Sports Act

Non-Updated version:

JUAN CARLOS I

KING OF SPAIN

All those present have regard and understand

Know that the Cortes Generales (Spanish Parliament) has approved the following Act and I sanction it.

 
PREAMBLE

Sport, in its multiple and many varied manifestations, has become one of the most attractive social activities of our time, with the capacity for mobilisation and gathering together of people.

Sport is established as a fundamental element in the educational system and participating in it is important in maintaining health. Hence it is a factor in correcting social imbalances which contributes towards the development of equality amongst citizens, creating habits that are beneficial for social insertion and, likewise, playing in a team promotes solidarity. This all comes to make sport take the form of being an element determining the quality of life and the active and participatory utilisation of leisure time in contemporary society.

The importance of sport was contained in a set of guiding principles of social and economic policy that are included in the Third Chapter of Title I of the Constitution, wherein article 43.3 states: «Public authorities will promote health education, physical education and sport. It will likewise facilitate the proper utilisation of leisure».

The response to the constitutional duty to promote sport came, firstly, by means of the 13/1980 Act. This was of extraordinary significance at the time but it is now necessary to replace it, not so much because of the time that has passed since its publication but because of the demands arising from the agreed interpretation of the autonomous process, and owing to the particular evolution of the sports phenomena.

The fundamental goal of the new Act is to regulate the legal framework in which it is necessary to carry on the playing of sport under the auspices of the State. This involves rejecting, on the one hand, the easy temptation to assume an excessively public role, and, on the other hand, the propensity to abdicate all responsibility in the arrangement and rationalisation of any sector of collective life. To do this, it is unnecessary to make use of a discourse on the legal nature of sporting activities. This is because playing sport is free and voluntary and its basis lies in society. It is sufficient to affirm the mandate, expressed in article 43 of the Constitution and implicit in all of the text thereof, to explain and justify that one of the most noble forms of promoting an activity is to become involved with it and the effects thereof, organise its development on reasonable terms, participate in the organisation of the same whenever necessary and contribute towards financing it.

While the allocation of competences regarding sport or the promoting of sport is made explicit in the different Statutes of Autonomy – and for that reason this Act does not deal with carrying out redistribution activities that do not correspond hereto - it is firstly no less certain that a similar attribution must be made in strict association with the territorial spheres of the respective Autonomous Communities, and secondly, that sport constitutes a subject – to use constitutional terms - which doubtless has a bearing on various areas of competence. In this respect, there are several coordinated activities of cooperation between the State Authority and that of the Autonomous Communities for those concurrent competences which will doubtless lead to a more dynamic sports policy, with multiplying effects.

With respect to the first aspect, it seems clear that the competitive facet of the State and international sphere that is inherent to sport justifies the action of the State. As the Constitutional Court affirmed at the time, the management of the particular interests of the Autonomous Communities «certainly does not allow for the appropriation of interests that are particular to Spanish federated sport as a whole», in such a way that it is completely necessary to connect public involvement with the sphere in which the sport is carried out. In short, this makes it possible to disassociate the respective fields of action of the State and the Autonomous Communities. And, of course, this is done in this Act which gives notice, in different rules, of the mapping out of its objectives deriving from the constitutional demands and which correspond to the competences of the State Administration, leaving aside those that legitimately correspond to the Autonomous Communities.

With respect to the second aspect, it is also clear that sporting activities constitute an evident cultural manifestation, about which the State must not and cannot demonstrate itself to be separate from the particular Constitution, even though this is only in order to facilitate the necessary communication between the different autonomous spheres. Moreover, this is without knowing which of the responsibilities for education, research, health or commercial legislation guarantee State action on the subject, in their supra-autonomous facet. This is with full observance of the competences assumed by the Autonomous Communities in their Statutes of Autonomy which, in certain territories, have led to the promulgation of sports legislation particular to this sphere. On the basis of this reality, the corresponding articles are declared to be supplementary.

The sports phenomenon, of free and voluntary activity, shows these clearly differentiated aspects:

The playing of sport by citizens as a spontaneous, committed and leisure activity or one with educational or health objectives.
Sports activities organised through associative structures.
The sporting event, a phenomenon of the masses, increasingly more professionalised and commercialised.
These different realities require specific forms of treatment.
The Act aims to set out certain objectives that are directly related to the aspects of sport stated above:
Encourage the playing of sport and arrange its functioning, when this transcends the Autonomous Community sphere.
Recognise and facilitate sports activities organised through associative structures.
Regulate sporting events, considering them to be a progressively commercialised activity.
In referring to the contents that must contribute towards setting out the stated objectives, it is necessary to assert that the Act is a text that regulates sport, and that its general principles specify the treatment recognised to physical education. This forms part of the integral education of the individual and, therefore, as a substantial part of the educational system, there must be laws and regulations of an educational nature, which regulate this topic without discrimination or marginalizing people.

Without doubt, one significant Title of the Act is that which relates to sports associations’ involvement.

At the first level, the Act proposes a new model of sports associations’ involvement which seeks, on the one hand, to benefit grass roots sports associations’ involvement, and on the other, to establish a model of legal and financial responsibility for the Club that carries on activities of a professional nature. The aim is to achieve the former by means of the creation of elementary sports clubs, with a simplified constitution. The second one is by means of converting professional clubs into Sports Public Limited Companies, or the creation of such Companies for the professional teams of the relevant sports modality. This is a new legal form which, being inspired by the general system of Public Limited Companies, incorporates certain specific features in order to adapt itself to the world of sport.

Likewise, the Act pays special attention to Spanish sports federations and the professional leagues as second level associative forms. For the first time, the legislation recognises the private-legal nature of the Federations, at the same time as allocating public functions of an administrative nature to them. It is in this latter dimension in which the different rules of guidance and control that the State Administration can exercise over the Federations are maintained. Furthermore, the Act, on an interim basis, has established, with full and perfect observance, respect for the principles of self-organisation that are compatible with the monitoring and protection of the public interest of those attending.

Groupings of Clubs and Sports Promotion Entities are regulated as associations of a State scope and supra-autonomous incorporation. The first ones have the exclusive object of setting out sports activities in those modalities and activities that are not contemplated by the Spanish sports federations. The second ones are presented as promoters and organisers of physical and sports activities with exclusively leisure, training or social activities.

With respect to the imposing of a special corporate-legal form in the undertaking of professionalised sport, the obligatory nature of the constitution establishes, within the fedrative structures, the leagues that are exclusively and by law made up of all of the Clubs that participate in official competitions of a competitive nature. The Act does not authorise a break up of the federative core, because therein lies the true catalysing element of the work of promoting sport. However, it does recognise the legal personality and organisational and functional autonomy of the professional leagues to the standard and with the intensity that is recommended for this form of playing sport. It follows from this that the leagues are allowed to organise their own competitions in coordination with the respective Spanish sports federation, and in accordance with the criteria which, in exclusive guarantee of international commitments, may be guaranteed by the State Administration, as applicable.

A corollary to the recognition of the private nature of sports federations and their role as bodies which assist the State is a direct and generic declaration of public utility that the Act sets out. The official seal which, by virtue of State authorisation, is held by the Spanish sports federations finds its most visible manifestation here and, at the same time, justifies the guidance and control of the State over the same.

Another aspect that it is expressly necessary to mention is that which makes reference to top-level sport, and above all to the measures of protection of sportsmen and women who, owing to their special qualities and dedication, represent the Spanish nation in competitions of an international nature. None of the countries of our cultural environment have overlooked the task of protecting these types of sports activities, with the recommended attention being placed on said sportsmen and women. All of the measures that the Act proposes have been sought for many years by sports agents and, at the present time, by the representatives of the Spanish political spectrum, by means of a motion that was unanimously approved at the “Congreso de los Diputados” (Spanish Lower Parliamentary Chamber).

The Act presses for the need to set out instruments in order to combat and prevent the consuming of prohibited substances or the use of illegal methods aimed at artificially increasing the performance of sportsmen and women. This is due to both the harm that this represents for the health of sportsmen and women and because it detracts from the particular sports phenomenon. Prevention and control measures, the definition of prohibited substances and non-regulatory methods, the creation of an «Anti-doping commission» and the obligatory nature of federated sportsmen and women being subject to checks are aspects included in the text.

Growing social concern about the increase in violence at sporting events or surrounding them, justifies the Act incorporating particular measures for combating the phenomena of violence in this sphere. The aim of the Act with this is, on the one hand, to adopt the precepts of the European Convention on Violence, drafted by the Council of Europe and ratified by Spain in 1987 and, on the other, to include certain recommendations and measures proposed by the Special Commission on violence at sporting events and unanimously passed by the Spanish Senate. Amongst these we can highlight the creation of a National Commission against Violence at these events and the classification of the administrative infringements relating to safety measures, together with the sanctions corresponding to such infringements.

The Act also contemplates other aspects which, it is necessary to list in a brief form. The definition of sports competitions, the regulation of the instructions that are nowadays the basis of numerous professional situations, the incorporation of the fundamental criteria of the sports disciplinary procedure into the Act, the opening of the process of extra-judicial conciliation in sport in accordance with the new Arbitration Act, the creation of the General Sports Assembly, with the Spanish Olympic Committee being likewise constituted as a private association whose object consists of the development of the Olympic movement and the publicising of its ideals, declaring this to be of pubic utility for the purposes of the objectives that are particular to it.

Lastly, it is also necessary to point out the new features that the additional provisions entail. On the one hand, the possibility is considered of an exception in the transforming of those Clubs that are already participating in professional sports competitions into Public Limited Companies that have shown proper management with the associative procedure, maintaining a positive net capital for the last four financial years. In the event of these clubs being transformed into Public limited Companies, a specific regime is imposed on them for the personal liability of their directors that guarantees the financial stability of the clubs. On the other hand, the VAT Act is amended, in order to benefit grass roots sports associations’ involvement, bringing together the spirit of the European Directive and matching the fiscal regime of the Spanish supporter’s clubs to their Community counterparts.

TITLE I
General principles

Article 1.

1. The object of this Act is the organisation of sports, in accordance with the competences that lie with the State Administration.

2. Playing sport is free and voluntary. As a fundamental factor in the training and integral development of personality, it constitutes a cultural manifestation that will be protected and encouraged by the State public authorities.

3. The State will recognise and encourage organisational and promotional activities carried on by sports associations.

4. The exercising of the respective functions of the State public sector and of the private sector in sport will be adapted to the principles of responsible collaboration between all of those that have an interest in it.

Article 2.

The State Administration will exercise the competences attributed thereto by this Act and it will coordinate those with the Autonomous Communities and, as applicable, the Local Corporations, which could directly and manifestly affect the general interests of sport in the national sphere.

Article 3.

1. The general teaching programme will include physical education and the playing of sport.

2. Physical education will be taught as a compulsory subject at all educational levels and grades prior to the university level.

3. All public or private educational centres will be endowed with sports facilities in order to attend to physical education and the playing of sport, under the conditions that are determined by the regulations.

To that end it will be necessary to take account of the necessities of accessibility and adaptation of the areas for people of limited mobility.

4. Sports facilities at educational centres will be planned in such a way that benefits their utilisation for multiple sports, and these will be placed at the disposal of the local community and sports associations, with respect to the normal undertaking of educational activities.

5. In the manner that is determined by the regulations, the State Administration will determine the sports activities of Universities that may fall within the state sphere and the promotion thereof, with the aim of ensuring their international promotion, taking account of the competences of the Autonomous Communities and the particular Universities.

Article 4.

1. The State Administration together with the educational and sports entities will have particular regard to the playing of sport by young people, with the aim of facilitating the conditions for them to be fully integrated into their social and cultural development. 

2. The State Administration has competence to encourage the playing of sport by people with physical, sensory, psychological and mixed disabilities, with the aim of contributing toward their full social integration.

3. Likewise, the State Administration will ensure the necessary resources that make it possible for the sportsmen and women resident in the island territories and Ceuta and Melilla to participate in amateur sports competitions in the State sphere on conditions of equality.

Article 5.

During the fulfilment of Military Service, sports activities will be encouraged with the objective of creating sporting-physical habits that facilitate social and cultural integration.

Article 6.

1. High level sport is considered to be of interest for the State, inasmuch as it constitutes an essential factor in sports development, because of the stimulus that this entails for promoting the sports at a grass roots level, by virtue of the technical and scientific demands for the preparation of it, and because of its representative function in Spain in official sports competitions or trials of an international nature.

2. The State Administration, working together with the Autonomous Communities, as appropriate, will ensure the necessary resources for the technical preparation and the scientific and medical support of top level sportsmen and women, as well as their incorporation into the educational system and their full social and professional integration.


TITLE II
The Higher Sports Council

Article 7.

1. The activity of the State Administration in the sports sector corresponds to and will be directly exercised by the Higher Sports Council [Consejo Superior de Deportes], other than in the cases of delegation set out in this Act.

2. The Higher Sports Council is an autonomous body of an administrative nature associated with the Ministry of Education and Science. In regulatory terms, the Government will be able to modify this association.

3. The governing organs of the Higher Sports Council are the President and the Management Committee.

Article 8.

The competence of the Higher Sports Council is as follows:

a) In a justified manner, to authorise and revoke the establishing and approval of the articles of association and regulations of Spanish sports federations.

b) For the purposes of this Act, recognise the existence of a sports modality.

c) Agree on the objectives and sports programmes with the Spanish sports federations, in particular those concerning high level sport, the organic and structural functions of the former, signing the corresponding conventions to this end. Such conventions will be of a legal-administrative nature.

d) Grant such financial subsidies as may be appropriate, to the Sports Federations and other Sports Entities and Associations, inspecting and verifying that the same are adapted so as to comply with the aims set out in this Act.

e) Assess the official competitions of a professional nature and State scope.

f) Promote and foster scientific research on sports topics, in conformity with the criteria laid down in the Act on the Promotion and General Coordination of Scientific and Technical Research.

g) Promote and foster measures of prevention, checking and eliminating the use of prohibited substances and non-regulatory methods, used to artificially increase the physical capabilities of sportsmen and women or to affect the results of competitions.

h) Act in coordination with the Autonomous Communities with respect to general sports activity, and cooperate with the same in the development of the competences that are attributed to them in their respective articles of association.

i) Upon agreement with the Ministry of Foreign Affairs, authorise or refuse authorisation for the holding of official sports competitions of an international nature in Spanish territory, as well as the participation of Spanish teams in international competitions.

j) Coordinate the programming of school and university sports with a national and international aspect with the Autonomous Communities.

k) In collaboration with the Autonomous Communities, and as applicable, with Local Entities, draft and execute plans for the construction and improvement of sports facilities for the carrying out of top level sporting competitions, as well as updating the existing technical regulations concerning this type of facility within the scope of its competences.

l) Prepare proposals for the establishing of the minimum teaching requirements for specialist technical sports qualifications.

It is likewise responsible for working together in the establishing of the programmes and syllabi relating to said qualifications, recognising the centres authorised for teaching them, and inspecting the undertaking of the training programmes in those Autonomous Communities that have not assumed competences in educational matters.

m) Authorise the multi-annual costs of the Spanish sports federations in the cases set out under the regulations, determine the use of the net capital of these in the event of dissolution, control the subsidies that have been granted thereto and authorise the levying and conveyance of their property assets, when these have been wholly or partially financed with State public funds.

n) Update the census of sports facilities on an ongoing basis in association with the Autonomous Communities.

o) Authorise the inscription of Sports Public Limited Companies in the Register of Sports Associations, inscribe the acquisition and conveyance of significant stakes in their shareholding sand authorise the acquisition of their securities in the terms set out in Article 22.2. (Amended by 50/1998 Act)

p) Authorise the inscription of Spanish sports federations in the corresponding sports federations of an international nature.

q) Assist on matters of the environment and the defence of nature with other public bodies with competences in this and with the federations, especially related to the former.

r) Oversee the effective application of this Act and the other rules that implement it, to this end exercising the appropriate actions together with any other power that is attributed under the law or regulations, which seeks fulfilment of the purposes and objectives set out under this rule (Amended by the 50/1998 Act)

Article 9.

The President of the Higher Sports Council, with the rank of Secretary of State, is appointed and dismissed by the Council of Ministers. He holds the form of representation and the senior management of the Council, administers its capital, executes the particular contracts of its activity and issues administrative documents on its behalf.

Article 10.

1. A Management Committee is established within the Higher Sports Council, made up of the representatives of the State Administration, Autonomous Communities, Local Entities and Spanish sports federations, whose presidency corresponds to the particular President of the Council. Likewise, persons of recognised standing in the world of sport nominated by the President of the Higher Sports Council will form part of this Committee. 

The composition and functioning of the Management Committee will be determined under the regulations.

2. The specific competences of the Management Committee, amongst others, are as follows:

a) In a justified manner, authorise and revoke the incorporation of Spanish sports federations.

b) Definitively approve the articles of association and regulations of the Spanish sports federations, of the professional leagues and the Groupings of Clubs, authorising their inscription in the corresponding Register of Sports Associations.

c) Appoint the members of the Spanish Sports Disciplinary Committee.

d) In a justified manner, and on an interim and provisional basis, suspend the President and other members of the organs of government and control of the Spanish sports federations and professional leagues, and convene said collegiate bodies in the cases that are referred to in Article 43 b) and c) of this Act.

e) Recognise the existence of a sports modality for the purposes of this Act.

f) Assess the official competitions of a professional nature and of a State scope.

g) Authorise the inscription of the Spanish sports federations in the corresponding sports federations of an international nature.

h) Authorise the inscription of the Sports Public Limited Companies in the Register of Sports Associations.

Article 11.

1. The capital of the Higher Sports Council will be made up of the assets and rights whose ownership corresponds thereto.

2. With regard to its particular assets and those that the State may ascribe thereto, the Higher Sports Council exercises the powers of administration, defence and recouping that the Administration grants thereto under the laws concerning State Capital. 

3. For the conveyancing, assignment and exchange of the particular assets of the Higher Sports Council, reference will be made to the terms of the legislation on State Capital.

4. The resources of the Higher Sports Council will comprise the following, amongst others:

a) The financial book entries that are annually included in the General State Budgets.

b) Those from Taxation and Public Prices.

c) The subsidies granted by the Administrations and other public entities.

d) Those gifts, inheritances, legacies and awards that are granted thereto.

e) The financial profits that could derive from the events that contribute towards the realisation of its goals and objectives as set out in this Act.

f) The profits from its capital assets.

g) The awards and loans that it obtains.



TITLE III
Sports Associations

CHAPTER I
General provision

Article 12.

1. For the purposes of this Act, sports associations are classified into Clubs, Groupings of Clubs at a State level, sports promotion entities at a State level, Professional Leagues and Spanish sports federations. 

2. The Leagues are associations of Clubs which will be exclusively and on an obligatory basis, incorporated when there are official competitions of a professional nature and a State scope, as set out in Article 41 of this Act.

3. It will be possible to recognise Groupings of Clubs at a State level with the exclusive object of undertaking sports activities in those modalities and activities not contemplated by the Spanish sports federations. Only one Grouping for each sports modality not contemplated by said Federations may be recognised.

For the undertaking of the sports activity object of its creation, said Groupings will coordinate their administration with the sports federations at an Autonomous level that have contemplated such a sports modality.

The recognition of these Groupings will be reviewed every three years.

4. The denominations of Sports Public Limited Company, Professional League and Spanish sports federation will be applied for all purposes to the sports associations that are regulated under this Act.




CHAPTER II
Sports Clubs


Article 13.

For the purposes of this Act, sports clubs are considered to be those private associations, made up of private individuals or legal person whose object is the promotion of one or several sports modalities, the playing of the same by their members, as well as participation in sports competitions and activities.

Article 14.

On the basis of the circumstances that are set out in the Articles hereinbelow, sports clubs are classified into:

a) Elementary sports clubs.

b) Basic sports clubs.

c) Sports Public Limited Companies.

Article 15.

1. All Clubs, whatever may be their specific objective and the legal form they adopt, will be inscribed in the relevant Register of Sports Associations.

2. The recognition of a Club for sports purposes will be substantiated by means of the certification of the inscription that is referred to in the preceding section.

3. In order to take part in competitions of an official nature, the Clubs will firstly have to be registered with the respective Federation. This registration should be made through the autonomous federation when these are integrated into the relevant Spanish Federation.

4. In order to participate in official competitions at a State level or of an international nature, sports clubs will adapt their articles of association or operational rules to the conditions laid down in Articles 17 and 18 of this Act. Their registration will furthermore be made with the corresponding Spanish Federation.

Article 16.

1. The incorporation of an elementary sports club will lead to the entitlement to obtain a Sports Identity Certificate, on the terms and for the purposes that are determined under the regulations.

2. For the incorporation of these clubs it will be sufficient that their promoters or founders sign a private document, whenever they are private individuals, in which the following will appear, as a minimum:

a) Name of the promoters or founders and of the delegate or supervisor, with their identification data.

b) Intention to incorporate the Club, purposes and name of the same.

c) A domicile for the purposes of notifications and relations with third parties.

d) Express subjecting to the sports rules of the State and, as the case may be, those that govern the modality of the respective federation.

3. The sports clubs that are referred to in this article will be able to establish their internal operational rules in accordance with democratic and representative principles. In the absence thereof, those for the implementation of this act will be applied.

Article 17.

1. For the incorporation of a basic sports club, its founders will register the founding deed in the corresponding Register as set out in Article 15. The deed will be executed before a notary with at least five founders and contain the intention of the latter to incorporate a club with an exclusive sports object.

2. They will likewise submit their Articles of Associations, which will record, as a minimum:

a) Denomination, object and domicile of the Club.

b) Requirements and procedure of acquisition and loss of the status of members.

c) Rights and duties of the members.

d) Organs of government and of representation and an election system, which will be adapted to democratic principles.

e) Regime of the liability of the directors and members, which will be laid down under the regulations. In any event, the directors will be liable to the members, the Club or third parties, for fault or serious negligence.

f) Disciplinary procedure

g) Financial-economic and capital regime.

h) Procedure for reforming its Articles of Association.

i) Procedure for dissolution and allocation of its assets, which in any event will be applied for analogous purposes of a sports nature.


Article 18.

1. Public or private entities, endowed with a legal personality, or groups existing within the same, which have been incorporated in conformity with the corresponding legislation, will be able to access the Register of Sports Associations when they carry on sporting activities of a complementary nature to their main object.

2. For the purposes set out in the preceding section, the corresponding Entity or group will be able to execute a public deed before a notary in which, in addition to the general provisions, the intention to incorporate a sports club, including the following, is expressly indicated: 

a) Articles of Association or part of the same that substantiate their legal nature or reference to the legal rules that authorise their incorporation as a group.

b) Identification of the delegate or supervisor of the Club.

c) System of representation of the sportsmen and women.

d) Differentiated budget regime.

Article 19.

1. The Clubs, or their professional teams, that take part in official sports activities of a professional nature or State scope, will adopt the form of a Sports Public Limited Company that this Act referred to. Said Sports Public Limited Companies will be subject to the general regime of Public Limited Companies, with the particular features that are contained in this Act and its rules of implementation.

2. The Spanish abbreviation will be included in the corporate name of these Companies.

3. The corporate object of the Sports Public Limited Companies will be participation in sporting competitions of a professional nature and, as appropriate, the promotion and development of sporting activities, together with other activities relating to or deriving from said practice.

4. The Sports Public Limited Companies will only be able to participate in official professional competitions of one single sporting modality.

Article 20.

1. Sports Public Limited Companies and clubs that participate in a professional competition will be registered, in accordance with the terms set out in Article 15, in the corresponding Register of Sports Association and in the respective Federation.

The certification substantiating the entry registration of a Sports public Limited Company in the Register of Sports Associations will be accompanied by an application for the registration of the latter in the Companies Register.

(Section amended by the 50/1998 Act)

2. The founders of Sports Public Limited Companies will not be able to reserve advantages or remunerations of any type for themselves.

3. The financial undertaking of Sports Public Limited Companies will be determined in accordance with the timetable established by the corresponding Professional League.

Article 21.

1. The criteria for the setting of the minimum capital of Sports Public Limited Companies which under no circumstances will be less than that established in the Public Limited Companies Act will be determined under the regulations.

2. The minimum capital of Sports Public Limited Companies must be wholly paid out by means of monetary contributions. 

3. The capital of Sports Public Limited Companies will be represented by nominative shares. (Amended by the 50/1998 Act)

Article 22. (Amended by the 50/1998 Act)

1. All private individuals or legal persons that acquire or transfer a significant stake in a Sports Public Limited Company will inform the Higher Sports Council of the scope, time period and conditions for the acquisition or transfer, on the terms that are set out under the regulations.

A significant stake in a Sports Public Limited Company will be understood to be that which covers shares or other convertible securities in them or that can provide direct or indirect entitlement to its acquisition or subscription in such a manner that the acquiring part comes or ceases to hold, along with the others that it already possesses, a stake in the capital of the company that is equal to or a multiple of five per cent.

2. All private individuals or legal persons that seek to acquire shares in a Sports Public Limited Company or securities that could provide direct or indirect entitlement to its subscription or acquisition in such manner that, along with those that it possesses, it comes to hold a stake in the total of the voting rights of the company equal to or greater than twenty-five per cent, will have to obtain prior authorisation from the Higher Sports Council.

The Higher Sports Council will only be able to refuse authorisation in the cases stated in the following article. Should no express decision be made in the period of three months from the receipt of the application, it will be considered that the authorisation has been granted.

3. For the purposes set out in this article, the following will be considered to be possessed or acquired by one single private individual or legal person: 

a) The shares or other securities possessed or acquired by the entities pertaining to its same group as these are defined in Article 4 of the Ley 24/1988, de 28 de julio, del Mercado de Valores;

b) The shares or other securities possessed or acquired by the other persons that act on their own behalf but for the account of the former, in an arranged manner or forming one decision-making unit with it.

Unless there is evidence to the contrary, it will be understood that the members of its organ of administration act for the account of a legal person or in an arranged manner with this.

In any event account will be taken of both the domain ownership of the shares and other securities and of the voting rights that are enjoyed by virtue of any title.

Article 23. (Amended by the 50/1998 Act)

1. Sports Public Limited Companies and the clubs that participate in professional competitions of a State scope will not be allowed to directly or indirectly participate in the capital of another Sports Public Limited Company that takes part in the same professional competition or, in a different case, pertains to the same sporting modality.

2. No private individual or legal person that directly or indirectly holds a stake in the voting rights of a Sports Public Limited Company that is equal to or greater than five per cent in another Sports Public Limited Company will be able to directly or indirectly hold a stake equal to or greater than five per cent in another Sports Public Limited Company that participates in the same professional competition or, in a different case, pertains to the same sporting modality.

3. Neither will it be possible for them to acquire shares from a Sports Public Limited Company or other securities that may directly or indirectly provide entitlement to subscription or acquisition when this may lead to the effect of adulterating, detracting from or altering the ordinary course of the professional competition in which the company participates.

4. All acquisitions of shares from a Sports Public Limited Company or of securities that give rise to subscription or acquisition that are made in breach of the terms set out in the preceding paragraphs will be null and void in law.

5. Sports Public Limited Companies will forward information relating to the ownership of their securities to the Higher Sports Council and to the relevant Professional League with the frequency and extent that is determined under the regulations.

6. Sports Public Limited Companies will allow the inspection of the record book of nominative shares by the Higher Sports Council on request from the latter and they will be bound to update these immediately after they have knowledge of the succession in the ownership of their shares.

Article 24. (Amended by the 50/1998 Act)

1. The organ of administration of Sports Public Limited Companies will be a Board of Directors comprised of the number of members that are determined by the Articles of Association.

2. It will not be permitted for the following to form part of the Board of Directors:

a) The persons indicated in the Public Limited Companies Act and other rules of general application; b) those who have been sanctioned for a very serious infringement in a sports matter in the last five years; c) Those at the service of any Public Authority or company in whose capital any Public Authority participates, provided that the activity of the organ or unit that they have membership of are related to that of the Sports Public Limited Companies; d) Those who hold or have held in the last two years a senior management position in the General State Administration and the public law entities that are associated with or reporting to this, on the terms set out in  Article 1.2 of the 12/1995 Act, of May 12, provided that the particular activity of the position is related to that of the Sports Public Limited Companies. 

3. The members of the Board of Directors and those that hold management positions in a Sports Public Limited Company will not be able to perform any post in another Sports Public Limited Company that participates in the same professional competition or, if the case is different, pertains to the same sporting modality.

Article 25.

1. In the case of the transfer of the sports facilities of a Sports Public Limited Company for onerous title, the rights of buy-out and pre-emption that correspond will lie with the Local Council of the place where the facilities have been located or, in the event of this not being exercised, the respective Autonomous Community and, on a subsidiary basis, the Higher Sports Council.

2. For the purposes stated in the preceding section, the Directors will, in due form, inform the Higher Sports Council of the decision to transfer the price offered or the consideration, the name and address of the acquiring party and the other terms of the transaction. The effects of this notification will expire on one hundred and eighty calendar days following the same.

3. The Higher Sports Council will, in a period of forty-five calendar days from the notification, and following a report from the Professional League, inform the Local Council and the corresponding Autonomous Community of the stated communication. Both the Local Council and the Autonomous Community will be able to make use of the right of buy-out within the following forty-five calendar days, notifying the Higher Sports Council of this and making the price available to the Company.

If both Entities exercise the right of buy-out, the Local Council will have preference.

The report from the Professional League will be issued in the period of twenty calendar days from the request from the Higher Sports Council.

4. In the case of neither the Local Council nor the Autonomous Community exercising the right of buy-out, it will be possible for the Higher Sports Council to do this within the period of a further twenty days. If the latter fails to exercise this either, it will be possible for the transfer to be carried out.

5. Likewise, the Local Council, the Autonomous Community or the Higher Sports Council will be able to exercise the right of pre-emption, subject to the rules of the Civil Code, when no notification has been made or the same has omitted any of the requirements laid down, the price or the consideration is lower, or the other essential terms thereof are less onerous, or if the transfer is made to a person other than the one recorded in the notification for the buy-out.

6. The right of pre-emption will expire at thirty calendar days from the day following the due notification, which, in any event, the acquiring party will make to the Higher Sports Council, concerning the essential terms on which the transfer is made, by means of the provision of a copy of the deed or document in which it was formalised. The Higher Sports Council will inform the respective Local Council and Autonomous Community of this, so that, during the next thirty days, the Local Council can have preference if both institutions so exercise it. Should they not do this, the Higher Sports Council will be able to make use of this right for a further thirty calendar days.

Article 26. (Amended by the 50/1998 Act)

1. Those Sports Public Limited Companies that have various sports sections shall maintain accounts whereby it is possible to differentiate the operations referring to each one of these regardless of their integration in the company’s annual accounts.

Without prejudice to the terms set out in Article 2000 of the Revised Text of the Public Limited Companies Act, the annual accounts shall specify, as appropriate, the distribution of the net amount of the turnover corresponding to the particular activities of each sports section of the company.

The regulations will determine the specific rules and the models that the accounts of Sports Public Limited Companies will be adapted to, as well as the frequency and scope of the periodic information that they must submit to the Higher Sports Council.

2. The Sports Public Limited Companies will forward the auditor’s report on the annual accounts and the management report to the Higher Sports Council and the Professional Leisure prior to the filing of said accounts at the Companies Register.

3. In addition to the terms set out in the preceding paragraph, and in the legislation applicable to Public Limited Companies, the Higher Sports Council, acting ex-officio or at the request of the relevant Professional League, will be able to require that a Sports Public Limited Company be subject to a complementary audit to be carried out by auditors designated by itself with the scope and the content that is determined in the corresponding resolution. 

Article 27. (Amended by the 50/1998 Act)

Credits for loans made by the shareholders, directors and other administrators of a Sports Public Limited Company in favour of the latter will have the status of being subordinated with respect to the others in which the company appears as a debtor.

Article 28. (Repealed by the 43/1995 Act)

Those taxes that the Sports Public Limited Company substantiates that it has realised for the promotion and undertaking of amateur sporting activities, in sports clubs with which it has established an onerous contractual arrangement, necessary for the object and purpose of said company, will have the status of being tax deductible expenses for Companies Tax, as well as those laid down of a general nature in tax legislation.

Article 29.

1. For the purpose of training the national team, Sports Public Limited Companies and the rest of the sports clubs will place the members of their sports squads at the disposal of the relevant Spanish Federation, on the conditions that are determined. 

2. No Sports Public Limited Company will be able to maintain more than one team in the same category of a sporting competition.




CHAPTER III
Spanish sports federations



Article 30.

1. Spanish sports federations are private entities, with their own legal personality, whose sphere of activity extends to the whole of the State territory, in the undertaking of the competences that are particular thereto, being made up of sports federations of an autonomous nature, sports clubs, sportsmen and women, technical staff, umpires and referees, Professional Leagues, should there be any, and other interested groups that promote, practice or contribute towards the undertaking of the sport.

2. Spanish sports federations, in addition to their particular attributes, exercise public functions by delegation of an administrative nature, in this case acting as partnership agents of the public authority.

Article 31.

1. The Spanish sports federations will regulate their internal structure and functioning through their Articles of Association, in accordance with democratic and representative principles.

2. The General Meeting and the President are the organs of government and representation of the Spanish sports federations, of a necessary nature.

3. The status of electors and those that can be elected to the cited organs is recognised to:

The sportsmen and women who hold an approved licence in force from the Spanish sports federation at the time of the elections and that have held it during the preceding year, provided that they have participated in competitions or activities of the respective sporting modality, of an official nature and State scope, on the terms that are laid down under the regulations, other than in those modalities where there is no competition or activity of said nature.

The sports clubs registered with the respective Federation, in the same circumstances as those stated in the preceding paragraph.

The technical staff referees and umpires, and other interested groups, likewise in circumstances similar to those stated in the aforesaid preceding paragraph.

4. For the post of President of the Spanish sports federations, the Presidents of the Autonomous Community sports federations that form part of the relevant General Meeting may also be the electors and those that can be elected, pursuant to the terms set out in Article 32.2 of this Act.

5. The electoral processes for the election of the cited organs can, when appropriate, be carried out by means of the autonomous federative structures.

6. The Articles of Association, composition, functions and duration of the mandate of the organs of government and representation, together with the complementary organisation of the Spanish sports federations will be adapted to the criteria laid down in the provisions for the implementation of this Act.

7. The Articles of Association of the Spanish sports federations, and the amendments thereto, will be published in the Official State Gazette [Boletín Oficial del Estado].

Article 32.

1. In order for their members to participate in official sporting activities or competitions at a State or international level, the Autonomous Community sports federations will have to be members of the relevant Spanish sports federations.

2. The Articles of Association of the Spanish sports federations will include the systems of integration and representation of the Autonomous Community sports federations, pursuant to the terms set out in the provisions for the implementation of this Act. For these purposes, the Presidents of the Autonomous Community sports federations will form part of the General Meeting of the Spanish sports federations, holding the representation of the former.

3. The Autonomous Community sports federations integrated into the corresponding Spanish sports federations will hold the representation of the latter in the respective Autonomous Community. It will not be possible for there to be territorial delegations from the Spanish sports federations therein, when the aforesaid integration has been carried out.

4. In order to take part in official sporting competitions at a State level it will be necessary to hold a sports licence issued by the relevant Spanish Federation, according to the conditions and requirements that will be established under the regulations. The licences issued by the Autonomous Community Federations will authorise said participation when these have been integrated into the Spanish sports federations. They are issued within the minimum conditions of a financial nature that the latter lay down and they inform the latter of the issuing thereof.

5. The territorial organisation of the Spanish sports federations will be adapted to that of the State in Autonomous Communities.

Article 33.

1. The Spanish sports federations, under the coordination and guidance of the Higher Sports Council, will exercise the following functions:

a) Assess and organise, as appropriate, official sports competitions at a State level.

b) Act in coordination with the Autonomous Community Federations for the general promotion of their sporting modality in the whole of the national territory.

c) Design, prepare and carry out, as the case may be, the preparation plans for the top level sportsmen and women in their respective sporting modalities with the Autonomous Community Federations.

d) Work together with the State Administration and that of the Autonomous Community in the instruction of technical sports staff, and in the prevention, checking and elimination of the use of prohibited pharmacological groups and substances and non-regulatory methods in sport.

e) Organise or hold the official competitions of an international nature that are held in State territory.

f) Exercise disciplinary authority on the terms laid down in this Act and in its provisions for implementation.

g) Exercise control of subsidies that are allocated to sports Entities and Associations in the form that is laid down under the regulations.

2. The Spanish sports federations will hold the representation of Spain in sports competitions and activities of an international nature. For these purposes, each Federation will have competence for the election of the sportsmen and women that are to form part of the national squads.

Article 34.

1. It will only be possible for there to be one Spanish Federation for every sporting modality, other than for the multiple activity sports for people with a disability as referred to in Article 40 of this Act.

2. All the Spanish sports federations must be registered in the Register of Sports Associations. The registration must be authorised by the Management Committee of the Higher Sports Council and will be provisional in nature for a period of two years.

3. The Spanish sports federations will be registered, with the authorisation of the Higher Sports Council, in the relevant sports Federations of an international nature.

4. The authorisation or refusal to register a Spanish sports federation will take place on the basis of the criteria of national or international sporting interests, and the true implementation of the sports modality.

5. The revoking of the recognition of Spanish sports federations will take place owing to the disappearance of the grounds which gave rise to the same. 

Article 35.

1. The capital of the Spanish sports federations will be made up of the assets whose ownership corresponds thereto.

2. The resources of the Spanish sports federations are the following, amongst others:

a) The subsidies that the public entities may grant them.

b) The gifts, inheritances, legacies and awards that may be granted to them.

c) The profits that are produced by the sports activities and competitions they organise, as well as those deriving from the contracts that they perform.

d) The results from their capital.

e) The loans or credits that they obtain.

f) Any others that may be attributed thereto by legal provision by virtue of a convention.

Article 36.

1. The Spanish sports federations will not be able to approve budget deficits. Exceptionally, the Higher Sports Council will be able to authorise the deficit nature of such budgets.

2. The Spanish sports federations have their own system of administration and management of the budget and capital, with the following rules being applicable, in any event:

a) They can promote and organise sports competitions and activities targeted at the public, having to apply the financial profits, if there are any, to the undertaking of the corporate purpose.

b) They can charge and transfer their property assets, accept money on loan and issue representative certificates of a debt or proportional part of the capital, provided that said legal instruments do not irreversibly compromise the capital of the Entity or its corporate purpose.

When property assets that have been wholly or partially financed by State public funds are involved, it will be compulsory to have the authorisation of the Higher Sports Council in order to charge or transfer them.

c) On a complementary basis, they can carry on activities of a commercial, industrial, professional or service nature and use their assets and resources for the same sports objectives, but under no circumstances will they be able to share the profits amongst their members.

d) They will be able to commit costs of a multi-annual nature without the authorisation of the Higher Sports Council, when the nature of the cost, or a percentage of the same, in relation to the budget, infringes the criteria established under the regulations.

e) They will annually submit themselves to financial audits and, in the case of management, limited review reports concerning the entirety of the costs. These actions can be commissioned and offset by the Higher Sports Council.

Article 37.

In the case of the dissolution of a Spanish sports federation, its net capital, should there be any, will be applied to the undertaking of analogous activities, with the specific use thereof being determined by the Higher Sports Council.

Article 38.

1. An Electoral Guarantees Board which is organically a member of the Higher Sports Council is created. This will immediately oversee, in an administrative manner in the final analysis, the legal adaptation to the electoral processes in the organs of government of the Spanish sports federations. 

2. The composition of this Board, its competences, constitution and operational system will be determined by the regulatory process.

Article 39.

The Spanish sports federations will obtain the authorisation of the Higher Sports Council in order to request, commit to or organise official sports activities and competitions of an international nature.

Article 40.

The Government is responsible for setting the conditions for the creation of Sports federations of a State scope, in which sportsmen and women with physical, psychological, sensory and mixed disabilities can become members.



CHAPTER IV
Professional leagues

Article 41.

1. Leagues will be established in the Spanish sports federations where there is official competition of a professional nature and State scope, which are exclusively comprised of all of the cubs that participate in said competition on an obligatory basis. 

2. The professional leagues will have a legal personality, and will enjoy autonomy for their internal organisation and functioning with respect to the relevant Spanish sports federation of which they form a part.

3. The Articles of Association and Regulation of the professional leagues will be approved by the Higher Sports Council, following a report from the relevant Spanish sports federation. In addition to the general requirements that are stated under the regulations, this is to include a specific disciplinary procedure.

4. The professional league furthermore has competences that it can delegate to the corresponding Spanish sports federation, as follows:

a) Organise its own competitions, in coordination with the respective Spanish sports federation and in accordance with the criteria which, in exclusive guarantee of national or international commitments, can be established by the Higher Sports Council.

b) With respect to its members, perform the functions of guidance, control and supervision set out in this Act.

c) Exercise the disciplinary authority on the terms laid down in this Act and its provisions of implementation.




CHAPTER V
Sports promotion entities

Article 42.

1. Sports promotion entities of a State scope are the associations of Clubs or Entities whose exclusive purpose is the promotion and organisation of physical and sports activities, with leisure, training or social purposes.

2. In order to carry out the recognition thereof, it will be necessary to have an organised presence in a minimum of six Autonomous Communities, at least a number of one hundred sports entities or associations, registered in the relevant registers of such Communities, with a minimum of twenty thousand members, which do not have a profit-making purpose and that are regulated by Articles of Association in accordance with the sports rules of each Community, which on a minimal level set out an internal democratic functioning, free membership and autonomy with respect to any political, trades union, economic or religious organisation.

3. The requirements necessary for said recognition will be reviewed every four years by the Management Committee of the Higher Sports Council.

4. Participation in sports competitions or activities of a State nature organised by sports promotion entities will be incompatible with the participation in official competitions or activities of a State scope organised or protected by the Spanish sports federations, in the same sports modality.

5. Sports promotion entities will be recognised as being of public utility by the Council of Ministers, on a proposal from the Ministry of Education and Science, with the processing and requirements set out for the other sports entities.




CHAPTER VI
Common provisions

Article 43.

In order to guarantee effective compliance with the functions entrusted to the Spanish sports federations and the professional leagues, the Higher Sports Council will be able to carry out the following actions which, under no circumstances will be of the nature of a sanction:

a) Inspect the official and regulatory books and documents:

b) Call the collegiate organs of government and control for discussion and decisions, as appropriate, concerning particular matters or issues when these have not been called by the party that has a statutory or legal obligation to do so in the regulatory time.

c) With justified reasons, on an interim or provisional manner, suspend the President or the other members of the management organs, when a disciplinary case is brought against the same, as a consequence of alleged infringements or very serious irregularities that are subject to sanction, classified as such in Article 76 of this Act.

Article 44.

1. The Spanish sports federations and the territorial ones of an Autonomous Community scope integrated into the former are public utility entities.

2. The sports club that participate in official competitions of a State scope will be recognised as being of public utility by a resolution of the Council of Ministers, following a report from the relevant Autonomous Community, on the conditions that are set out under the regulations.

Article 45.

1. The declaration or recognition of public utility, in addition to the benefits that the general legal code grants, entails:

a) The use of the categorisation as a «public utility» following the name of the respective Entity.

b) Priority in the obtaining of resources in the sports promotion plans and programmes of the State Administration and of the Local Administrations, as well as the public Institutions or Entities reporting to the same. 

c) Preferential access to official State loans.

2. In Company Tax, the amounts donated by legal persons to the sports associations categorised as being of public utility will have the consideration of being tax deductible expenses, on the terms and with the limits and conditions set out in letter m) of article 13 of the 61/1978 Act, of December 27, on Company Tax (Repealed by 43/1995 Act).




TITLE IV
Regarding competitions

Article 46.

1. For the purposes of this Act, sports competitions are classified in the following manner:

a) By their nature, in official or unofficial competitions, of a professional or amateur nature.

b) By their scope, in international and State competitions and those of a lesser territorial scope.

2. The official competitions of a State nature are those that are thus classified by the relevant Spanish sports federation, other than those of a professional nature, whose categorisation will be made by the Higher Sports Council.

The criteria for the categorisation of official competitions at a State level will be established in the provisions for the implementation of this Act, or, in accordance with these, in the corresponding federative Articles of Association.

The criteria for the categorisation of competition of a professional nature include, amongst others, the existence of employment links between clubs and sportsmen and women and the economic dimension and significance of the competition.

The naming of an official competition at a State level is reserved for those regulated in this Title for all purposes.

3. The official competitions at a State level will be organised by private individuals or legal persons, whether public or private, sports clubs, professional leagues and sports federations.

4. The modifications proposed by the relevant Spanish federation that affect competitions of a professional nature will require a preliminary favourable report from the relevant professional league.

Article 47.

1. The federated sportsmen and women have an obligation to attend the calls of the national sports squads for participation in competitions of an international nature, or for the preparation of the same.

2. When the sportsmen and women that are referred to in the preceding paragraph are the subject of a common or special employment relationship, their business will maintain such a status during the time required for participation in international competitions or the preparation of the same, although the exercising of the powers of management and control of the employment activity will be suspended and the obligations or responsibilities related to said power on the terms set out in the regulations will apply.


TITLE V
The Spanish Olympic Committee and the Para-Olympics Committee.

Article 48.

1. The Spanish Olympic Committee is a non-profit making association, endowed with a legal personality whose object consists of the development of the Olympic movement and the publicising of Olympic ideals. With regard to this object, the Spanish Olympic Committee is declared to be of public utility.

2. The Spanish Olympic Committee is governed by its own Articles of Association and Regulations, within the framework of this Act and the Spanish legal code, and in accordance with the principles and norms of the International Olympic Committee.

3. The Spanish Olympic Committee organises the inscription and participation of Spanish sportsmen and women in the Olympic Games, assists with their preparation and stimulates the practice of the activities represented in said Games.

4. The Spanish sports federations of Olympic modalities will form part of the Spanish Olympic Committee.

5. For the exercising of the functions, the Spanish Olympic Committee is responsible for the exclusive representation of Spain with the International Olympic Committee.

6. The Spanish Para-Olympic Committee has the same nature and exercises analogous functions to those that are referred to in the preceding sections with respect to sportsmen and women with physical, sensory, psychological and cerebral disabilities. As regards the object, nature and functions thereof in the sports sphere, it is declared to be of public utility. (Amended by the 50/1998 Act).

7. The regulatory provisions of the Spanish Olympic Committee will likewise be applicable to the Spanish Para-Olympic Committee (added by the 50/1998 Act).

Article 49.

1. The commercial or non-commercial exploitation or utilisation of the emblem of the five interlinked rings the names «Olympic Games», «Olympiads» and «Olympic Committee», and of any other marking or form of identification which owing to its similarity leads to confusion with the same, is exclusively reserved to the Spanish Olympic Committee.

2. No legal person, whether public or private, can utilise said emblems and names without the express authorisation of the Spanish Olympic Committee.

3. The commercial or non-commercial exploitation or utilisation of the emblem of the five interlinked rings the names «Olympic Games», «Olympiads» and «Olympic Committee», and of any other marking or form of identification which owing to its similarity leads to confusion with the same, is exclusively reserved to the Spanish Para-Olympic Committee. No legal person, whether public or private, can utilise said emblems and names without the express authorisation of the Spanish Para-Olympic Committee.
 


TITLE VI
Top-level sport

Article 50.

For the purposes of this Act, a top-level sport is considered to be the sports practice in which the characteristics stated in Article 6.1 of this Act appear and that allow for a sports engagement with the guarantee of maximum performance and competitiveness at an international level.

Article 51.
The Higher Sports Council exercises the protection and control of top-level sport, agreeing with the Spanish sports federations and, as applicable, with the Autonomous Communities, on the programmes and plans of preparation which will be carried out by the former.

Article 52.

Top-level sportsmen and women are considered to be those who appear in the list annually prepared by the Higher Sports Council, and in accordance with the selective criteria of an objective nature that are determined, taking account of the following circumstances, amongst others:

a) Classifications obtained in international sports trials or competitions.

b) Position of the sportsman or woman in official lists of sports classification, approved by the corresponding international Federations.

c) Special conditions of a technical-sports nature, verified by the sports bodies.

Article 53.

1. The State Administration, in coordination, as appropriate, with the Autonomous Communities, will adopt the measures necessary in order to facilitate the technical preparation, the incorporation into the educational system and the full social and professional integration of top-level sportsmen and women, during their sports career and at the end of the same.

2. For the purposes set out in the preceding section, and depending on the personal and technical-sports circumstances of the sportsman or woman, the following measures can be adopted:

a) Reservation of an additional quota of places at the National Institutes of Physical Education and, as applicable, at university centres, for those who meet the necessary academic requirements. 

b) Exemption from general or specific academic requirements for access to the qualifications that are referred to in Article 55 of this Act, on the conditions that the Government sets. 

c) Pressure for the execution of agreements with public and private companies for the professional work of the sportsmen or woman.

d) Preparation of formulas in order to make the studies or employment activity of the sportsman or woman compatible with their sports activity or preparation.

e) Inclusion in the Social Security system.

3. In terms of carrying out Military Service, top-level sportsmen will, on the terms that are determined under the regulations, enjoy the following benefits:

a) Postponement of joining the service in the ranks.

b) Choice of the place to complete said service, should there be placements in barracks of any of the armed forces so as to facilitate his preparation in accordance with the sports speciality.

c) Option of call to join up in the ranks.

d) A top-level sportsman will be provided with the preparation and the training necessary for the maintaining of his physical and technical form, and he will be permitted to participate in such official competitions as he may be called on to attend.

4. The terms of the preceding paragraph will also be applicable to those who perform the social service function of Military Service.

5. All Public Authorities will consider the classification of the «top-level sportsman or woman» as a merit that can be evaluated, both in selection tests for places related to the relevant sports activity, and in the invitations to tender for the provision of jobs related to that activity, provided that an evaluation of specific merits is envisaged in both cases.



TITLE VII
Sports research and teaching

Article 54.

The State Administration, through the Inter-Ministerial Commission of Science and Technology and of the Higher Sports Council, and as appropriate, in cooperation with the Autonomous Communities, will promote, foster and cooperate in technological research and development in the Sport, in its different forms of application.

Article 55.

1. On a proposal from the Ministry of Education and Science, the Government will regulate the teaching of sports techniques, according to the demands laid down by the different educational levels, as well as the conditions of access, programmes, guidelines and syllabi that are established.

2. The training of Sports Technical Staff will be carried out at centres recognised by the State or, as applicable, by the Autonomous Communities with competences on matters of education, as well as by the educational centres of the military teaching system by virtue of the agreements established between the Ministries of Education and Science and Defence.

3. The conditions for the issuing of Sports Technical staff certificates will be established by the Ministry of Education and Science.

4. The teaching that is referred to in this Article will be effective and in force throughout the national territory.

The Spanish sports federations that impose qualification conditions for the development of activities of a technical nature on clubs that take part in official competitions will accept the certifications issued by the legally recognised centres.




TITLE VIII
Control of prohibited substances and methods in sport and safety in the playing of sport.

Article 56.

1. The Higher Sports Council, in conformity with the terms set out in the International conventions signed by Spain, and taking account of other instruments from this same sphere will, for the purposes of this Act, prepare a list of prohibited pharmacological groups and substances, and will determine the unregulated methods that are used to artificially increase the physical capabilities of sportsmen and women or to affect the results of competitions.

2. The Higher Sports Council, working together with the Autonomous Communities, Spanish sports federations and professional leagues will promote and foster the measures of prevention, checking and elimination of the prohibited practices and methods that are referred to in the preceding section.

Article 57.

1. The National Anti-Doping Commission, made up of representatives of the State Administration, of the Autonomous Community, of the Spanish sports federations and the professional leagues and of persons of recognised standing in technical, sporting and legal spheres, is created on the terms that are set out in the regulations, reporting to the Higher Sports Council.

2. The functions of the Commission, amongst others, are as follows:

a) Publicise information relating to the use of pharmacological substances, non-regulatory methods and their modalities of control, make reports and studies concerning their causes and effects and promoting and fostering preventative measures.

b) Determine the list of official sports competitions of a State scope in which control will be compulsory.

c) Draw up the protocols and the rules for the carrying out of said controls, in competition or beyond it.

d) Participate in the preparation of the sanctioning regulations, instigate the opening of disciplinary cases from the Spanish sports federations and, as appropriate, appeal against these decisions to the Spanish Committee of Sports Discipline.

Article 58. (Drafted in conformity with the Ley 53/2002, de 30 de diciembre )

1. All sportsmen and women with a licence to participate in official competitions of a State scope will be obliged to subject themselves to the controls set out in the preceding Article, during competitions or outside them, at the request of the Higher Sports Council, the Spanish sports federations, the professional leagues or the National Ant-Doping Commission. For these purposes, said sportsmen and women will have the obligation to facilitate the data that allow them to be located at all times, including their training programmes.

2. Spanish sports federations will procure the means for the undertaking of said controls.

3. In competitions of State scope, the analysis used for the detection or verification of prohibited practices will be carried out in State laboratories or those that are approved by the State.

Article 59.

1. The health care deriving from the general sports practice of the citizen constitutes an ordinary provision of public sector health assurance that corresponds thereto, and likewise of general health care insurance provided by private entities.

2. Separately from other special forms of insurance that may be established, all federated sportsmen and women who participate in official competitions of a State scope must hold compulsory insurance that covers the health risks deriving from the playing of the corresponding sports modality.

In the case of the health care being provided by an entity other than the insurer, the latter will be bound to repay the costs produced by said care, pursuant to the terms set out in Article 83 of the General Health Act.

3. Depending on the technical conditions, and in certain sports modalities, the Higher Sports Council will be able to require of the Spanish sports federations that it is an essential requirement that the sportsman or women is subject to a medical fitness check-up, for the issuing of licences or participation in official competitions of a State scope.

4. The conditions for the undertaking of the medical fitness check-ups, as well as the sports modalities in which this is necessary, will be set out in the provisions for implementation of this Act.

TITLE IX
Prevention of violence at sporting events

Article 60.

1. The National Commission against Violence at sporting events, made up of representatives of the State Administration, the Autonomous Communities and Local Corporations, the Spanish sports federations or professional leagues that are most affected, associations of sportsmen and women and persons of recognised standing in the filed of sport and safety is created. The composition and functioning of said Commission will be set out in the Regulations.

2. Amongst others that can be allocated thereto, the functions of the Commission are:

a) Annually compile and publish data on violence at sporting events, as well as carry out surveys on this topic.

b) Carry out reports and studies concerning the causes and effects of violence in sport.

c) Promote and foster preventative measures.

d) Draw up guidelines and recommendations for the Spanish sports federations, sports clubs and professional leagues for the organisation of those events in which the possibility of violent acts can be reasonably foreseen.

e) Report on those projects of provisions that may be requested from it by the Public Authorities with competences regarding sporting events, especially those relating to police at sporting events, sports discipline and technical regulations concerning facilities.

f) Seek that the Spanish federations and professional leagues amend their Articles of Association so as to include the rules relating to violence in sport in the disciplinary procedures.

g) Promote measures for the undertaking of alcohol consumption controls at high risk sporting events, and for the prohibition against introducing hazardous objects or those that can be utilised as weapons in the same.

h) Promote campaigns for publicising the rules preventing this type of violence.

i) Encourage and coordinate citizen cooperation campaigns.

j) Propose the framework of action of Volunteer Groups.

k) The declaration of a sporting event as being a high-risk one, for the purposes determined in this Act and in its provisions for implementation (Paragraph added by the Ley 53/2002, de 30 de diciembre )

i) The coordination of the peripheral bodies of the General State Administration, with functions dealing with the prevention of violence in sport, as well as the monitoring of their work. (Paragraph added by the Ley 53/2002, de 30 de diciembre )

m ) Duly report on the provisions issued by Autonomous Communities concerning public events, inasmuch as these could affect the State competences concerning the prevention of violence at sports occasions. (Paragraph added by the Ley 53/2002, de 30 de diciembre )

n) Within the context of its own regulations, be one of the annual proponents of the awarding of the National Prize which rewards values of sportsmanship. (Paragraph added by the Ley 53/2002, de 30 de diciembre )

Article 61.

The Government will draw up the regulatory provisions necessary in order to adapt the General Police Regulations on Public Events to the measures set out in this Act insofar as the necessary conditions for safety at sporting events are concerned.

Article 62.

1. The professional leagues will encourage the clubs that participate in their particular competitions to establish volunteer groups from amongst their numbers, in order to provide information for spectators, contribute to the prevention of risks and facilitate the proper undertaking of the event.

2. The National Commission against Violence at sporting events will put forward the framework for action of said groups, the functions that will be entrusted thereto, the systems of identification of the rest of the spectators, their rights and obligations, training and instruction and recruitment mechanisms.

Article 63. (Article drawn up pursuant to Ley 53/2002, de 30 de diciembre )

1. The private individuals or legal persons that organise any trial, competition or sporting event of a State scope or the events that constitute or form part of said competitions will be liable for the damage or disorder that could take place owing to a lack of diligence or prevention. This is in accordance with and has the scope that is set out in the international conventions on sports violence ratified by Spain. This liability is separate from that which they may have incurred in a criminal law scope or in the purely sporting scope as a consequence of their conduct in the particular competition.

2. The technical players, managers and other persons subject to sports discipline will be liable for the acts that may be contrary to the preventative norms of actions concerning sports violence pursuant to the terms set out in Title XI and in the regulatory and statutory provisions.

Article 64. (Article drafted pursuant to Ley 53/2002, de 30 de diciembre )

Spanish sports federations and professional leagues will, with sufficient notice, inform the governmental authority with competence on the basis of the topic that is dealt with under this Title, of the proposals for those matches that may be considered to be high-risk, in accordance with the calculation tables that are laid down by the Home Office.

The declaration of a match as being of high-risk will lie with the National Commission against Violence at sporting events, upon a proposal from the Sports Federations and professional leagues set out in the preceding paragraph, and this will involve the obligation of the Sports Public Limited Companies and clubs to reinforce the safety measures in these cases. As a minimum, these will cover:

System of ticket sales.

Separation of rival fans in different parts of the ground.

Control of access for strict compliance with the existing prohibitions.

Article 65.

1. The role of the Safety Coordinator at sporting events will be regulated under the regulations. This role is framed within the police organisation and such person will assume the tasks of management, coordination and organisation of the safety services on the occasion of sporting events.

2. At the sports competitions that the National Commission against Violence proposes at sporting events, the organisers will appoint their own safety supervisor who, as appropriate, will have regard to the instructions of the Safety Coordinator in his tasks during the carrying out of the sporting event.

3. The Safety Coordinator will perform the coordination of the organisational control unit or station, and it will be compulsory to install this at all the top level sports facilities in professional football and basketball competitions, and in those others in which the National Commission recommends this course of action.

Article 66. (Article drafted pursuant to Ley 53/2002, de 30 de diciembre )

1. It is prohibited to introduce and display banners, symbols, emblems or slogans at sporting events which, because of their content or the circumstances in which they are displayed or utilised, may be considered to be an act of incitement, encouraging or assisting xenophobic, racist or terrorist behaviour, or as a manifest act of sporting disrespect. The organisers of the events are obliged to remove these immediately.

2. It is prohibited to introduce and possess, activate or launch all classes of weapons or objects that could lead to the same effects at the facilities or grounds at which sporting events are held or carried on, as well as flares, bangers, explosives or, in general, inflammable, smoke-producing or corrosive products. All persons who seek to introduce such objects or other analogous ones are to be prevented from entering. 

Article 67. (Article drafted pursuant to Ley 53/2002, de 30 de diciembre )

1. It is prohibited to introduce and sell, consume or possess all classes of alcoholic drinks and narcotic, psychotropic, or stimulating substances or analogous products at the facilities at which sports competitions are held.

2. The packaging of the drinks that are sold or introduced at the facilities at which sporting events are held must meet the conditions of stability and capacity that are set out under the regulations, presented to the National Commission against Violence.

3. Persons who introduce or sell any class of drinks in sports grounds without observing the restrictions that are laid down in the preceding paragraphs will be sanctioned by the governmental authority.

4. The organisers of sports events at which the situations defined in Article 66 and in the preceding sections of this Article take place will likewise be sanctioned if they fail to abide by the preventative and control measures. 

Article 68.

1. All the sports grounds at which competitions of a competitive nature are held in the football and basketball modalities must include an automated system for the control and management of the sale of tickets, as well as access to the ground. In their Articles of Association and Regulations, the relevant professional leagues will establish the closing of the sports grounds as a sanction for a breach of this obligation.

2. The entry tickets, whose material characteristics and conditions of issue will be laid down under the regulations, presented to the National Commission against Violence, will state the reasons for prohibiting spectators having entry to the sports ground. These will include, at least, the introduction of alcoholic drinks, weapons, objects likely to be utilised as such, flares or similar items, and that persons that seek to gain entry under the influence of alcoholic drinks, narcotics, psychotropic, and analogous substances are likewise prohibited.

3. The causes of prohibition against access to sports grounds will be incorporated into the regulatory provisions of the clubs and professional leagues and will also be visibly featured at the ticket offices and places of access to said grounds.

4. The regulations will set out the periods of application of the measures contemplated in section 1 of this Article, whose obligatory nature can be extended to other sporting modalities.

Article 69.

1. The organisers and owners of the facilities will guarantee the necessary safety measures at the sports grounds, in accordance with the terms that are laid down under the laws and regulations to that end.

2. A breach of the rules and requirements on this subject will give rise to a demand for liability and, as appropriate, the adopting of the relevant disciplinary measures.

3. On the basis of their repercussions on public order and safety, the administrative infringements regulated in the following sections are classified as very serious, serious and minor.

A) Very serious infringements are:

a) Breach of the rules that regulate the holding of sports events, which impede their normal undertaking and lead to significant harm for the participants or for the public attending. 

b) Repeated disobedience of the orders or provisions of governmental authorities concerning the conditions of holding such events regarding issues that affect their normal and proper undertaking.

c) The alteration of the attendance limit of the sports ground, without fulfilling the pertinent procedures.

d) A breach of the safety measures that entail a serious risk for those attending the sports grounds.

e) A lack of planning or negligence in the correction of the faults or anomalies detected that entail a serious risk for the safety of sports grounds.

f) Violent participation in disturbances, fights or public disorder at the sports grounds or in their surrounding areas that occasion harm or serious risks to persons or their goods.

g) Breach of the prohibitions that are referred to in Articles 66 and 67.1 of this Act when circumstances of particular risk, danger or participation in the same arise, or when their application results in an act of xenophobic or racist exaltation, or support and justification for violent or terrorist acts, or disrespects the victims or family members thereof. (Paragraph added by the ley 53/2002, de 30 de diciembre )

h) The failure to meet the sanctions imposed concerning the prevention of violence and safety in sport. (Paragraph added by the ley 53/2002, de 30 de diciembre )

B) Serious infringements are:

a) The conduct described above in points A) a), c), e) and f) when the circumstances of harm, risk or danger do not arise to the degree set out therein.

b) Disobedience of orders or provisions of governmental authorities concerning the conditions of the holding of such events that affect the normal and proper undertaking thereof.

c) A breach of the prohibition that is referred to in Articles 66 and 67 of this Act when the circumstances set out in point A) g) are not met. (Paragraph added by the ley 53/2002, de 30 de diciembre )

d) Infringement of the prohibitions that are referred to in sections 3 and 4 of Article 67 of this Act.

e) The unauthorised interruption on the field of play, other than where, as a consequence thereof, the conditions of the holding of the sports events have been seriously affected or disturbed, or serious harm or risks take place to persons or objects, in which case this will constitute a very serious infringement (Paragraph added by the ley 53/2002, de 30 de diciembre )

C) Minor infringements are:

All acts or omissions not classified as serious or very serious infringements under this Title and that are contrary to the rules and regulations applicable to sports events.

4. The sanctions for the infringements stated hereinabove by the Commission will be as follows:

A) Imposing of the following financial sanctions:

From 150 to 3,000 euros in the case of minor infringements.

From 3,000.01 to 60,100 euros in the case of serious infringements.

From 60,100. 01 to 650,000. euros in the case of very serious infringements.

B) In addition to the financial sanctions mentioned above, it will be possible for the following to be agreed to:

Disqualification from organising sports events for up to a maximum of two years.

The temporary closure of the sports ground up to a maximum of two years.

5. In addition to the sanctions set out in the preceding section it will also be possible to impose the following ones having regard to the circumstances that arise in the facts, and very particularly to their severity or social repercussions:

a) In the cases of sections 3 A), e), f) and g), the expulsion from or prohibition against access to the sports ground on an interim basis, or as applicable, prohibition against access to any sports ground for a period of between five months and five years. This sanction will likewise be imposed on those who demonstrate the behaviour and attitudes that are referred to in Article 66 of this Act ley 53/2002, de 30 de diciembre )

b) In the cases of sections 3 B), a) and d), the expulsion from or prohibition against access to the sports ground on an interim basis or, as applicable, the prohibition of access to any sports ground for a period of no longer than five months, except in the case of the vendors that are referred to in Article 67.3, in which a period of up to five years can be imposed (Paragraph amended by ley 53/2002, de 30 de diciembre )

6. As regards the infringements that are referred to in this Article, the authors thereof and those who collaborate with them as accomplices will be administratively liable. In this latter case the financial sanctions that correspond will be imposed having regard to the degree of participation (Paragraph amended by ley 53/2002, de 30 de diciembre )

7. (Section amended by the ley 53/2002, de 30 de diciembre )
1st. The sanctioning authority set out in this Article will be exercised by the competent governmental authority, and it will be possible to request preliminary reports from the sports authorities and from the National Commission against Violence. 

2nd. When the sanctioning competence lies with the General State Administration, the imposing of sanctions will be carried out by:

A) The Government Delegate, up to 60,100 euros.

B) The Secretary of State for Security, up to 180,000 euros

C) The Home Office, up to 360,000 euros

D) The Council of Ministers, up to 650,000 euros

Competence for imposing sanctions of temporary disqualification against organising sporting events and for the temporary closing of sports grounds will lie with the Secretary of State for Security, if the suspension period is equal to or less than one year, and with the Home Office, if it is longer than said period.

8. In exercising the sanctioning authority that is referred to in this Title, the principles and rules contained in Title IX of the Ley 30/1992, de 26 de noviembre, on the Legal Regime of Public Authorities and the Common Administrative Procedure will be applicable, on the terms thereof, especially insofar as this refers to the extinguishing of liability, the rule on infringements and sanctions and the general principles of the sanctioning procedure. (Article amended by the 53/2002 Act, of December 30 )

9. The amount of the fines set down under this Title will be updated by the Government on a proposal from the Home Office, taking account of the variation in the official retail price index.





TITLE X
Sports facilities

Article 70.

1. The planning and construction of sports facilities of a public nature financed with State Administration funding will be carried out in the form that benefits their utilisation for multiple sports, taking account of the different sporting modalities, the maximum time availability and the different levels of practice of the citizens.

These facilities will be placed at the disposal of the community for their public use.

2. The sports facilities that are referred to in the preceding section must be accessible, without barriers or obstacles that make the free movement of disabled persons or the elderly impossible. Likewise, the inner spaces of the sports grounds will be endowed with the facilities necessary for their normal utilisation by these persons, provided that the nature of the sports that said grounds are used for permits this. 

3. All sports facilities will have regard to the EC regulations concerning the use and advertising of alcohol and tobacco.

Article 71.

1. The facilities used for sports events where competitions of a State or international standing are held, and in particular those that may contain a significant number of spectators, will be planned and constructed within the framework of the applicable regulations, in such a manner that they impede or restrict possible actions of violence in accordance with the recommendations of the international conventions on violence in sport signed by Spain.  

2. For the purposes of the terms set out in the preceding section, the venues shall, in the period that is laid down under the regulations, be numbered with a seat for all spectators, at all the facilities where professional competitions of a State scope are held. At these facilities, there will be a central unit or station for organisational control, located in a strategic area and endowed with the necessary technical means.

3. In fitting out the facilities for the purposes of safety, special account will be taken of the following aspects:

a) Distance and elements of separation between the field of play and the first line of spectators.

b) Tunnels for access to changing rooms.

c) Radio connection and outside loudspeaker systems.

4. For the same purposes, account will be taken of the following aspects: 

a) In the carrying out of building works on the facilities already existing:

A restriction on building, for sports purposes or any other form of use, in terms of both the volume and occupation of land.

A prohibition or restriction on an increase in the number of spectators.

b) In the construction of new facilities:

The surface area that cannot be developed on the plot to be utilised and attached thereto.

The minimum distances from the facility to the borders of the plot.

A strip of land that is completely free, including free of car park spaces, around the facility.

Article 72.

All installations or establishments of public use at which services of a sports nature are provided, whatever the owner Entity may be, will offer information at a place which is perfectly visible and accessible, about the technical details of the facility or of the establishment, together with the equipment and the name and respective qualifications of the persons who render professional services at the levels of technical management, teaching or support.




TITLE XI
Sports discipline

Article 73.

1. The scope of sports discipline, for the purposes of this Act, and when dealing with activities or competitions of a State scope or international scope, as applicable, or that affect the people who participate thereon, is extended to the infringements of the rules of the game or competition and the general sports rules classified under this Act, in its provisions for implementation and in the statutes or regulations of sports clubs, professional leagues and Spanish sports authorities.

2. The act or omissions which, during the course off the game or competition, violate, impede or disturb their normal undertaking are infringements of the rules of the game or competition.

Other acts or omissions that are contrary to the terms set out by said rules are infringements of the general sports rules.

Article 74.

1. Disciplinary authority attributes the power to investigate to its legitimate holders and, as appropriate, to sanction or rectify the persons or Entities subject to sports discipline, according to their respective competences.

2. The exercising of sports disciplinary authority lies with:

a) The referees or umpires, during the matches or trials, subject to the rules established in the provisions of each sporting modality. 

b) The sports clubs, in respect of their members or associates, sportsmen and women or technical staff and managers or administrators. 

c) The Spanish sports federations, in respect of: All persons that form part of their particular organic structure; sports clubs and their sportsmen and women, technical staff and managers; the referees and umpires and, in general, all those persons and Entities which, being federated, carry on the relevant sporting activity in the state scope. 

d) The professional leagues, in respect of the sports clubs that participate in official competitions of a professional nature and on their managers and administrators. 

e) The Spanish Sports Discipline Committee in respect of the same persons and Entities as the Spanish sports federations, in respect these same and their managers, and in respect the professional leagues.

Article 75.

The statutory or regulatory provisions of the sports clubs that participate in competitions of a State scope, professional leagues and Spanish sports federations, issued in the context of this Act, shall unavoidably establish the following matters in relation to sports discipline:

a) A classified system of infringements in conformity with the rules of the relevant sporting modality, scaled according to their severity.

b) The principles and criteria that ensure the differentiation between the minor, serious and very serious nature of the infringements, the proportionality of the sanctions applicable to the same, the lack of existence of a double sanction for the same facts, the application of favourable backdated effects and the prohibitions against the sanction of infringements that are not classified prior to the time that they are committed.

c) A system of sanctions corresponding to each one of the infringements, together with the causes or circumstances that exempt, accentuate or aggravate the liability of the transgressor and the requirements of the extinguishing of the latter.

d) The different disciplinary procedures for the processing and imposition of sanctions, as appropriate.

e) The system of appeals against the sanctions imposed.

Article 76.

1. In any event, serious infringements to the rules of the game or competition or the general sports rules will be considered to be the following:

a) Abuses of authority.

b) The breaches of the sanctions imposed.

c) The actions aimed at pre-determining the result of a meeting or competition by means of a price, intimidation or by simple agreement.

d) The promotion, initiation, consumption, or utilisation of the prohibited practices that are referred to in Article 56 of this Act, the refusal to be subject to the checks required by bodies or persons with competence, as well as any act or omission that impedes or interferes with the proper undertaking of said checks and a breach of the information obligation imposed on the sportsmen and women in Article 58.1 of this Act, with a view to the localisation or supply of false information (Paragraph amended by ley 53/2002, de 30 de diciembre )

e) Aggressive and unsportsmanlike behaviour, attitudes and gestures by players, when directed at the referee, other players or the spectators, as well as public statements by the managers, administrators in fact or in law of the sports clubs and Sports Public Limited Companies, technical staff, referees and sportsmen and women that incite their teams or the spectators to violence. (Amended by the 50/1998 Act)

f) Unjustified lack of attendance to the call-ups to national sports squads.

g) Participation in competitions organised by countries that promote racial discrimination, or with sportsmen and women that represent the same.

h) The participation in, organisation of, management, concealment of or facilitation of acts, conduct or situations that could induce or be considered to be violent, racist or xenophobic acts (Paragraph added by the ley 53/2002, de 30 de diciembre )

2. Likewise, very serious infringements are considered to be the following ones by the presidents and the other managerial members of the organs of the Spanish sports federations and professional leagues:

a) Breach of the resolutions of the general meeting, as well as of the electoral regulations and other statutory and regulatory provisions.

b) The failure to call the federal collegiate bodies, in a systematic and repeated manner, in the periods or on the legal terms.

c) Failure to enforce the decisions of the Spanish Sports Disciplinary Committee.

d) The improper utilisation of private funds or the subsidies, loans, warranties and other assistance from the State, its autonomous bodies or those in any other way granted from the General State Budget.

e) The commitment to costs of a multi-annual nature from the budget of the sports federations, without regulatory authorisation.

f) The organisation of official sports competitions or activities of an international nature, without regulatory authorisation.

g) The omission of the duty to ensure the proper undertaking of the sporting events that involve a risk for spectators and that take the form of pitch invasions, aggression towards sportsmen and women, referees or participating teams in general. (Paragraph added by the ley 53/2002, de 30 de diciembre )

3. In addition to those listed in the preceding sections of those established by the respective professional leagues, there are specific very serious infringements of the sports clubs of a professional nature and, as appropriate, their administrators or managers:

a) Breach of the resolutions of an economic nature of the corresponding professional League.

b) Breach of the duties or commitments acquired with the State or with the sportsmen and women. 

c) Breach of the regimes of liability of the members of the Management Boards.

4. In any event, serious infringements will be:

a) A repeated breach of the orders or instructions emanating from the competent sports bodies.

b) Flagrant and public acts that have a bearing on sporting dignity or decorum.

c) The undertaking of public or private activities declared to be incompatible with the sports activity or function performed.

5. Infringements of a minor nature will be considered to be conduct that is clearly contrary to the sports rules, which are not subject to the assessment of being serious or very serious.

6. Very serious infringements involving Sports Public Limited Companies are considered to be the following:

a) The acquisition of shares or securities of a Sports Public Limited Company in some manner whereby they come to hold over twenty five per cent of the voting rights of the same without obtaining the express or assumed authorisation of the Higher Sports Council or the acquisition of shares or securities of a Sports Public Limited Company contrary to the prohibition set out in Article 23.2 of this Act.

b) A breach of the duty to file an auditor’s report on the annual accounts or the management report in the periods or on the terms set out in this Act.

c) The refusal, obstruction of or resistance to the inspection of the record book of nominative shares by the Higher Sports Council.

d) The refusal, obstruction of or resistance to being subject to the audits that are agreed by the Higher Sports Council on the terms set out in Article 26.3 of this Act.

Liability for the infringements that are referred to in this section a) of this Article will lie with the acquiring party or parties and those that act in arrangement with them; in the infringements stated in other sections, the liability will lie with the Sports Public Limited Company and the director or directors to whom the breach, refusal, obstruction or resistance is attributed. (Amended by the 50/1998 Act)

7. Serious infringements concerning Sports Public Limited Companies will be considered to be a breach of the duty of communication of the acquisition and transfer of significant stakes in a Sports Public Limited Company, as well as an unjustified delay in complying with the duty to update the record book of nominative shares on the terms set out in Article 23.6.

The liability for infringements set out in this paragraph will lie, in the first case, with all the person/s obliged to report the acquisition or transfer and, in the second, with the Sports Public Limited Company and the director or directors to whom a breach, refusal, obstruction or resistance is attributed.

(Added by the 50/1998 Act)

Article 77.

1. Re-offending will be considered to be an aggravating circumstance of the liability in sports discipline.

2. In any event, there are mitigating circumstances for the infringements of the rules of the game or competition, such as spontaneous regret and that of sufficient provocation having immediately preceded the infringement.

Article 78.

In any event, the causes of the extinguishing of the sports disciplinary liability will be considered to be the death of the guilty person, the dissolution of the sports club or federation sanctioned, compliance with the sanction, the time-barring of the infringements and of the sanctions imposed.

Article 79.

1. The sanctions subject to application for the commission of relevant sports infringements will be as follows:

a) Disqualification, suspension or removal of a federation licence, on a temporary or definitive basis, in proper proportion to the infringements committed.

b) The faculty, for the corresponding disciplinary bodies, to alter the result of matches, trials or competitions owing to a pre-determined cause involving a price, intimidation or a simple agreement, concerning the result of the meeting or competition.

c) Those of a financial nature, in the cases in which the sportsmen and women, technical staff, referees or umpires receive remuneration for their work, that appear as quantified in the disciplinary regulations and in the Articles of Association of the relevant Federation. Sanctions of a financial nature will be imposed on all of those involved or participating in the competitions declared to be professionals, and these will likewise be quantified in the corresponding regulations and statutes, and those of the professional league, as appropriate. (Paragraph amended by the ley 53/2002, de 30 de diciembre )

d) Those concerning the closing of the sports ground. (Paragraph amended by the ley 53/2002, de 30 de diciembre )

e) Those concerning prohibition against access to the stadium, loss of the status of member and the holding of the sports competition behind closed doors.

f) Those of reprimand, in the cases in which the sportsman or woman, whilst having facilitated the data required in Article 58.1 of this Act, cannot being located on up to three occasions. After more than three occasions, the sanctions set out in section 1 a) of this Article will be applied (Paragraph added by ley 53/2002, de 30 de diciembre )

2. Owing to the commission of the infringements listed in Article 76.2, the following sanctions can be imposed:

a) Public warning.

b) Temporary disqualification from two months to one year.

c) Removal from a post.

3. Owing to the commission of the infringements listed in Article 76.3, the following sanctions will be imposed: 

a) Reprimand.

b) Sanctions of a financial nature.

c) Relegation of category.

d) Temporary or definitive expulsion from the professional competition.

(Sections 4, 5 and 6 added by the 50/1998 Act)

4. Owing to very serious infringements concerning sports public limited companies, the following sanctions will be imposed:

a) Monetary fine of a sum ranging between 25,000,001 and 75,000,000 pesetas.

b) If the infringement set out in section a) of Article 76.6 is involved, the suspension of the policy rights of the shares or securities acquired; this measure will be adopted on an interim basis as soon as the sanctioning proceeding is instigated.

5. Owing to the commission of a serious infringement concerning Sports Public Limited Companies set out in Article 76.7, a sanction will be imposed of a monetary nature ranging between 1,000,000 and 25,000,000 pesetas.

The competence for imposing the sanctions set out in this paragraph and in the previous one will lie with the President of the Higher Sports Council and the decisions that it issues on this matter will bring an end to the administrative process.

6. When certain identical facts involve an infringement classified in this Act and in the Ley 24/1988, de 28 de julio, on the Stock Market, the latter will be applied with respect to the configuration, qualification and scale of the infringement and the amount of the sanction and the competence to impose it.

Article 80.

1. The infringements will be time-barred at three years, one year or one month, depending on whether they are very serious, serious or minor. The time-barring period will commence from the day following the commission of the infringement.

The time-barring period will be interrupted by the initiation of the sanctioning proceeding, but if this is halted for one month, for a reason that cannot be attributed to the person or Entity subject to said proceeding, the corresponding period will commence once more.

2. The sanctions will be time-barred at three years, one year or one month, depending on whether they are very serious, serious or minor. The time-barring period will commence from the day following that on which the decision by which the sanction is imposed becomes binding, or from the time at which compliance with the same is interrupted should this have commenced.

Article 81. (Article drafted in conformity with the Ley 53/2002, de 30 de diciembre)

Sanctions imposed by means of the relevant disciplinary hearing will be immediately enforced without the appeals or complaints that may be lodged against the same halting or suspending the enforcement thereof. This is without prejudice to the powers that lie with the disciplinary bodies of the different instances to adopt, at the request of one party, the interim measures that are considered opportune for ensuring that the decision is adopted in due course.

Article 82.

1. The general and minimum conditions of the disciplinary proceedings are as follows:

a) The referees or umpires exercise the disciplinary authority during the undertaking of the matches or meetings, in an immediate manner. In this case it will be necessary for there to be a proper subsequent complaints system.

b) In the sports competitions or meetings whose nature requires the immediate involvement of the disciplinary bodies in order to guarantee the normal undertaking of the same, it will be necessary to set up a procedural systems that make it possible to balance the peremptory action of those bodies with the processing of a hearing and the right of the interested party to complain.

c) The ordinary procedure applicable for the imposing of sanctions for infringement of the rules of the game or of the competition will ensure the normal undertaking of the competition, as well as guaranteeing the processing of a hearing of the interested parties and the right to appeal.

d) The extraordinary proceeding, which will be processed for the sanctions corresponding to the rest of the infringements, will be adapted to the principles and rules of general legislation, with all of the necessary matters being specified in the regulations for the implementation of this Act.

2. The documents signed by the referees or umpires of the match, meeting or competition will constitute the necessary documentary medium, within the whole of the evidence of the infringements of the sports rules and norms. 

3. In those specific sports that so require it, it will be possible to have regard to statements from the referee or umpire with respect to the offences referring to sports discipline, and these will be considered to be true, unless there is a manifest material error.

Article 83.

1. The competent sports disciplinary bodies will, ex-officio or at the instance of the examiner of the case, inform the Public Prosecutor of those infringements that may have the nature of constituting a criminal offence or misdemeanour.

2. In this case the sports disciplinary bodies will agree on the suspension of the proceeding according to the circumstances arising, until the relevant court decision is issued.

3. In the event of the suspension of the proceeding being agreed on, it will be possible to adopt interim measures by means of a ruling notified to all of the interested parties.

Article 84.

1. The Spanish Sports Disciplinary Committee is a body of State scope, which is, in statutory terms, a member of the Higher Sports Council. The former, acting separately from the latter, decides on the disciplinary sports issues that fall under its competence in the last analysis.

It will also, in general, be able to process and resolve disciplinary cases at the instances of the Higher Sports Council, and its Management Committee, in the specific cases that are referred to in Article 76.

2. The procedure for the processing and resolving of disciplinary cases before the Spanish Sports Discipline Committee will be substantially adapted to the terms set out in the Common Procedure Act, except for the consequences deriving from the violation of the rules of the game or competition, which will be governed by the specific sports rules.

3. The members of the Committee will be appointed by the Management Committee of the Higher Sports Council.

4. In the case of the members of the Committee committing manifestly irregular actions, by infringing the sports legislation in a serious manner, or for any of the reasons that impede the exercising of public functions, they will be suspended or, as appropriate dismissed, in conformity with the terms of the general legislation.

5. The decisions of the Spanish Sports Discipline Committee will end the administrative process and, as appropriate, will be enforced through the relevant sports federation, which will be responsible for the strict and effective compliance with the same.

Article 85.

The provisions for the implementation of this Act will specify the principles and criteria that are referred to in the preceding Articles and, in particular, the composition and functioning of the Spanish Sports Discipline Committee, along with the distribution of competences amongst the sports disciplinary bodies.




TITLE XII
General Sports Assembly

Article 86.

1. The General Sports Assembly is constituted with the principal objective of advising the President of the Higher Sports Council on the sports matters that are entrusted thereto.

2. The Assembly is presided over by the President of the Higher Sports Council and will be made up of the representatives of the State Administration, the Autonomous Communities, Local Entities, Spanish sports federations, professional leagues, together with other institutions and entities of a sports nature, and other especially qualified persons. 

3. Its composition, functioning and regime of sessions will be determined by regulatory process.

4. As a minimum, the Assembly will meet once per year.




TITLE XIII
Extra-judicial conciliation in sport.

Article 87.

The issues in litigation of a legal-sports nature that are raised or that may be raised amongst the sportsmen and women, technical staff, referees or umpires, sports clubs, members, Spanish sports federations, professional leagues and other interested parties, will be settled by means of the application of the specific formulae of conciliation or arbitration, on the terms and under the conditions of the State legislation concerning the matter.

Article 88.

1. The formulae that the preceding Articles refer to will be used to settle any dispute or issue in litigation produced amongst the interested parties, on the occasion of the application of the sport rules not expressly included in this Act and in its provisions for direct implementation.

2. To this end, the statutory rules of the sports clubs, Spanish sports federations and professional leagues will set up a conciliation or arbitration system in which the following rules will appear, as a minimum:

a) Method for demonstrating the unequivocal intention of the interested parties of being subject to said system.

b) Matters, causes and requirements that are applicable of the conciliation or arbitration formulae.

c) Bodies or persons responsible for settling or deciding the issues that this Article refers to.

d) System of rejection of those that carry on the conciliation or arbitration functions, as well as opposition to said formulae.

e) Procedure through which these functions will be performed, in all cases observing the constitutional principles and, in particular, those of contradiction, equality and hearing of the parties.

f) Methods of enforcement of the decisions or resolutions deriving from the conciliatory or arbitration functions.

3. The decision adopted in these proceedings will have the effects set out in the Arbitration Act.



ADDITIONAL PROVISIONS

First.

The terms set out in this Act will be generally applicable in the whole of the national territory; the terms laid down in 14; 15.1, 2 and 3, 16, 17, 18 and 72, will have efficacy insofar as there is no specific regulation of the Autonomous Communities with competence in matters of sports promotion.

Second.

The following are declared to be the basic rules under the scope of the regulations laid down in Article 149.1 of the Constitution:

a) Article 3.1, 2 and 3 under the scope of the 30th rule.

b) Article 53.5, according to the terms set out in the 18th rule.

Third.

The terms set out in Articles 28 and 45.2 of this Act, together with the additional provision hereof, will be considered separately from the financial autonomy of the Historical Territory of the Basque Country and Navarre.

Fourth.

1. The terms set out in Title IX are issued for the purposes set out in Article 149.1.29 of the Constitution.

2. The terms set out in Article 71.3 and 71.4 will be generally applicable in the absence of specific regulation by the competent Autonomous Communities.

Fifth.

The sports associations that are incorporated or registered in sports registers in accordance with the relevant Autonomous Communities legislation, will be recognised as sports clubs for the purposes of the terms set out in Article 15.4 of this Act, provided that their Articles of Association lay down the constitution, adapted to democratic principles, of organs of government and representation and a regime of liability of the directors and members. In the case of public or private entities that carry on sporting activities of a complementary nature in relation to their main object, they will incorporate a differentiated budget.

Sixth. (Amended by 31/1990 Act)

One.

The 30/1985 Value Added Tax Act, of August 2, will have its text amended along the following lines:

1. Article 8., point 1, section 13, will be drafted as is set out hereinbelow:


"13. The services rendered by Public Law Entities, Sports Federations or Entities or Private Sports Entities of a social nature to those who practise the sport or physical education, whoever may be the person or entity that is responsible for carrying out the provision, provided that such services are directly related to said practices and the fees of the same do not exceed the sums that are stated hereinbelow:

Entry or admission fees: 200,000 pesetas.
Periodic fees: 3,000 pesetas per month
These sums will be modified by the General State Budgets Act of each year.”

2. Article 8., point 2, last paragraph, will be drafted as is set out hereinbelow:

" The terms set out in the preceding paragraph will not be applied when they concern the provision of services that are referred to in point 1, sections 8 and 13 of this Article."

3. Article 28, point 2, section 8 is eliminated

4. Sections 9. and 10 of point 2 of article 28 will become sections 8 and 9 respectively, of the same number and Article.

Two.

The capital increases obtained by the Sports Public Limited Companies and sports clubs that are demonstrated to be as a consequence of the assuming of debts by the national professional football league, that one and others are owners of, will not be integrated into the chargeable base of company tax.

The debts mentioned in the preceding paragraph will be those that are specifically recorded in the particular agreements that the clubs concerned sign with the national professional football league, with the aim of providing compliance with the improvement plan that is referred to in the fifteenth additional provision of the ley 10/1990, de 15 de octubre, of the sport.

The costs and reductions in capital which, as appropriate, may be demonstrated as a consequence of the breach of the agreements signed for the undertaking of the cited improvement plan will not be integrated into the chargeable base of company tax for Sports Public Limited Companies.


Seventh.

At the time this Act comes into force, those clubs that participate in official competitions of a professional nature in the football modality and that have obtained a positive net capital balance in the audits commissioned by the Professional Football League since the 1985-1986 season, will be able to maintain their present legal structure, unless there is an agreement to the contrary from their assemblies with the following particular features:

1. The annual budget will be approved by the Assembly. The budget plan will be submitted to the Assembly, accompanied by a report that will be issued by the Professional League in the period that is determined under the regulations.

The clubs that have several professional or amateur sports sections will draw up a separate budget for each section, which will form part of the general club budget. The budget of each professional sports section will be accompanied by a report that will be issued by the relevant professional league.

2. The clubs that have several professional or amateur sports sections will maintain special and separate accounting for each one of these.

3. The Professional League, the Higher Sports Council and, as appropriate, the relevant Autonomous Community will be able to determine the Clubs that will be subject to a complementary audit carried out by auditors appointed by the aforesaid Entities.

4. The members of the Management Boards of these clubs will be jointly and severally liable for the negative financial results that are generated during the period of their administration. Such results will be adapted taking account of the exceptions stated by the auditors. The financial year will commence on July 1 of each year and will end on the following June 30. Prior to the start of each financial year, the Management Board will deposit a bank guarantee, in favour of the club with the professional league, which guarantees its liability and which attains fifteen per cent of the costs budget.

The guarantee will be enforceable by the professional league and can be annually required during the whole of the period of its administration. The action for liability can be enforced:

By the Club, by means of a resolution of its Assembly, obtained by a simple majority of those in attendance.

On a subsidiary basis, by the members who represent five per cent of the total number of the same.

In any event, when four months have passed from the closing of the financial year by the relevant professional league and by the Higher Sports Council.

The conditions and circumstances in which the Management Board, within the periods of their mandates and provided that these are consecutive, will be able offset the guarantees met by the positive financial results from the preceding or subsequent years or those in which losses have taken place, will be determined by regulatory process.

The calculation of the sums offset that are alluded to in this section will be made from the commencement of the undertaking of the audits done under the control of the professional league.

5. The Sports Clubs that are covered under this Provision will adapt the accountancy of their professional sports sections to the rules that are regulated or that they may be regulated in the future for Sports Public Limited Companies and they will be subject to the same obligations as are set out for the latter in conformity with Article 26.1 of this Act concerning the periodic information that they must forward to the Higher Sports Council (added by the 50/1998 Act)

Eighth.

1. The same rules contained in the preceding provision will be applicable to the clubs which take part in official competitions of a professional nature in the basketball modality, when this Act comes into force.

2. In order to apply the preceding rules, the clubs will carry out an audit, with the supervision of the Basketball Clubs Association, concerning the four preceding seasons, and show that they have obtained a positive net capital balance in each of these.

Ninth.

1. Those clubs that have professional and amateur sports sections when this Act comes into effect will be able to maintain their present legal structure for the amateur teams. With regard to the professional teams, they must be registered and submit their corresponding human resources and materials to a newly-created Sports Public Limited Company for each one of the professional teams.

Each of these sports clubs cannot be the holders of more than ten per cent of the shares of Sports Public Limited Companies that are incorporated from amongst their number. The procedure by which the clubs concerned can subscribe said shares will be laid down under the regulations.

2. The creation of these Sports Public Limited Companies will be in line with the same rules as for the transformation of the clubs into Sports Public Limited Clubs that is set out the first transitory provision, with the exemption from Capital Transfer Tax and Certified Legal Documents contained in the cited provision being extended to the former.

Tenth.

The provisions for implementing this Act will set out the periods and requirements for the transformation of sports clubs into Sports Public Limited Companies or for the creation of Sports Public Limited Companies for the management of a professional team as referred to in the preceding provision, that have acquired the rights to become integrated into official competitions of a professional nature and a State scope.


Eleventh. (Repealed by the 50/1998 Act)

For the covering of the financial obligations deriving from the Improvement Plan of the Football Clubs that take part in competitions of a professional nature, the Higher Sports Council will include a specific entry in their budgets relating to the participation of football clubs in the comprehensive collection of State Sports Bets, under the heading of restructuring and improvement or any other heading that may be established. This participation will be determined by Royal Decree.

Twelfth.

1. As a consequence of the organisation of the competitions of a professional nature, the professional leagues will be able to establish an annual participation fee which it will require from all of the clubs that take part in them. 

In any event, during the professional football improvement period, the establishing of the fee by the professional league will be compulsory.

2. The Higher Sports Council and the Professional Football League will agree on the procedure and the criteria of application for the cited fee.

Thirteenth.

1. In the context of the Professional Football Improvement Agreement, and in order to make it possible to transform the clubs into Sports Public Limited Companies, or to create them in accordance with the ninth additional provision of this Act, the Professional Football League will assume the payment of the following debts of which the football clubs that have signed the relevant particular agreements with the professional league will be discharged:

a) Tax debts with the State deriving from taxes or concepts of this nature accruing until December 31, 1989, settled by self-assessment or, as appropriate, settled by the tax authority prior to this Act coming into force. These tax debts will include all of the components set out in section 58 of the General Taxation Act that may be applicable, along with any costs that may have arisen.

b) Other debts with the State and its autonomous bodies, Social Security or the Mortgage Bank of Spain at December 31, 1989.

c) The debts stated in the preceding sections are understood as referring to the ones of those clubs that participated or participate in official competitions of the football First and Second Division A in the 1989/1990 and 1990/1991 seasons.

2. Likewise, and for the purpose of meeting the commitments contracted in the 1985 Improvement Plan, the Professional Football League will assume the payment of the public debts of an equal nature to those stated in section 1 concerning those other clubs included in the cited Plan and not contemplated in point c) of the preceding section, which accrued prior to said Plan and which were outstanding for payment at December 31, 1989.

3. All the documents and contracts necessary in order to make the assumption of debts laid down in the first section will be exempt from Capital Transfer and Certified Legal Documents Tax.

Fourteenth.

The competences that are attributed to the Plenary Body of the Higher Sports Council in accordance with the legislation in force, inasmuch as these are compatible with the terms of this Act, and that have not been allocated to any of the bodies referred to in this Act, will be performed by the Management Committee of the Higher Sports Council.

Fifteenth.

In order to regularise the financial situation of professional football clubs, the Higher Sports Council will draw up an Improvement Plan that will cover an agreement to be signed between said body and the National Professional Football League. Likewise, the cited Improvement Plan will include the particular agreements that the clubs concerned will have to sign with the professional league.

Sixteenth.

All those reports which, by virtue of the terms set out in this Act and the provisions for implementation must be issued by different Entities, will be considered to be favourable if no announcement is made in this respect in the periods stated.

Seventeenth.

1. The clubs of the Principality of Andorra that are affiliated with the Spanish federations that take part in official competitions in Spain are excluded from the obligations laid down by this Act, inasmuch as their operation and incorporation is concerned and will be governed by the particular provisions dealing with this matter in the Principality of Andorra.

2. The association and participation of the clubs that are referred to in the preceding section in official Spanish competitions will solely be established by the membership of the same in the corresponding Spanish federations.


TEMPORARY PROVISIONS

First.

1. The clubs currently existing that participate in official competitions of a professional nature will be transformed into Sports Public Limited Companies, by effect of this Act, once the process contemplated in the following sections has been completed.

The sports clubs not covered herein that do not undertake the transformation or adscription of the professional team in the periods stipulated under the regulations, will not be able to participate in official competitions of a professional nature and State scope, being excluded from the Improvement Plan.

2. The transformation of the current Sports clubs, by effect of this Act, into Sports Public Limited Companies, will be in accordance with the following rules:

a) For the purposes of coordinating and supervising the transformation process, a Mixed Committee will be established that is made up of people appointed by the Sports Public Limited Companies and the relevant Professional League, whose composition will be determined under the regulations. 

A favourable report from said Committee will be a preliminary requirement.

b) The Mixed Committee, once it has been established, will take charge of the undertaking of a capital audit of the clubs that this provision relates to.

c) The Mixed Committee will, in accordance with the criteria established under the regulations, set out the minimum capital of each Sports Public Limited Company, once the capital reports deriving from the corresponding audits have been analysed.

d) The Management Board of each club is authorised to adapt the current Articles of Association to the regime laid down by this Act for Sports Public Limited Companies, or to incorporate one of these Companies for the management of the relevant professional team.

It will not be possible to set aside remunerations or advantages of any class in said Articles of Association.

e) Should all of the shares not be paid-out, these will again be offered to the members that have already subscribed in the first option, on the same terms of equality. If there are shares that have not been paid-out left after this second option, the Management Board will decide on the form of subscription of the same.

In the case of a club not achieving full subscription of at least the minimum capital in the periods set out, said club will not be able to take part in official competitions of a professional nature and State scope.

The Mixed Committee will issue the rule necessary in order to have regard to the matters set out in the preceding paragraph and will oversee the suitability of the same for the relevant procedure.

f) For the execution of the public deed, the subscribers of the shares are to be understood to be represented, by order of the Law, by the Management Board of the club concerned.

g) The clubs that are transformed, under the scope of the terms set out hereinabove, will maintain their present name, with the addition of the abbreviation SAD in Spanish «Sociedad Anónima Deportiva» [Sports Public Limited Company].

h) Once the process of the transformation of the relevant clubs into Sports Public Limited Companies has been concluded, the Management Board will call a Shareholders’ General Meeting for the election of the organs of government and representation.

i) The time periods for the undertaking of all of the acts of transformation will be determined under the regulations.

3. The transformation of clubs into Sports Public Limited Companies that this provision refers to will not entail a change in the personality of the former, which will be maintained under the new corporate form.

All of the documents necessary for the transformation of the clubs into Sports Public Limited Companies, or the incorporation of one of these Companies for the management of the relevant professional team, will be exempt from Capital Transfer and Certified Legal Documents Tax.

4. The Sports Public Limited Companies that cease their activity of participation in official sports competitions of a professional nature and State scope will be able to maintain their legal structure, provided that they do not modify their corporate purpose in order to participate in said competitions. 

Second.

The Ministry of Education and Science is authorised to lay down the criteria for the approval and validation of the current sports technical staff qualification, in conformity with the terms of the Act.

Third.

1. The measures of financing for the improvement of professional football that are planned under this Act, paid for out of public funds and the other benefits granted by public entities reporting to the State for said purpose are conditional on the signing of the Improvement Agreement that is referred to in the fifteenth additional provision of this Act.

2. During the term of the agreement and until the full extinguishing of the debt, the Professional League will receive and administer the following financial rights:

a) Those which, under all headings, are generated by the broadcasting of the competitions organised by the particular league on television, by themselves or in cooperation with other associations of clubs.

b) Those relating to the generic sponsorship of said competitions.

c) One per cent of the total sum collected from the State Sports Bets recognised by the legislation in force in favour of the professional league.

3. The rights cited in the preceding paragraph, together with the annual fees set out in the twelfth additional provision and the payments that may be made from the budgetary provision that is referred to in the eleventh additional provision will be subject to compliance with all of the obligations that are referred to in the thirteenth additional provision of this Act.

4. In the event of the total or partial non-payment of said obligation by the professional league, the guarantees that are referred to in section 3 of this provision will be enforced, under a redress process, by the collection bodies of the Ministry of the Economy and Public Revenue and the Social Security and, as applicable, in accordance with the legally established procedures for the enforcement of the other obligations, with the amount obtained being attributed in proportion to the unpaid debts.

5. In the context of the Improvement Agreement, and once the tax debts of the football clubs have been assumed by the National Professional Football League, along with the debts under all headings that these contract with the Social Security system, it will be possible to agree to the payment thereof by instalments during a maximum period of 12 years, subject to the terms set out in Section 52 and the subsequent sections of the General Collection Regulations, and Section 39 and subsequent sections of the General Collection Regulations for the Resources of the Social Security System, respectively.

Payments will be made by means of quarterly amortizations, with the sums deferred accruing the relevant delay interest, which will be paid in the final period of each deferred debt.

The other debts with the State Administration and its Autonomous Bodies will likewise be the subject of payment instalments, in the periods and on the terms laid down in the preceding paragraphs.

Fourth.

1. The Government is authorised to adapt the Physical Education teaching that is presently taught at the National Physical Education Institutes to the terms set out in the 11/1983 Act, of August 25, on University Reform.

2. As soon as the adaptation that is referred to in the preceding paragraph has been carried out, the Government will be able to establish the access requirements and the conditions for the obtaining, issuing and approval of the certificates that accompany the subjects that are presently studied at said Institutes. The title of graduate will be equivalent, for all purposes, to that of university graduate. As appropriate, the universities will teach third-cycle courses related to physical education by means of the agreements executed to this end.

Fifth.

While the Professional Football Improvement Plan continues to be in force, the action for liability that is referred to in Section 24.7 and the additional seventh provision 4 can likewise be enforced by the Higher Sports Council.

Sixth (Added by the 50/1998 Act)

1. After three years have passed from the coming into force of the amendment on the Ley 10/1990, de 15 de octubre, on Sports, effected by the 50/1998 Act, of December 30, on Fiscal, Administrative and Social Order Measures, the Sports Public Limited Companies that have complied with all of the obligations set out in the same and that have not been sanctioned for any of the infringement laid down in Article 76.6 of the cited Act, will be able to apply for their shares to be listed on the Stock Exchange.

2. In relation to the Sports Public Limited Companies whose shares, in conformity with the terms set out in the preceding section, have been listed on any Stock Exchange, the Spanish National Securities Exchange Commission will be able to require the undertaking of complementary audits that it considers necessary on the terms laid down by Article 26.3 of this Act.

3. The Ministry of the Economy and Revenue, and with the express authorisation thereof, the Spanish Securities Exchange Commission, will regulate the special features that could arise in relation to the scope and the frequency of the information that the Sports Public Limited Companies that are listed on a Stock Exchange have to make public

The Ley 53/2002, de 30 de diciembre, introduces a new temporary sixth provision with the following text: 

Sixth. Determining of the functions, rights and obligations of volunteer groups.

In the period of six months from this amendment coming into effect, the National Commission against Violence at Sporting Events will carry out the proposals that are referred to in section 2 of Article 62 of this Act.


FINAL PROVISIONS

First.

The Government is authorised, upon a proposal from the Ministry of Education and Science, to issue the provisions necessary for the implementation of this Act.

Second.

The 13/1980 General Act, of March 31, on Physical Culture and Sport is repealed, along with all the rules that are contrary to this Act.

Third.

All the regulatory provisions which may be compatible with the terms of this Act will remain in force until such time as the provision of a general nature that are referred to in the first final provision have been promulgated.

Fourth.

The adaptation of the statutory and regulatory provisions of the internal regime that the sports clubs and the Spanish sports federations must undertake will be effected within the periods that are stated in the norms of implementation of this Act.

Fifth. (Added by the 50/1998 Act)

1. Once the period that is referred to in the first section of the Sixth Temporary Provision of this Act has passed, the provisions in force concerning Public Limited Companies will be directly applicable to the Sports Public Limited Companies insofar as they do not contradict the special features that this Act establishes.


2. In the event of the competences of the Higher Sports Council coinciding with those of the National Securities Exchange Commission, said entities will be able to coordinate their actions both in matters concerning the receipt of information and in those relating to other topics that they may thus require, in such a manner that the objectives and aims of each one of them are met in the most effective manner. 

Sixth. (Added by the 50/1998 Act)

The regulations will determine the functioning of the Register of Sports Associations and the sections in which these should be created, along with the Register of Significant Stakes in Sports Public Limited Companies.