Spain

ACT 39/2022, OF 30 DECEMBER, ON SPORT

FELIPE VI

KING OF SPAIN

To all who see and understand this document.

Know: That the Cortes Generales have approved and I hereby sanction the following act:

PREAMBLE

I

Sport is inherent to human beings, and physical exercise is indispensable for the harmonious development of body and mind. This reality was recognised by the most ancient civilisations, which gave sport and physical activity a prominent place in the organisation of their social life.

Today, sport has become one of the most significant social, cultural and economic phenomena of the 21st century. It is estimated that more than 3% of world trade is related to the sports industry, and that this activity represents approximately 2% of global Gross Domestic Product. In the case of Spain, this figure stands at 3.3%.

In addition to these figures, from a social point of view, sport and physical activity constitute a public health vector of the first magnitude, as well as a fundamental element for the education of children and young people.

II

In this global context, it is not surprising that sport has been gaining presence and prominence in the legal systems of all countries. Our Constitution, in Article 43.3, states that public authorities shall promote health education, physical education and sport, and shall facilitate the appropriate use of leisure time.

In implementation of this constitutional mandate, Act 10/1990 of 15 October on Sport was approved, which has been in force for more than thirty years. During this time, Spanish society has undergone profound transformations that make it necessary to update sports legislation.

III

This new Sports Act is based on three fundamental pillars:

First, the express recognition of physical activity and sport as essential activities that contribute decisively to the health and well-being of people, to social cohesion and to the economic development of the country.

Second, the defence of equality and inclusion at all levels of sport, with special attention to female athletes, persons with disabilities, minors and other vulnerable groups.

Third, the provision of a greater degree of legal certainty for athletes, professional or otherwise, updating the model of professional sports associations and regulating and expanding the powers of the High Council for Sport.

PRELIMINARY TITLE

General Principles of Sports Regulation

CHAPTER I - General Provisions

Article 1. Purpose.

1. The purpose of this Act is the general regulation of sport under State competence, the promotion of physical activity and sport by the General State Administration within its powers, as well as coordination with the Autonomous Communities and local authorities.

2. The General State Administration shall promote the practice of sport among citizens, creating conditions that facilitate physical activity and access to sport on equal terms.

3. Sport and physical activity are considered an essential activity that contributes to the health, education, culture and social cohesion of citizens.

Article 2. Public Purposes of Sport.

1. The public purposes of sport are:

   a) The promotion of physical activity and sport as essential elements of quality of life and personal and social well-being.

   b) The promotion of citizens’ health through physical activity and sport.

   c) Universal access to sport, guaranteeing equal opportunities and non-discrimination on grounds of gender, sexual orientation, gender identity, racial or ethnic origin, religion or beliefs, disability, age or any other personal or social condition.

   d) The protection of minors and other vulnerable groups in sports practice.

   e) The promotion of effective equality between women and men in sport.

   f) The integration of persons with disabilities in ordinary sports practice.

   g) The promotion of sport in the educational sphere.

   h) The promotion of sport as an element of territorial cohesion.

   i) The defence of the ethical and social values of sport.

   j) The protection of the integrity of sports competitions.

   k) The fight against doping and the protection of athletes’ health.

   l) The prevention of violence, racism, xenophobia, harassment and any other forms of discrimination in sport.

   m) Promoting the ecological transition in the sports sphere.

   n) Promoting digitalisation and innovation in sport.

   o) The promotion of sport in rural areas as a factor of territorial cohesion.

Article 3. Athletes.

1. For the purposes of this Act, an athlete is any person who practises a physical or sporting activity, regardless of whether they do so in a federated or non-federated, competitive or recreational, professional or amateur context.

2. Athletes have the right to:

   a) Practise sport in conditions of freedom, equality and safety.

   b) Not be discriminated against on grounds of gender, sexual orientation, gender identity, racial or ethnic origin, religion or beliefs, disability, age or any other personal or social condition.

   c) Receive adequate sports training.

   d) Know the risks that sports practice may pose to their health.

   e) Have access to safe and accessible sports facilities and equipment.

   f) Participate in decision-making that affects them through established channels.

   g) Protection of their health and physical integrity.

   h) Protection of their image and privacy.

   i) Protection against harassment and abuse.

   j) Any other rights recognised by the legal system.

Article 4. Specific Framework for Promoting Effective Equality in Sport.

1. Public authorities shall promote effective equality between women and men in the sports sphere.

2. Spanish sports federations and other sports organisations shall implement internal regulations and protocols to ensure equal treatment and non-discrimination.

3. Measures taken must include:

   a) Balanced representation of women in governing bodies.

   b) Equal prize money and economic treatment.

   c) Protection of the rights of pregnant athletes and mothers.

   d) Protocols against sexual harassment and gender-based violence.

Article 5. Reducing the Social and Gender Gap in Physical Activity and Sport.

1. The General State Administration shall develop and implement strategies to reduce the gender gap in sport.

2. These strategies shall be particularly aimed at:

   a) Increasing women’s participation in all areas of sport.

   b) Improving the visibility of women’s sport in the media.

   c) Eliminating stereotypes and barriers that prevent women and girls from practising sport.

Article 6. Persons with Disabilities and Inclusive Sport.

1. Public authorities shall guarantee access to sport for persons with disabilities on equal terms with other persons.

2. Sports federations must integrate athletes with disabilities into their structures when the corresponding international federations have carried out such integration.

3. Sports facilities and equipment must be accessible to persons with disabilities.

Article 7. Minors and Sport.

1. Public authorities shall guarantee the protection of minors in sport.

2. Any form of violence, ill-treatment or exploitation of minors in sports activities is prohibited.

3. Sports organisations must have specific protocols for the protection of minors.

4. Persons convicted of offences against the sexual freedom and integrity of minors are prohibited from holding positions involving work with minors in sport.

5. Professional sports activity by minors is subject to labour regulations on the protection of minors’ work and, in particular, to the provisions of Article 6 of the Workers’ Statute.

TITLE I – Sports Entities

CHAPTER I – Athletes

Article 8. Types of Athletes.

1. Athletes are classified into the following categories:

   a) Professional athletes: persons who regularly receive remuneration for participating in sports competitions, regardless of whether they are employees or self-employed.

   b) Non-professional athletes: persons who engage in sport within a sports organisation without an employment relationship and receive only compensation for expenses related to the sporting activity.

   c) Competition athletes: persons who obtain a licence to participate in competitions of the corresponding federation.

   d) Non-competition athletes: persons who obtain a licence from federations where competition is not the main activity.

   e) Occasional athletes: persons who participate in unofficial competitions or sports events.

Article 9. High-Level Athletes.

High-level athletes are those designated by the State Administration for exceptional sporting achievements and representation of Spain in international competitions of the highest level.

Article 10. High-Performance Athletes.

High-performance athletes are those designated by the Autonomous Communities according to their criteria.

CHAPTER II – Sports Organisations

Article 11. Sports Clubs.

1. Sports clubs are the basic sports organisations created for the practice and promotion of sport.

2. Clubs may have different legal forms in accordance with the legislation.

Article 12. Professional Sports Clubs and Public Limited Companies.

Clubs participating in professional competitions may be organised as sports clubs or as sports public limited companies.

TITLE II – Organisation of Sport

CHAPTER I – General State Administration in the Field of Sport

Article 13. High Council for Sport.

1. The High Council for Sport (Consejo Superior de Deportes, CSD) is an autonomous body of the General State Administration responsible for planning, promoting and coordinating sporting activities under State competence.

2. The powers of the High Council for Sport include:

   a) Coordination with the competent bodies of the Autonomous Communities.

   b) Sanctioning and supervision of Spanish sports federations.

   c) Recognition of high-level athletes.

   d) Control of sports subsidies.

   e) Fight against doping.

   f) Supervision of the integrity of sports competitions.

   g) Promotion of equality and inclusion in sport.

Article 14. President of the High Council for Sport.

The President of the High Council for Sport is appointed by the Council of Ministers on the proposal of the Minister responsible for sport.

CHAPTER II – Spanish Sports Federations

Article 15. Legal Nature and Functions.

1. Spanish sports federations are private organisations with legal personality and their own assets, which exercise, in addition to their own powers, public functions delegated by the State.

2. Delegated public functions include:

   a) The organisation and sanctioning of official national competitions.

   b) The issuance of sports licences.

   c) The exercise of disciplinary powers.

   d) The preparation and formation of national teams.

Article 16. Federation Statutes.

The statutes of Spanish sports federations are subject to approval by the High Council for Sport and must include provisions on:

a) Democratic organisation and management.

b) Equal representation of women and men.

c) Protection of athletes’ rights.

d) Transparency and accountability.

TITLE III – High-Level and High-Performance Sport

Article 17. High-Level Sport.

1. High-level sport is a matter of public interest.

2. The State supports high-level athletes through:

   a) High Performance Centres (CAR).

   b) Specialised Training Centres (CTD).

   c) Scholarships and grants.

   d) Social protection measures.

Article 18. Training Programmes.

The High Council for Sport coordinates training programmes for Spanish national teams in collaboration with the relevant federations.

TITLE IV – Spanish Sports Federations

CHAPTER I – General Provisions

Article 19. Autonomy of Federations.

Spanish sports federations operate autonomously within the limits established by law, under the supervision of the High Council for Sport.

Article 20. Governance of Federations.

1. The governing bodies of federations are:

   a) The General Assembly.

   b) The President.

   c) The Executive Committee.

2. Governing bodies must ensure balanced representation of women and men.

CHAPTER II – Economic Control

Article 21. Financial Supervision.

The High Council for Sport exercises economic, financial and administrative control over Spanish sports federations.

TITLE V – Professional Sport

Article 22. Professional Competitions.

1. Professional competitions are those in which the majority of participants are professional athletes.

2. Both sports clubs and sports public limited companies may participate in professional competitions.

Article 23. Professional Leagues.

Professional leagues with their own legal personality are created to organise and conduct professional competitions.

Article 24. Athletes’ Rights in Professional Sport.

Professional athletes have the right to:

a) Fair remuneration.

b) Safe working conditions.

c) Social protection.

d) The right to organise and collective bargaining.

TITLE VI – Integrity in Sport

CHAPTER I – Fight Against Doping

Article 25. Anti-Doping Policy.

1. The use of prohibited substances and methods in sport is prohibited.

2. Spain complies with the World Anti-Doping Code and WADA international standards.

Article 26. Spanish Agency for Health Protection in Sport.

The Spanish Agency for Health Protection in Sport (AEPSAD) is the body responsible for anti-doping control and the protection of athletes’ health.

CHAPTER II – Combating Violence in Sport

Article 27. Violence Prevention.

1. Any form of violence, racism, xenophobia and intolerance in sport is prohibited.

2. Sports organisations must implement protocols for the prevention of and response to violence.

Article 28. Sanctions for Violence.

Administrative and disciplinary sanctions are provided for acts of violence in sport in accordance with the legislation.

CHAPTER III – Integrity of Competitions

Article 29. Match-Fixing.

1. Match-fixing in sports competitions is prohibited.

2. Sports organisations must cooperate with authorities in detecting and preventing manipulation.

TITLE VII – Resolution of Sports Disputes

Article 30. Administrative Tribunal for Sport.

1. The Administrative Tribunal for Sport (Tribunal Administrativo del Deporte, TAD) is the body that hears sports disputes of an administrative nature.

2. The TAD’s competences include:

   a) Appeals against federation decisions in disciplinary matters.

   b) Disputes concerning elections in federations.

   c) Other disputes provided for by law.

Article 31. Sports Arbitration.

Sports disputes of a private nature may be resolved through arbitration in accordance with arbitration legislation.

ADDITIONAL PROVISIONS

First Additional Provision. Spanish Olympic Committee.

The Spanish Olympic Committee is an association with its own legal personality that carries out its activities in accordance with the principles of the Olympic Charter.

Second Additional Provision. Spanish Paralympic Committee.

The Spanish Paralympic Committee is responsible for the coordination and representation of the Paralympic movement in Spain.

Third Additional Provision. Sport in Rural Areas.

The General State Administration shall promote the development of sport in rural areas as a factor of territorial cohesion.

Fourth Additional Provision. “CHALLENGE” Programme.

The “CHALLENGE” Programme (2023-2025) is implemented to support the development of sport in rural areas.

FINAL PROVISIONS

First Final Provision. Development of the Act.

The Government, within its powers, shall issue the regulatory provisions necessary for the development and application of this Act.

Second Final Provision. Entry into Force.

This Act enters into force on 1 January 2023.

Full text available at BOE