Royal Decree 2195/2004

Royal Decree 2195/2004, of 25 November, whereby the structure and functions of the High Council for Sport are regulated.

[Versión consolidada en PDF] [BOE n. 285 de 26/11/2004]

 

 Modificado por:

  • Real Decreto 185/2008, de 8 de febrero, por el que se aprueba el Estatuto de la Agencia Estatal Antidopaje (First Final Provision) [BOE n. 39 de 14/2/2008]

 

The High Council for Sport is an autonomous body attached to the Ministry of Education and Science, whose powers and governing bodies are regulated by Sports Act 10/1990, of 15 October.

The dynamic evolution of sport, the establishment of physical education in our society, the need to guarantee fairness and transparency in sporting management, the attention that public powers should pay to the requirements of the public, and the strengthening of the international dimension of Spanish sport, all help to make it necessary to modify the organic structure of the High Council for Sport. Aspects such as the importance that should be given to the contribution made by sport to public health, and the promotion of school-age sport, along with a special interest in the health of top-level athletes and the fight against illegal practices in competition, go to form the central axis of Government policy and should be reflected in the organisation of the body. The increasing legal complexity of the different relationships in the world of sport also make the unification of services in this field advisable, creating a single body to direct and coordinate them.

For all these reasons, following rationalisation and simplification criteria, this organic structure appears to be the most suitable instrument for carrying out the powers vested in the State by current legislation in the field of sport.

Therefore, on the initiative of the Minster of Education and Science, at the proposal of the Economy and Inland Revenue, and Public Administration Ministers, with prior deliberation by the Council of Ministers at their meeting of 19 November 2004,

 

Actualizado por:

 

I HEREBY DECREE:

 

 Article 1. Legal character and regulation

1. The High Council for Sport is an autonomous body, as foreseen in article 43.1.a) of Act 6/1997, of 14 April, concerning the Organisation and Functioning of the General State Administration, which directly exercises the powers of the General State Administration in the field of sport, and which is attached to the Ministry of Education and Science.

2. The High Council for Sport has a specific legal character and the capacity to work towards the fulfilment of its goals and functions. It is regulated by; Act 6/1997, of 14 April, concerning the Organisation and Functioning of the General State Administration; Act 10/1990, of 15 October, concerning Sport in matters that do not contradict Act 6/1997 of 14 April; Act 30/1992, of 26 November, on Legal Regulation of Public Administrative Bodies and Standard Administrative Procedure; Act 47/2003, of 26 November, the General Budget and by other provisions applicable to autonomous bodies within the General State Administration.

3. The Minister of Education and Science is in overall charge of the body. He/she manages strategy and efficiency control in the terms envisaged in articles 43 and 51 of Act 6/1997, of 14 April.


Article 2. Powers

The High Council for Sport uses the powers attributed to it by Sports Act 10/1990, of 15 October, as well as those attributed to it in legal and regulatory guidelines, and others aimed at developing article 43.3 of the Constitution.


Article 3. Governing bodies

  1. The Presidency and Executive Committee are governing bodies of the High Council for Sport.
  2. The Executive Committee exercises the powers envisaged in article 10.2 of Sports Act 10/1990, of 15 October. Its composition and functioning are those determined in Royal Legislative Decree 1242/1992, of 16 October, modified by Royal Legislative Decree 1970/1999, of 23 December, and their actions will terminate the administrative process.


Article 4. The President of the High Council for Sport

1. The President of the High Council for Sport, with the grade of State Secretary, is named and dismissed by the Council of Ministers, by proposal of the Ministry of Education and Science.


2. The following responsibilities correspond to the President:

a)  To serve as representative and overall director of the High Council for Sport.

b)  To preside over the Executive Committee of the body.

c)  To promote, coordinate and supervise the activities of the organism’s governing bodies.

d)  To come to agreements with the Spanish sports federations on their objectives and their sporting programmes, especially regarding high-level sport, budgets, and their organic and functional structures.

e)  To allocate grants that come out of the body’s own budget.

f)  To authorise or deny the celebration of official, international sporting events in Spain, as well as the participation of Spanish teams in international competitions. All this without detracting from the powers that correspond to other authorities, organisms and bodies.

g)  To authorise pluriannual spending of the sports federations as anticipated in the regulation, to determine where their net assets should go, in case of their liquidation, and to authorise the taxing and disposal of their real estate when the federations have been fully or partially financed by public state funds.

h)  To authorise the acquisition of stocks in sports companies in the terms established in Sports Act 10/1990, of 15 October, and to exercise the sanctioning jurisdiction envisaged concerning sports companies.

i)  To award the High Council for Sport’s distinctions, medals and other sports prizes.

j)  To administrate the Agency’s assets; to authorise and arrange the body’s spending, and to recognise its obligations, and to order payments; to authorise the required credit modifications; to celebrate the appropriate contracts for the body’s activities, and to pass administrative acts in its name.

k)  To exercise the remaining faculties and prerogatives attributed to it by current legal provisions and, in particular, to perform those other functions that are not specifically entrusted to the Executive Committee.


3. The President of the High Council for Sport will also perform the management of the body, along with any other function, faculty or prerogative attributed to the Ministry of Education and Science by current provisions regarding personnel, budgets, services and recruitment, with the exception of institutional relations with the National Assembly and the Government that correspond to the departmental minister.


4. Presidency of the following official bodies corresponds to the President of the organism:

a)      The Executive Committee

b)      The General Assembly for Sport

c)      The Committee for the Evaluation of High-level Sport

d)      The Spanish University Sports Committee

e)      The Council for Sports Broadcasting


5. In case of vacancy, absence or illness, the President of the High Council for Sport will be substituted by the incumbents of the management bodies quoted in article 5.1, following the order in which they are mentioned.

Incumbents of the quoted management bodies will substitute in a reciprocal manner, in case of vacancy, absence or illness.

 

Article 5. Basic organic structure

1. The following Directorate-Generals are directly responsible to the President of the body:

a)   The Directorate-General of Sport.

b)   The Directorate-General of Sporting Infrastructure.

2. The following are also directly responsible to the President, at Sub-Directorate-General level:

a) A cabinet, as a body offering immediate support and assistance to the President, with the structure and functions established in article 10 of Government Act 50/1997, of 27 November, and in Royal Legislative Decree 562/2004, of 19 April, approving the basic organic structure of ministerial departments.

Functions relating to planning for objectives, monitoring of progress and evaluation of results also correspond to the Cabinet, as do international relations, development of the High Council for Sport’s policy regarding international cooperation, institutional relations and protocol, along with the production of reports, studies and texts required by the President.

b) The following functions correspond to the Sub-Directorate-General of Inspection:

 

1st. To confirm that grants awarded by the body are adequately justified, that the activity proposed is carried out, and that the goals proposed are achieved, as envisaged in grants legislation; to inspect official, regulatory books and documents of the bodies benefiting from grants, without detracting from the powers that grants legislation affords to the General Intervention of the State Administration, and to propose the audits that it deems necessary and their scope, in the terms foreseen by legislation.

2nd. To control and monitor the shares in sports companies and to submit the resolution proposals required in accordance with current regulations.

3rd. To give economic-financial advice to Spanish sports federations and other sporting institutions, where these bodies are in receipt of grants from public funds. To produce the reports and management studies assigned to them.

c) The Sub-Directorate-General of Major International Sporting Events, responsible for those functions assigned to it regarding institutional support and, where necessary, regarding representation of the body at Olympic Games, international championships, and meetings and conferences at the highest level.

d) The Press Office, through which the High Council for Sport maintains relations with the press.

3. The Delegated Intervention Office of the State Administration’s General Intervention is attached to the Presidency of the High Council for Sport, with the organic level determined in the corresponding list of professional posts.


Article 6. Directorate-General of Sports

1. The following functions correspond to the Directorate-General of Sports:

a) To submit proposals regarding objectives, budgets, organic and functional structures, and the Spanish sports federations’ sporting programmes to the President of the High Council for Sport, collaborating with them and with the associations established in article 12.1 of Sports Act 10/1990, of 15 October, through technical and financial support for the training and improvement of high-level athletes, as well as to propose the criteria by which these athletes are classified.

b) To submit proposals to the President of the High Council for Sport, regarding the strategic plan for grants to federations, to Spanish sporting associations and, where appropriate, to other bodies and institutions, proposing the concession of pertinent grants and promoting their efficient application.

c) To propose to the President the authorisation of pluriannual spending of the Spanish sports federations as anticipated in the regulation, to determine where their assets should go, in case of their liquidation, and to authorise the taxing and disposal of their real estate when the federations have been fully or partially financed by public state funds.

d) To propose to the President, with prior agreement from the Ministry of Foreign Affairs and Cooperation, the celebration of official, international sporting events in Spain, as well as the participation of Spanish teams in international competitions.

e) Direct management of the high-performance training centres that fall under the tenure of the High Council for Sport, and coordination of their use by sporting federations and associations.

f) To cooperate in support of the high-performance training and sports technification centres under tenure of the Autonomous Regions, proposing the corresponding collaboration agreements to them.

g) To collaborate with the Autonomous Regions in the drawing up of promotion plans for physical education and the practice of sport in all areas of the population, along with the promotion of those social-educational values inherent in sport.

h) To drive organisational and promotional activities developed by sporting associations, and to organise, in collaboration with the Autonomous Regions, national and international school and university sporting competitions.

i) To prepare plans and programs to detect sporting talent, in conjunction with the Spanish sports federations, and to propose annual plans for grants.

 

j) To promote and foster measures for the prevention, control and repression of the use of non-regulated or prohibited products and substances in sport, as well as to adopt measures to fight against the use of these products, substances and methods in other areas of sporting activities; to organise the publication of a list of prohibited substances and methods and report on the same, and to assist managerial and auxiliary health staff in the collection of anti-doping samples. 

 

k) To foster the protection of the health of sports people by carrying out medical-sport tests, studies and research, as well as the issue of Health Cards for sports persons and to promote scientific and technological research related to physical activity and sport.

l. To exercise powers relating to mediation and coordination of the professional leagues with the respective Spanish sports federations, and to submit to the President proposals to resolve disputes regarding powers that could arise between them.


2. The Directorate-General of Sports is structured into the following Sub-Directorate-Generals:

a) The Sub-Directorate-General of High-level Competition, with the functions described in sections 1.a), b), c), d) and l).

b) The Sub-Directorate-General of Sporting Promotion and Paralympic Sport, with the functions described in sections 1. g), h), and i), and, regarding the Spanish paralympic federations, the functions described in sections 1. a), b), c) and d).  

 

c) The Office of the Assistant Director-General of Sport and Health, responsible for executing the functions listed in section 1, letters j) and k) and to which the Centre for Sports Medicine is attached, will provide administrative support for the operation of the Commission for the Control and Monitoring of Health and Doping.

 

3. The High-performance Training Centres Division is also dependent on the Directorate-General of Sports, with the organic level determined in the list of professional posts. It has the functions described in sections 1. e) and f), and specifically the management of the Centres in Madrid and Sierra Nevada.


4. The presidency of the Commission for the Control and Monitoring of Health and Doping, a licensed body attached to the National Sports Council, lies with the Director-General of Sports.


5. Bearing in mind the special characteristics of this management body, the incumbent director does not have to be a civil servant, in accordance with regulations envisaged in article 18.2 of Act 6/1997, of 14 April.


Article 7. Directorate-General of Sports Infrastructure

1.       The following functions correspond to the Directorate-General of Sports Infrastructure:

a) The planning, projection and construction of sports infrastructure, corresponding to the Council, the updating and adaptation of regulations regarding design and construction of sports infrastructure and facilities, as well as technical advice in this field to other Public Administrations, sports federations and other sporting bodies.

b) To update the National Census of sporting facilities, in collaboration with the Autonomous Regions, and to programme, in conjunction with national bodies where appropriate, the execution of plans for construction, extension and improvement of sports infrastructure.

c) To draw up the preliminary budget project, with monitoring and analysis of its execution, the economic and financial management of the body, its accounts and treasury, as well as the management and proceedings of the body’s administrative recruitment.

d) Proposal and execution of the body’s personnel policy, prevision of its requirements and the preparation of lists of professional positions, social action programmes and training plans.  

e) The interior regime, development of the body’s asset management and the equipping, conservation, maintenance and security of its facilities.

f) The organisation and management of IT services, as well as the preparation of studies and proposals rationalising activities and working methods.

g) To propose, within the framework of the educational powers of the General State Administration, the regulation and ordering of special stream sports training; to propose the resolution of procedures regarding the issue of technical-sporting qualifications, as well as the standardisation, validation, professional equivalence and training relevance of sporting studies; to collaborate with other bodies to promote the creation and development of centres offering this type of training, and to drive and develop the remaining actions that correspond to the body in this field.

h) The preparation and proposal of resolutions lodged before the High Council for Sport, regarding general regulations and administrative procedures.

i) To propose to the body’s Executive Committee:

 1st. The approval of statutes and regulations of sports federations, associations of clubs and state sports promotion bodies, as well as the authorisation of their inscription on the Register of sports associations and the classification of new sporting disciplines.

 2nd. The authorisation of inscription of Spanish sports federations in the corresponding international sports federations and on the Register of sports associations.

3rd. The approval of statutes and regulations for professional leagues, as well as authorisation for their inscription on the Register of sports associations.

4th. Proposals for the authorisation of the inscription of sports companies on the Register of sports associations.

j) To hear cases of sanction brought for failure to comply with obligations established in Sports Act 10/1990, of 15 October, concerning shareholdings in sport companies, and to submit the corresponding resolution proposal to the President of the High Council for Sport.

2. The Directorate-General of Sports Infrastructure is structured in the following units with organic level of Sub-Directorate-General:

a) The Sub-Directorate-General of Sports Infrastructure and Economic Administration, with the functions described in sections 1.a), b) and c).

b) The General Secretariat, with the functions described in sections 1.d) e), f) and g).

c) The Sub-Directorate-General of Legal Regulation in Sport, with the functions described in sections 1.h), i) and j). The Register of sports associations is attached to this body.


Article 8. Regulation regarding personnel, management of assets, recruitment and economic resources.

1. Regulations regarding personnel, management of assets and recruitment for the High Council for Sport will correspond to those established in articles 47, 48 and 49 of Act 6/1997, of 14 April.

2. The body’s economic resources may come from any of the sources mentioned in section 1 of article 65 of Act 6/1997, of 14 April.


Article. 9. Budget regulations.

In accordance with regulations established in article 50 of Act 6/1997, of 14 April, the economic-financial, budget regime, accounting, intervention and financial control will correspond to those established in Act 47/2003, of 26 November, regarding General Budgets, and other current provisions dealing with these areas.

Additional single provision. Elimination of bodies.

The following bodies will be eliminated:

a) With organic level of directorate-general: the Directorate-General of Sports Infrastructure and Services, which will know be called Directorate-General of Sports Infrastructure.

a) With organic level of sub-directorate-general:

1st. The Sub-Directorate-General of Professional Sport.

2nd. The Sub-Directorate-General of Financial Control of Sports Federations and Bodies, which will now be called Sub-Directorate-General of Inspection.

3rd. The Sub-Directorate-General of Sporting Cooperation and Paralympic Sport, which will now be called the Sub-Directorate-General of Sporting Promotion and Paralympic Sport.

4th. The Centre for High-Performance Training and Sports Science Research, which will now be called the Sub-Directorate-General of Sport and Health.


Transitory single provision. Units and professional positions with an organic level lower than that of Sub-Directorate-General.

Units and professional positions with an organic level lower than that of Sub-Directorate-General will be subsistent and will be paid out of the same budget credits until the list of professional positions adapted to the organic structure of this Royal Legislative Decree is approved. This adaptation may, under no circumstance, mean an increase in public spending.

The units and professional positions that figure in bodies that are eliminated by this Royal Legislative Decree, or that are affected by the modifications in powers established in said decree will be attached provisionally to the bodies that are regulated within this Royal Legislative Decree, according to the powers assigned to them, through a resolution of the body’s President, until the new list of professional positions comes into effect.


Single repeal provision. Regulatory repeal.

Those provisions of equal or lower rank that are contrary to that established in this Royal Legislative Decree, and, specifically, Royal Legislative Decree 286/1999, of 22 February, dealing with the organic structure and functions of the High Council for Sport and with the adaptation of the body to Act 6/1997, of 14 April.


First final provision. Development faculties.

When the corresponding legal procedures are previously fulfilled, the Ministry of Education and Science is authorised to adopt the measures necessary for the development and execution of this Royal Legislative Decree.

Second final provision. Coming into force.

This Royal Legislative Decree will come into force the day after its publication in the “Official State Bulletin”.

Madrid, 25 November 2004.

 

 

 

JUAN CARLOS R.

         Government Vice-president

                 and Presidency Minister,

MARÍA TERESA FERNÁNDEZ DE LA VEGA SANZ