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What it is

Spain updates its anti-doping law to the 2015 World Anti-Doping Code

BOE step 7 of 7 · Passed

It is a royal decree-law. It was introduced on 17 February 2017. Introduced by: Gobierno.

Official title: Royal Decree-Law 3/2017, of 17 February, amending Organic Act 3/2013, of 20 June, on the protection of the health of athletes and the fight against doping in sporting activity, and adapting it to the modifications introduced by the 2015 World Anti-Doping Code.

Source: Congreso de los Diputados, file 130/000009· updated 11 Nov

Automatic summary, not yet reviewed

  1. The Government amends organic law A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes. 3/2013 to adapt it to the 2015 World Anti-Doping Code. The World Anti-Doping Agency had formally declared Spain in "non-compliance with the code" for not making this adaptation earlier.
  2. Doping control samples can be stored and analyzed later, always within 10 years from collection. This allows old cases to be retested when new detection methods appear.
  3. Sanctions are updated: very serious violations carry a license suspension of two to four years or even a lifetime ban, plus fines from €3,001 to €100,000 depending on the violation. Clubs, federations and medical staff can also be sanctioned.
  4. Repeat violations are regulated: a second violation within 10 years increases the sanction, and a third can mean a lifetime ban, unless mitigating factors apply.
  5. Anyone who provides substantial help to uncover violations or doping crimes can have their sanction suspended by up to three quarters. Mitigating factors such as admitting the violation are also recognized.
  6. Sanctioning procedures must end within a maximum of 12 months; otherwise they expire. Decisions by the Spanish Health Protection Agency in Sport can be appealed to the Administrative Court for Sport within 30 days.
  7. The program to prepare Spanish athletes for the Tokyo 2020 Games is declared an event of exceptional public interest. This allows tax benefits for its sponsors from 2017 to 2020.
  8. The rule takes effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado). The Government will have six months to adapt the bylaws of the Higher Sports Council and the anti-doping agency.

Who it affects

  • Licensed athletes: They must make sure no prohibited substance enters their body, submit to controls and follow location rules. Sanctions include license suspension, fines and loss of results and medals.
  • Coaches, doctors and support staff: They cannot provide sports services to people sanctioned for doping and are liable for certain failures. Violations carry professional disqualification.
  • Clubs, teams, professional leagues and federations: They can be fined up to €400,000 and lose points, standings or be relegated.
  • Sponsors of the Olympic program: They can benefit from the tax incentives of the Tokyo 2020 preparation program.

Words worth knowing

Código Mundial Antidopaje (World Anti-Doping Code)
A set of binding rules drawn up by the World Anti-Doping Agency that sets common anti-doping standards in sport.
Autorización de uso terapéutico (therapeutic use exemption)
A permit allowing an athlete to use a prohibited substance or method for genuine health reasons, granted by a specialized committee.
Licencia federativa (federation license)
An authorization issued by a sports federation needed to officially compete in that sport.
Real decreto-ley (royal decree-law)
A rule with the force of law that the Government can pass on urgent grounds, without first going through Parliament.
Pasaporte biológico (biological passport)
A record of an athlete's biological parameters over time, used to detect suspicious changes suggesting doping.
organic law
A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced17 February 2017Someone registers the text in the Congreso.
  2. Admitted21 February 2017The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsno dateGroups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenary21 February 2017All 350 deputies vote.
  6. Senateno dateThe Senate can pass it, amend it or veto it.
  7. BOEno dateIt is published in the Official State Gazette (BOE) and comes into force.
See the 4 official steps on a timeline
Feb 201711. 17 February 2017: Presentación22. 21 February 2017: Calificación33. 21 February 2017: Pleno Convalidación desde 21/02/2017 hasta 09/03/201744. 9 March 2017: Concluido - (Convalidado) desde 09/03/2017 hasta 15/03/2017

9 March 2017

How did the plenary vote?

More votes against 8 yes · 328 no

Voted on: Processing as a Government bill by the urgent procedure of Royal Decree-Law 3/2017, of February 17, amending Organic Law 3/2013, of June 20, on the protection of the health of the athlete and the fight against doping in sporting activity, and adapting it to the modifications introduced by the 2015 World Anti-Doping Code.

This law had 2 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 2 of sitting 34· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Vasco (EAJ-PNV). Against, most of Socialista, Mixto, Ciudadanos, Gcup-ec-em, GER and Popular en el Congreso. 4 deputies voted differently from their group.

By province: in 1 most voted in favour; in 51, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 1
  • Against: 51
Result by parliamentary group
GroupSeatsHow it voted
Socialista84
1 in favour · 83 against
Vasco (EAJ-PNV)5
4 in favour · 1 did not vote
Mixto19
3 in favour · 16 against
Ciudadanos32
32 against
Gcup-ec-em67
63 against · 4 did not vote
GER9
9 against
Popular en el Congreso134
125 against · 9 did not vote

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

Published in the BOE: Royal Decree-Law 3/2017, of February 17, amending Organic Law 3/2013, of June 20, on the protection of the health of the athlete and the fight against doping in sports activity, and adapting it to the modifications introduced by the 2015 World Anti-Doping Code.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.