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Spain

Director Técnico Deportivo (Spain)


  • Proportionality information

    1. Have you examined whether the requirements under your national legal system are
    directly or indirectly discriminatory on the basis of nationality or residence?
       

    According to the Spanish legislation there is no special direct or indirect requirement for these professionals in terms of nationality or residence. Any holder of any of the qualifications associated to this profession can practise it.


    2. Which of the following overriding reasons relating to the general interest justifies the measure(s)?
         
    • Public health
    •    
    • Protection of consumers and recipients of services

    3. What specific risks or benefits have you identified that your measure(s) is designed to, respectively, minimise or maximise?

       Please try to be specific in describing the nature of the risks/benefits you have identified
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. Wherever possible please include evidence.

       

    The benefits identified in order to regulate the profession of “Director Técnico Deportivo” (Sports Technical Director) in the autonomous region of Catalonia are related to the increasing interest in sports and to the strong influence of sports activities on the health and safety of those who do them. There are people who, lacking knowledge and qualifications, offer professional services in this field, which leads to putting the health and safety of others at risk. It is thus required to respond to a social need so that the different professional activities dealing with sports in Catalonia * are carried out by people with a minimum training in this field. Moreover, the quality of the Catalan sports system is also strongly linked to this progressive integration of properly qualified professionals.

    On the other hand, sports activities are part of a wide range of sectors such as leisure, recreation, education, health or tourism, which has caused the appearance of numerous jobs related to sports that must offer good quality services.

    * On April 2015 Extremadura and La Rioja have enacted laws on regulation of Sport Professions   


    4. How specifically do your measures operate to minimise the risk(s) or maximise the benefit(s) identified in question 3?

       When addressing this question please try to explain how the measures prevent the risks or guarantee the benefits.
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. Wherever possible please include evidence.

       

    The health and safety of sportspeople and users of sports activities will be improved. Besides, the number of accidents related to sports practice will be reduced and there will be better results in sports where the “Director Técnico Deportivo” (Sports Technical Director) is a professional.


    5. In so far as you are able, please provide information that you have gathered regarding the concrete effects of the measure(s).

       For example, through impact assessments or information gathered during implementation or review of a measure. Member States who have recently undergone reforms may in particular be able to contribute helpfully to this field. Where you are able to provide cost-benefit analyses this would be particularly valuable.
       Information on whether the measures indeed successfully prevented risks from being realised (e.g. the number of sanctions imposed, a drop in transgressions since the measure was introduced or consequences from previous modifications of the regulation) would equally be helpful.
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. You may also wish to include evidence on consumer satisfaction or other measurements of the impact.

       

    At present there are no measures to assess the impact of the regulation of the profession of “Director Técnico Deportivo” (Sports Technical Director) on people’s health and safety, on the quality of the sports system or on the leisure and sports industry.


    6. Is the general interest objective you indicated in question 2 pursued in a consistent and systematic manner?.

       In approaching your response to this question please consider examples where you have addressed similar risks for comparable professions, not necessarily within the same sector. Is the approach you have adopted in this particular profession comparable or distinct from such similar cases and why?

       

    In terms of people’s health and safety, as is the case with the interest in patients’ health in the healthcare sector, in this case it is the health of sportspeople or users of sports services what is to be protected.


    7. Please explain in how far the degree of complexity or the nature of the activities
    which are reserved justify that these activities can be exclusively performed by professionals possessing a specific professional qualification?

       For example: when the tasks are essentially of a straightforward nature (such as preparing and printing pay slips etc.), or involve essentially the execution of instructions, specific professional aptitudes should not be required.

       

    The activities related to the sports sector must be carried out by professionals who have been properly trained and are able to apply specific sports science knowledge and techniques, depending on the professional’s profile and personal, social and professional competencies which are only associated to a specific accredited training level. There is not an exclusive training path but several training modalities related to physical activity and sport.

    In many cases highly skilled training is required for performing tasks such as exercise prescription, specific training methodologies, customer/user/sportsperson service, or nature guiding.


    8. Where you have indicated several measures in place in the screening tab,
    have you reviewed the cumulative effect of all these measures on professional activities?

       If not, why not?
       If yes, please outline for us how you approached assessing this issue as well as the results and conclusions or any learning you drew from this. Where possible please include evidence.

       

    Measures have not been tested yet since the regulation of the profession in the scope of the regional governments has been recently introduced. 


    9. Have you considered the use of alternative mechanisms to achieve your objective(s)?
         
    • Open certain reserved activities to neighbouring professions

       Please briefly explain. Where you have selected more than one option, please be sure to address each of these in your response.

       No further comments

    10. Conclusion

       Following your internal examination of this regulated profession, which of the following have you concluded?

    •    Improve current system (simplify guidance, remove burdensome aspects etc.)

       Explain where relevant:

       No further comments

    11. Any other comments?
       No additional comments
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