Decree of 24 February 2022 on the delegation granted to sports federations 

Bertrand Cabinet
07.03.22 15:57 Comment (s)
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Le decree of February 24, 2022 relating to the conditions for granting and withdrawing the delegation granted to sports federations as well as the content and terms of the delegation contract, was published in the Official Journal on February 25, 2022. It specifies the conditions for granting, refusing and withdrawal of the delegation. 

The conditions for granting delegation to a sports federation

The delegation contract

Since the law of August 24, 2021 confirming respect for the principles of the Republic, the granting of the delegation is conditional on the conclusion of a delegation contract between the State, represented by the ministry in charge of sports, and the federation concerned, in application of the new wording of article L. 131-14 of the Sports Code. 

The decree of February 24, 2022 provides details on the content of the delegation contract which will include: 
  1. The list of recognized high-level disciplines; 
  2. The commitments made by the federation within the framework of the guidelines set by the Ministry in charge of sports for the development of its national federal strategy; 
  3. The axes and objectives of the federation's development project in the event of the delegation of a discipline dedicated to the practice of people with disabilities; 
  4. The support systems implemented by the State or through the National Sports Agency (ANS) for carrying out the actions planned by the national strategy of the federation;
  5. The conditions for monitoring the commitments made by the federation and the State. 

Attached to the delegation contract must also include the republican contract of engagement, created by the law of 24 August.


«In each sporting discipline and for a fixed period, only one approved federation receives delegation from the minister in charge of sports.

The granting of the delegation is subject to the conclusion of a delegation contract between the State, represented by the Minister in charge of sports, and the federation concerned, the duration of which is fixed by decree in Council of State».
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The new documents

Among the main changes, as of January 1, 2023, the federation, when it forms its request for delegation, exhaustively lists in its statutes the sports disciplines for which it organizes the practice ( Article R. 131-25 of the Sports Code). 

The delegation request contains ( Article R. 131-26 of the Sports Code
  • A presentation of the national strategy aimed at promoting the principles of the republican contract of engagement; 
  • An official calendar of organized or authorized competitions; 
  • A medical monitoring schedule for licensees registered on the list of high-level athletes; 
  • Any additional documents fixed by order of the Ministry in charge of sports. 

Delays

The provisions relating to the presentation of the request for delegation and its starting point have also undergone some modifications. 

Regarding the presentation, the request for delegation or its renewal must be submitted no later than June 30 of the year following that of the Summer Olympic and Paralympic Games or during which the Winter Olympic and Paralympic Games are held, and no longer before September 30 ( article R. 131-26-3 of the Sports Code). 

Regarding the starting point of the delegation, it is granted from 1 January of the second year following that of the Summer Olympic or Paralympic Games or from 1 January of the following year for the Winter Olympic and Paralympic Games ( article R. 131-26-2 of the Sports Code). 

The validity period does not change because the delegation is granted for a period of 4 years.

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Refusal or withdrawal of the delegation granted to a sports federation

The decree of February 24, 2022 specifies the conditions for refusal and withdrawal of the delegation. 

Delays

An addition completes the reasons for refusing a delegation that already exist: the Ministry responsible for sports may now refuse a renewal of delegation in the event of non-compliance with the commitments set out in the delegation contract  (Article R. 131-29 of the Sports Code). 

Withdrawal

With regard to the conditions of withdrawal, here again, the novelties concern the two contracts created by the law of August 24, 2021. The delegation may be withdrawn in the event of failure to respect the commitments of the delegation contract on the one hand, and republican contract of engagement on the other hand (Article R. 131-30 of the Sports Code). 

Transition period

For federations whose delegation normally expired on December 31, 2021, an additional period of until July 31, 2022 granted to them to conclude the new delegation contract. If the delegation contract is not concluded before this date, the delegation will automatically cease (article 4 of the decree of February 24, 2022). 

On the same theme, see the following articles:

Sport Code: amendment of the provisions of the regulatory part

[01.09.2017]

[20.11.2016]

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