Decree n ° 2017-1269 of August 9, 2017 (published in the Official Journal of August 11, 2017) simplifies, updates and corrects various provisions of the regulatory part of the Sports Code. A decree of 24 August 2017 relating to the electronic publication of the regulations of delegated sports federations completes this Decree.
Decree No. 2017-1269 of August 9, 2017 amending the provisions of the regulatory part of the Sports Code
This Decree concerns sporting federations, licensees, sports educators, deconcentrated services of the State, as well as persons holding certain diplomas issued by the ministry responsible for sports.
It shall enter into force on the day following its publication, with the exception of its Articles 1er and 2, which shall be applicable from 1XXXXXXX.
In detail, this Decree:
- generalizes the dematerialization of the publication of regulatory decisions taken by delegated sports federations (1 articleer and 2 of the Decree, article R.131-6 Sport Code and 5.5 of Annex I-5 of the same code : publication of the regulations of sports federations in electronic form);
- clarifies and corrects some of the provisions of the model disciplinary regulations (Article 3 of the Decree, Annex I-6 of the Sport Code: relating to the person prosecuted, the persons assisting or representing him), finally adds the consequences of the temporary withdrawal of the license during the period of the sanction in point 13 of the "Article 22 of Annex I-6 of the Sport Code ;
- also specifies the legal framework of the qualification obligation to which certain holders of diplomas issued by the ministry responsible for sports are subject (article 4 of the Decree, Article R.212-1 Sport Code) ---> Refresher training may be provided for in the regulations in order to ensure the maintenance of professional skills in matters of safety for riders and third parties. The contents and organizational methods are fixed by order of the Minister in charge of sports;
- replace them articles R. 212-85 and R. 212-86 of the Sport Code and specifies the procedures for the prior declaration of activity for any person wishing to carry out one of the activities mentioned in the first paragraph of I of Article L.212-1 of the Sport Code, as well as those relating to persons benefiting from a professional sports instructor card (Article 5 of the Decree);
- expands the list of beneficiaries eligible for grants awarded by the National Center for the Development of Sport (CNDS) to higher education and research institutions (Article 7 of the Decree, s. the 7rd paragraph of article R.411-2 of the Code of Sport).
Order of 24 August 2017 relating to the electronic publication of the regulations of delegated sports federations
The decree of 24 August 2017 (published in OJ No. 202 of 30 August 2017) clarified one of the essential points of the aforementioned Decree, namely the dematerialization of the regulations of the delegated sports federations.
Starting from 1er January 2018, the delegated sports federations, and only the latter, will be able to dispense with the obligation to publish their federal regulations in the official gazette and will only have to make them available to the public in electronic form throughout the period of validity of 1er July of year N to 30 June of year N + 1.
As such, the decree provides:
- The deletion of Articles A. 131-1 and A. 131-2 of the Sports Code which provided for the obligation for delegated sports federations to publish their regulatory decisions in one of the bulletins appearing on a list drawn up by the Minister responsible for Sports after opinion of the French National Olympic and Sports Committee (CNOSF);
- The new provisions of article A. 131-3 of the same code: " The regulations of the delegated sports federations are made available to the public in electronic form for the duration of their validity. ».
- The modification of articles A. 131-4, -5 and -6 of the same code.
