New provisions for sports trainers and sports agents

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09.01.17 18:41 Comment (s)
modification of the conditions for exercising the professions of sports educator and sports agent in France by European nationals

Ordinance No. 2016-1809 of 22 December 2016 on the recognition of professional qualifications of regulated professions amended certain provisions of the Sports Code concerning the professions of sports educator and sports agent exercised by nationals of the Union European (and EEA).

The exercise of the functions of sports educator by nationals of the European Union (and the EEA)

Article 19 of the Ordinance amended article L.212-7 of the Sports Code :

"1 ° The first two paragraphs are replaced by the following provisions:
"The functions mentioned in the first paragraph of Article L. 212-1 may be exercised on national territory by nationals of Member States of the European Union or of States party to the Agreement on the European Economic Area, who are qualified to practice in one of these States.
“These functions may also be exercised, on a temporary and occasional basis, by any national legally established in a Member State of the European Union or in a State party to the Agreement on the European Economic Area. However, when the activity concerned or the training leading to it is not regulated in the State of establishment, the service provider must have exercised it, in one or more Member States of the European Union or parties to the agreement on the European Economic Area, full-time for at least one year or part-time for a total equivalent duration, during the ten years preceding the service. ";

2 ° This article is supplemented by a paragraph worded as follows:
“This decree also specifies the conditions and modalities of partial access to the profession of sports educator. "
".

Thus, nationals of States of the European Union, where activity is not regulated, must have exercised their activity in their State only for a period of one year full-time or part-time during the 10 years preceding the service in France (2 years previously).

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The exercise of the activity of sports agent by nationals of the European Union (and the EEA) 

The article 20 of the Order amends for his part article L.222-15 of the Sports Code :

"1 ° The 2 ° is worded as follows:
"2 ° 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 nor the training of sports agent are regulated and that they hold one or more certificates of competence or a training certificate issued by the competent authority of the State of origin ”;

2 ° In the fifth paragraph, the words: “two years” are replaced by the words: “one year full-time or part-time for a total equivalent duration,”".

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Here again, the duration of the activity of an agent in an EU Member State which does not regulate the activity is reduced to 1 (instead of 2) during the previous 10 years.

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Note: TheArticle R.222-23 of the Sports Code still provides for a period of 2 years of activity. A new Decree should therefore be implemented quickly in order to bring this article into conformity with the aforementioned new article L.222-15.

On the same theme, see the following articles:

European citizen (EU / EEA), how to be authorized to be a sports agent in France?

[10.05.2021]

Homologation - Sportsman's employment contract

[26.09.13]

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