Key Benefits:
The President of the Republic,
On the First Report Minister and the Minister of Youth, Sports and Associative Life,
Given the Constitution, including section 38;
Given the code of the defence;
Given the code of education;
Given the code of the environment;
Given the code Forestry;
Given the general code of territorial communities;
Given the general tax code;
Due to the code of administrative justice;
Due to the code of public health;
Given the labour code;
Given the code of town planning ;
Given Law No. 86-1067 of 30 September 1986 on freedom of communication;
In view of Law No. 2004-1343 of 9 December 2004 on the simplification of the law, in particular Article 84;
In view of Act No. 2006-405 of 5 April 2006 on The fight against doping and the protection of the health of athletes;
In view of the opinion of the Senior Codification Commission of 28 June 2005;
The Council of State heard;
The Council of Ministers heard,
Ordonne:
The provisions of the legislative part of the code of sport that cite by reproducing articles from other codes or other pieces of legislation are fully amended by the effect of the amendments Subsequent to these items.
I. -References to the legislative provisions repealed by this Ordinance are replaced by references to the corresponding provisions of the Code of
. -In accordance with the rule defined in the I, the following changes shall be made in particular:
1 ° To 3 ° of Article L. 2336-1 of the Defence Code, the words: Article 17 of Law No. 84-610 of 16 July 1984 on the organisation and promotion of physical and sporting activities " Are replaced by the words: " Article L. 131-14 of the Code of Sport " ;
2 ° In the first paragraph of Article L. 364-1 of the Environment Code, the words: Article 19-II of Law No. 84-610 of 16 July 1984 on the organisation and promotion of the following physical and sports activities partially reproduced " Are replaced by the words: " Article L. 311-10 of the Code of Sport reproduced below ;
3 ° In the second paragraph of article L. 380-1 of the forestry code and in the tenth paragraph of article L. 142-2 of the code of town planning, the words: " In Article 50-2 of Law No. 84-610 of 16 July 1984 on the organisation and promotion of physical and sporting activities " Are replaced by the words: " In Book III of the Code of Sport " ;
4 ° 2 ° of Article L. 1525-1 of the General Code of Territorial Communities, the words: Established pursuant to Articles 11 to 14 of Act No. 84-610 of 16 July 1984 on the organisation and promotion of physical and sporting activities " Are replaced by the words: " Referred to in Article L. 122-12 of the Code of Sport " ;
5 ° The second sentence of the eighth paragraph of Article 200 of the General Tax Code is replaced by the following sentence: " These provisions apply to costs incurred as of July 9, 2000." ;
6 ° In the second paragraph of Article 302 bis ZE of the general tax code, the words: Articles 7, 11, 16 or 18 of Law No. 84-610 of 16 July 1984 on the organisation and promotion of physical and sporting activities " Are replaced by the words: " In Articles L. 121-1, L. 122-2, L. 122-12, L. 131-1 or L. 331-5 of the Code of Sport " ;
7 ° In the 3rd of the a of Article 1561 of the General Tax Code, the words: Article 11 of Law No. 84-610 of 16 July 1984 on the organisation and promotion of physical and sporting activities " Are replaced by the words: " Article L. 122-1 of the Code of Sport " ;
8 ° In 5 ° of section 1562 of the general tax code, the words: " By the sports bodies and sports companies referred to in Article 11 of Act No. 84-610 of 16 July 1984 as amended relating to the organisation and promotion of physical and sporting activities " Are replaced by the words: " Sports associations and sports companies referred to in Article L. 122-1 of the Code of Sport " ;
9 ° Article L. 554-8 of the Administrative Justice Code reads as follows:
" Art. L. 554-8. -The decision to suspend acts adopted pursuant to the delegation referred to in Article L. 131-14 of the Code of Sport shall comply with the rules laid down in Article L. 131-22 of the same code reproduced
: Art. L. 131-22. -Where the Minister responsible for sports defers to the administrative court the acts taken under the delegation referred to in Article L. 131-16 which he considers to be contrary to the law, he may attach a request for suspension
" That application shall be granted if one of the grounds on which it is invoked appears, in the statement of instruction, to create a serious doubt as to the legality of the contested
. It shall be decided on that request within one month." ;
10 ° Article L. 311-4 of the Administrative Justice Code reads as follows:
" 8 ° Articles L. 232-24 and L. 241-8 of the Code of Sport. ;
11 ° In the second paragraph of Article L. 310-2 and in the fourth paragraph of Article L. 312-1 of the Labour Code, the words: Article 15-2 of Law No. 84-610 of 16 July 1984 on the organisation and promotion of physical and sporting activities " Are replaced by the words: " Article L. 222-6 of the Code of Sport " ;
12 ° In the second paragraph of Article L. 130-5 of the code of town planning, the words: Title III of Act No. 84-610 of 16 July 1984 on the organisation and promotion of physical and sporting activities " Are replaced by the words: " Title I of Book III of the Code of Sport " ;
13 ° In the tenth paragraph of Article L. 142-2 of the urbanism code, the words: Article 50-2 of Law No. 84-610 of 16 July 1984 on the organisation and promotion of physical and sporting activities " Are replaced by the words: " In Book III of the Code of Sport ".
The education code is modified as follows:
1 ° The second sentence of Article L. 312-1 is repealed;
2 ° Article L. 363-1 is replaced by the following:
" Art. L. 363-1. -The rules governing the teaching, facilitation or supervision of physical and sporting activities shall be defined in Title I of Book II of the Code of Sport. ' ;
3 ° Articles L. 363-1-1 to L. 363-4 are repealed;
4 ° Article L. 463-1 is replaced by the following:
" Art. L. 463-1. -The rules on training establishments for the professions of physical and sporting activities shall be defined in Chapter I of Title I of Book II and Chapter II of Title II of Book III of the Code of Sport. ' ;
5 ° Articles L. 463-2 to L. 463-7 are repealed;
6 ° A l' article L. 552-4, the words: " Are governed by Act No. 84-610 of 16 July 1984 on the organisation and promotion of physical and sporting activities " Are replaced by: " Are subject to the provisions of the Code of Sport " ;
7 ° Inserted article L. 632-1-1:
" Art. L. 632-1-1. -As provided for in Article L. 231-1 of the Code of Sport, the second cycle of medical studies contains the initial training necessary for the practice of medical examinations." ;
8 ° A l' article L. 841-4, the words: " Are governed by the provisions of Act No. 84-610 of 16 July 1984 on the organisation and promotion of physical and sporting activities " Are replaced by: " Are subject to the provisions of the Code of Sport ".
The third part of the code of public health is thus amended:
1 ° Subject to the provisions of Article 8, are repealed as from the date set out in the I of Article 25 of the Law of 5 April 2006 Above:
(a) Book VI;
(b) In Book VIII, Chapter VII of Title I and IV of Title II;
2 ° A the antpenultimate paragraph of Article L. 3335-4, the words: Sports groups approved under the conditions laid down by Law No. 84-610 of 16 July 1984 referred to above. Are replaced by the words: " Sports associations approved in accordance with Article L. 121-4 of the Code of Sport ", and the words: For each of the said groupings " Are replaced by the words: " For each of those associations " ;
3 ° Book V is thus entitled: Fight against smoking and the fight against doping " ;
4 ° The unique title of book V becomes Title I and is entitled: Tobacco Control " ;
5 ° It is inserted in book V a Title II thus written:
"TITLE II
" FIGHT AGAINST DOPING
" Chapter Unique
" Art. L. 3525-1. -The provisions on the fight against doping, taken in the interests of the health of sportsmen and women, are included in Title III of Book II of the Code of Sport. ;
6 ° A l' article L. 3816-1, the words: " Unique title " Are replaced by the words: " Title I ".
The following provisions are inserted after the first sentence of Article 48 of the aforementioned Law of 30 September 1986:
" This specification contains provisions for the promotion of the protection of the health of athletes and the fight against doping. "
Are repealed, subject to the provisions of Article 8:
1 ° Chapter V of Title VIII of Book VII of the Labour Code;
2 ° The second paragraph of Article 5 of the Decree-Law of 9 January 1852 on The exercise of maritime fishing;
3 ° Act No. 84-610 of 6 July 1984 on the organisation and promotion of physical and sporting activities;
4 ° I of Article 34 of Act No. 92-652 of 13 July 1992 amending Act No. 84-610 Of 16 July 1984 on the organisation and promotion of physical and sporting activities and carrying out various provisions relating to these activities;
5 ° Article 21-1 of Act No. 95-115 of 4 February 1995 on development policy And the development of the territory;
6 ° Article 29 of Law No. 99-223 of 23 March 1999 on the protection of the health of athletes and the fight against doping;
7 ° Article 26 of Law No. 2000-627 of 6 July 2000 amending the law N ° 84-610 of 6 July 1984 on the organisation and promotion of physical and sporting activities;
8 ° Articles 10 and 11 of Act No. 2003-708 of 1 August 2003 on the organisation and promotion of physical activities and Sporting.
The following texts are repealed from the entry into force of the Code of Sport:
I. The second paragraph of Article L. 3611-1 and the first two sentences of the Article L. 3612-2-1 Public Health Code.
II. -The second sentence of the first subparagraph, the second to sixth subparagraphs and the eighth paragraph of Article L. 3612-3 of the Public Health
. -The II of article L. 463-2 of the code of
. -In Law No. 84-610 of 16 July 1984, supra:
1 ° The fourth sentence of the first subparagraph of Article 15-2;
2 ° The ninth paragraph of Article 16;
3 ° The fifth paragraph of Article 17;
4 ° The third paragraph of the Article 17-1;
5 ° The fourth paragraph of Article 17-2;
6 ° The second subparagraph and the second sentence of the third paragraph of Article 18;
7 ° The fourth to seventh, twelfth to sixteenth and eighteenth paragraphs of Article 19;
8 ° The Second paragraph of Article 31;
9 ° Article 33;
10 ° The first to eighth paragraphs and the second sentence of the eleventh paragraph of Article 42-1, as well as the provisions of the ninth paragraph of the same Article, as they fix the time limit for the
second to eighth paragraphs of Article 50-2.
V.-The sixth paragraph of Article 21-1 of Law No. 95-115 of 4 February 1995.
For the application of Article L. 212-1 of the Code of Sport, and in the period before the entry of diplomas, titles for professional purposes or Certificates of qualification on the list referred to in III of that article, which may not exceed 30 August 2007, remain in force the provisions resulting from the first three paragraphs of Article 43 of Law No. 84-610 of 16 July 1984 on The organisation and promotion of physical and sporting activities, in their drafting after Article 24 of Act No. 92-652 of 13 July 1992 amending Act No. 84-610 of 16 July 1984 on the organisation and promotion of activities The following: physical and sports, and various provisions related to these activities:
" No person shall teach, supervise or facilitate remuneration for any physical or sporting activity, as a primary or secondary occupation, on a regular, seasonal or occasional basis, or take the title of teacher, instructor, educator, A coach or any other similar title, if he has a registered diploma, according to the level of training to which he corresponds and the professions to which he gives access, on a list of certification of diplomas of physical activities and Sports.
" The entry on this list of diplomas awarded by the State and of French or foreign diplomas admitted in equivalence is of law.
" A decree in the Council of State lays down the conditions for the registration of diplomas awarded, in particular by the sports federations, on the basis of training recognised by the State after the opinion of a committee consisting of Representatives of the administration, the sports movement and the professions concerned. Only diplomas corresponding to a vocational qualification which is not covered by a state diploma can be registered. "
This order shall apply to Mayotte, Saint-Pierre-et-Miquelon, Wallis and Futuna Islands, French Polynesia and New Caledonia, with the exception of the repeals listed in Articles 3, 4, 5, 7 and 8 dealing with provisions that fall within the jurisdiction of these communities on the date of publication of this order.
The Prime Minister, the Overseas Minister and the Minister for Youth, Sports and Life Of the application of this Ordinance, which shall be published in the Official Journal of the French Republic.
SPORT CODE
Physical and sports activities are an important part of education, culture, integration and social life.
Contribute to the fight against school failure and the reduction of social and cultural inequalities, as well as to health.
The promotion and development of physical and sporting activities for all, in particular for people Disabled, are of general interest.
The State, the local authorities and their groups, the Associations, sports federations, enterprises and their social institutions contribute to the promotion and development of physical and sporting activities.
State and sports associations and federations ensure development High performance sport, with the support of local authorities, their groups and interested companies.
The organization and development of physical and sports activities in specialized facilities and businesses that accommodate persons with disabilities are adapted to the circumstances of these individuals.
Athletes in gainful employment benefit from the provisions of Article L. 212-4-16 of the Code The job, reproduced below:
" Art. L. 212-4-16. -Any employee may, taking into account the possibilities of the undertaking, benefit from adjustments to his working hours for the regular and controlled practice of a sport.
I. -The State shall ensure or control, in liaison with all interested parties, the organisation of training leading to the various professions in the physical and sporting activities and the granting of the corresponding
. Training of sports administrators specialised in the physical and sports activities of persons with disabilities.
II. -The State exercises the supervision of the sports federations.
It ensures compliance with the laws and regulations in force by the sports
. -It may conclude agreements with the local authorities on specific competitions in the field of physical and sporting activities, in accordance with the conditions laid down in Article 7 of Act No. 92-125 of 6 February 1992 The territorial administration of the Republic.
The scheme for the collective services of sport, drawn up in accordance with To Articles 2 and 10 of Act No. 95-115 of 4 February 1995 for the development and development of the territory, defines the objectives of the State to develop access to services, equipment, spaces, sites and routes Relating to sports practices throughout the national territory, consistent with the scheme of collective services for natural and rural areas, and to promote the social integration of citizens.
To this end it identifies territories And assesses all necessary means by taking into account the evolution of practices and training needs.
It coordinates the implementation of national and international sports hubs and guides the implementation In place of services and structural equipment. It provides a framework for the better use of public resources and sports equipment.
It promotes the coordination of the various public services involved in the development of sports practices in relation to the Local, economic, tourism and cultural development policies.
It provides information to the public on sports services, equipment and practices based on existing networks and the use of new technologies. Information and communication.
Contracts between the State, interested territorial authorities and sports associations receiving state subsidies take into account the objectives of the scheme.
In addition to officers and police officers acting in accordance with the provisions of the Code of Criminal Procedure, the Officials of the Minister responsible for sports authorised to that effect by the same minister and sworn in under conditions laid down by decree in the Council of State may seek and record by trial the offences provided for by the Provisions of this Code with the exception of those referred to in Articles L. 232-11, L. 241-5 and L. 322-8.
Staff members of the Minister responsible for sports referred to in the first subparagraph may access the institutions mentioned in the Article L. 322-2 to search for and record infringements, to request the communication of any professional document and to make a copy thereof, to collect, upon convocation or on the premises, the information and rationales. Public servants can only access these facilities during their business hours to the public and, if they are not open to the public, between 8 a.m. and 8 p.m. They shall not have access to the premises which serve as part of their domicile.
The Public Prosecutor shall be informed beforehand by the officials referred to in the second paragraph of the operations envisaged for the purpose of searching for the Offences.
The minutes shall be authentic until proven otherwise and shall be transmitted to the public prosecutor within five days after their establishment. A copy shall also be given to the person concerned.
The fact of objing, in any way, to the performance of the duties of the officers referred to in this Article shall be punishable by EUR 7 500 in fines and one year Imprisonment.
Communities Or their associations may not grant loan guarantees or their guarantees to the sports associations and public limited-liability companies referred to in Articles L. 121-1 and L. 122-2.
However, the territorial authorities or their Groups may grant their guarantee to loans contracted for the acquisition of equipment or for the production of sports equipment by sports associations whose annual revenue amounts do not exceed EUR 75 000.
For missions of general interest, sports associations or sports companies can receive grants Public. These grants are the subject of past agreements, on the one hand, between local authorities, their groups and public institutions for inter-communal cooperation and, on the other, sports associations or companies
A decree in the State Council determines the conditions under which these subsidies are paid and sets the maximum amount of these grants.
The sums paid by local authorities or their groupings to sports companies in the execution of service contracts, or any convention of which The object does not fall within the scope of the missions of general interest referred to in Article L. 113-2, may not exceed an amount fixed by decree
Public interest groups with legal personality and financial autonomy may be established either between legal persons Public law, or between one or more of them and one or more legal persons governed by private law, to carry out activities of common interest in the field of sport for a specified period of
.
provisions of Articles L. 341-1 to L. 341-4 of the Research Code shall apply to the groupings provided for in this Article
Sports associations shall be constituted in accordance with the provisions of the Act of 1 July 1901 relating to the association contract or, where they have their registered office in the departments of Bas-Rhin, of the Haut-Rhin and Moselle, in accordance with the local civil code.
School sports associations and Shall be subject to the provisions of this Code and to books V and VIII of the Education Code.
Sports associations which promote and organise physical and sporting activities for persons with disabilities may, subject to the approval referred to in Article L. 121-4, benefit from public aid, Sporting activities, access to sports facilities, organisation of competitions, training of sports educators and adaptation of transport.
Sports associations, particularly schools, academics and Business are open to people with disabilities.
Sports associations are not eligible for assistance The
shall be based in particular on the existence of statutory provisions guaranteeing the democratic functioning of the association, the transparency of its management and the equal access of women and The
authority may decide to withdraw the approval of a sports association if it employs persons who do not fulfil the obligations of Articles L. 212-1, L. 212-2 and L. 212-9 or if it Disregards the obligations of Articles L. 322-1 and L. 322-2.
The conditions for approval and revocation are determined by decree in the Council of State.
Leaders of a sports association, licensed by an approved federation, who, on a volunteer basis, perform management and coaching functions In their federation or an association affiliated with it may be granted leave, under the conditions laid down in Article L. 931-1 of the Labour Code, in order to follow the training related to their function as volunteers
In public administrations and institutions, The organisation and management of physical and sporting activities may be entrusted to one or more sports associations to which the staff participate in the framework of Article 9 of Law No. 83-634 of 13 July 1983 on rights and Obligations of civil servants.
In the institutions referred to in Article L. 431-1 of the Labour Code and in The framework of social and cultural activities provided for in Article L. 432-8 of the same Code, the works council shall ensure or control the management of physical or sporting activities. As such, it may decide to contribute to the financing of these activities in order to promote their development.
The organisation of physical and sporting activities is organised by a business association or a joint venture with several companies. This association shall be constituted in accordance with Article L. 121-1 of this Code and Article L. 432-8 of the Labour Code.
The works council and the sports association shall annually agree on the objectives pursued and the means allocated To their realization.
In the absence of an enterprise committee, the tasks referred to in Articles L. 121-7 and L. 121-8 are provided by the staff delegates in conjunction with the head of enterprise, pursuant to Article L. 422-5 of the Labour Code
Any sports association affiliated with a sports federation, which normally participates in The organisation of paying sporting events which provide it with revenue of more than a threshold fixed by decree in the Council of State or which employs athletes whose total remuneration exceeds a figure fixed by decree in Council of State shall constitute for the management of such activities a commercial company subject to the trade code.
A sports association whose amount of revenue and the amount of remuneration referred to in the first subparagraph shall be lower than Thresholds referred to in the same paragraph may also constitute a sports society for the management of its paying activities, under the conditions laid down in this section.
The sports company takes the form:
1 ° Or a limited liability company that includes only one partner, named one-person sports company with responsibility Limited;
2 ° Either an anonymous company with a sporting object;
3 ° or an anonymous professional sports company.
The status of companies formed by sports associations are in accordance with standard statutes defined by decree in the Council of State.
Any sporting association that meets one or more of the criteria of the first subparagraph of Article L. 122-1 shall constitute a sports society within one year from the date on which it satisfies the This condition.
Any sporting association that does not comply with the provisions of the first paragraph is excluded from competitions organised by the sports federations.
The capital of the limited-liability company is composed of registered shares.
The elected members of the governing bodies of this company cannot receive any Compensation for their duties. Reimbursement of expenses is authorized, based on justification.
Sports association must hold at least one third Of social capital and voting rights at the general meeting of the public limited-liability company which it has created.
Except in the case of succession or liquidation of a community of property between spouses, the administrative authority may object to all Assignment of securities giving a right to vote or giving access to the capital of an anonymous company whose conditions or effects would be contrary to the provisions of this section.
It is forbidden for the same private person to hold the control, within the meaning of Article L. 233-16 of the Commercial Code, of more than one sports company The social object is subject to the same sporting discipline.
The public limited-liability companies referred to in Article L. 122-2 May not publicly use savings.
No private person carrying securities Giving access to capital or conferring a right to vote in a sports society:
1 ° consent to a loan to another sports society if its social object is subject to the same sporting discipline;
2 ° De se bail en faveur
natural person, as well as the president, director or director of a corporation, who has contravened the provisions of this section, shall be liable to a fine EUR 45 000 and one year ' imprisonment.
The benefit, within the meaning of Article L. 232-11 of the Commercial Code, of The one-person sports company with limited liability and the limited liability company is assigned to the constitution of reserves which cannot give rise to any distribution.
Sports companies cannot benefit from the aid provided by the provisions of Title I of Book V of the first part of the general code of Territorial communities as well as articles L. 2251-3 and L. 3231-3 of the same code
By way of derogation from the provisions of Article L. 122-2, local sports joint economy companies set up before 29 December 1999 may retain their previous legal arrangements. The provisions of Articles L. 122-3, L. 122-5, L. 122-10 and L. 122-11 shall apply to them.
The rules of The majority participation of the territorial authorities and their groups in the capital of the sports-mixed economy companies are laid down in Articles L. 1522-1 and L. 1525-1 of the General Code of Territorial Communities
Sports association and society That it has constituted their relationship by a convention approved by their respective statutory bodies.
The convention provided for in Article L. 122-14 shall enter into force after its approval by the administrative authority.
It shall be deemed approved if the administrative authority has not communicated its opposition within a time limit of two Months from the date of transmission.
Sports association keeps the provision free of signs Distinctive used by the sports society or assigned to it.
The sports association that constitutes a company Professional sports anonymous is the recipient of the proceedings of the governing bodies of the company.
It may exercise the actions provided for in Articles L. 225-230 to L. 225-232 of the Commercial Code.
When a sports association is subject to the provisions of Book VI of the Code of Trade on Business Difficulties, the Sports Society It shall be jointly and severally liable to execute the safeguard or judicial recovery plan.
A Decree in the Council of State specifies the provisions to be set out in the Convention provided for in Article L. 122-14, in particular the conditions for the use by the company or of assignment to it of the names, marks or other distinctive signs of the Association
The purpose of sports federations is to organize the practice of one or more sports disciplines.
They operate independently.
Sports federations are formed in the form of Associations, in accordance with the law of 1 July 1901 relating to the association contract or, in the departments of the Haut-Rhin, the Bas-Rhin and the Moselle, to the local civil
. The provisions of this Code and of books V and VIII of the code of education.
Sports federations Groups of sports associations.
They can group together as members, under the conditions set out in their statutes:
1 ° The natural persons to whom they issue licenses directly;
2. Profit whose subject matter is the practice of one or more of their disciplines and which they authorise to issue licences;
3. Organizations which, without the practice of one or more of their disciplines, contribute to the Development of one or more of these;
4 ° Sports companies.
With the exception of federations Sports federations are governed by one or more bodies elected by the members of the federation.
The bodies referred to in 2 ° and 3 ° of Article L. 131-3 shall elect representatives in the governing bodies of the sports federation under the conditions laid down in the statutes of that body and Within the following limits:
1 ° The number of representatives of the bodies mentioned in 2 ° of Article L. 131-3 shall be more than 20 % of the total number of members of the governing bodies of the Federation;
2 ° The number of representatives of the Bodies referred to in Article L. 131-3 shall be more than 10 % of the total number of members of the governing bodies of the Federation.
The sports licence is issued by or on behalf of a sports federation. It shall be entitled to participate in the sporting activities relating to it and, in accordance with the rules laid down in its statutes, for its operation.
The statutes of the sports federations may provide that the members of the affiliated associations Must hold a sports license.
In order to promote access to sports activities under all Their forms, the sports federations and the youth and popular education associations approved by the Minister responsible for youth can put in place rules of practice adapted and not jeopardising the security of the Practitioners
An approval may be issued by the Minister responsible for sports to federations which, in order to participate in the performance of a public service mission, have adopted statutes containing certain mandatory provisions and a disciplinary regulation in accordance with a standard
. Mandatory provisions of the statutes and the standard disciplinary regulations are defined by decree in Council of State taken after the opinion of the French National Olympic and Sport Committee.
The accredited sports federations participate in the implementation of public service tasks relating to the development and democratisation of physical activities and
They may not delegate all or part of the exercise of the public service tasks entrusted to them if it is not for the benefit of the professional leagues established pursuant to Article L. 132-1
To the contrary is deemed to be null and void.
Approved federations may exercise the rights recognized in the Civil party in respect of offences involving direct or indirect harm to the collective interests of their licensees and their sports associations.
The approved federations may entrust their national, regional or departmental bodies with a part of their duties in accordance with the mandatory provisions laid down In the second paragraph of Article L. 131-8. They shall monitor the execution of this mission and, in particular, have access to documents relating to the management and accounting of these bodies.
State staff or public officials paid by him may exercise with the federations approved of the missions of technical sports advisers, in accordance with terms and conditions laid down by decree in the Council of State.
Approved federations may conclude, for the benefit of their affiliated associations or certain categories of And with the agreement of the latter, any contract of interest relating to the purchase or sale of goods or services.
The contracts referred to in the first subparagraph shall not be concluded without prior competition. Their duration is limited to four years
In each A single approved federation receives a delegation from the Minister responsible for sports.
A decree of the Council of State determines the conditions for the allocation and withdrawal of the delegation, after the opinion of the Committee French Olympic and sports national.
Delegated federations:
1 ° Organize competitions Sports at the end of which international, national, regional or departmental titles are issued;
2 ° Give to the corresponding selections;
3 ° Propose registration on the lists of athletes, coaches, referees and High level judges, on the list of athletes Espoirs and on the list of training partners.
Delegated federations:
1 ° The technical rules of their discipline;
2 ° The regulations governing the organisation of any event open to their licensees.
A decree in the Council of State, taken after the opinion of the Council National sports and physical activities, lays down the conditions for the entry into force of the federal regulations relating to the standards of sports equipment required for the participation in sports competitions organised by the federations Delegates.
With the exception of the sports federations approved on 16 July 1992, only the sports federations Delegated sports federations can use the name " French Federation of " Or " National Federation of " As well as awarding or making the award of "Team of France" And " Champion of France ", followed by the name of one or more sports disciplines and make it appear in their articles, contracts, documents or advertisements.
The fact for the President, the director or the director of any legal person to use These names in breach of the provisions of the first subparagraph shall be punishable by a fine of EUR 7 500.
The Organise, without being the holder of the delegation provided for in Article L. 131-14, competitions at the end of which a title of international, national, regional or departmental champion is awarded or a title liable to create confusion With one of these titles in breach of the provisions of Article L. 131-17 is punishable by a fine of EUR 7 500.
However, approved sports federations may issue national or federal titles and titles Regional or departmental by following these titles of the mention of the federation. The list of titles referred to in this subparagraph shall be fixed by decree in the Council of State.
Where, in a discipline Sports, no sports federations have received delegation, the powers conferred on delegated federations by this section and by Articles L. 311-2 and L. 331-4 to L. 331-7 may be exercised, for a specified period and with The authorisation of the minister responsible for sports, by a specialised committee set up by the French National Olympic and Sport Committee.
When the Minister responsible for sports defers to the administrative court the acts taken under the delegation referred to in Article L. 131-14 which he considers to be contrary to the law, he may include in his appeal A request for suspension.
This application shall be granted if one of the pleas in law cited appears, in the statement of instruction, to create a serious doubt as to the legality of the contested act.
It shall be decided on this request within a time limit 1 month.
Without prejudice to the direct remedies available to it, any natural or legal person who considers itself Aggrieved by an individual decision taken within the framework of the delegation referred to in Article L. 131-14 may, within two months of the notification of the decision, request the Minister responsible for sport to implement the procedure Under Article L. 131-20
Delegated sports federations may set up a professional league for the representation, management and coordination of the professional sporting activities of their affiliated associations and sports
. Where, in accordance with the statutes of the federation, the professional league is an association with a separate legal personality, its statutes must be in conformity with the provisions laid down by a decree in the Council of State after the opinion of the French National Olympic and Sports Committee. This Order also determines the relationship between the league and the federation.
Each federation with a The professional league creates an organization providing the legal and financial control of the sports associations and companies.
This body is responsible, in particular, for the supervision of the associations and the companies they have formed. Conditions set to take part in competitions organised by the Federation
Sports associations and sports associations they have formed, sports federations and Their licensees are represented by the French National Olympic and Sports Committee.
The statutes of the French National Olympic and Sports Committee are approved by decree in Council of State.
The French National Olympic and Sports Committee may exercise the rights granted to the civil party in respect of the offences mentioned in the Titles II and III of Book I, Titles I and II of Book II and Title II of Book III.
The Committee National Olympic and sports national shall ensure that the ethics of sport defined in a charter drawn up by it after the opinion of the National Commission for High Performance Sport is respected.
The French National Olympic and Sports Committee is responsible for a conciliation mission in the conflicts between the licensees, the sports associations and companies and the Approved sports federations, with the exception of conflicts involving doping offences.
It is a conference of the conciliators whose members he appoints.
Any conciliator is required to keep secret any information he has Due to the application of this Article, under penalty of the penalties provided for in Article 226-13 of the Criminal Code.
The conditions for the application of this Article shall be laid down by decree in the Council of State.
The French National Olympic and Sports Committee is the owner of the national Olympic emblems and the depositary of the motto, the anthem, the Olympic symbol and terms " Olympic Games " And " Olympiad ".
File as a trademark, reproduce, imitate, affix, delete or modify the emblems, motto, anthem, symbol and terms mentioned in the first paragraph, without the permission of the National Olympic Committee and French sportsman, is liable to the penalties provided for in Articles L. 716-9 and following of the code of intellectual property
Public training institutions State responsible for the initial training of the people who manage, liven, supervise and teach the physical and sports activities and contribute to their continuing
. Territories and their public establishments shall be carried out in accordance with the statutory provisions applicable to them.
Approved sports federations provide the training and development of their executives. For that purpose, they may benefit from the assistance of the public training institutions referred to in Article L. 211-1.
Where they relate to functions performed against remuneration, the diplomas awarded meet the conditions laid down in Article L. 211-1. Article L. 212-1.
The diplomas concerning the exercise of an activity on a voluntary basis, within the framework of structures which do not pursue profit-making purposes, may be obtained either through training or by validation of the Acquired experience.
The approved federations shall ensure, under conditions laid down in their respective statutes, The training and development of referees and judges in their disciplines.
Training centres reporting A sports association or a sports society shall be approved by the administrative authority, on a proposal from the competent delegated federation and after the opinion of the National High-Level Sport Commission.
Access to training provided by a centre referred to in Article L. 211-4 of this Code is subject to the conclusion of a Convention Between the recipient of the training or its legal representative and the sports association or society.
The agreement determines the duration, level and terms of the training.
It provides that, at the end of the training, if it intends to exercise On a professional basis the sporting discipline to which it has been formed, the beneficiary of the training may be obliged to conclude, with the association or society in which the centre belongs, a contract of employment defined in the 3 ° of Article L. 122-1-1 of the Labour Code, the duration of which may not exceed three years.
If the association or the sports society does not propose a contract of employment, it is obliged to provide the person concerned with support for school or vocational integration, in The conditions laid down in the Convention.
The provisions of the Convention shall be determined for each sporting discipline under conditions laid down by decree in the Council of State, in accordance with standard stipulations.
Training courses for educators and sports leaders needed to support activities Sports in the enterprise may be organised in accordance with the provisions of Book IX of the Labour Code.
The training programs for the physical and sports occupations include teaching about sport for the disabled
I. -Only may, for remuneration, teach, animate or supervise a physical activity or sport or train its practitioners, as a primary or secondary occupation, on a regular, seasonal or occasional basis, subject to the Provisions of the fourth paragraph of this Article and of Article L. 212-2 of this Code, holders of a diploma, professional title or certificate of qualification:
1 ° Guarantee the competence of the holder in respect of Safety of practitioners and third parties in the activity concerned;
2 ° And registered in the national directory of professional qualifications under the conditions laid down in the II of Article L. 335-6 of the Education
. To exercise against remuneration the functions referred to in the first subparagraph above persons being trained in preparation for a diploma, professional title or qualification certificate in accordance with the requirements of 1 ° and 2 ° Above, under the terms of the regulations of this diploma, title or certificate.
II. -The diploma mentioned in the I may be a foreign diploma admitted in equivalence.
III. -The provisions of the I apply as from the entry of diplomas, professional titles or certificates of qualification on the list of diplomas, professional titles or certificates of qualification which correspond to the The conditions set out in paragraphs I and II, as it is entered.
IV. -Persons who have acquired, in the period preceding the entry referred to in III and in accordance with the laws in force, the right to exercise against remuneration one of the functions mentioned in the I shall retain that right
-A decree of the Council of State determines the conditions for the application of this Article. In particular, it lays down the arrangements for the list referred to in III.
When the activity Mentioned in the first subparagraph of Article L. 212-1 is exercised in a specific environment involving compliance with specific security measures, only the holding of a diploma permits its exercise. This diploma, entered on the list referred to in Article L. 212-1 of Article L. 212-1, shall be issued by the administrative authority in the framework of a training coordinated by the services of the Minister responsible for sports and provided by establishments within its A
in the Council of States lays down the list of activities referred to in the first subparagraph and specifies, for this category of activities, the specific conditions and conditions for the validation of the Experience.
The provisions of Articles L. 212-1 and L. 212-2 are not applicable to military personnel, to Officials covered by Titles II, III and IV of the General Staff Regulations in the performance of the tasks provided for by their special status or to teachers of public education institutions and private educational institutions Under contract with the State in the performance of their missions.
The provision of equipment for the Or, in the case of activities in a specific environment, the facilitation of the practice of the activity within a designated establishment under the regulation of tourism cannot be assimilated to the Functions referred to in the first paragraph of Article L. 212-1.
In sports-related sports Court martial, no one may avail himself of a dan or an equivalent degree endorsing sporting qualities and technical knowledge and, where appropriate, performance in competition if it has not been issued by the specialized commission of the in and Equivalent of the delegated federation or, failing that, of the approved federation devoted exclusively to martial arts.
A decree of the Minister responsible for sports shall lay down the list of federations referred to in the first subparagraph.
The specialized committees of the equivalent ranks, the composition of which is fixed by the order of the minister responsible Sports after consultation with the federations concerned, shall submit the conditions for the issue of these in and grades to the Minister responsible for sports which approves them by order.
The functions referred to in the first subparagraph of Article L. 212-1 may be exercised in the national territory by nationals of the Member States of the Community European Economic Area or States Parties to the Agreement on the European Economic Area which are qualified to exercise them in one of these States.
A Council of State decree sets out the conditions to which this exercise is submitted when there is a difference Substantive level between the qualification of the persons concerned and the one required under Article L. 212-1 of Article L. 212-1.
This decree specifies, in particular, the list of activities whose framing, even occasionally, may be subordinate, If the safety of the persons requires it in view of the specific environment and the conditions under which they are used, prior checking of the technical suitability of the applicants and their knowledge of the natural environment, the rules of Security and backup devices.
A year of imprisonment and a fine of 15 000 euros for Any person:
1 ° To exercise against remuneration one of the functions of teacher, instructor, educator, coach or facilitator of a physical or sporting activity or to make use of such titles or any other similar title without having the Qualification required by Article L. 212-1 or to carry out its activity in violation of Article L. 212-7 without having satisfied the tests to which the administrative authority has submitted it;
2 ° employ a person performing the duties Mentioned in the first subparagraph of Article L. 212-1 without having the required qualification or of employing a national of a Member State of the European Community or of a State Party to the Agreement on the European Economic Area which carries on business In violation of article L. 212-7 without having satisfied the tests to which the administrative authority has submitted it
I. -No one may exercise the functions referred to in the first paragraph of Article L. 212-1 as either remunerated or voluntary, if he has been convicted of a crime or for one of the offences planned:
1 ° In paragraph 2 of section 1 of the chapter II of Title II of Book II of the Penal Code;
2 ° In paragraph 2 of Section 3 of Chapter II of Title II of Book II of the same code;
3 ° A la Section 4 of Chapter II of Title II of Book II of the same code;
4 ° A la section 1 of Chapter III of the Title II of Book II of the same code;
5 ° A la section 2 of Chapter V of Title II of Book II of the same code;
6 ° A la Section 5 of Chapter VII of Title II of Book II of the same code;
7 ° In Articles L. 3421-1 and L. 3421-4 of the code of health Public;
8 ° Articles L. 232-25 to L. 232-29 of this code;
9 ° A section 1750 of the General Tax
. -In addition, no one can teach, animate or supervise a physical or sporting activity with minors if he has been the subject of an administrative measure prohibiting the participation, in any capacity, in the direction and supervision Institutions and bodies subject to the laws or regulations relating to the protection of minors in the centre of holiday and leisure, as well as youth groups or if they have been the subject of a measure Administrative suspension of these same functions.
The act for any person against remuneration One of the functions of a teacher, monitor, educator, trainer or facilitator of a physical or sporting activity or to make use of such titles or any other similar title in disregard of Article L. 212-9 shall be punishable by one year's imprisonment And EUR 15 000 fine
Persons exercising remuneration for the activities referred to in the first paragraph of Article L. 212-1 shall declare their activity to the administrative authority.
A decree of the Council of State shall lay down the terms of that declaration.
The act for any person to exercise against remuneration one of the functions mentioned in the first paragraph of Article L. 212-1 without having made the declaration provided for in Article L. 212-11 shall be punishable by one year imprisonment and a fine of 15 000 euros
The administrative authority may, by reasoned order, pronounce against any person whose continued operation would constitute a danger to the The health and physical or moral safety of practitioners prohibiting the exercise, on a temporary or definitive basis, of all or part of the functions referred to in Article L. 212-1.
The administrative authority may, in the same form, direct all A person who is in breach of the provisions of Article L. 212-1 and Article L. 212-2 to cease its activity within a specified period.
This order shall be taken after the opinion of a committee comprising representatives of the State, of the Sports movement and different categories of interested persons. However, in the event of an emergency, the administrative authority may, without consulting the Commission, issue a temporary ban of six months.
A decree of the Council of State lays down the conditions for the application of the present Article.
is punishable by one year imprisonment and a fine of 15 000 euros for any person to teach, To animate or supervise a physical or sporting activity in the knowledge of a measure taken pursuant to Article L. 212-13.
The National Commission for High Performance Sport is composed of representatives of the State, the National Olympic Committee And local authorities, as well as qualified personalities designated from among athletes, coaches, referees and high level sports judges. Its mission is:
1 ° To determine, after the opinion of the delegated sports federations, the criteria for defining, in each discipline, the quality of sportsman, coach, referee and high performance judge;
2. The criteria for the selection of athletes for competitions organised under the responsibility of the International Olympic Committee.
A decree of the Council of State lays down the conditions for the application of this Article.
The Minister responsible for sports stops, in view of the proposals of the federations and after the opinion of the National High-Level Sport Commission, the list Top-level athletes, coaches, referees and sports judges.
It adopts the list of athletes and training partners on the same conditions.
A decree of the Council of State lays down the conditions for the application of the Article.
Top level Athletes on the list referred to in the first paragraph of Article L. 221-2 may compete for access to the jobs of the State, the local authorities, their public establishments and any national or mixed economy company, without completing the required qualifications of the Applicants.
The upper age limits for access to the public ranks and jobs of the State and the Territorial authorities are not opposable to top-level athletes on the list referred to in the first paragraph of Article L. 221-2.
Candidates who no longer have the high level of sportsmanship can benefit from a decline in These age limits equal to the duration of their entry on the list referred to in the first subparagraph of Article L. 221-2. This period may not exceed five years.
The special status of the body of sports teachers may fix a Proportion of jobs reserved for top-level athletes, whether or not belonging to the administration, having been included for at least three years on the list mentioned in the first subparagraph of Article L. 221-2. Candidates must meet the tests of a specific selection competition.
A sportsman, judge, arbitrator or A high level coach, recruited as a non-incumbent, may be eligible within two years of graduation from the list of top-level athletes, in accordance with conditions laid down by decree in the Council of State, of special conditions Of employment to facilitate the training and preparation of competitions for access to the Public Service, without having any effect on the duration of the contract.
If he is an agent of the State or a territorial community or their public establishments, the athlete, the arbitrator or the high level judge appearing on the list referred to in the first paragraph of the article L. 221-2 benefits, in order to continue its training and to participate in sporting competitions, of special conditions of employment, without prejudice to career, under conditions laid down by decree in the Council of State.
The Minister responsible for sports may, after the advice of the Works Council or, failing that, delegates of the staff, conclude With a public or private undertaking a convention designed to facilitate the employment of a high level sportsman and his retraining. The purpose of the Convention is also to define the rights and duties of this sportsman in relation to the undertaking, to provide him with conditions of employment compatible with his training and his participation in sports competitions and to promote his Training and promotion. The conditions for the reclassification of the athlete at the expiration of the agreement are also specified.
The works council or, failing that, the staff delegates are informed of the conditions under which the agreement is to be applied. They are associated with the monitoring of its implementation and contribute to the integration of the athlete within the company.
The
on the preparation of pupils for high performance in secondary schools are laid down in Article L. 331-6 of the Education Code, reproduced below: '
' Art. L. 331-6. -The secondary schools allow, according to adapted formulae, the preparation of pupils for the high performance of sport. "
High-level athletes pursuing studies at a higher education institution The provisions of Article L. 611-4 of the Education Code, reproduced below: '
' Art. L. 611-4. -Higher education institutions enable elite athletes to pursue their sports career through the necessary arrangements in the organisation and conduct of their
. They shall promote the access of high-level sportsmen, whether or not they have academic qualifications, to training or professional development, in accordance with the conditions laid down in Articles L. 612-2 to L. 612-4 and L. 613-3 to L. 613-5. "
A decree issued after the opinion of the National High-Level Sport Commission specifies the rights and obligations Top-level athletes, sportsmen and women and training partners. It defines, in particular:
1 ° Conditions for access to managed training defined in liaison with the relevant ministries;
2 ° Professional insertion procedures;
3 ° Participation in general interest events.
The order provided for in Article L. 221-11 specifies the rights and obligations of high level arbitrators and judges On the lists established under the conditions laid down in Article L. 221-2.
The funds allocated to top athletes Level entered on a list referred to in Article L. 221-2 of this Code, with a view to financing their vocational training within the meaning of Book IX of the Labour Code, within the framework of traineeships approved by the State, in the perspective of an insertion or Professional conversion, is treated as a professional fee to be deducted from the base of social security contributions. The effective deduction is subject to the production of supporting documents
Officials and officials of the territorial authorities or their public establishments in employment for less than half of the legal working time may be authorised by the authority Territorial to combine this employment with the remunerated exercise of a sporting activity in a sports association or a sports society. The remuneration for such activities may be accumulated within the limit of an amount fixed by reference to that of the remuneration received in respect of their public employment.
A decree of the Council of State lays down the rules for the application of the Article and the method of calculation of the amount referred to in paragraph 1.
I. -The share of remuneration paid to a professional sportsman by a company subject to Articles L. 122-2 and L. 122-12 shall not be regarded as salary and which corresponds to the marketing by that company of the collective image of the team to Which the sportsman belongs to.
For the purposes of this Article, only persons who have concluded, together with a company referred to in the first paragraph, a contract of employment with a principal object, shall be considered as professional sportsmen Is participation in sports events.
II. -Collective agreements concluded, for each sporting discipline, between organisations representing professional athletes and organisations representing companies employing professional sportsmen determine:
1 ° La Share of remuneration defined in I above, which may not exceed 30 % of the total gross remuneration paid by the company to the professional sportsman;
2 ° The arrangements for fixing this share of remuneration according to the level of the revenue Commercial activities generated by the exploitation of the collective image of the sports team, in particular sponsorship, advertising and merchandising receipts, as well as those arising from the transfer of the audiovisual retransmission rights of the Competitions;
3 ° The threshold above which the provisions of the I above apply to this share of remuneration, which may not be less than double the ceiling fixed by the decree adopted pursuant to Article L. 241-3 of the Code of Social security.
III. -In the absence of a collective agreement for a sporting discipline, a decree may determine the terms and conditions of that part of remuneration in that discipline, in accordance with the conditions laid down in II above.
The provisions of Article L. 125-3 of the Labour Code are not applicable to the operation mentioned in this article When it concerns the employee of a sports association or a company referred to in Articles L. 122-2 and L. 122-12 of this Code made available to the delegatory sports federation concerned as a member of a team of France, in The conditions laid down by the agreement concluded between that federation and the professional league that it has constituted, and whereas it retains during the period of making available its status as an employee of the association or of the sports society And the rights attached to this quality.
The payment provided for in Article L. 931-20 of the Labour Code is not Not due in the case of a fixed-term contract concluded, pursuant to the 3 ° of Article L. 122-1-1 of the Labour Code, in the professional sport sector.
The conclusion of a contract relating to the exercise of sporting activity by a minor does not give rise to any remuneration or compensation or to the granting of any benefit whatsoever. Benefit:
1 ° D' une personne exercising the activity defined in the first paragraph of Article L. 222-6;
2 ° D' une association sportive ou d' une société sportive;
3 ° Or any person acting on behalf of and on behalf of the minor
Contrary to the provisions of this Article is null.
Any person engaged on an occasional basis or In relation to remuneration, the activity of reporting interested parties to the conclusion of a contract relating to the remunerated exercise of a sporting activity must be the holder of a sports agent licence. The licence shall be issued for three years by the competent delegated federation and shall be renewed at the end of that period.
The conditions for the award, grant and withdrawal of the sports agent's licence by the federation are Defined by decree in the Council of State.
No person can obtain or hold a sports agent licence:
1 ° S' il Exercise, directly or indirectly, in law or in fact, on a voluntary or remunerated basis, the functions of leadership or sports management either in an association or a society employing sportsmen and women for remuneration or for organising Sporting events, either in a sports federation or a body which it has constituted or if it has been brought to exercise one of those functions in the past year;
2 ° If it has been the subject of a criminal conviction contained in Newsletter No. 2 of the Criminal record for a crime or for any of the prescribed offences:
(a) Sections 3 and 4 of Chapter II of Title II of Book II of the Penal Code;
(b) Section 2 of Chapter V of Title II of Book II of the Code;
(c) Chapter II of Title II Book III of the same code;
(d) Section 1 of Chapter III of Title I of Book III of the same code;
(e) Section 1 of Chapter IV of Title I of Book III of the same code;
(f) Articles L. 232-25 to L. 232-29 of this Code ;
g) Section 1750 of the General Tax Code.
Incompatibilities and disabilities are subject to Section L. 222-7 the attendants of a sports agent and, where the licence was issued to a corporation, its officers, and, if it is a partnership, a simple limited partnership or a corporation Limited, its partners.
The occasional exercise of sports agent activity by a national of a State Member of the European Community or of a State Party to the Agreement on the European Economic Area not established in the national territory shall be subject to compliance with the conditions of morality laid down in Articles L. 222-7 and L. 222-8.
A sports agent can act only on behalf of one of the parties to the same contract, which gives him a mandate and can Remunerate. The terms of reference shall specify the amount of such remuneration, which shall not exceed 10 % of the amount of the contract concluded. Any agreement contrary to the provisions of this Article shall be deemed to be null and void.
Under the delegation of authority granted to them, the delegated federations shall ensure that the contracts referred to in the first paragraph Preserve the interests of the athletes and the discipline concerned. To this end, contracts and terms of reference are communicated to the federations. The federations impose sanctions in the event of non-disclosure of contracts or mandates.
East punished by one year Imprisonment and a fine of EUR 15 000 for the exercise of the activity defined in Article L. 222-6.
1 ° Without having obtained the licence of a sports agent or in disregard of a decision not to renew or withdraw that licence;
2 ° Or in violation of the provisions of Articles L. 222-7 to L. 222-9
The Minister responsible for sports, in liaison with other Ministers and interested organizations, undertakes and coordinates preventive actions, of Medical surveillance, research and education carried out with the assistance, in particular, of sports federations approved under the conditions laid down in Article L. 131-8, to ensure the protection of the health of sportsmen and women and to fight against the Doping.
Training in the prevention of doping is provided to sports doctors, teachers and members of the professions defined in the first subparagraph of Article L. 212-1
School health doctors, occupational physicians, military doctors and general practitioners Contribute, in liaison with specialised doctors, to preventive actions concerning the practice of physical and sports activities through the initial training necessary for the practice of medical examinations, contained in the second Medical education cycle and through appropriate in-service training
First issue of a sports licence referred to in Article L. 131-6 shall be subject to the production of a medical certificate attesting to the absence of a contraindication to the practice of the physical or sporting activity for which it is requested. A regular renewal of the medical certificate may be required by the federation according to the age of the athlete and the discipline.
For certain disciplines, the list of which is fixed by the Ministers responsible for sports and health at the In view of the risks to the safety or health of practitioners, this medical certificate may be issued only under the conditions laid down in the same order. The order shall specify the frequency of the renewal of this medical certificate.
The issue of this certificate shall be mentioned in the health book provided for in Article L. 2132-1 of the Public Health Code.
Participation in sports competitions organised or authorised by sports federations is subject to the presentation of a sports license Referred to in Article L. 131-6 certifying the issue of a medical certificate indicating the absence of a contraindication to the sporting practice in competition or, for the non-licensees to which these competitions are open, to the Presentation of this single certificate or copy, which must be less than one year old.
The physician in charge of the sports federation to coordinate the required examinations in the context of the special medical surveillance provided for in Article L. 231-6 may establish a certificate of contraindication to participation in sporting competitions in the light of the results of such medical surveillance.
This certificate shall be transmitted to the President of the Federation, who shall suspend the participation of the The person concerned in sports competitions organised or authorised by the said federation until the doctor has lifted the contraindication.
The provisions of Article L. 2336-3 of the Defence Code set out the conditions for the issuance, renewal or validation of the fire licence for the presentation of this document Superseded the medical certificate mentioned in this article.
Sports federations ensure the health of their They shall make the necessary arrangements, in particular as regards the training programmes and the calendar of competitions and sporting events which they organise or allow.
They shall develop With the licensees and their management an information on prevention against the use of doping substances and processes with the support of the medical devices for doping prevention.
Training programmes for executives Professionals and volunteers involved in sports federations, clubs, physical and sports establishments and sports schools include actions to prevent the use of substances and processes Dopants.
Delegated sports federations ensure the organisation of special medical surveillance. Which are submitted to their licensees on the list of top-level sportsmen referred to in the first subparagraph of Article L. 221-2 of this Code and of the licensees registered in the high level sport access
. The Ministers responsible for health and sports shall define the nature and periodicity of the medical examinations which are insured under this supervision.
The results of such examinations shall be mentioned in the booklet provided for in Article L. 231-7 of the
This medical supervision does not relieve the employers of professional sportsmen holding a contract of employment under the 3 ° of Article L. 122-1-1 of the Labour Code to fulfil the obligations incumbent on them Application of Title IV of Book II of the same code.
An individual booklet is issued to each sportsman mentioned in Article L. 231-6 or its legal representative, by the sports federation to which it belongs. This booklet contains only sports information and medical information relating to sporting activities.
Only doctors approved under Article L. 232-11 are entitled to be presented with this booklet. Checks provided for in Article L. 232-12.
Where a sportsman sanctioned pursuant to Article L. 232-21 or L. 232-22 seeks the return, renewal or issue of a sports licence, the competent federation shall make such restitution, renewal or issue for the production of a certificate issued by a medical antenna Prevention of doping after an interview between a doctor and the person concerned.
On the occasion of this interview, the doctor may propose to the athlete the follow-up mentioned in Article L. 232-1.
Doping-prevention medical antennas are approved by the Ministers responsible for health and sports. They shall hold open consultations to persons who have used or are likely to resort to doping practices. Such consultations shall be anonymous at the request of the persons concerned.
They shall propose, if necessary, the establishment of a medical follow-up.
The persons referred to in article L. 231-8 shall have at least one maintenance with a doctor In one of these antennas. This maintenance is validated by the issuance of a certificate.
The conditions for the approval and operation of the medical antennas for the prevention of doping are fixed by decree.
Each antenna is headed by a physician, who is Responsible.
The sportsman participating in competitions or events mentioned at 2 ° du I of Article L. 232-5 indicates quality in any medical consultation that gives rise to prescription.
If the practitioner prescribes substances or processes for which use is prohibited under Article L. 232-9, the Athlete shall not be liable to Disciplinary action if it has received an authorisation, granted for therapeutic purposes, from the French Anti-Doping Agency. This authorisation shall be issued after the assent of a committee of doctors placed with the agency.
Where the list referred to in Article L. 232-9 provides for it, such authorisation shall be deemed acquired upon receipt of the application by The agency, unless otherwise decided.
The doctor who is required to detect signs of a practice Doping:
1 ° Is obliged to refuse the issue of one of the medical certificates defined in Articles L. 231-2 and L. 231-3;
2 ° Informs his patient of the risks he runs and proposes either to direct him to one of the medical antennas Referred to in Article L. 232-1, either in connection with it and in accordance with the requirements, to prescribe examinations, treatment or medical follow-up;
3 ° obligatorily to the doctor responsible for the medical antenna referred to in Article L. 232-1 the findings he has made and inform his patient of this transmission obligation. This transmission is covered by medical confidentiality.
The doctor's lack of knowledge of the obligation to Transmission provided for in Article L. 232-3 or of the prohibitions referred to in Article L. 232-10 shall be subject to disciplinary penalties before the competent bodies of the order of doctors
I. -The French Anti-Doping Agency, an independent public authority with a legal personality, defines and implements anti-doping activities. To this end, it cooperates with the international body responsible for the fight against doping recognised by the International Olympic Committee and with the international sports federations.
For this purpose:
1 ° It defines a national programme Annual checks;
2 ° diligently checks the conditions laid down in Articles L. 232-12 to L. 232-15:
(a) During competitions organised by the delegated sports federations at the end of which National, regional and departmental titles;
b) During events authorized by the same federations when the delegated sports federation decides that only its regulations are applicable to the conduct of the tests;
(c) During training courses preparing for competitions or sporting events;
3 ° It may, in coordination and with the agreement of the international body responsible for the fight against doping recognised by the International Olympic Committee or International sports federation, carry out checks under the conditions laid down in Article L. 232-16;
4 ° It is informed of the doping facts brought to the knowledge of the sports administration or federations;
5 ° Or has carried out the analysis of samples taken during inspections; in this context, it may carry out analyses on behalf of third parties;
6 ° It exercises disciplinary power under the conditions laid down in Articles L. 232-22 and L. 232-23;
7 ° issues the authorizations provided for in Article L. 232-2;
8 ° It is consulted on any draft law or regulation on the fight against doping;
9 ° participates in prevention, education and Research implemented in the fight against doping;
10 ° It is associated with international activities in the field of anti-doping and brings its expertise to the State, in particular during the elaboration of the list of Prohibited products referred to in Article L. 232-9;
11 ° It may be consulted by sports federations on matters falling within its competence;
12 ° Address to sports federations recommendations in matters Within its competence;
13 ° submits an annual activity report to the Government and Parliament. This report is made public.
Agency missions are carried out by the college, unless otherwise provided.
II. -The supervisory tasks, the analysis missions and the disciplinary powers of the French Anti-Doping Agency cannot be exercised by the same persons.
For the exercise of its supervisory tasks, the Agency may do so Call to the services of the Minister responsible for sport, under conventional conditions.
III. -For the establishment of the annual national programme of controls referred to in the I, the competent authorities, federations, associations and sports associations and establishments of physical or sporting activities, as well as, on request, the Shall communicate to the Agency all information relating to the preparation, organisation and conduct of training, competitions and sporting events; it shall be informed of the decisions taken by the federations in application of Article L. 232-21;
The annual national inspection programme shall include individualised controls, implemented under the conditions laid down in Article L. 232-15.
The Collège de l' Agence française de lutte contre le Doping consists of nine members appointed by decree:
1 ° Three members of the administrative and judicial courts:
-one State Councillor, President, appointed by the Vice-President of the Council of State;
-an adviser to the Court of Cassation, appointed by the first President of that Court, who exercises the powers of the President in the event of absence or incapacity of This one;
-a general attorney at the Court of Cassation designated by the Attorney General in the said court; and
2 ° Three persons having jurisdiction in the fields of pharmacology, toxicology and designated sports medicine Respectively:
-by the President of the National Academy of Pharmacy;
-by the President of the Academy of Sciences;
-by the President of the National Academy of Medicine;
3 ° Three personalities qualified in the field of Sport:
-a person who is registered or has been included in the list of top-level Athletes established pursuant to the first paragraph of Article L. 221-2, designated by the President of the French National Olympic and Sport Committee;
-one member The board of directors of the French National Olympic and Sport Committee designated by its president;
-a personality designated by the Chair of the National Advisory Committee on Ethics for Life and Health
. President of the college, president of the agency, is appointed for six years.
The mandate of the members of the college of the agency is six years. It is not revocable and may be renewed once. It shall not be interrupted by the rules concerning the age limit applicable to those concerned. A member whose absence is found by the College of the Agency, acting by a two-thirds majority of its members, shall be declared to resign ex officio.
The members of the College of the Agency shall take the oath of office under conditions laid down by Decree.
The agency's college is renewed every two years every two years. In the event of a vacancy occurring more than six months before the expiry of the term of office, the appointment of a new member whose term of office expires on the date of expiry of the term of office of the person whom it replaces.
The college of the agency shall not May release that when at least six of its members are present. The President shall have a casting vote in the event of the equal sharing of votes.
The College of the Agency shall establish its rules of procedure.
The College of the Agency may deliberate in disciplinary training consisting of at least four members and chaired by one Members referred to in Article L. 232-6 of this Code.
Members and agents of the Agency shall be bound by professional secrecy under the conditions and penalties provided for in Article L. 226-13 of the Penal Code.
The French Anti-Doping Agency has financial autonomy.
The provisions of the Act of August 10 1922 relating to the organisation of control of expenditure incurred is not applicable to its management.
The Agence française de lutte contre le Doping may recruit contract agents under public law and private employees.
For The performance of its tasks, the agency may call on experts or qualified persons
It is prohibited, during sports competitions and events organised or authorised by sports federations or by a specialised committee established in Application of Article L. 131-19, or with a view to participating:
1 ° Use of substances and processes which may artificially alter the abilities or to mask the use of substances or processes with this property;
2. Those of those substances or processes whose use is subject to restrictive conditions where these conditions are not met.
The list of substances and processes referred to in this Article is that which is developed in application The Anti-Doping Convention signed in Strasbourg on 16 November 1989 or any subsequent agreement which would have the same object and which would replace it. The list shall be published in the Official Journal of the French Republic.
No person shall prescribe, except in Conditions set out in the second and third paragraphs of Article L. 232-2, to assign, offer, administer or apply to athletes participating in competitions and events referred to in Article L. 232-9, one or more substances or Procedures referred to in this section, or facilitate their use or use.
No person shall evade or oppose any of the control measures provided for in this Title.
In addition to officers and police officers acting under the provisions of the Code of Criminal Procedure, Are entitled to carry out the checks carried out by the French Anti-Doping Agency or requested by the federations to the Agency for the training, events and competitions referred to in Article L. 232-5 of the present Code and to search for and find infringements of the provisions laid down in Articles L. 232-9 and L. 232-10 officials reporting to the Minister responsible for sports and persons approved by the Agency and sworn in under conditions laid down by Order in Council of State.
These officials and persons are subject to professional secrecy under the conditions laid down in Article 226-13 of the Criminal Code.
Control operations are carried out by the Director of the Control Department of the French Anti-Doping Agency. The persons referred to in Article L. 232-11 as a doctor may carry out clinical medical examinations and biological samples intended to highlight the use of prohibited methods or to detect the presence in The prohibited substances body. The persons mentioned in article L. 232-11 who do not have the status of a doctor may also carry out these biological samples. Only those persons mentioned in article L. 232-11 who are doctors or nurses may take blood samples.
Controls give rise to the minutes which are sent to the agency and to the The federation concerned. A duplicate is left to interested parties.
Controls are performed under the following conditions :
1 ° Within the framework of the annual national programme of controls referred to in Article L. 232-5, 1 ° I, or at the request of a sports federation:
(a) In any place where there is a training, competition or event At 2 ° du I of Article L. 232-5, in any establishment in which the physical or sporting activities referred to in Article L. 322-2 are carried out, as well as in their annexes;
(b) Where the Athlete's training is not conducted Usually in one of the places mentioned in the a, in any other place chosen with the agreement of the sportsman to ensure the respect of his privacy or, at his request, at his home;
2 ° In the cases provided for in 1 °, the licensed athlete shall be summoned By the person carrying out the levy. Where the Athlete does not train in a fixed place, the invitation may be addressed by any means of guaranteeing the athlete's origin and reception during the training periods.
In the exercise of their monitoring mission, the persons mentioned in article L. 232-11 cannot access the places mentioned in article L. 232-13 that between 6 a.m. and 9 p.m., or at any time as such places are open to the public or a sporting event or event or training is in progress. A control in the home of a sportsman may take place only between 6 a.m. and 9 p.m.
They may be assisted, at their request, by a delegated member of the competent sports federation.
They may request the communication of Any documents or documents useful, copied and collected.
Only physicians may collect information of a medical nature.
In the event that the control operations are considered in view In the search for offences, the prosecutor of the Republic is informed beforehand and may object to it. Minutes established as a result of these judicial police operations shall be given to him within five days of their establishment. A copy of the minutes is also provided to the person concerned.
To implement controls Referred to in Article L. 232-5, the Director of Controls shall designate the persons who are to transmit to the French Anti-Doping Agency the information necessary to enable them to be located during the periods As well as the programme of competitions or events mentioned in the 2 ° of the I of Article L. 232-5 to which they participate. This information may be the subject of computerised processing by the Agency, with a view to organising controls. This automated processing of data relating to the individual location of athletes is authorised by decision of the college of the agency taken after reasoned opinion and published by the National Commission on Informatics and
. Those persons shall be selected from among, on the one hand, those on the lists of high-level sportsmen established pursuant to Article L. 221-2 and, on the other hand, professional sportsmen made redundant from approved sports federations.
The French Anti-Doping Agency can, in coordination and with the agreement of the international body responsible In the fight against doping recognised by the International Olympic Committee or an international sports federation, conduct tests on the occasion of competitions or sporting events organised or authorised by a federation Sports other than those mentioned in Article L. 232-5, 2 °. In this case, the checks shall be carried out under the conditions laid down in Article L. 232-12, to the a of Article L. 232-13 and Article L. 232-14. They cannot give rise to the initiation of a disciplinary procedure by the agency or the delegated sports federation.
The refusal to comply with the controls provided for in Articles L. 232-12 to L. 232-14, or to comply with their terms and conditions, shall be subject to the administrative sanctions provided for in Articles L. 232-21 to L. 232-23.
Samples taken by the French Anti-Doping Agency are carried out under the Scientific and technical responsibility of the director of the analysis department.
For these analyses, the agency may use other laboratories under conditions laid down by decree in the Council of State.
The analysis department insures Also research activities.
In all places mentioned in Article L. 232-13 to which they Access, for the exercise of judicial police missions, under the conditions laid down in Article L. 232-14, persons referred to in Article L. 232-11 shall not seize objects and documents relating to infringements of the provisions of Article L. 232-14. As on judicial authorization given by order of the President of the High Court in the jurisdiction of which these objects and documents are located, or a judge delegated by him.
The application must contain all the elements Information to justify the seizure. It shall be carried out under the authority and control of the judge who authorized it.
The order shall be notified at the time of the seizure, at the time of the seizure, to the person in charge of the premises or to his representative, who shall receive a copy thereof. It is subject only to an appeal in cassation. This appeal is not suspensive.
The objects or documents seized shall immediately be inventoried, in the presence of the person responsible for the premises or premises, or his representative.
The inventory shall be annexed to the minutes of the proceedings. On-site operations. The originals of the said minutes and the inventory shall be forwarded to the judge who authorised the seizure. A copy is given to the person concerned.
The President of the High Court or the judge delegated by him may at any time order the release of the seizure.
The persons referred to in article L. 232-11 note the offences Referred to in section 4 of this chapter by means of records that are authentic until proven otherwise. These minutes shall be transmitted, on pain of nullity, within five days after they have been closed to the public prosecutor. A copy is delivered within the same time frame to the person concerned.
Customs officers, management agents The general competition, the consumption and the suppression of fraud, the agents reporting to the Minister responsible for sports, officers and judicial police officers are entitled to communicate with each other all information obtained in The performance of their respective duties and related to doping products, their use and their release in accordance with the provisions of Act No. 78-17 of 6 January 1978 relating to computers, files and freedoms
The detailed rules for the application of this Article shall be determined by decree
Licensees or laid-off members of sports federations affiliated with sports federations who, in the event of training, competitions or events referred to in Article L. 2, 2. 232-5, or on the occasion of the individualised control referred to in 1 of the I of the same article, have contravened the provisions of Articles L. 232-9, L. 232-10 and L. 232-17, subject to disciplinary sanctions
Sports federations referred to in Article L. 131-8.
To this end, the federations shall adopt in their Rules of Procedure provisions defined by decree in the Council of State and relating to controls organised pursuant to this Title, thus The disciplinary proceedings and the penalties applicable, in accordance with the rights of the defence.
This Regulation provides that the disciplinary body of the first instance of such federations shall decide, after the person concerned has been put in a position to Submit its observations within a period of ten weeks from the date on which the infringement was found. It also provides that, in the absence of a decision within that period, the disciplinary body of first instance is to be divested of the whole file. The file is then forwarded to the disciplinary body of appeal which, in all cases, makes its decision within a maximum period of four months from the same date.
Disciplinary sanctions taken by the sports federations may go Until the final prohibition of participation in sporting competitions and events provided for in Article L. 232-9.
These sanctions do not give rise to the conciliation procedure provided for in Article L. 141-4.
In the event of an infringement of the provisions of Articles L. 232-9, L. 232-10 and L. 232-17, the French Agency for Control of Doping has the power of disciplinary sanction under the following conditions:
1. It is competent to impose disciplinary sanctions on persons who are not laid off participating in training, competitions or events Mentioned at 2 ° du I of Article L. 232-5;
2 ° has jurisdiction to impose disciplinary sanctions on persons within the disciplinary power of a sports federation when the latter has not acted within the time limits laid down in Article L. 232-21. In such cases, it shall be automatically entered upon the expiry of those deadlines;
3 ° It may reform the decisions taken pursuant to Article L. 232-21. In such a case, the Agency shall, within one month following the date on which it has been informed of such decisions pursuant to Article L. 232-5;
4 ° It may decide to extend a disciplinary sanction imposed by a Federation to the activities of the person concerned in the other federations, on his own initiative or at the request of the federation having pronounced the sanction.
The referral to the agency is suspensive.
The French Anti-Doping Agency, in exercising its sanction power, in accordance with Article L. 232-22, may pronounce:
1 ° A Against the athletes found guilty of the acts prohibited by Articles L. 232-9 and L. 232-17, a temporary or definitive prohibition of participation in the competitions and events referred to in Article L. 232-9;
2 ° Licensees participating in the organisation and conduct of such competitions and events or training in preparing them guilty of acts prohibited by Article L. 232-10, a temporary or permanent ban on participation, Directly or indirectly, the organisation and conduct of the sports competitions and events referred to in Article L. 232-9, and the training activities in preparation, as well as a temporary or permanent ban on the exercise of the functions According to the first paragraph of Article L. 212-1.
These penalties shall be imposed in accordance with the rights of the defence.
At the request of an Athlete who is liable to be sanctioned or on his own initiative, the Agency may, if it does not consider itself Sufficiently informed in view of the documents in the file, propose to the person concerned to submit to an expert opinion to determine whether he has complied with the provisions of Article L. 232-9.
The expertise is carried out by an expert chosen by the athlete Interested in a list drawn up by the Agency. The results of the expertise shall be communicated to the agency and to the person concerned, who may make observations. The costs of the expertise shall be borne by the Agency.
Interested parties may appeal Full jurisdiction against the decisions of the French Anti-Doping Agency pursuant to Articles L. 232-22 and L. 232-23
The act of opposing the performance of the duties of officers and persons entitled under article L. 232-11 is punishable by six months Imprisonment and a fine of EUR 7 500.
The failure to comply with the prohibition decisions pursuant to Articles L. 232-22 and L. 232-23 shall be subject to the same penalties.
Prescribing in violation of the second and third paragraphs of article L. 232-2 of this Code, to assign, to offer, To administer or apply to a sportsman referred to in Article L. 232-9, a substance or process referred to in that article, to facilitate its use or to induce, in any way, that Athlete for their use shall be punished by five years Imprisonment and a fine of EUR 75 000.
The penalties provided for in the first subparagraph shall be increased to seven years' imprisonment and a fine of EUR 150 000 where the acts are committed in an organised band, within the meaning of Article 132-71 of the Criminal Code, or When committed in respect of a minor.
Natural persons guilty of offences Article L. 232-26 of this Code also carries the following additional penalties:
1 ° Confiscation of the substances or processes and of the objects or documents used to commit the offence or to facilitate the commission thereof;
2 ° The posting or dissemination of the judgment delivered under the conditions laid down in Article 131-35 of the Penal Code;
3 ° The closure, for a period of one year to the most, of one, more or all of the establishments of the undertaking having Used to commit the offence and belonging to the convicted person;
4 ° The prohibition, under the conditions laid down in Article 131-27 of the Criminal Code, to engage in professional or social activity in the financial year or on the occasion of which The offence has been committed;
5 ° The prohibition, under the conditions laid down in Article 131-27 of the Criminal Code, to exercise a public service.
Legal persons who are criminally responsible, under the conditions laid down in Article 121-2 of the Criminal Code, shall be subject to the offences defined in Articles L. 232-25 and L. 232-26 of this Code. Penalties:
1 ° The fine, as laid down in Article 131-38 of the Penal Code;
2 ° For the offences defined in Article 232-26 of this Code:
(a) The additional penalties provided for by the 2 °, 8 ° and 9 ° of the article 131-39 of the Penal Code;
(b) The closing, for a period of not more than one year, of the establishments or of one or more establishments of the undertaking which have been used to commit the offence and belonging to the sentenced legal person.
Attempted offences under this section are punishable by the same penalties as the offence itself.
Can exercise the rights granted to the civil party with respect to the offences referred to herein Section:
1 ° The French National Olympic and Sports Committee for the events committed in connection with the competitions for which it is responsible;
2 ° The sports federations approved by the Minister responsible for sports, each in respect of the sports federations, except Where the offender is subject to disciplinary power.
Except as otherwise provided, the terms and conditions Application of this Title shall be fixed by decree in the Council of State.
In particular, specify:
1 ° The conditions under which the sports federations ensure the organisation of the special medical supervision provided for in the Article L. 231-6;
2 ° Permitted examinations and levies and their terms and conditions
I. -The French Anti-Doping Agency defines and implements the actions set out in Article L. 232-5 to combat animal doping.
II. -It shall carry out the tasks entrusted to it by this Title under the following conditions:
1. A person having competence in veterinary medicine shall participate in the deliberations of the College in relation to the fight against animal doping ;
2 ° For the application of the provisions of Articles L. 241-6 and L. 241-7, the College of the Agency shall deliberate in disciplinary training consisting of at least four of its members, including the personality referred to in 1 ° of this Article, and Presidency of one of the members appointed to the 1 ° of Article L. 232-6;
3 ° This personality shall be designated by the President of the Veterinary Academy of France, under the conditions laid down in Article L. 232-6 for designation and renewal Members of the College;
4 ° The renewal of this person's term of office comes at the same time as that of the member of the college designated by the President of the National Academy of Medicine.
It is prohibited to administer or apply to animals during sports competitions and events organized or authorized by Interested federations or by a specialised committee established pursuant to Article L. 131-19, or with a view to participating in them, of substances or processes which may artificially alter their capacities or to conceal the use of substances or Procedures with this property
The list of substances or processes referred to in this section shall be established by joint order of Ministers responsible for sports, health and agriculture.
I. -It is forbidden to facilitate the administration of the substances mentioned in article L. 241-2 or to encourage their administration, as well as to facilitate the application of the processes mentioned in the same article or to induce them to apply.
It is No person shall prescribe, assign or offer any of the processes or substances referred to in L. 241-2.
II. -No person shall subtract an animal or object by any means to the control measures provided for in this Title.
The provisions of Section 3 of Chapter II of Title III of this book, with the exception of Articles L. 232-9 and L. 232-10, apply to the controls and findings of animal doping offences in the Conditions laid down in the decree in Council of State referred to in Article L. 241-9.
For the purposes of applying the provisions of the preceding paragraph, only persons referred to in Article L. 232-11, having the status of veterinary surgeon, may proceed to Clinical and biological samples and examinations of any animal intended to highlight the use of prohibited processes or to detect the presence in the body of prohibited substances.
I. -The provisions of Article L. 232-30 shall apply to the infringements provided for in this
. -1 ° Breaches of the provisions of Articles L. 241-2 and I of Article L. 241-3 shall be punishable by five years' imprisonment and a fine of EUR 75 000;
2. Breaches of the provisions of Article L. 241-3 shall be punishable by six months And a fine of EUR 7 500.
III. -The attempt to commit offences under this Title shall be punishable by the same
. -Natural persons found guilty of the offences provided for in Article L. 241-2 and in the I of Article L. 241-3 shall also be liable to the additional penalties provided for in Article L. 232-27
Liable for the offences provided for in this Title are liable to the penalties laid down in Article L. 232-28.
A federation Or the French Anti-Doping Agency may provisionally or temporarily prohibit, on a temporary or definitive basis, in accordance with Section 4 of Chapter II of Title III of this book to the owner or coach of a An animal to which a prohibited substance has been administered or applied a prohibited method of involving its animal in the competitions and events referred to in Article L. 241-2.
The owner or trainer of that animal shall present its Observations in the context of the disciplinary procedure provided for in Section 4 of Chapter II of Title III of this book. It can also request a new expertise.
The owner, coach and, if applicable, the jumper Who have infringed or tried to breach the provisions of this Title shall be liable to the following administrative sanctions:
1 ° A temporary or permanent ban on participating in the competitions and events referred to in Article L. 241-2;
2 ° A temporary or definitive ban on participating directly or indirectly in the organisation and conduct of sporting competitions or events referred to in Article L. 241-2 and in the training preparations;
3 ° Where they are made redundant from an approved sports federation, a temporary or permanent ban on the exercise of the functions defined in Article L. 212-1.
These penalties shall be imposed under the conditions laid down in Section 4 of Chapter II of the Title III of this book by an accredited sports federation or by the French Anti-Doping Agency.
Interested parties may institute proceedings against the decisions of the French Anti-Doping Agency pursuant to Articles L. 241-6 and L. 241-7.
Except as otherwise provided, the terms and conditions of this chapter shall be laid down by decree in the Council of State
Nature sports are exercised in Spaces or on sites and itineraries which may include roads, land and subways in the public or private domain of public or private owners, as well as public or non-public water courses Public.
Delegated sports federations or, failing that, approved sports federations can define, Each for their discipline, the standards of technical classification, safety and equipment of places, sites and itineraries relating to nature sports.
The department promotes the controlled development of nature sports. To this end, it draws up a departmental plan for areas, sites and routes relating to sports of nature. This plan includes the departmental plan for walking and walking routes provided for in Article L. 361-1 of the Environment Code. It shall be implemented in accordance with the conditions laid down in Article L. 130-5 of the Planning Code.
The Department Establishes a departmental plan for motorised trekking itineraries under the conditions laid down in Article L. 361-2 of the Environment Code.
The French National Olympic and Sport Committee concludes with the managing bodies of natural spaces, subject to the respect of the rules specific to each space, of the conventions which are intended to fix The conditions and conditions for access to these sites for sporting practices in full nature compatible with the schemes of collective services in natural and rural areas, on the one hand and sport, on the other.
When jobs are likely to affect, because of their location or nature, the spaces, sites and routes listed in the Plan referred to in Article L. 311-3 and to the exercise of sports of a nature which are likely to be carried out there, the competent administrative authority for the authorisation of the work requires, where appropriate, the accompanying measures,
The conditions of application of this Article shall be laid down by decree in the Council of State
After consultation with interested federations and local authorities, a master plan is established Sports equipment of national interest within the framework of the scheme of collective services for sport referred to in Article L. 111-2.
Any owner of a sports equipment is required to make the declaration to the administration for the purpose of establishing an inventory of equipment.
The provisions of the preceding paragraph shall not apply to Sports equipment for use exclusively in the family or in the minister responsible for defence.
A Council of State decree determines the conditions for the application of this Article.
The total or partial deletion of private sports equipment financed by a public legal person (s) for A party at least equal to a percentage fixed by decree in the Council of State and the modification of its assignment shall be subject to the authorization of the legal person governed by public law who participated alone or who participated in the largest Share in this funding. The notice of the mayor of the municipality where the equipment is located shall be attached to the application for authorisation.
This authorisation shall be subject to the condition that this equipment be replaced by equivalent sports equipment.
Any change In the absence of an authorisation shall entail the payment to the person or legal persons of public law referred to in the first paragraph of all the grants received. A decree lays down the conditions for the application of this paragraph.
When a sports association or a company At the occasion of an exceptional competition, a team of the highest category, it is not required to put its equipment to the technical standards applicable for the competitions in which teams of this Category.
This exemption does not apply to safety standards
Without prejudice to the provisions of the code of town planning and the code of construction and housing applicable to establishments receiving the public and subject to the provisions of Article L. 312-7 of this Code, the For sporting events open to the public are subject to approval.
Any permanent changes to the enclosure, layout, or environment require the issuance of a new device licence.
Outdoor sports facilities with a capacity of not more than 3,000 spectators and sports facilities with a host capacity of no more than 500 spectators are not subject to Approval.
An authorization to open to the public shall not be permitted before the expiry of a time limit fixed by means of Regulation.
Withdrawal of approval is to be withdrawn from the public.
A Council of State decree sets out the conditions for the application of Articles L. 312-5 to L. 312-9.
It specifies the Conditions for the grant and withdrawal of the approval provided for in Article L. 312-5.
Design, la The construction and operation of the ski lifts, as well as the development of the Alpine ski slopes are governed by Articles L. 445-1 to L. 445-4 of the Code of Town Planning and Articles L. 342-7 to L. 342-26 of the Tourism Code.
Authority to open facilities to the public In accordance with the provisions of Article L. 312-5 shall be granted by the Mayor under the conditions laid down in the provisions of the Construction and Housing Code and by the Approval
. These provisional installations shall, after completion of the work, be the subject of a notice issued after a visit to the site by the competent security committee. This opinion shall be notified to the competent authority of the authority to authorise the opening to the public. The Commission shall deliver an unfavourable opinion if all or part of the conditions for the fitting-out of such installations laid down by the approval provided for in Article L. 312-5 are not met.
A decree of the Council of State lays down the conditions for the application of Article L. 312-12.
This decree specifies the time limits to be available to the Security Committee to make Its opinions and the mayor to make its decision
The fact To organise a public sporting event in an unlicensed enclosure or in violation of the requirements imposed by the approval is punishable by two years' imprisonment and a fine of 75,000 euros.
Recidivism is punishable by five years Imprisonment and EUR 150 000 fine.
The penalties provided for in Article L. 312-14 apply to the fact To issue or assign, on a free or expensive basis, access to a sporting event in excess of the number of spectators fixed by the approval order.
The penalties provided for in Article L. 312-14 are doubled if the offender is also convicted of manslaughter or injury and beatings Involuntary.
In case of conviction for any of the offences referred to in Articles L. 312-14 to L. 312-16, The court may prohibit the organisation of public sporting events in the Chamber. The provisional execution of the prohibition may be ordered
Associations, companies and sports federations subscribe to their business of insurance guarantees covering their Civil liability, that of their employees or volunteers and that of sports practitioners. Licensees and Licensees are considered to be third parties to each other.
These warranties also cover arbitrators and judges in the performance of their activities.
The fact, for the head of a sports association, of not subscribing to insurance guarantees under the conditions laid down in Article L. 321-1 shall be punished by six months Imprisonment and a fine of EUR 7 500.
Subscriptions to a civil liability insurance contract For the practice of underwater recreational fishing is compulsory. The certificate of insurance must be presented at any request of the police authorities of this activity.
Associations and sports federations are required to inform their members of the interest in the subscription of an insurance contract covering personal injuries to which their sporting practice may expose them.
Registered sports federations may enter into collective insurance contracts to ensure Affiliated associations and their licensees under the conditions laid down in Articles L. 321-1, L. 321-4, L. 321-6 and L. 331-10.
These contracts can only be concluded after a call to competition.
Where the registered federation with which the sports association is affiliated proposes to the members of the association requesting the issuance of a licence, To accede simultaneously to the collective personal insurance contract it has subscribed to, it shall be held:
1 ° To formulate this proposal in a document, whether or not separate from the application for a licence, which mentions the price of membership, specifies That it is not compulsory and indicates that the adherent to the collective agreement may also subscribe to additional individual guarantees;
2 ° To attach to this document a notice drawn up by the insurer in accordance with the second paragraph of Article L. 141-4 of the Insurance Code.
Without prejudice to the other provisions of this Chapter, The operation of an establishment referred to in Article L. 322-2 shall be subject to the subscription by the operator of an insurance contract covering his civil liability, that of the teachers referred to in Article L. 212-1 and of any The operator, as well as persons who are usually or occasionally admitted to the facility, to carry out the activities that are taught there.
The operation of an establishment referred to in Article L. 322-2 without taking out the insurance guarantees provided for in Article L. 321-7 shall be punishable by six months' imprisonment and a fine of 7 500 euros.
A decree sets out the terms and conditions of this chapter, including control procedures
No one May exploit either directly or through a third party an establishment in which physical or sporting activities are carried out if it has been the subject of a conviction under Article L. 212-9.
Institutions where physical or sports activities are performed must present for each type of activity and establishment Hygiene and safety guarantees defined by regulation.
A decree in the Council of State fixes the Conditions under which the heads of the institutions where one or more of these activities are engaged declare their activity to the administrative authority.
A penalty of one year's imprisonment and a fine of 15 000 euros for any person:
1 ° Operate an establishment where physical activity is performed and Sport without having made the declaration provided for in Article L. 322-3;
2 ° To maintain in activity an establishment where one or more physical or sporting activities are carried out in disregard of a measure taken in accordance with Article L. 322-5.
The administrative authority may object to the opening or temporary closure or Of an institution which does not submit the guarantees provided for in Articles L. 322-1 and L. 322-2 and does not fulfil the insurance obligations referred to in Article L. 321-7
Temporary or permanent closure of an establishment employing a person who teaches, animates or supervises one or more physical or sporting activities referred to in Article L. 212-1 without having the required
. May also impose the temporary or permanent closure of an establishment where its continued operation presents risks to the health and physical or moral safety of the practitioners or exposes them to The use of substances or processes prohibited by Article L. 232-9.
The system of sale and Distribution of beverages in stadiums, in physical education rooms, gymnasiums and, in general, in all physical and sporting establishments is provided for in article L. 3335-4 of the Public Health Code.
All Bathing and swimming pool of paid access must, during business hours to the public, be continuously monitored by qualified staff with a diploma issued by the state and defined by regulation.
Violations of the provisions of article L. 322-7 are punishable by the fine for the 5th class ticketing.
The court may, In addition, closing the swimming pool or swimming.
Recidivism is punishable by one month's imprisonment and a fine of 3 750 euros.
The usurpation of the title provided for in article L. 322-7 will be punished with penalties. Article 433-17 of the Penal Code.
The hygiene and safety rules for installation, development and The use of bathades and swimming pools are defined in Articles L. 1332-1 to L. 1332-4 and L. 1337-1 of the Public Health Code
Delegated federations Make regulations concerning the organisation of all events for which they are responsible, in particular with respect to the rules laid down pursuant to Article L. 123-2 of the Code of Construction and Housing.
Any competition, meeting, demonstration or public manifestation of any kind in a discipline Sports, which is not organised or authorised by an approved sports federation, shall be the subject of a declaration to the administrative authority at least one month before the date of the planned
. Prohibit the event when it presents risks to the dignity, physical integrity or health of the participants.
Organize one of the manifestations defined in the first subparagraph of Article L. 331-2 without having made the declaration provided for in the same paragraph, or in violation of a decision to prohibit Application of the second paragraph of the same article shall be punishable by one year imprisonment and a fine of EUR 15 000.
Delegated federations may not delegate their competences for the organisation of sporting events requiring special security conditions.
They report the holding of these events to the authorities of the Police powers. The categories of events concerned by the provisions of the first subparagraph shall be specified by decree
Any natural or legal person of private law, other than sports federations, who organises an open event to the licensees of a discipline which has been the subject of Of a delegation of power in accordance with Article L. 131-14 and giving rise to a prize in money or in kind whose value exceeds an amount fixed by order of the minister responsible for sports, must obtain the authorization of the delegating federation This
shall be subject to compliance with the regulations and technical rules referred to in Article L. 131-16 and to the conclusion between the organiser and the delegated federation of a contract with mandatory provisions Fixed by decree.
Organize a sporting event under the conditions laid down in Article L. 331-5 Without the authorization of the delegated federation is punishable by a fine of EUR 15 000.
Any licensee who participates in A demonstration that has not received the permission of the federation of which it is a member is subject to the disciplinary sanctions provided for by the regulation of that federation.
The organisation of motor vehicle races on roads open to public traffic is subject to the authorisation provided for in Article L. 411-7 of the road code.
The organisation by any person other than the State and the bodies referred to in Article L. 321-1 of sporting events open to the licensees of the federations is subject to the subscription by the organizer of the insurance guarantees Defined in the same Article L. 321-1.
Organisation by any person other than the State of sporting events Involving the participation of land-based motor vehicles is subject to subscription by the organiser of insurance guarantees.
These insurance guarantees cover the civil liability of the organiser, of any person who lends his Organization with the agreement of the organizer and the participants.
Insured persons are third party to each other.
A decree lays down detailed rules for the application of Articles L. 331-9 and L. 331-10, and in particular the control procedures.
The fact for a person organizing a sporting event defined in article L. 331-9 not to take out the insurance guarantees provided for in this article is punishable by six months' imprisonment and a fine of 7,500 euros.
Organizers of Sporting events for profit may be required to provide a service in accordance with the conditions laid down in Article 23 of Act No. 95-73 of 21 January 1995 on security orientation and programming.
Companies covered by Article 1 of Law No. 83-629 of 12 July 1983 regulating private security activities Provide for the monitoring of access to the enclosures in which a sporting event is organised with more than 1500 spectators under the conditions laid down in Article 3-2 of this Law.
The introduction or attempt to introduce by force or by fraud in a sports forum, during public conduct or retransmission A sporting event, alcoholic beverages within the meaning of Article L. 3321-1 of the Public Health Code shall be punishable by one year imprisonment and a fine of EUR 7 500.
The provisions of the first subparagraph shall not apply to persons Authorised to sell or distribute such beverages in accordance with the third to the sixth paragraphs of Article L. 3335-4 of the same Code.
Access in a state of intoxication to a sports body during the course or the public retransmission of a sporting event is punishable by EUR 7 500. The fact that the perpetrator of this offence is guilty of violence which has resulted in total incapacity for work of less than or equal to eight days is punishable by one year imprisonment and a fine of 15 000 euros.
Having, in the state of drunkenness, penetrating or attempting to enter by force or by fraud in a sports forum Proceedings or the retransmission in public of a sporting event shall be punishable by one year's imprisonment and a fine of EUR 15 000.
During a sporting event or the public retransmission of such an event in a sports forum, the fact of causing, by any means, spectators to hatred or violence in respect of The arbitrator, a sports judge, a player or any other person or group of persons is punished with one year's imprisonment and a fine of 15 000 euros.
The introduction, wearing or exhiber of a sporting event, insignia, signs or symbols reminiscting an ideology during the course or the public transmission of a sporting event
attempt to commit the offence under the first paragraph shall be punishable by the same penalties.
The introduction of rockets or fireworks of any kind or of introducing without lawful cause any objects capable of constituting a weapon within the meaning of Article 132-75 of the Code Punishable by three years' imprisonment and 15 000 euros in fines.
The attempt to commit the offence provided for in the first paragraph shall be punishable by the same
The court may also order the forfeiture of the object that served or was intended to commit the offence.
throwing a projectile that poses a danger to the safety of persons in a sports arena during the course or the public retransmission of a sporting event is punishable by up to three years' imprisonment and EUR 15 000 fine.
The use or attempt to use the sports facilities or property of the sports forum as projectile is punishable by the same penalties.
To disrupt a competition or to damage the safety of people or property, entering the competition area of an enclosure Sports, is punished with one year's imprisonment and a fine of 15 000 euros.
Those guilty of one of the Offences defined in Articles L. 332-3 to L. 332-10 of this Code also incur the additional penalty of prohibition of entering or travelling to the vicinity of an enclosure in which a sporting event takes place, for a period which cannot Exceeding five years.
This additional penalty shall also apply to those guilty of one of the offences defined in Articles 222-11 to 222-13, 322-1 to 322-4, 322-6, 322-11 and 433-6 of the Criminal Code where this offence has been committed In a forum where a sporting event takes place or, outside the enclosure, in direct relation to a sporting event.
When a person is convicted of a legal offence for one of the offences referred to in article L. 332-11, the additional penalty provided for in that article may also be imposed.
Any person who enters or visits, in violation of the prohibition penalty provided for in Articles L. 332-11 and L. 332-12, In or around an enclosure where a sporting event takes place is punishable by two years' imprisonment and a fine of EUR 30 000.
The person sentenced to the additional penalty defined in the first subparagraph of Article L. 332-11 may be Required by the court to respond, at the time of sporting events, to the summons of any authority or any qualified person designated by it. It is punishable by two years' imprisonment and a fine of 30 000 euros for a fine.
Where the convicted person is a foreign national and has his domicile outside France, the court may, if the gravity of the facts justified, decide instead of the additional penalty defined in the first paragraph Article L. 332-11 of the prohibition on French territory for a period of up to two years.
In conditions specified by decree in the Conseil d' Etat, the prefect of the department or, in Paris, the prefect of the police may communicate to the approved sports federations and associations of supporters mentioned in Article L. 332-17 the identity Persons who have been sentenced to the additional penalty pursuant to Articles L. 332-11 to L. 332-13.
When, by its overall conduct during sporting events, a person constitutes a threat to the public order, the State representative in the département and, in Paris, the prefect of the police may, by reasoned order, To impose a ban on entering or travelling to the vicinity of the premises where such events are taking place or are transmitted in public.
The order, valid in the national territory, establishes the type of Sports events concerned. It may not exceed three months.
The representative of the State in the department and, in Paris, the prefect of the police may also impose, by the same order, the person who is the subject of this measure the obligation to reply, to the The time of the sporting events subject to the prohibition, to the summonses of any authority or qualified person designated by it.
The fact, for the person, not to comply with any of the orders made pursuant to the A fine of 3,750 euros.
A decree of the Council of State lays down the rules for the application of this Article.
Registered sports federations, supporters' associations and associations for the prevention of violence during sports events approved by the minister responsible for sports and all Other association having as its social object the fight against racism, xenophobia and anti-Semitism and having been declared for at least three years at the time of the events may exercise the rights granted to the civil party in respect of the Offences referred to in Articles L. 312-14 to L. 312-17 and L. 332-3 to L. 332-10.
Sports federations, as well as sports event organisers referred to in Article L. 331-5, own the right The exploitation of the sports events or competitions which they organise.
Any sports federation may assign to the sports companies, free of charge, the ownership of all or part of the audiovisual exploitation rights of the competitions or Sports events organised each season by the professional league that it has created, since these companies participate in these competitions or sporting events. The transfer is then granted to each of these companies.
Audiovisual operating rights transferred to corporations Sports are marketed by the professional league in conditions and limits specified by decree in the Council of State.
This marketing is carried out with the creation of lots, for a limited duration and in accordance with the rules of the Competition.
In order to guarantee the general interest and the principles of unity and solidarity between activities at Professional and amateur activities, the products of the marketing by the league of company operating rights are distributed between the federation, the league and the companies.
The share of these products intended for the Federation and the league for the league are fixed by the convention between the federation and the corresponding professional league.
The products returning to the companies are redistributed according to a principle of mutualisation, by holding Account of criteria adopted by the league, based in particular on the solidarity between the companies, as well as their sporting performances and notoriety.
Sports federations, sports companies and organisers of sporting events cannot, in their capacity as holder of the rights of exploitation, impose on the Athletes participating in a demonstration or competition no obligation affecting their freedom of expression.
The increase in assets resulting from the assignment of the audiovisual rights under Article L. 333-1 for the beneficiary sports companies is not taken into account for the determination of their taxable results In respect of the year in which the assignment is made. The charges relating to the increase in assets of these companies cannot be deducted from their taxable results.
The assignment by the sports federations of their audiovisual exploitation rights provided for in the second paragraph of the same Article is also irrelevant to the results they produce in respect of the exercise in which the transaction occurs
The access of journalists and employees of the written or audiovisual information undertakings to the sports arenas is subject to the Constraints directly related to the safety of the public and the athletes, and to the hosting capacities.
However, unless authorized by the organizer, the services of communication to the public by electronic non-transferees of the right of exploitation The
federations which have been delegated to organise the competitions referred to in Article L. 131-15 may, in Respect for the right to information, propose a regulation approved by the administrative authority after the opinion of the Conseil supérieur de l' audiovisuel. This Regulation defines the constraints of the discipline under consideration and the type of event or competition, as well as places made available to the persons mentioned in the first paragraph.
The assignment of the right of exploitation of a sporting event or competition to a service of communication to the public by electronic means cannot Impeding public information by other services of communication to the public by electronic means.
The seller or the purchaser of this right may not object to the dissemination by other services of communication to the public by means of Electronic, short extracts taken free of charge from the images of the transferees and freely chosen by the non-assignee service of the right of exploitation which broadcasts them.
These excerpts are distributed free of charge in the course of the Information broadcasts.
Their distribution is accompanied in all cases by sufficient identification of the service of communication to the public by electronic means assignee of the right of exploitation of the event or competition.
The assignment of the right of exploitation of a sporting event or competition to a service of communication to the public by electronic means does not constitute an obstacle to the making and free broadcast by any audio broadcasting service, On all or part of the territory, whether live or offline, of the oral comment of this event or of this competition.
A Council of State decree, taken after the opinion of the High Council of the Audiovisual Media, establishes, as appropriate, the Conditions of application of this Article.
Assignment of the right of exploitation of an event or of a Sports competition to a service of communication to the public by electronic means does not preclude the partial or full dissemination of this event or competition by another service of communication to the public by way of means Electronic when the assignee of the right of exploitation does not ensure the live broadcast of significant excerpts from the sporting event or competition.
An order in Council of State, taken after the opinion of the Conseil supérieur de The conditions for the application of this Article, taking into account, in particular, the nature and duration of the event or competition. This Order also specifies the conditions under which broadcast live broadcast is delayed to an hour of high listening or delayed due to serious reasons.
Major sporting events are retransmitted under the conditions set out in Articles 20-2 and 20-3 of Law No. 86-1067 of 30 September 1986 on freedom of communication
As stated in Article 53 of Law No. 2005-1719 of 30 December 2005 For 2006, a levy carried out each year under the conditions laid down by the law of finance on the sums mised on the games exploited in France and in the overseas departments by La Française des jeux is assigned to the establishment Public responsible for the development of sport.
As stated in Article 53 of Law No. 2005-1719 of 30 December 2005 Finance for 2006, a contribution on the assignment to any television service of the rights to broadcast sporting events or competitions collected under the conditions laid down in Article 302 bis ZE of the General Tax Code shall be affected To the public institution responsible for the development of sport. The product of this contribution is intended to finance the development of local sports associations and the training of their animators
The provisions of this Code apply to Mayotte, to The exception of Articles L. 111-2, L. 112-1, L. 112-2, L. 221-13, L. 222-2, L. 222-3, L. 222-4, L. 311-3, L. 311-6 and L. 332-16.
References to non-applicable provisions in the community are replaced by references to provisions with the same applicable object.
For the application of this code to Mayotte, the word: " Department " Is replaced by the word: " Community ".
Articles L. 112-1, L. 112-2 and L. 333-5 of this Code are not applicable to Saint-Pierre-et-Miquelon.
Les References to non-applicable provisions in the community are replaced by references to provisions with the same applicable object.
For the application of this code to Saint-Pierre-et-Miquelon, the word " Department " Is replaced by the word: " Community ".
Applicable in the Wallis and Futuna Islands the provisions of Articles L. 231-5 and L. 333-9
Done at Paris, May 23, 2006.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
Minister of Youth, Sports
et de la vie associative,
Jean-François Lamour
The Minister for Overseas,
François Baroin
