<figure><img src="image_1.png" /></figure>

HAL
open science

# Anti-doping: new rules for the trafficking of doping products

Marc Peltier, Bruno Quentin

<figure><img src="image_2.png" /></figure>

## To cite this version:

Marc Peltier, Bruno Quentin. Anti-doping: new rules for the trafficking of doping products. World Sports Law Report, 2008, pp.15. hal-05021633

HAL Id: hal-05021633

https://hal.science/hal-05021633v1

Submitted on 4 Apr 2025

HAL is a multi-disciplinary open access archive for the deposit and dissemination of scientific research documents, whether they are published or not. The documents may come from teaching and research institutions in France or abroad, or from public or private research centers.

L'archive ouverte pluridisciplinaire HAL, est destinée au dépôt et à la diffusion de documents scientifiques de niveau recherche, publiés ou non, émanant des établissements d'enseignement et de recherche français ou étrangers, des laboratoires publics ou privés.

<figure><img src="image_3.png" /></figure>

Distributed under a Creative Commons Attribution 4.0 International License
# TOUGHER ANTI-DOPING LEGISLATION IN FRANCE

On 3 July, only a few days before the *Tour de France* started, the French government toughened its anti-doping legislation by passing a new law against the traffic of doping products. France was one of the first countries to pass an anti-doping law in 1965. Users and purveyors of doping substances could then be prosecuted. The prosecution of athletes turned out to be a real failure and a new law was adopted in 1989, which distinguished between users and purveyors of doping substances. Since the passing of this law, users, i.e. athletes, may incur disciplinary sanctions delivered by sports federations, while purveyors remain subject to criminal sanctions. The new law reconsiders this distinction with a view to improving French legislation against doping product trafficking<fnref n="1" />. However, it is also another step towards the integration of the principles of the World Anti-Doping Code.

## I A NEW LAW TO IMPROVE FRENCH ANTI-DOPING LEGISLATION

Pursuant to Article L.232-10 of the French Sports Code, it is forbidden to prescribe, grant, offer, administer or apply to athletes taking part in competitions one or more prohibited substances or methods, or facilitate or encourage their use<fnref n="2" />. The new law introduces a specific offence to fight the traffic of doping products by adding prohibitions to produce, manufacture, import, export, transport, hold or purchase doping products to be used by an athlete<fnref n="3" />, without proper medical reason. Under the new measures, offenders may receive up to five years in jail and a 75,000-Euro fine. The penalty is increased to seven years in prison and a fine of 150,000 Euro when the offence is committed as part of an organised group or against a minor.

The most discussed novelty is the criminalisation of an athlete's possession of doping products for his/her personal use, thus involving prison sentences of up to one year and fines of up to 3,750 Euro. Possession of doping substances or methods can only be justified by a therapeutic use exemption or any other acceptable medical justification. Under the new law, athletes caught in possession of doping products incur both disciplinary and criminal sanctions. This new offence should enable investigators to dismantle doping products traffic networks. Considering that possession is easy to detect, prosecutions may be launched against the athlete and investigators may in this way trace the origin of the connection.

As far as prosecutions are concerned, civil action may be taken in respect of anti-doping offences. However, civil action taken by sports institutions is restrained. Pursuant to Article L.232-30 of the French Sports Code, the French National Olympic and Sports Committee may take civil action in respect of offences committed on the occasion of competitions for which it is responsible. Sports federations may also take civil action with regard to matters of their own concern, except when the perpetrator of the offence is subject to

<footnote n="1">¹ The new law also has specific provisions concerning New Caledonia, which, as a French overseas country, is governed by special rules, and the fight against animal doping.</footnote>

<footnote n="2">² The new law expressly refers to the “Prohibited List”, which appears in Annex I to the International Convention against Doping in Sport and identifies the prohibited substances and methods.</footnote>

<footnote n="3">³ We fear that such a purpose may be difficult to determine.</footnote>
their own disciplinary powers. The purpose of these restrictions is to prevent one and the same person from combining the authority to decide disciplinary sanctions and the rights of the civil party. The new law is based on the same principle and grants the French Anti-Doping Agency the authority to take civil action provided that it does not exercise a disciplinary sanction authority on the athlete<fnref n="4" />.

## II A NEW LAW TO HARMONISE FRENCH LEGISLATION WITH INTERNATIONAL RULES

International cooperation and coordination, through the harmonisation of anti-doping standards, are necessary to fight doping in sports. International conventions have been concluded within the Council of Europe and the UNESCO, especially, for the latter, the International Convention against Doping in Sport (2005). These conventions, which are fully recognised under international public law, add to the World Anti-Doping Code adopted by the World Anti-Doping Agency, which is a Swiss private law foundation.

The new law has been passed to comply with international rules. The states, among them France, who have ratified the International Convention against Doping in Sport, have undertaken to “adopt appropriate measures at national level, which are consistent with the principles of the Code”. Among the new provisions, new powers are granted to the French Anti-Doping Agency:

- The French Anti-Doping Agency has the power to recognise therapeutic use exemptions issued by international or national sports federations in accordance with the International Convention against Doping in Sport concluded within the UNESCO.

- The French Anti-Doping Agency has always had jurisdiction to inflict disciplinary sanctions on athletes who are not licensed in France, but take part in training sessions or competitions in France. Pursuant to the new law, the French Anti-Doping Agency may ask the federation that organised or authorised the competition to cancel the individual's result or ranking. As a consequence, the athlete will be deprived of any medal, point or prize he/she would have won<fnref n="5" />. Under the previous legislation, this decision could only be made against an athlete affiliated to a French sports federation. The new law allows for such a decision to be made against all athletes, affiliated or not to a French sports federation.

<footnote n="4">⁴ Pursuant to Article L.232-22 of the French Sports Code, the French Anti-Doping Agency has jurisdiction to inflict disciplinary sanctions on non-licensed persons taking part in training sessions or competitions and on persons coming under the disciplinary authority of a sports federation when it has not reached a decision. The French Anti-Doping Agency may also set aside decisions taken by sports federations or extend them to the activities of the person concerned within other federations. In these cases, under the new law, seizing the French Anti-Doping Agency does not automatically suspend the sanction. Once the French Anti-Doping Agency is seized, it decides whether the sanction should be applied or suspended.</footnote>

<footnote n="5">⁵ Pursuant to Article 9 of the World Anti-Doping Code, “an anti-doping rule violation in connection with an in-competition test automatically leads to disqualification of the individual result obtained in that competition with all resulting consequences, including forfeiture of any medals, points and prizes”.</footnote>
## CONCLUSION

A new law was probably necessary to ensure that French law is in compliance with the principles of the World Anti-Doping Code. Yet, the harmonisation is incomplete. This new law is only a first step, passed quickly before a major sporting event. Other steps are expected, especially to comply with the principles of the revised World Anti-Doping Code that will come into force on 1 January 2009.

Bruno Quentin
Partner Gide Loyrette Nouel AARPI (Paris)
quentin@gide.com

Marc Peltier
Associate Gide Loyrette Nouel AARPI (Paris)
Senior lecturer at the University of Nice Sophia-Antipolis
Member of the sports law centre (ERMES research laboratory)
marc.peltier@gide.com