If you are a sports agent / intermediary from a country member of the European Union (EU) or a State party to the European Economic Area (EEA) Agreement, how can you be authorized to be a sports agent in France?Here is a brief non-exhaustive summary of the conditions set by the Law.[Part 1]
In France, the activity of sports agent is defined by the law
In France, the activity of sports agent is regulated by articles L.222-5 et seq. of the French Sports Code.
French legislative provisions relating to sports agents are imperative. They therefore apply to all sports agent activity, within the meaning of the Sports Code, located on French territory.
Article L. 222-7 of the French Sports code defines the activity of sports agent as putting a player or a trainer in contact with a club, in exchange of a fee / commission, in order to conclude an employment or transfer contract..
The requirement for a sports agent license in France
Article L.222-7 of the Sports Code
Article L.222-7 of the French Sports Code requires a sports agent's license to operate as a sports agent in France.
The license is issued by the delegated federation of the sport discipline concerned (the delegation, of public service mission, is granted by the State to a single federation per sport discipline. For example, for football, the delegation is only granted to the French Football Federation - FFF).
The license must be obtained by a individual, who must pass a sports agent exam organized by the sports federation of the discipline concerned.
A possible equivalence for European sports agents (EU / EEA)
The European sports agent can:
- "settle down" in France (Article L.222-15 Sports Code);
- obtain an authorization from the sports federation on "temporary and occasional bases" to exercise the activity of sports agent in France (Article L.222-15 Sports Code);
- or, conclude a "presentation convention" (Article L.222-15-1 Sports Code) with a sports agent holding the license issued by the competent sports federation (for a one-off practice).
To "settle down"permanently in France or obtain a"provisional authorization" (authorization generally granted for the duration of a sports season), the European sports agent must obtain recognition of their qualifications by the sports federation of the discipline concerned.
How to obtain the recognition of qualification of sports agent in France?
- Make a prior Declaration to the competent federation one month before the beginning of the activity.
- Have sufficient knowledge of the French language. If the federation has doubts, it can question the sports agent.
- Prove to have an equivalent qualification to that of the sports agent's license in France, or of an activity during the last ten years, for at least one year full time (or for a total equivalent period on a part-time basis).
- Justify of his residence status in a European country (or a State party to the European Economic Area - EEA Agreement).
If all legal conditions are met, Competent federation will render a decision (for example, for the French Football Federation, by its Federal Commission of Sports Agents) , promising will allow (or not) theEuropean sports agent / intermediary to exercise the activity of sports agent in France, or, or on a permanent bases (if he sets up his activity in France), or, or on a temporary and occasional bases (as part of a provisional authorization).
It should also be noted that the l'authorization delivered on temporary and occasional bases can be renewed season per season (always through the same process each year of prior declaration and justification, renewed, of qualification and European citizenship).
Article L.222-15 of the Sports Code
- When they are qualified to exercise it in one of the States mentioned in the first paragraph of this article in which the profession or training of sports agent is regulated;
- Or when they have exercised, during the previous ten years, for at least one year full-time or for a total equivalent period of part-time, the profession of sports agent in one of the States mentioned in the first paragraph in which neither the profession or training as a sports agent are not regulated and they hold one or more certificates of competence or a training certificate issued by the competent authority of the State of origin
A decree in Council of State sets the conditions to which the exercise of the activity of sports agent is subject by nationals of the European Union or of a State party to the agreement on the European Economic Area wishing to '' establish on the national territory, when there is a substantial difference in level between the qualification which the interested parties avail themselves of and the requirements required to obtain the license referred to in Article L. 222-7.
The activity of sports agent can also be exercised on a temporary and occasional basis by nationals legally established in a Member State of the European Union or in a State party to the Agreement on the European Economic Area in compliance with the Article L. 222-11. However, when neither the activity concerned nor the training allowing it to be exercised are regulated in the Member State of establishment, its nationals must have exercised it for at least one year full-time or part-time for a period of time. total equivalent, during the ten years preceding its exercise in the national territory.
Nationals of a Member State of the European Union or of a State party to the Agreement on the European Economic Area must, prior to exercising the activity of sports agent on national territory, including temporary and occasional, declare it to the competent delegated federation in accordance with the terms defined by decree of the Council of State.
The presentation agreement with a French sports agent
Finally, for a one-off activity, the European sports agent / intermediary can also conclude, with a sports agent authorized to practice his profession in France (i.e. holder of a sports agent license, valid, issued by a delegated French sports federation), a "Presentation convention".
Moreover, for sports agents / intermediaries from outside the EU / EEA, only the Presentation Agreement is legally possible if they wish to have (punctually) a sports agent activity in France.
La Presentation convention is the subject of the second part of this article.
