Key Benefits:
The Prime Minister,
On the report of the Minister of Youth, Sports and Associative Life,
In light of Act No. 83-634 of 13 July 1983 amended on the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 amended on statutory provisions relating to the public service of the State, Act No. 84-53 of 26 January 1984 amended on statutory provisions relating to the territorial public service and Act No. 86-33 of 9 January 1986 amended on statutory provisions relating to the public hospital service;
Having regard to amended Act No. 84-610 of 16 July 1984 on the organization and promotion of physical and sport activities, including Article 16 V;
Having regard to amended Decree No. 86-83 of 17 January 1986 relating to the general provisions applicable to non-State officials under Article 7 of Act No. 84-16 of 11 January 1984, which provides statutory provisions for the public service of the State;
Having regard to amended Decree No. 90-437 of 28 May 1990, setting out the conditions and procedures for the payment of costs incurred by the movement of civilian personnel on the metropolitan territory of France when they are responsible for the budgets of the State, national administrative public institutions and certain subsidized agencies;
Considering the advice of the Departmental Joint Technical Committee of the Ministry of Youth and Sports of 18 October 2005;
The State Council (inland section) heard,
Decrete:
The duties of sports technical advisers who may be carried out with sports federations under the second paragraph V of section 16 of the above-mentioned Act of 16 July 1984 are those of national technical director, national coach, national technical adviser or regional technical adviser.
These missions focus on the development of physical and sporting activities, in particular on sporting practice in sports associations, as well as on the detection of young talents, the development of the elite and the training of professionals, volunteers and professionals.
The mission of the National Technical Director is to contribute to the definition of federal sport policy, to ensure its implementation and to contribute to its evaluation. As part of his mission, he directs and directs the national technical leadership of the federation.
The mission of the national coach is to supervise the members of the teams of France and to participate in the animation of the sector of access to the high-level sport of the federation.
The missions of national technical adviser and regional technical adviser are, respectively, to carry out, at the national level and at the territorial level, tasks of observation and analysis, advice and expertise, coaching of athletes, training of managers, organization and development of the sport activity of the federation concerned.
Personnel carrying out these missions are responsible for implementing the sport policy defined by the federation. This policy is subject to contracts with the State within the framework of each objective agreement provided for in the second paragraph of Article 16 of the Act of 16 July 1984 referred to above.
Personnel carrying out the duties of sports technical advisers shall remain subject to the authority of the Minister responsible for sports or the chief of duty for the duration of their duties.
Personnel performing the duties of sports technical advisers are designated by order of the Minister responsible for sports after notice:
- the president of the interested federation, for those who are responsible for the mission of the national technical director;
- the national technical director or, in the absence of a national technical director, the only president of the interested federation, for those responsible for a national coach or national or regional technical adviser mission.
The duration of the missions of sports technical advisers may not exceed four years. These missions are renewable.
The Minister responsible for sports may terminate these missions before the term fixed, on his or her own initiative or, where applicable, at the request of the officer or the president of the federation, subject to compliance with notice provided in the framework agreement referred to in section 8. However, in the event of an emergency, these missions may be terminated without notice.
Every year, the Minister for Sport sets out a state of the number of agents paid by the State exercising the duties defined in Article 1 and their distribution between the different sports federations.
This is included in the annual departmental activity report.
The staff carrying out the mission of the National Technical Director shall, in accordance with the President of the relevant federation, prepare, on a multi-year basis, updated national technical guidelines each year. They inform the Minister of Sports and then address them to national coaches, national technical advisors and regional technical advisors.
Functional relations between, on the one hand, agents carrying out missions of sports technical advisers and, on the other hand, as the case may be, the president of the federation, the regional league or the interested regional committee are specified in the framework agreement provided for in Article 8. These officers are, as the case may be, noted or evaluated by the Minister responsible for sports in the light of elements provided by the federation under conditions specified in the framework agreement.
The officer who performs the mission of sports technical advisor receives compensation from the State. He is compensated for the costs and hardships to which he is exposed in the exercise of his mission.
An annual or multi-year mission letter, if the circumstances appreciated by the Minister responsible for sports warrant, sets out, for each officer carrying out a mission as a sports technical advisor, the detailed content of the tasks entrusted to him and his or her modalities of intervention. It sets the duration of these missions.
It is established by the Chief of Service, after the advice of the agent concerned, on the basis of proposals made by:
- the president of the federation, for personnel carrying out a mission of national technical director;
- the National Technical Director, for staff engaged in a national coaching or national technical advisor;
- the national technical director after notice of the president of the league or regional committee, for personnel carrying out a mission of regional technical adviser.
A framework agreement, signed by the Minister for Sport and by the President of the Federation, sets out, for a period not exceeding four years, the number of officers capable of carrying out their duties with the Minister at the national and territorial levels and defines the modalities for carrying out their interventions. It is updated, if any, annually.
It specifies the conditions for the organization and management of the professional training activities of these agents.
This framework agreement is complemented by regional technical team conventions signed by the regional directors of youth and sports and the presidents of the leagues or regional committees, when staff perform missions of sports technical advisers under the responsibility of these regional directors.
Staff engaged in the mission of a sports technical advisor must exercise professional discretion for all facts, information or documents they are aware of, inter alia, the department responsible for sports and the federation to which they operate.
Their missions are incompatible with any elective function within the governing, local, departmental, regional or national bodies of the federation to which they carry out these missions.
They are also incompatible with any activity of a sports agent.
The provisions of this Decree shall apply to Mayotte.
The Minister of Economy, Finance and Industry, the Minister of Public Service, the Minister of Overseas, the Minister of Youth, Sports and Associative Life and the Minister Delegate for Budget and Reform of the State, the spokesman of the Government, are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, December 28, 2005.
Dominique de Villepin
By the Prime Minister:
Minister of Youth, Sports
and associative life,
Jean-François Lamour
Minister of Economy,
finance and industry,
Thierry Breton
The Minister of Public Service,
Christian Jacob
The overseas minister,
François Baroin
Minister for Budget
and the reform of the state,
Government spokesperson,
Jean-François Copé
