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Decree No. 2002 - 761 2 May 2002 Taken For The Purposes Of Article 17 Of Act No. 84-610 Of 16 July 1984 And Laying Down Conditions Allocation And Withdrawal Of A Delegation To The Sports Federations

Original Language Title: Décret n° 2002-761 du 2 mai 2002 pris pour l'application de l'article 17 de la loi n° 84-610 du 16 juillet 1984 et fixant les conditions d'attribution et de retrait d'une délégation aux fédérations sportives

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Summary

Application of the Act 2000-321 of the 12 April 2000, in particular Articles 21 and 23.L'article 17 of Law 84-610 of 16 July 1984 on the development and promotion of physical and sports activities in its drafting resulting from Law 2000-627 of 6 July 2000 Provides that a decree of application lays down the conditions for the allocation and withdrawal of the delegation granted by the Minister responsible for sports to the sports federations. This decree therefore lists the main obligations that are Held the federations in order to obtain the delegation: - they must be approved; - they must organise the practice of a single discipline or related disciplines;. - they must attach to their statutes the specific regulation relating to the The functioning of professional leagues established, where appropriate, within them-they must have an internal regulation providing for the establishment of a formal calendar of competitions and the organisation of medical supervision of the The decree provides that the delegation shall be granted for a period of four years on the Olympic summer or winter games. As for the withdrawal of the delegation, it shall be fully entitled if the approval of the sports federation is Removed. It also intervenes, in the event of non-compliance with any of the above mentioned obligations, for infringement of public order or public morality and for any reason justified by the general interest in the promotion and development of In addition, the decree specifies the various technical and sporting rules to be laid down by the delegated federations. Finally, the proposed text includes transitional provisions which maintain the delegations so far granted until a new delegation is granted, which must take place no later than 31 December 2003. Such a provision is taken in harmony with that contained in the decree made pursuant to Article 16 of the aforementioned Law of 16 July 1984 concerning the statutes of the sports federations. Repeal of Decree 85-238 of 13-02-1985 The provisions of this Decree shall apply to Mayotte.

Keywords

YOUTH, SPORTS, PHYSICAL EDUCATION, SPORTIVE EDUCATION , SPORTS COMPETITION, TOP-LEVEL SPORT, HIGH LEVEL SPORT, SPORTS FEDERATION, DELEGATION , SPORT DISCIPLINE, GRANT, DURATION, PROFESSIONAL LEAGUE, INTERIEUR REGULATION , REGLE TECHNIQUE, REGLE SPORTIVE, FEDERATION DELEGATORY, EXTENSION, OVERSEAS, MAYOTTE

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JORF No. 104 of May 4, 2002 page 8534
Text N ° 242



Order N ° 2002-761 of 2 May 2002 for the application of Article 17 of Law No. 84-610 of 16 July 1984 laying down the conditions for the allocation and withdrawal of a delegation to sports federations

NOR: MJSK0270015D ELI: https://www.legifrance.gouv.fr/eli/decret/2002/5/2/MJSK0270015D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2002/5/2/2002-761/jo/texte


The Prime Minister,
On the report of the Minister of Youth and Sport,
Given the code of public health, including Book VI of its third Part;
Due to the Act of 1 July 1901 as amended relating to the association contract;
In view of Act No. 84-610 of 16 July 1984 on the organisation and promotion of physical and sporting activities, in particular Article 17 thereof;
In view of Act No. 2000-321 of 12 April 2000 on the rights of citizens in their relations with administrations, in particular Articles 21 and 23 thereof;
In view of the opinions of the Council on Prevention and Anti-Doping of 17 September 2001 And 13 March 2002;
In view of the opinions of the National Council of Physical and Sports Activities as of 10 October 2001 and 4 April 2002;
In view of the opinion of 14 March 2002 of the French National Olympic and Sports Committee;
The Council of State (interior section) heard,
Clipping:

Item 1
The delegation provided for in Article 17 of the Law of 16 July 1984 referred to above shall be granted, by order of the Minister responsible for sports, to a single federation by sporting discipline. This federation must have been established to organise the practice of a single sport discipline or related disciplines and, prior to the granting of the delegation, approved in accordance with Article 16 of the same Law.

Item 2 Read more about this Article ...


When a federation has established a professional league in application of the provisions of Article 17 of the aforementioned Law of 16 July 1984, it must, in order to benefit from a Delegation, annex to its statutes a specific regulation which determines the competences and composition of the league and the rules and procedures for the appointment of its members. The special regulation must allow the majority of the members of the league to be elected directly by the associations mentioned in Article 7 of the aforementioned Law of 16 July 1984 and by professional sportsmen.

Item 3 Learn more about this Article ...


In order for a sports federation to benefit from a delegation, its rules of procedure must include:
(a) The publication, before the start of the sporting season, of a formal calendar of competitions Which it organises or permits, providing athletes with the recovery time necessary for the protection of their health;
(b) The organisation of specific medical surveillance of its licensees on the list of top-level athletes Referred to in Article 26 of the aforementioned Law of 16 July 1984 and of its licensees registered in high performance sport access channels.

Article 4 Learn more about This article ...


The decree of the minister responsible for sports granting delegation is taken after the opinion of the French National Olympic and Sport Committee and published in the Official Journal of the French Republic.

Article 5 Learn more about this Article ...


The delegation is granted for a current period until December 31 of the year in which the Summer Olympic Games take place.
However, when it comes to sporting disciplines listed in the Programme of the Olympic Winter Games or those which, without being included in the programme of the Olympic Games, are carried out mainly in winter, the duration of the delegation shall be fixed by reference to the date of the Olympic Winter
. Of the period set out in the preceding paragraphs, the delegation shall cease to be fully entitled.
Requests for delegation or renewal of delegations must be made before September 30 of the year in which the games are held. Olympic Games of interest.

Article 6 Read more about this Article ...


The Minister responsible for sports may refuse the delegation for one of the following reasons:
(a) Failure to comply with any of the conditions laid down in Articles 2 and 3;
(b) Non-observance of the general interest which Focuses on the promotion and development of physical and sporting activities;
(c) In the event that the sports federation was already a holder of a delegation, a failure during the duration of the delegation, the conditions under which Subordinate its grant.

Article 7 Read more about this Article ...


Delegation ceases to be full in the event of a withdrawal of the accreditation given to a sports federation. This situation is established by the Minister responsible for sports, whose extract is inserted in the Official Journal of the French Republic.

Article 8 Learn more about this Article ...


The delegation may be withdrawn by the Minister responsible for sports, after the opinion of the French National Olympic and Sport Committee:
1 ° Where the sports federation concerned no longer justifies the Conditions referred to in Articles 2 and 3;
2 ° In the event of non-compliance by the Federation with the provisions of Article 18 (4) of the aforementioned Law of 16 July 1984 setting out the conditions for information on the conduct of demonstrations Sports;
3 ° For an infringement of public order or public morality;
4 ° For a reason justified by the general interest in the promotion and development of physical and sporting activities.
The beneficiary federation The delegation shall be informed of the reasons for the withdrawal and the submission of written or oral observations.
The delegation shall be withdrawn by reasoned order, an extract of which shall be inserted in the Official Journal of the French Republic.

Article 9 Read more about this Article ...


The technical rules enacted by the sports federations that have received delegation include:
1 ° The rules of the game applicable to the sports discipline concerned;
2 ° The rules for establishing a National, regional, departmental or other classification of athletes, individually or by team;
3 ° The rules for the organisation and conduct of competitions or events leading to such classification;
4 ° Access rules and Participation of athletes, individually or by team, in these competitions and events.

Article 10 Read more about this Article ...


Any delegation granted to a sports federation by the Minister of Youth and Sports before the publication of this Decree shall be maintained until the granting of a new delegation for the same discipline Which must be done by 31 December 2003 at the latest.

Article 11
Decree No. 85-238 of 13 February 1985 laying down the conditions for the allocation and withdrawal of the delegation provided for in Article 17 of Act No. 84-610 of 16 July 1984 on the organisation and promotion of Physical and sports activities is repealed.

Article 12
The provisions of this Decree shall apply to Mayotte.

Article 13 Read more about this Article ...


The Minister of the Interior, the Minister for Youth and Sport and the Secretary of State for Overseas shall each have responsibility for the execution of this Decree, each of which shall be published in the Journal Official of the French Republic.


Done at Paris, May 2, 2002.


Lionel Jospin


By the Prime Minister:


The Minister of Youth and Sport,

Marie-George Buffet

The Minister of the Interior,

Daniel Vaillant

The Secretary of State for Overseas,

Christian Paul


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