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On behalf of the King and as President of the Autonomous Community of Aragon, I promulgate this Law, approved by the Parliament of Aragon, and order its publication in the "Official Gazette of Aragon" and in the "Official State Gazette", all of this in in accordance with the provisions of article 45 of the Statute of Autonomy of Aragon.
PREAMBLE
Article 71.52. of the Statute of Autonomy of Aragon attributes to the Autonomous Community the exclusive competence in matters of Sport, especially its promotion, regulation of sports training, balanced territorial planning of sports facilities, the promotion of modernization and high sports performance, as well as the prevention and control of violence in sport.
Based on this competence, the Cortes of Aragón approved Law 16/2018, of December 4, on physical activity and sports in Aragón ("Official Bulletin of Aragón", number 244, of December 19, 2018).
In relation to articles 6.bb), 80, 81, 82, 101.1.h) and 101.1.x), 102.q) and 103.b) of said Law, the State expresses discrepancies regarding its constitutionality, considers that it is regulated in all aspects that exceed the scope of competence of the Autonomous Community of Aragon.
In view of these discrepancies, and in accordance with the provisions of article 33.2 of Organic Law 2/1979, of October 3, of the Constitutional Court, the Bilateral Aragon-State Cooperation Commission met to study and propose solution of the competence discrepancies manifested in relation to the cited articles.
On July 29, 2019, the Aragon-State Bilateral Cooperation Commission reaches an agreement by which the Government of Aragon undertakes to promote the modification, in the expressly agreed terms, of article 81 in its sections 4 and 6, of the article 6.bb) and article 101.1.x) of Law 16/2018, of December 4, on physical activity and sports in Aragón.
By virtue of the agreement reached, by which both parties agreed to consider the discrepancies expressed, Law 16/2018, of December 4, on Physical Activity and Sport of Aragon, is modified, in the terms agreed within the of the Bilateral Aragon-State Cooperation Commission dated July 29, 2019.
On the other hand, in accordance with what was agreed with the General State Administration in the aforementioned Bilateral Commission, insofar as it refers to the limitation of application of Law 16/2018, of December 4, to the territorial scope of the Autonomous Community of Aragón, it was considered appropriate to circumscribe the restrictions provided for in article 30 of the Law, in terms of training and retention rights, to those cases in which an athlete under 16 years of age signs a sports license with another sports entity of the Autonomous Community of Aragon.
Finally, article 83 of the Law, relating to sports volunteering, requires, in its first section, that for the exercise of sports volunteering activities and for physical activity of a technical nature, directly linked to the execution of movements, it is assumed that the same competence that is demanded in article 81 for the cases in which these activities are carried out professionally. In this regard, the significant economic and time cost involved in taking official sports education must be taken into account, which can discourage the exercise of sports volunteering activities, with the serious social consequences that this entails by significantly reducing the sports practice of certain sectors of the population. For this reason, it is considered opportune, in those cases in which the activity is mainly aimed at people registered in a sports entity, that an adequate federative training, previously communicated to the competent general directorate in matters of Sport, is equally valid for those people who they will drive it.
In this regard, and with regard to the practice of physical activity by people with disabilities, it must be taken into account that the Aragonese sports federation for people with disabilities, provided for in article 57 of the Law, is not yet constituted . For this reason, and as long as said federation is not created, the training of those who are going to direct their sports volunteering activity to people with some type of disability may be given by the Aragonese sports entities in which they are going to carry out the activity. The content of said training must also be previously communicated to the competent General Directorate for Sports.
In accordance with the provisions of article 37 of Law 2/2009, of May 11, of the President and the Government of Aragon, the preliminary draft law has been informed by the General Technical Secretariat of the Department of Education, Culture and Sports and by the General Directorate of Legal Services.
Sole article Modification of Law 16/2018, of December 4, on physical activity and sports in Aragon
One. Section bb) of article 6 is modified, which now has the following wording:
- bb) Develop the necessary mechanisms that prohibit advertising on teams, facilities, sponsorships or the like of all kinds of sports betting within the Autonomous Community of Aragon and any kind of business related to prostitution. Said prohibition will affect all sports categories and will be applicable as long as the entity in question has its registered office in Aragon and the competition, activity or sporting event is local, provincial or regional in Aragon.
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Behind. Sections 1 and 2 of article 30 are modified, which are worded as follows:
Article 30 Training rights
1. In the case of athletes under 16 years of age, and as a guarantee of protection of the minor's best interests, retention or training rights, or any other type of financial compensation, may not be required when they sign a license with another sports entity of the Autonomous Community of Aragon.
2. The Director General responsible for Sports will ensure compliance by the Aragonese sports entities with this obligation, and the sports federations must collaborate for this purpose, which in any case will inform the same Director General when they have evidence or indications of their compliance. compliance
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Very. Section 4 of article 81 is modified, which will now have the following wording:
4. For the exercise of the profession of sports director, it will be necessary to accredit the competence required for these functions through the corresponding official qualifications or certificates of professionalism.
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Four. Section 6 of article 81 is modified, which will now have the following wording:
6. In the event that the professional activity is carried out strictly in the field of preparation, conditioning or physical performance with respect to athletes and teams, it will be necessary to prove the competence required for these functions by means of the corresponding official qualifications or certificates of professionalism.
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Five. Section 1 of article 83 is modified, which will now have the following wording:
1. The exercise of sports volunteering activities and for physical activity of a technical nature, directly linked to the execution of movements, require the same competence that is collected in the previous articles, in order to guarantee the adequate practice of physical activities and sports in the necessary conditions of safety and efficiency.
However, physical sports activities with recreational and non-profit fines may also be conducted by volunteers who have federal training in the corresponding sports modality or specialty, as long as these activities are directed mainly at people who are members of an entity. Sports. The training will be aimed, fundamentally, at guaranteeing the safety of the participants. Before it has been able to distribute, the federations must communicate its content to the competent director general in matters of Sport. Likewise, the persons who will obtain the corresponding federative qualification must be notified to said general directorate.
As long as the Aragonese sports federation for people with disabilities provided for in article 57 of this law is not constituted, the training of those who are going to direct their sports volunteering activity to people with some type of disability may be distributed, under the conditions set out in the previous paragraph, by the Aragonese sports entities in which they are going to carry out the activity.
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six. Letter x) of article 101.1 is modified, which will now have the following wording:
- x) The insertion of advertising of all kinds of sports bets in the Autonomous Community of Aragon and any kind of business related to prostitution, in teams, facilities, sponsorships or similar in any type of competition, activity or sporting event, if and when the entity in question has its registered office in Aragon and the competition, activity or sporting event is local, provincial or regional in Aragon.
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Single final provision Entry into force
This Law will enter into force the day after its publication in the "Official Gazette of Aragon".
Therefore, I order all citizens to whom this Law is applicable, to comply with it, and to the corresponding courts and authorities, to enforce it.
