisional measure of suspension of the same until the resolution of the procedure is issued, the duration of which will be credited to the definitive suspension that was imposed.

6. In all cases of imposition of provisional suspension of the federation license, its duration will be paid for the final sanction that is imposed, as long as it has been fully and completely respected.

In another case, and regardless of the disciplinary responsibilities that could derive from the breach of the agreed measure, none of the periods of provisional suspension of the license will be credited.

7. The adoption of the provisional measure of suspension or disqualification to obtain a federation license will imply the suspension of any other sports license and the disqualification to obtain a new one in other modalities or sports specialties different from the one by virtue of which the suspension was agreed. .

Article 38 Initiation of the disciplinary procedure

1. The disciplinary procedure is initiated by resolution of the Director of the State Agency Spanish Commission for the Fight against Doping in Sport as a consequence of the communication made, directly, by the acting doping control laboratory, or as a consequence of the knowledge of facts or receipt of evidence or indications of any kind that allow establishing the possible existence of a doping offence.

2. In the agreement to initiate the disciplinary procedure, the Director of the State Agency of the Spanish Commission for the Fight against Doping in Sport will appoint the instructor of the procedure, with notification of all the actions that exist in this regard, and the interested parties will be notified, understanding , in any case, as such to the accused.

3. Said agreement, as well as the provisional measure that is adopted, will be communicated to the World Anti-Doping Agency, to the respective national and international federations and to all other persons and entities entitled to appeal the resolution issued in The procedure.

4. The initiation agreement must contain at least:

5. In the event of a refusal without valid justification to submit to a control, the referral by the authorized agent of the Spanish Commission for the Fight against Doping in Sport State Agency of the document proving said refusal will also give rise to the initiation of the disciplinary procedure.

6. In the event of initiating the disciplinary procedure as a result of the communication made by the acting doping control laboratory of an adverse analytical result, the notification of the agreement to initiate the procedure will be accompanied by the analytical result of the laboratory and the chain of custody of the analyzed sample.

Article 39 Allegations and evidence

1. The agreement to initiate the procedure will grant the interested party the common and non-extendable term of fifteen days for the processing of allegations and proposition of evidence.

2. In the disciplinary procedure in the matter of doping, the Administration and the person affected by it may use all the means of proof admissible by law, including the biological passport, if there is data on it. These tests must be assessed jointly in accordance with the rules of sound judgment, in accordance with the principles and interpretation criteria established in the World Anti-Doping Code.

3. Notwithstanding the provisions of the previous section, the following special rules of evidence shall be inexcusable:

In any case, the athlete may attend, accompanied or through a duly accredited representative, the opening of the B sample, whether it had been requested by him or in any of the other cases.

The Spanish Commission for the Fight against Doping in Sport State Agency may request an accredited anti-doping laboratory, or one approved by the World Anti-Doping Agency, to carry out additional analyzes once the initiation of the procedure has begun, provided they have the consent of the athlete

Article 40 Specific rules in relation to the passport biological

1. In the case of anomalous results in the biological passport, the Spanish Commission for the Fight against Doping in Sport State Agency will carry out the corresponding investigations, collecting evidence in order to determine if there has been a violation of anti-doping rules.

2. Notwithstanding the provisions of the previous article, in the processing of disciplinary procedures as a consequence of adverse results in the biological passport, the essential content of the International Regulations and Standards on management will be respected, in any case. of results, on controls and investigations and on laboratories of the World Anti-Doping Agency.

Article 41 Completion of the procedure

1. The sanctioning procedure in the matter of doping will end by resolution of the Anti-Doping Sanctioning Committee.

2. Once the investigation of the procedure has been completed, the investigating body will formulate a resolution proposal that will be notified to the interested parties to formulate allegations within a period of ten days.

3. Once said period has elapsed and, where appropriate, the allegations have been made, the instructor will submit the file and the corresponding resolution proposal to the Anti-Doping Sanctioning Committee, which will resolve within three months from the conclusion of the aforementioned claims period.

4. The sanctioning resolution will be notified by the Anti-Doping Sanctioning Committee, within ten days, to the Director of the Spanish Commission for the Fight against Doping in Sport, the World Anti-Doping Agency, national and international federations , the club or sports team to which the athlete belongs, in the case of team sports, and the other entities entitled to appeal it, in accordance with the provisions of article 49.3 of this law.

The delay in the notification will not affect the validity of the resolution issued.

Article 42 Duration of the procedure and expiration

1. The disciplinary procedure in the field of doping must conclude within a maximum period of twelve months from the adoption of the agreement to initiate the procedure.

2. The expiration of the period established in the previous paragraph will produce the expiration of the procedure, being applicable to this effect articles 21.1, 25.1 and 40.4 of Law 39/2015, of October 1.

3. The declaration of expiration may be issued ex officio or at the request of the interested party, and will imply the filing of the proceedings.

4. Notwithstanding the foregoing, the expiration that has been agreed will not prevent the initiation of a new disciplinary procedure within the legal period of limitation of the corresponding infraction.

The expiration will not produce by itself the prescription of the actions of the individual or the Administration, but the expired procedures will not interrupt the limitation period.

In cases in which it is possible to initiate a new procedure because the prescription has not occurred, the acts and procedures whose content would have remained the same if the expiration had not occurred may be incorporated into it. In any case, in the new procedure the procedures for allegations, proposition of evidence and hearing to the interested party must be completed.

Article 43 Effects of the sanctioning resolution

The sanctions imposed are immediately enforceable from the date on which the corresponding administrative resolution is notified, unless the body that should hear the appeal that could be filed against them agrees to suspend them in accordance with the provisions of the second paragraph of article 90.3 or in article 117.2 of Law 39/2015, of October 1, on Common Administrative Procedure of Public Administrations.

Article 44 Publication of sanctioning resolutions

1. Firm sanctioning resolutions will be published.

Nevertheless, in the event that they affect minors, protected persons, or amateur athletes, the sanctioning resolutions will not be published unless the convenience of proceeding with the publication is reasonably assessed, taking into account the relevance of the same and the circumstances of the case.

Likewise, with the purpose of protecting the identity of the people who provide the collaboration referred to in article 34, the publication of the sanction may be exempted if it is considered that it could reveal the provision of substantial assistance or the collaboration and thereby endanger or cause harm to those who collaborate.

2. The publication will only contain the name and surname of the offending person, sports specialty, violated precept, substance or method used and sanction imposed.

3. The adoption of provisional suspension measures will be published, although in these cases the publication will only contain the identity of the offending person and the duration of the provisional measure.

4. To proceed with the publication, electronic means will be used preferably.

5. When, as a consequence of the appeal filed against the disciplinary resolution, the non-existence of the infringement imputed to the athlete or another person is determined, or the sanction imposed is reduced, the estimate of said appeal will be published, provided that the Athlete or such other person will consent to such publication. In such a case, the Spanish Commission for the Fight against Doping in Sport State Agency will disclose the decision in its entirety or by writing it in a form acceptable to the athlete or the other person.

Article 45 Notifications

1. The notifications that must be made in the sanctioning procedure will be made in accordance with the provisions of this article and in articles 41 and following of Law 39/2015, of October 1.

2. Notifications of the resolutions and acts issued by the State Agency of the Spanish Commission for the Fight against Doping in Sport will be made at the postal address of the interested party or through electronic means in accordance with the provisions of articles 42 and 43 of Law 39/2015, of October 1. Likewise, the athlete may designate as the address for notifications that of the club, team or sports entity to which he belongs, or that of his representative.

At any time during the disciplinary procedure, the filer may provide a new address for notifications that will take effect from said communication.

3. Interested parties who are not obliged to receive electronic notifications may notify the State Agency of the Spanish Commission for the Fight against Doping in Sport at any time, through the standard models established for this purpose, that successive notifications are made or cease to be practiced by electronic means.

Complementarily, the interested party may identify an electronic device and/or an email address for sending any other notices and communications other than notifications, considering, in another case, as an email address for sending said messages. notices that the athlete provides in the doping control form itself.

CHAPTER IIIThe Anti-Doping Sanctioning Committee

Article 46 Anti-Doping Sanctioning Committee

1. The Anti-Doping Sanctioning Committee is a collegiate body attached to the State Agency Spanish Commission for the Fight against Doping in Sport that acts, in the exercise of its powers and for the fulfillment of its functions, with full independence, not being able to receive orders or instructions from any other body or authority, whether from the State Agency of the Spanish Commission for the Fight against Doping in Sport, or external.

2. The Anti-Doping Sanctioning Committee will be made up of seven members, who will be appointed, by agreement of the Governing Council, at the proposal of the Director of the State Agency Spanish Commission for the Fight against Doping in Sport.

Of the seven members, four will be chosen from among jurists of recognized competence and professional prestige in the field of sports law and three from professionals in the scientific, medical or sports field, with specific knowledge in the field of doping and a recognized track record in their activity professional.

The elected members will be immovable during the period of their mandate, without prejudice to the provisions of section 4, and will act with full autonomy and independence in the exercise of their functions.

The President of the Anti-Doping Sanctioning Committee will be appointed by the Governing Council, upon proposal and from among the members of said Committee. In cases of vacancy, absence, illness or other legal cause, the President will be replaced by the member with the greatest seniority, and in case of equal seniority, by the oldest among them.

The Governing Council will designate, at the proposal of the Director of the State Agency Spanish Commission for the Fight against Doping in Sport, a Secretary, with voice but no vote, among career officials belonging to a body of subgroup A1, assigned to this.

In the composition of the Anti-Doping Sanctioning Committee, the balanced presence of women and men will be guaranteed, except for well-founded and objective reasons, duly motivated.

No members of the Anti-Doping Sanctioning Committee may be appointed who are or have been, during the two years prior to their appointment, members of the governing, representative or complementary bodies of the Spanish sports federations, professional leagues or sports clubs; who have directly or indirectly advised them during the same period, or who have provided professional services to athletes, and/or any legal person, who participate in competitions or official sports activities. The members of the Anti-Doping Sanctioning Committee must sign a declaration of absence of conflicts of interest related to the powers of that Committee.

3. The mandate of the members will be four years, and they may be re-elected for a single term. The renewal of the members of the Committee will be done partially every two years, without in any case the duration of the mandate of the members may exceed that provided for in this paragraph.

In the event that the renewal reaches the President of the Anti-Doping Sanctioning Committee, the Governing Council will proceed to a new appointment under the terms of the previous section.

4. The members of the Anti-Doping Sanctioning Committee will cease to exercise their position for the following reasons:

Removal for the reasons set forth in letters e), f), g) and h) must be agreed by the Governing Council of the State Agency Spanish Commission for the Fight against Doping in Sport, after processing a contradictory file .

In the event of termination of office, the Governing Council will appoint, in substitution of the dismissed one and in the manner provided in section 2, a new member who must meet the same requirements and conditions.

If the resigning member were the Chairman of the Anti-Doping Sanctioning Committee, a new designation will be made in the manner provided in section 2.

In these cases, the duration of the mandate of the members or of the President may not exceed the time remaining from that of the replaced member.

The members of the committee whose mandate has expired will continue in the exercise of their functions until the members who replace them take office.

5. In the absence of what is specifically provided for by the regulations governing the Anti-Doping Sanctioning Committee, the provisions regarding collegiate bodies in articles 15 and following of Law 40/2015, of October 1, will apply.

Article 47 Powers of the Anti-Doping Sanctioning Committee

1. The Anti-Doping Sanctioning Committee is the competent body to resolve sanctioning files for doping offenses provided for in this law whose initiation is agreed upon by the Director of the State Agency Spanish Commission for the Fight against Doping in Sport.

In the exercise of its powers, it acts with full independence from the other bodies of the State Agency.

2. The Anti-Doping Sanctioning Committee will also be aware of the special administrative appeal filed against the following resolutions:

3. Those who, in accordance with article 4 of Law 39/2015, of October 1, have the status of interested parties and in any case, the following natural or legal persons will have standing to file a special administrative appeal before the Anti-Doping Sanctions Committee:

Article 48 Special appeal before the Anti-Doping Sanctioning Committee

The special appeal against the resolutions referred to in article 47 of this law, in accordance with the provisions of article 112.2 of Law 39/2015, of October 1, is governed by the following rules:

Article 49 Appeals against the resolutions of the Anti-Doping Sanctioning Committee

1. The sanctioning resolutions of the Anti-Doping Sanctioning Committee are immediately enforceable, put an end to the administrative process and may be appealed directly before the contentious-administrative jurisdiction, without prejudice to the possibility of making optional use of the administrative appeal for reinstatement before the same committee and in the terms provided by articles 123 and 124 of Law 39/2015, of October 1.

2. The resolutions of the special appeal put an end to the administrative procedure and against them there will only be an appeal before the contentious-administrative jurisdiction.

3. Those who have the status of interested parties in accordance with article 4 of Law 39/2015 of October 1, and in any case the following natural persons or legal:

4. The sanctioning resolutions of the Anti-Doping Sanctioning Committee issued in relation to athletes officially classified as international level, or those that are issued within the framework of an international competition, may also be appealed, alternatively, before the body and in accordance with the Conflict resolution system contemplated in the regulations established in the World Anti-Doping Code or, where appropriate, in that of the corresponding international federation.

5. Any sanctioning resolutions of the Anti-Doping Sanctioning Committee may also be appealed by the World Anti-Doping Agency, by the corresponding international sports federation and by the International Olympic Committee or the International Paralympic Committee, before the body and in accordance with the system of resolution of conflicts provided for in their respective regulatory regulations.

6. When the Spanish Commission for the Fight against Doping in Sport State Agency exercises disciplinary powers delegated by other national or international anti-doping organizations or entities by virtue of an agreement, agreement or memorandum, the regime of appeals against resolutions issued by the The Anti-Doping Sanctioning Committee will be subject to what is established for this purpose in the agreement, agreement or memorandum and, where appropriate, in the regulations of the delegating entity or organization.

TITLE IIIProcessing of personal data related to doping

Article 50 Responsibility of personnel who provide services to carry out controls

1. The personnel who carry out doping control functions must maintain confidentiality and secrecy regarding matters known to them by reason of the functions they perform.

2. Personal data, obtained in the performance of their functions, including those derived from the analysis of the samples transferred in accordance with the provisions of article 18 of this law, may only be used for the purposes for which they have been collected. and, where appropriate, to report facts that may constitute an administrative infraction or crime. They may also be used for scientific studies, as long as the identity of the people is not revealed.

3. Without prejudice to the responsibility that proceeds, in accordance with the specifically applicable legislation, in particular regarding the protection of personal data, infractions in custody and, where appropriate, the disclosure, communication and illegitimate assignment of personal data related to doping controls and procedures are considered a very serious infraction with respect to those personnel who hold the status of public employee in accordance with the provisions of article 95.2.p) of the consolidated text of the Law of the Basic Statute of Public Employees approved by Royal Legislative Decree 5/2015, of October 30, and its development legislation.

Article 51 Responsibility of managers, staff of sports entities and other persons

1. The personal data obtained in the development of their functions by the leaders and by the rest of the personnel of sports entities with competence for it, may only be used for the purposes for which they have been collected and, where appropriate, to reporting facts that may constitute an administrative infraction or crime.

2. Without prejudice to the responsibilities that proceed, in accordance with current legislation, the infractions referred to in the previous section will be considered very serious among those provided for in article 76.2 of Law 10/1990, of October 15th.

3. Any other people who participate in doping controls will have the same obligation of confidentiality and secrecy regarding personal data or information that they know in the exercise of their functions. Violations of this obligation will be penalized and reported to the respective professional associations for appropriate disciplinary purposes.

Article 52 Authorization for transfer of personal data

Data related to doping controls may be transferred, under the terms provided in Organic Law 3/2018, of December 5, Protection of Personal Data and guarantees of digital rights, in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data, to the organizations public or private international organizations of which Spain is a part and that participate in the fight against doping in sports, within the framework of the legally binding international commitments assumed by Spain, or to carry out statistics or research studies.

The transfer of data related to doping controls for statistical or scientific research purposes may only be done when such transfer is proportional to the objective pursued, essentially respects the right to data protection and sufficiently protects the interests and rights fundamentals of the interested party.

TITLE IVControl and general supervision of products susceptible to doping in sport

CHAPTER IMeasures for the control and supervision of products, medicines and nutritional supplements

Article 53 Obligation to declare of products likely to cause doping in sport

1. Products and substances that are likely to give an adverse analytical result in a doping control originating from a third country, which are going to be introduced into Spanish territory, will be considered for all purposes as coming from a third country, requiring the corresponding control. health at the border in accordance with current legislation on the matter.

The introduction into the country of products and substances capable of giving an adverse analytical result in a doping control, originating from a country of the European Economic Area, will be governed by the applicable national and European regulations.

2. The athletes, sports teams or groups and the managers that represent them, regardless of the country of origin, are obliged, prior to their entry or at the time of entering Spain to participate in a sporting activity or competition, to send to the State Agency the Spanish Commission for the Fight against Doping in Sport, duly completed, the notification forms of entry into the country that it establishes, in which the medicines and medical devices that are transported for use or may be identified necessary to deal with contingencies arising from any medical emergency, their units and the doctor responsible for their administration. These products must not be intended to increase the physical capacities of athletes or modify the results of the competitions in which they participate. Said products may accompany travelers or be sent separately for this purpose.

When the sporting activity or competition is organized by regional sports federations, it will be the respective Autonomous Community that receives the notification forms referred to in the previous paragraph, transferring the information to the State Agency, and exercising the obligations of control within their respective territory.

The obligations referred to in the preceding paragraphs are understood without prejudice to those established in terms of customs control to authorize the circulation of medicines or health products in Spanish territory.

3. The State Agency of the Spanish Commission for the Fight against Doping in Sport, after receiving the mandatory notification of the entry forms in the country, in order to verify compliance with the provisions of this law and the provisions for its development, you can inspect in the customs area or in any other place where goods can be presented to the customs authorities, under the coordination of the competent bodies in the application of the customs system of the State Tax Administration Agency, in accordance with the provisions of article 42 of Regulation (EU) No.^o 952/2013 of the European Parliament and of the Council, of October 9, 2013, which establishes the customs code of the Union, the products and substances capable of giving an adverse analytical result in a doping control that are reflected in it, as well as the documents that accompany them.

4. In the case of detecting the introduction into the country of medicines or health products without having made the mandatory notification of entry into the country to the State Agency Spanish Commission for the Fight against Doping in Sport, these may be seized by the said commission. The seized products may be used for research purposes, when deemed necessary.

Article 54 Information on the marketing of certain products

The State Agency of the Spanish Commission for the Fight against Doping in Sport may request the collaboration of the Spanish Agency for Medicines and Health Products so that it is informed about the marketing of those authorized medicines capable of producing doping in the field of sport. If necessary, and within the scope of its competence, it may request the same collaboration from the Spanish Agency for Food Safety and Nutrition.

Article 55 Power of inspection

1. The State Agency of the Spanish Commission for the Fight against Doping in Sport, within the scope of its powers, is responsible for carrying out the necessary inspections to ensure compliance with the provisions of this law.

The Spanish Commission for the Fight against Doping in Sport State Agency will ensure compliance with this law, carrying out the appropriate inspections, with officials with the proper qualifications and university education in the pertinent subjects.

The power of inspection of the Spanish Commission for the Fight against Doping in Sport State Agency will be developed in the terms and with the limits and conditions established in this law and without prejudice to the need to collect, where appropriate, the judicial authorization or ratification provided for in the sixth section of article 8 of Law 29/1998, of July 13, regulating the Contentious-administrative Jurisdiction.

2. The inspection actions carried out by the Spanish Commission State Agency for the Fight against Doping in Sport will be carried out by public officials who, in the exercise of their functions, will have the status of agents of the authority and, therefore, , the consideration of public authority.

The inspectors of the Spanish Commission for the Fight against Doping in Sport State Agency will be provided with an official document proving their condition, which will be issued by its Director.

In their exercise, the inspectors of the Spanish Commission for the Fight against Doping in Sport will enjoy full technical and functional autonomy, and will be guaranteed protection against all types of violence, coercion and threats, and independence from any undue influence.

Inspectors of the Spanish Commission for the Fight against Doping in Sport State Agency who carry out inspection functions, when they perform such functions and prove their identity, will be authorized to:

The minutes drawn up by the inspectors of the State Agency Spanish Commission for the Fight against Doping in Sport will have the character of a public document and, unless the contrary is proven, they will prove the facts that are collected in them.

3. The State Agency of the Spanish Commission for the Fight against Doping in Sport, in the performance of its functions, may request the collaboration of the Security Forces and Corps.

In the cases in which the Director considers it appropriate, the duly accredited officials of the State Agency Spanish Commission for the Fight against Doping in Sport may be assisted by experts, technicians and specialists who are of special interest in inspection tasks . They will not be considered agents of the authority and their activity will only be limited to the assistance and collaboration with the inspection personnel, under the orders of which they will carry out their work.

4. Specifically, the State Agency of the Spanish Commission for the Fight against Doping in Sport, may inspect sports first-aid kits, premises and other elements that allow the custody or housing of products and substances capable of giving an adverse analytical result in a doping control . The persons or entities that have access to these sports first-aid kits, premises and other elements must, at all times, allow access to their premises and files to the State Agency, Spanish Commission for the Fight against Doping in Sport, to carry out said inspections.

In the same way, the State Security Forces and Corps, the State health inspection services as well as the bodies of the Autonomous Communities that have been attributed competence for it, on their own initiative or at the request of the Spanish Commission State Agency for the Fight against Doping in Sport, may inspect sports first-aid kits, premises and other elements that allow the custody or housing of products and substances likely to give an adverse analytical result in a doping control, without prejudice to the provisions of the sixth section of the Article 8 of Law 29/1998, of July 13, regulating the Contentious-Administrative Jurisdiction, in the cases in which it is applicable.

5. For the purposes of exercising the sanctioning power by the Administration, the type of substances, the number of units, the therapeutic justification, as well as the rest of the issues directly linked to their professional practice, will be taken into account.

6. By order of the person in charge of the Ministry of Culture and Sports, the admissible content of first-aid kits will be established and, specifically, of those medicines and medical devices that are necessary to attend to contingencies arising from any medical emergency.

The custody, conservation and dispensing of these medicines must comply with the provisions of the specific regulations in force that are applicable.

7. The results of the customs controls on first-aid kits and other instruments provided for in section 4 of this article carried out by the State Tax Administration Agency and the competent bodies for border health control in the development of their functions will be reported. to the competent body in the terms established by Order of the head of the Ministry of Culture and Sports.

8. The State Agency of the Spanish Commission for the Fight against Doping in Sport, ex officio or at the request of the customs authorities, may inspect said first-aid kits, in order to verify compliance with the provisions of this law and the provisions for its development, in relation to products and substances likely to give an adverse analytical result in a doping control. Both types of actions will be carried out applying the provisions of article 42 of Regulation (EU) No.^o 952/2013 of the European Parliament and of the Council, of October 9, 2013, which establishes the customs code of the Union.

Article 56 Confiscation

1. Substances and products capable of producing doping in sports or sports activities and the instruments or tools used for this purpose may be subject to confiscation by the competent administrative authorities, as a provisional measure, within the sanctioning procedures, or prior to them.

In this second case, the body competent to initiate the disciplinary procedure must ratify this measure during the processing of the file. When the corresponding sanctions are imposed, this measure may become final. The seized items may be assigned by the State Agency of the Spanish Commission for the Fight against Doping in Sport for research purposes.

2. The provisions of the previous section shall not apply when the conduct constitutes an offense against contraband, in which case the provisions of Organic Law 12/1995, of December 12, on the Suppression of Contraband shall apply.

CHAPTER IIConditions of use of products likely to cause doping in sport

Article 57 Marketing and use of food products

The Ministry of Health will establish, in agreement with the State Agency of the Spanish Commission for the Fight against Doping in Sport, and in agreement with the Autonomous Communities, specific information and advertising mechanisms for food products that, without being medicines , may produce an adverse analytical result of doping in the field of sport.

Specifically, the Spanish administrative authorities will establish the appropriate procedures for the declaration of food products that are introduced into Spain and that may be understood to be included in the scope of this law.

Article 58 Specific prohibitions on the commercialization, in establishments dedicated to sports activities, of certain products that contain substances prohibited in sports because they are susceptible to producing doping

1. For the purposes of this law, the sale, deposit, marketing or distribution, under any modality, in establishments, facilities, centers, services and entities dedicated to sports activities, and in sporting events, of those products that contain substances prohibited in sport because they are susceptible to doping, declared as such in accordance with this law.

2. Likewise, it is prohibited to encourage the consumption of the products determined in the previous section in the places referred to in the same.

Article 59 Advertising and sales through electronic systems

1. The Spanish Commission for the Fight against Doping in Sport State Agency will establish a specific program to fight against misleading advertising in this matter and, in general, against those advertising behaviors that encourage its consumption.

2. Specifically and in coordination with the competent bodies of the General State Administration, a control program will be established for the sale and marketing of these products over the Internet and other means of electronic sales.

ADDITIONAL PROVISIONS

First additional provision National Anti-Doping Organization

For the purposes provided in the World Anti-Doping Code and in the internal regulations of the World Anti-Doping Agency, the State Agency Spanish Commission for the Fight against Doping in Sport will be considered a National Anti-Doping Organization and will exercise the powers that correspond to it in that area.

Second additional provision State Agency Spanish Commission for the Fight against Doping in Sport

From the entry into force of this law, the Spanish Agency for the Protection of Health in Sport will be renamed the State Agency of the Spanish Commission for the Fight against Doping in Sport.

Third additional provision Fight against animal doping in sports competitions

Within six months from the entry into force of this law, the Government must submit a bill to combat animal doping.

Fourth additional provision Protection of personal data

1. The processing of personal data regulated in this law will be carried out in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and by which Directive 95/46/CE is repealed, and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and in Organic Law 7/2021, of May 26, on the protection of personal data processed for the purposes of prevention, detection, investigation and prosecution of criminal offenses and execution of criminal sanctions.

The rights of access, rectification and deletion will be exercised in accordance with the regulations referred to in the previous paragraph.

2. All those data that are essential for the development and execution of the actions, techniques and procedures that are articulated to guarantee the development of clean sports competitions, in conditions of equality and protection of the health of athletes. In particular, the identification data of the athletes, health, location of athletes, infractions and administrative sanctions and, where appropriate, criminal data, among others, are subject to treatment.

3. The purposes pursued with the processing of data collected under the provisions of this law are the prevention and prosecution of doping in sport, as well as guaranteeing the development of sports competitions in terms of equality and according to the natural capacities and preparation of the athletes. It will also be the treatment of the data collected for statistical purposes or to carry out scientific research studies.

4. The State Agency of the Spanish Commission for the Fight against Doping in Sport, the Autonomous Communities in accordance with their respective areas of competence and in accordance with the Agreements signed between them and the one that are applicable are responsible for the treatment.

5. All those companies, entities, organizations or autonomous professionals who, in order to provide services to the Spanish Agency of a service to a third party (another company, entity, organization or autonomous professional), access and treat necessarily personal data of which the Spanish Agency Spanish Commission for the Fight Anti-Doping is Responsible for Treatment.

The data processors will carry out their tasks in accordance with the instructions of the data controller pursuant to the provisions of article 28 of Regulation (EU) 2016/679. In particular, the processes of carrying out doping controls will be carried out respecting the guarantees established in the current legislation.

6. The Higher Sports Council, doping control laboratories, national and international anti-doping organizations, national and international sports federations, organizers of sports competitions, professional leagues or clubs or sports societies that have legitimate interest, conflict resolution bodies whatever their territorial scope, jurisdictional bodies, the Public Prosecutor's Office and the Security Forces and Bodies.

The recipients will also be responsible for the treatment of the data that has been communicated in accordance with the provisions of this law and the regulations that apply to them for the same treatment.

7. The main legal basis of the treatment in accordance with the objective and purpose of this law is the fulfillment of an essential public interest, as well as the exercise of public powers in the fulfillment of a mission carried out in the public interest in accordance with the provisions of articles 9.2.g), 6.1.e), and 89 of Regulation (EU) 2016/679.

There are also treatments whose legal basis is found in letter c) of article 6.1 of Regulation (EU) 2016/679 in relation to compliance with a legal obligation applicable to the controller, as well as the consent of the interested party in section a) of the same article for one or more specific purposes.

Regarding the processing of special categories of data, the provisions of article 9.2.g) of Regulation (EU) 2016/679 will apply and, where applicable, the provisions of letter i) of the same section and concordances of the provided for in article 6 of Regulation (EU) 2016/679.

The legal basis applicable to transfers of personal data to third countries or international organizations and in accordance with the statement contained in recital 112 of Regulation (EU) 2016/679 that expressly alludes as an exception to the prohibition of transfers the elimination of doping in sport, will be article 49.1.d) of Regulation (EU) 2016/679.

8. The data collected will be limited to that necessary to fulfill the purposes described, in accordance with the principle of data minimization.

9. The data collection will be done in accordance with current legislation with special attention to compliance with the duty of prior information to the interested parties about the conditions, rights and obligations of the treatment, as well as to the possible recipients in the terms provided in the law.

The data subject to processing may also be communicated to the jurisdictional bodies, the Public Prosecutor's Office or the Security Forces and Corps for the exercise of their powers to investigate crimes or misdemeanors in accordance with the provisions of this organic law, without prejudice to the application to your treatment of the legislation regulating the exercise of jurisdictional power or those that may be applicable.

The communication of the personal data of the interested parties in the doping control processes is carried out in accordance with the applicable data protection regulations and those established in this law and in its implementing regulations.

The samples obtained from the doping controls will not be accompanied by personal information of the subjects subject to the control, but will be categorized with a numerical code that prevents the identification of the interested parties.

10. In accordance with the purpose of the treatment, the data collected by virtue of the legal provisions will be kept for the time necessary to fulfill the purpose for which they were collected and, where appropriate, for the time necessary to meet the responsibilities derived from its treatment before the competent administrative or judicial bodies. Once said conservation period has elapsed, the data will be deleted in such a way that it is impossible to correlate or identify them with the interested parties.

11. The public administrations that are responsible for the treatment must guarantee the application of the mandatory security measures that result from the corresponding risk analysis, taking into account, in any case, the provisions of Royal Decree 3/2010, of 8 January, which regulates the National Security Scheme in the field of Electronic Administration.

The other data controllers must guarantee the application of security measures similar to the previous ones, guaranteeing the use of the appropriate technology for data processing, in accordance with the state of the art and the needs and procuring, in communications containing personal information, the use of encryption or encryption.

12. The exercise of rights for natural persons subject to data protection regulations will be guaranteed in accordance with said regulations. Requests for such rights will be addressed by the data controller in the terms established in current legislation.

TRANSITIONAL PROVISIONS

First transitory provision Offenses committed before the entry into force of the law and ongoing disciplinary proceedings

1. Doping offenses that have been committed before the entry into force of this law will be governed by the provisions of the previous regulations. Those that are committed from the day of its entry into force will be governed by this law.

2. Disciplinary procedures regarding the repression of doping in sport that have been initiated before the entry into force of this law, will be governed by the previous regulations, unless the interested party voluntarily opts for the application of this law. .

Second transitory provision Authorizations for doping controls

The authorizations granted under the previous regulations will continue to be valid once this law comes into force, until its renewal proceeds, which will be in accordance with the provisions of this law and its implementing regulations.

Third transitory provision Recidivism under different regulations

For the purposes of the provisions of sections 6 and 7 of article 28 of this law, when the previous or previous infractions had been committed under the validity of Organic Law 3/2013, of June 20, the sanction period for this first infraction it will be calculated applying the norms of the present law.

Fourth transitory provision Exercise of sanctioning powers until the effective constitution of the Anti-Doping Sanctioning Committee

1. Until the effective constitution of the Anti-Doping Sanctioning Committee, the powers attributed to it in this law will be exercised by the Director of the State Agency, Spanish Commission for the Fight against Doping in Sport.

2. In relation to the provisions of article 46.3, the first renewal of the Anti-Doping Sanctioning Committee will reach three of these members who will therefore serve a first term of two years. In this regard, once the seven members of the first constitution of the Anti-Doping Sanctioning Committee have been elected, the Governing Council will determine by lottery the three members appointed for a first term of two years. The next renewal will affect the remaining four, and so on.

Single repealing provision

Ley Orgánica 3/2013, de 20 de junio, de protección de la salud del deportista y lucha contra la dopaje en el actividad deportiva, a excepción de las artículos 2 y 3 de capítulo I del título I, y of chapter III of title II of the same; as well as any precepts of regulations of equal or lower rank that oppose the provisions of this law.