Monegasque sports law: Bill No. 1088 on sport passed

Bill No. 1088 on sport (145 articles), received by the Parliament on 19 December 2023 and referred to the Committee on Education, Youth and Sport, was adopted on 5 November 2026. The rules for its implementation are laid down by sovereign order and ministerial order.

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SUMMARY

The law passed establishes a general legal framework governing the organisation and administration of sport in Monaco, covering athletes (amateur or professional), institutional stakeholders (the State, the Municipality, the Monegasque Olympic Committee, the Monegasque Anti-Doping Committee, sports associations and sports federations), paid instructors (sports educators, trainers or coaches), sports agents, and organisers and operators of sporting events.

The Law represents “a powerful symbol: the birth of a Monegasque "sport law" characterised by distinct features that reflect the uniqueness and identity of the Principality”. It addresses the “major challenges facing sport today, notably the protection of athletes’ health, the safety and integrity of sporting activities, taking into account the educational and environmental aspects of sporting activities, and supporting economic activities linked to the sports sector (commercial exploitation of sporting events, sports education and sports agents)" (Explanatory Memorandum to Bill No. 1088).

In summary, the law passed:

• sets out the institutional organisation of sport by clarifying the roles and responsibilities of the State, the Local Authority ("Commune"), the National Sports Committee, the Monegasque Olympic Committee, the Monegasque Anti-Doping Committee, and sports associations and federations; creates a“sport label” for sports associations; regulates public funding and access to sports facilities;
• strengthens the protection of athletes’ health, dignity and safety: prevention of violence and harassment (statutory provisions, background checks on coaches and supervisors, including volunteers), modernisation of medical monitoring, specific criminal offences relating to doping (including animal doping);
• addresses the elite sport: status of elite athletes ("sportif de haut niveau") and "promising"athletes ("sportif "espoir""), adjustments to school timetables, introduction of sport-related leave, extension of elite athlete agreements to non-Olympic disciplines, code of ethics;
• ensures the safe organisation of sporting events, particularly international competitions, in accordance with Monegasque legislation (insurance requirements, administrative authorisation, offences relating to event safety) and enshrines the organiser’s right to exploit the event (partnerships, broadcasting rights, sports betting);
• regulates the provision of sports coaching for remuneration (qualifications, good character, insurance, administrative authorisation, professional sports coach licence and use of public land) and the activities of sports agents (prior authorisation, incompatibilities and disqualifications, remuneration).

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IN DETAIL • Overview and purpose of the legislation passed

Before the law was passed, only certain aspects of sports law are covered in the Principality of Monaco, in scattered texts.

See in particular: Law no. 538 of 12 May 1951 creating and organising a medical inspection service for schools and sportsmen and women; Law no. 1.355 of 23 December 2008 concerning associations and federations of associations; Law no. 1.144 of 26 July 1991 concerning the exercise of certain economic and legal activities; Law no. 1. 056 of 27 May 1983 on the protection of the name or titles and image of persons; Law no. 1.430 of 13 July 2016 on various measures relating to the preservation of national security; Law no. 1.058 of 10 June 1983 on trademarks and service marks; Law no. 1.334 of 12 July 2007 on education; Sovereign Order no. 688 of 31 December 1952 establishing a Monegasque Olympic Committee; Sovereign Order no. 15.656 of 7 February 2003 establishing a Monegasque Anti-Doping Committee; Ministerial Order no. 2003-532 of 21 October 2003 on the organisation and conduct of anti-doping tests; Ministerial Order no. 2003-531 of 21 October 2003 on the approval, swearing-in and initial and ongoing training of doctors responsible for anti-doping tests; Ministerial Order no. 2003-533 of 21 October 2003 on prohibited substances and methods and on Therapeutic Use Exemptions; Sovereign Order no. 4. 346 of 25 October 1969 creating a higher committee for various artistic, cultural and sporting events and festivals; Sovereign Order no. 959 of 7 February 2007 implementing the International Convention against Doping in Sport (UNESCO); Sovereign Order no. 16. 248 of 11 March 2004 implementing the European Convention on Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches, signed in Strasbourg on 19 August 1985; Sovereign Order no. 6.832 of 8 March 2018 implementing the Convention on an integrated approach to security, safety and services at football matches and other sports events, signed in Saint-Denis on 3 July 2016.

The Explanatory Memorandum to Bill no. 1088 points out that the absence of general legislation "for decades has not prevented the Principality (...) from enjoying an exceptional reputation in the organisation of major international sporting competitions [Formula 1 Grand Prix, Monte-Carlo Rally, Rolex Monte-Carlo Masters, Herculis EBS Meeting, etc.] and from implementing a public policy in favour of sport, whether for leisure, recreation, school, corporate, amateur, high-level or even professional purposes".

However, "the complexity of the issues and the scale of the challenges surrounding the question of sport necessarily call for the enactment of a secure, coherent and comprehensive legal framework to ensure the long-term development of sporting activities in Monaco, while at the same time providing the best possible response to the specific characteristics of the Monegasque model for the organisation of sport", something that "the [Parliament] and certain players in the world of sport have regularly been able to point out (...) and rightly so".

These specific features are:

• "essentially, the geographical and demographic characteristics of the Principality (...) implying a phenomenon of "scarcity" of resources, both in terms of Monegasque participants (...) [almost 14,000 licence holders of all nationalities] and, above all, in terms of practice areas, in particular sports facilities and equipment";
• "the interweaving of the French and Monegasque sports systems. The participation of Monaco clubs in the various championships organised in the neighbouring country [football, basketball, athletics, etc.] and the close relations that Monegasque sports federations have with French sports federations";
• the "special role played by the State in the field of sport. (...) the Principality's economic and social equilibrium is fundamentally based on the existence of administrative authorisation systems (employment, residence and economic activities) that are the legacy of practices that have been consolidated for decades, thus making the Monegasque State the guarantor of the regulation of the economy and society".

This reform is "the culmination of a long development process involving numerous studies, reflections and consultations" with various representatives from the world of sport, and from outside (Public notice of 24 July 2023 from the High Commission for the Protection of Rights, Freedoms and Mediation; Economic, Social and Environmental Committee).

The Committee on Education, Youth and Sport (CEJS), to which Bill No. 1088 was referred, “undertook to examine the various proposed provisions in the light of applicable international standards in particular those arising from theEuropean Convention on Human Rights, from the Council of Europe European Charter on Sport and the UNESCO’s International Convention against Doping in Sport, on which the World Anti-Doping Code is based" (CEJS report on Bill No. 1088).

In this context, it has strengthened the "safeguards in place to protect the dignity and safety of sportspeople against all forms of violence" and suggested that the Government adopt a “specific mechanism to prevent and combat harassment and violence in the sporting sector in Monaco, providing in particular for the creation of a dedicated unit equipped with appropriate human and material resources, in order to provide effective support to those facing such situations” (ibid.)

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DETAILED CONTENT OF THE LAW PASSED

— Choice not to introduce a legal definition of "sport", following the example of France and most of its neighbouring countries. The Explanatory Memorandum to Bill 1088 refers to the definition of "sport" in Article 2 of the revised European Sports Charter (Council of Europe, CM/Rec(2021)5, 13 October 2021): "(...) all forms of physical activity which, through casual or organised participation, are aimed at maintaining or improving physical fitness and mental well-being, forming social relationships or obtaining results in competition at all levels."

PART I - INSTITUTIONAL STAKEHOLDERS (Art. 1 to 39)

CHAPTER ONE - THE STATE

• The State determines public policy and the national and international strategy relating to elite sport and the development of physical and sporting activities for all; As the guarantor of the fundamental principles underpinning the development and promotion of physical and sporting activities, the State takes into account the need to make the best use of available resources and means, given the exceptional geographical characteristics of the Principality:
  a) the promotion of ethics in sport and the values it embodies;
  b) free and equal access to sporting activities, without discrimination on the grounds of gender, disability, origin, sexual orientation, membership or non-membership, whether real or supposed, of a particular ethnic group, nation or race, or adherence or non-adherence, whether real or supposed, to a religion; (repetition of the grounds for discrimination set out in Article 234-2 of the Criminal Code);
  c) the integrity of sporting activities, in particular through the prevention of and the fight against violence, harassment and doping, and the promotion of fairness and equity in sport;
  d) safety in sporting activities;
  e) the integration of sporting activities into health, education, urban planning and infrastructure policies;
  f) taking environmental and sustainable development issues into account in sporting activities;
  g) accountability and cohesion within the sports movement.
  
• Public service duties of the State within the framework of national sports policy:
  a) draws up the applicable legislative and regulatory provisions relating to sport and ensures compliance with them;
  b) allocates and distributes budgetary funds to support sport;
  c) is responsible for the teaching of physical and sporting activities within the public education service;
  d) determines the terms and conditions under which sports associations may use the facilities, equipment, spaces or sites referred to in point (d) over which it has control;
  e) carries out a survey regarding the use of facilities, equipment, areas or sites relating to sporting activities;
  f) ensures the creation of an environment conducive to the development of an elite sporting contingent capable of representing the Principality in international competitions;
  g) coordinates the activities of the stakeholders involved in implementing the national sports policy, where necessary by entering into agreements on objectives with them or by granting them accreditation; h) promotes awareness of the national sports policy amongst the public and the stakeholders involved in its implementation.
  
• The National Sports Commission has been transformed into the National Sports Committee (CNS), an advisory body chaired by the Government Councillor- Minister for the Interior, reporting to the Minister of State. The Committee issues an opinion on applications for public funding from sports associations. A sovereign order sets out its rules of organisation and operation and, where necessary, specifies its composition

CHAPTER II - THE LOCAL AUTHORITY ("COMMUNE")

• Legislative enshrinement of its powers: management and maintenance of municipal facilities and, under a contractual arrangement, those of the State; determining the arrangements for the use of facilities by sports associations, in accordance with the register drawn up by the State; management of public grants following notification by the Minister of State of the amounts to be paid to sports associations.

CHAPTER III - THE MONEGASQUE OLYMPIC COMMITTEE

• Legislative recognition of its role as the International Olympic Committee’s representative in Monaco (provisions modelled on those of the French Sports Code, designed to safeguard the rights inherent to the Olympic Movement: Olympic assets, the selection of athletes for the Games, and the composition of the official delegation), and as a key player in the promotion and support of elite sport.
  
• It provides its members with a conciliation and arbitration mechanism for disputes between licence holders, sports agents, sports associations and clubs, and sports federations, with the exception of disputes involving doping offences.

CHAPTER IV - THE MONEGASQUE ANTI-DOPING COMMITTEE

• Recognition of its existence and its missions under the Law (a private-law body entrusted with a public-interest mission, constituting the national anti-doping organisation recognised as such by the World Anti-Doping Agency and all signatories to the World Anti-Doping Code).
  
• It shall carry out the duties assigned to it by the Sovereign Order establishing it and by the regulations adopted for its implementation, without prejudice to the provisions of this Law conferring additional duties upon it.

CHAPTER V - SPORTS ASSOCIATIONS (Art. 17 to 29)

• Regulation of their establishment (whilst respecting the freedom of association protected by the Constitution, in view of the “exceptional geographical characteristics of the Principality, which therefore entail a principle of optimising available resources” for the “conduct of their activities”).
  
• Sports associations that meet the conditions laid down by Articles 14 and 15 of Law No. 1.355 of 23 December 2008 on associations and federations of associations, as amended, and which have articles of association containing provisions, laid down by ministerial order, relating to the prevention of situations involving violence and harassment. “These may include, in particular, obligations regarding awareness-raising amongst staff, whether paid or voluntary, the display of notices on the premises, or the provision of tools, such as an email address, to enable those affected to make reports.” (CEJS report on Bill No. 1088).
  
• It was decided to apply for a “sport label” (an administrative authorisation issued by the Minister of State, following a reasoned opinion from the National Sports Committee) in accordance with the criteria set out in the Law, centred on a requirement for quality in the activities undertaken by sports associations to fulfil their statutory purpose. The “sport label” entitles its holder to certain rights (receipt of specific public grants, special arrangements for the use of sports facilities and equipment). The implementing provisions are laid down by sovereign order.
  
• Specific provisions govern school sports associations, company sports associations and sports clubs which, in accordance with the regulations applicable to them, are required to be established under the auspices of a club in order to participate in foreign championships (such as the French football championship).

CHAPTER VI - SPORTS FEDERATIONS

• Definition of their remit (their tasks as set out in the Law No. 1.355 of 23 December 2008 on associations and federations of associations, as amended, as they are too brief and inadequate to reflect the reality of their actions) in “the aim of fostering cohesion, providing structure and ensuring the security of the "federal sector", whilst preserving Monaco’s distinctive characteristics” (Explanatory Memorandum to Bill No. 1088).
  
• Legal recognition of their remit to coordinate the activities of their affiliated members and to ensure compliance with the technical, safety, supervisory, disciplinary, professional, ethical and sporting rules governing the sports disciplines for which they are responsible.
  
• Specific provisions govern accredited sports federations, with a series of conditions to be met (general conditions under ordinary law as provided for by Law No. 1.355 of 23 December 2008, and new special ‘sporting’ conditions introduced by the Law: model articles of association, measures to prevent violence and harassment, transparency in management, equal access for women and men to governing bodies, a code of conduct and ethics, and insurance cover.
  
• For federations responsible for an Olympic sport, the accreditation procedure requires prior consultation with the Monegasque Olympic Committee and its approval.
  
• The recognised sports federation has a exclusive remit: as before, to organise competitions that lead to (or contribute to) the awarding of international and national titles, or that form part of an international circuit or championship; and, newly, to report results or performances to international sporting bodies (in particular to enable its members to gain entry to or participate in international competitions organised by those bodies), and to select or, for competitions falling within the remit of the Monegasque Olympic Committee, to propose the selection of athletes likely to officially represent the Principality of Monaco in international sporting competitions. In exceptional circumstances, the duties of recognised sports federations may, on an ad hoc basis and with the express authorisation of the Minister of State, be carried out: - by a sports federation where there is no recognised sports federation for that discipline; - by a recognised sports association where there is neither a recognised sports federation nor a sports federation for that discipline.
  
• Recognition of what is embodied in the sports licences issued by sports federations (the right to take part in activities and competitions, to participate in the running of the federation, and the federation’s insurance covering the licence holder).

PART II - SPORT IN SCHOOLS (Art. 40 to 43)

• Physical education and sport taught in nursery and primary schools and in secondary schools.
  
• Introduction of adjustments to timetables and the school day within secondary schools for sports included in the Olympic or Paralympic Games programme. By way of exception, the scheme may apply to young people practising a sport not included in the Games’ programme, provided that they meet the required standard of excellence. The conditions for the application of the scheme are determined by sovereign order.

PART III - ELITE SPORT ("SPORT DE HAUT NIVEAU") (Art. 44 to 61)

• Establishment of a legal status for elite sporters, with specific rights and obligations, to provide a stronger legal basis and better support for existing schemes.
  
• Definition of elite sport: “characterised by the participation in, coaching of or officiating of a competitive sporting activity practised on an amateur or professional basis at the highest international level”.

CHAPTER ONE - ELITE ATHLETES ("SPORTIF DE HAUT NIVEAU") AND "PROMISING" ATHLETES ("SPORTIF "ESPOIR"")

• Clearer definition of the procedures for inclusion on the list of elite athletes (as is currently the case, by decision of the Minister of State, with an annual review), which is currently drawn up solely in the context of anti-doping efforts, with a more institutionalised procedure and consultation with stakeholders other than the Monegasque Anti-Doping Committee.
  
• On the recommendation of the recognised sports federation for the sport in question, and following consultation with the Monegasque Olympic Committee where the sport is included in the Olympic Games programme, the status of elite athlete may be recognised by decision of the Minister of State for an athlete whose physical abilities and results enable them to practise and represent the Principality at the highest international level, including in para-sport. In the absence of an accredited sports federation for the discipline in question, nominations may be made, in the same manner and under the same conditions, by a sports federation or, in the absence of a sports federation, by an accredited sports association.
  
• Establishment of the category of "promising" athlete, which recognises athletes with high potential who possess proven sporting ability but do not yet meet the criteria required to be included on the list of elite athletes.
  
• Elite athletes may benefit from personalised support measures designed to promote sporting success and to facilitate their training, entry into the workforce or career transition. These personalised support measures are set out in a ministerial order.
  
• Elite athletes who are civil servants or employees of the State, a local authority or any public body shall, in order to continue their training and take part in sporting competitions, be granted special terms of employment, without prejudice to their career progression, under conditions laid down by ministerial order.

CHAPTER 2 - SPORTS LEAVE ("CONGÉ SPORTIF")

• Introduction of sports leave, which entitles employees to a maximum of 12 days’ leave per year, unless an exceptional exemption applies, to take part in high-level competitions without loss of pay (these days of sports leave are regarded as actual working time).
  
• Those eligible for sports leave: an elite athlete including para-athletes, an essential member of their support staff, a judge or a referee, who, as amateurs, hold a membership licence with an approved sports federation or, failing that, with an approved sports federation or sports association, and who are qualified in accordance with the regulations of the International Olympic Committee, the International Paralympic Committee, the relevant international federation or the foreign national federation under whose auspices the competitions are organised; a technical or administrative official who is a volunteer or who, under conditions laid down by sovereign ordinance, is entitled to reimbursement of expenses or payment of an allowance, within an approved sports federation or, failing that, an approved sports federation or sports association, or the Monegasque Olympic Committee. Professional or salaried technical and administrative officials are excluded from the entitlement to sports leave.
  
• It should be noted that “the Government has undertaken, at the request of elected representatives, to set out the arrangements for sports leave for civil servants and state employees in the relevant regulatory texts.”

CHAPTER III - THE "ELITE ATHLETE" AGREEMENT

• Recognition of the ‘elite athlete’ agreement between the State, the elite athlete, the accredited sports federation, the accredited sports federation or sports association of which the athlete is a member, the Monegasque Olympic Committee in the case of an Olympic discipline, and the employer, setting out the terms and conditions of employment within the top-level athlete’s company so that their professional activity is compatible with their training, competition and development programme. The conditions for application are laid down by ministerial order.

CHAPTER IV - ETHICS OF THE ELITE ATHLETE

• Provisions relating to ethics of elite athlete. A charter for elite athletes, appended to the “elite athlete” agreement, sets out the rights and duties of athletes recognised as such. It also includes the ethical and professional standards of sport, which the athlete undertakes to observe.

PART IV - MEDICAL MONITORING OF SPORTSMEN AND WOMEN (Art. 62 to 71)

CHAPTER ONE - GENERAL PROVISIONS

• Monegasque law already provided for a system of controls governing access to sporting activities in the Act No. 538 of 12 May 1951 on the establishment and organisation of a medical inspection service for schoolchildren and sportspeople, which will be repealed.
  
• Modernisation of the rules currently governing the protection of athletes’ health (in particular those relating to the medical certificate that must be submitted in order to obtain or renew a licence from a sports federation).
  
• Prevention of health risks associated with intensive sporting activity: the requirement for elite and professional athletes to undergo medical monitoring. Conditions set out in a ministerial order.

CHAPTER II - MEDICAL MONITORING OF PROFESSIONAL SPORTSMEN AND WOMEN

• In order to prevent the health risks associated with intensive sporting activity, the salaried professional sportsman or sportswoman undergoes, following their recruitment, medical monitoring organised by their employer. The nature and frequency of the medical examinations carried out as part of this monitoring are determined by ministerial order.

CHAPTER III - MEDICAL MONITORING OF ELITE ATHLETES

• All elite athletes or "promising" athletes must undergo medical examinations once they have been included on the list of elite athletes or "promising" athletes. The nature and frequency of these examinations are laid down by ministerial order.

CHAPTER IV – THE SPORTS MEDICAL CENTRE ("CENTRE MÉDICO-SPORTIF")

• Amendment of the rules governing the Sports Medical Centre to bring them into line with the Centre’s current practices.

PART V - THE FIGHT AGAINST DOPING (Articles 73 to 99)

• The "need to update regulations, given the constant evolution of doping techniques and methods, combined with scientific developments and progress in anti-doping prevention and enforcement mechanisms, justifies that the bulk of the rules remain within the regulatory framework currently in force and are not elevated to the level of legislation".
  
• However, the Act sets out the conditions for taking punitive measures in relation to doping offences (there was previously no specific criminal offence, unless acts of doping were reclassified as criminal offences, for example the use or trafficking of narcotics )in addition to the disciplinary sanctions hitherto established by the regulations in force: criminalisation of conduct involving obstructing anti-doping tests, possessing prohibited substances or methods without a justified medical reason, manufacturing, importing, marketing or using doping products, as well as prescribing, inciting or assisting in the use of such prohibited substances.
  
• Specific provisions relating to animal doping are included.

CHAPTER ONE - PRELIMINARY PROVISIONS

• Provisions applicable to all sports organisations, organisers of sporting events, athletes and members of the athlete’s support staff, as these categories of legal and natural persons are defined by law, as well as to healthcare professionals who are in contact with these natural or legal persons and, more generally, to the athlete’s entire support network.

CHAPTER II - THE DEFINITION OF DOPING

• For the purposes of this Law, doping in sport is defined as a breach of one or more anti-doping rules set out in the World Anti-Doping Code, which forms Appendix 1 to the UNESCO International Convention against Doping in Sport adopted in Paris on 19 October 2005, or any other international treaty enforceable in the Principality of Monaco which has the same purpose, and in particular the prohibited substances and methods included in the list drawn up by Sovereign Order.
  
• In the case of sports involving an animal, doping is defined as any action intended to confer an artificial advantage on the animal or to conceal the use of substances or methods having that effect, as determined by the relevant international federation.
  
• List of doping offences. Subject to any contrary or supplementary provisions in this chapter, the Sovereign Order establishing the Monegasque Anti-Doping Committee and the ministerial decrees issued for its implementation set out the criteria to be taken into account when determining doping offences.
  
• These provisions shall be interpreted in accordance with Articles 2 et seq. of the World Anti-Doping Code and the official commentaries thereto. In the event of any discrepancy, the provisions of the World Anti-Doping Code shall prevail to the extent necessary to ensure the Principality’s compliance with its international obligations.

CHAPTER III - PREVENTING AND COMBATING DOPING

• The State sets out public policies for the prevention and combating of doping in consultation with the Monegasque Anti-Doping Committee.
  
• To enable the Monegasque Anti-Doping Committee to fulfil its public interest remit and exercise its powers, the administrative departments of the State and the Municipality, as well as sports organisations, organisers of sporting events, athletes and members of their support staff are required to cooperate with it, as are those responsible for weight-training or fitness centres.
  
• Sports organisations of any kind and organisers of any sporting event having their registered office in the Principality of Monaco shall adopt and incorporate, as appropriate, either in their articles of association, their internal rules, specific regulations or the event’s regulations, provisions relating to the prevention, testing and sanctioning of doping offences. The same obligation applies to bodybuilding and fitness centres.
  
• The Monegasque Anti-Doping Committee carries out anti-doping tests on athletes both in and out of competition, in accordance with the conditions laid down by law. It exercises its jurisdiction over all athletes who are citizens, residents, licence holders or members of sporting organisations in the Principality of Monaco, or who are present in the Principality. The Sovereign Order establishing the Monegasque Anti-Doping Committee and the regulations adopted for its implementation set out the procedures for its application. Certain procedures already provided for by Ministerial Order No. 2003-532 of 21 October 2003 concerning the organisation and conduct of anti-doping tests.
  
• The World Anti-Doping Agency, foreign national anti-doping organisations, the International Olympic Committee, the International Paralympic Committee, and the international sports federations that have signed the World Anti-Doping Code and organisations responsible for major international sporting events that are signatories to the said Code may arrange for anti-doping tests to be carried out in Monaco on athletes falling within their remit. A ministerial order shall specify, where necessary, the detailed rules for implementation.
  
• Disciplinary sanction for doping offences in accordance with the provisions of the Sovereign Order establishing it and its implementing regulations. Decisions taken by theIndependent Disciplinary Chamber of the Monegasque Anti-Doping Committee may be subject to appeal, as appropriate, before the Court of Arbitration for Sport (CAS) or before the Court of First Instance.
  
• Those who commit doping offences are liable to criminal penalties under the conditions laid down in sections 87 to 91 of theLaw. Attempts to commit such offences are punishable by the same penalties as the offences themselves.

CHAPTER IV - THE FIGHT AGAINST ANIMAL DOPING

• For sports involving an animal, anti-doping rule violations are those set out by the relevant international federations and established in accordance with the provisions of Article 16 of the World Anti-Doping Code.

PART VI - SPORTS FACILITIES, VENUES AND EQUIPMENT (Art. 100 to 105)

CHAPTER ONE - DEFINITIONS

• Definition of sports venues ("enceintes sportives") or permanent or temporary facilities ("installations fixes ou provisoires"), capacity, maximum number of people ("capacité d’accueil"), and sports equipment ("équipement sportif").

CHAPTER II - THE CONDUCT OF A REGISTER OF THE USE

• Any owner or operator of sports facilities intended to be open to the public is required to notify the Minister of State with a view to compiling a register of the use of facilities, equipment, spaces or sites relating to sporting activities. The register is forwarded to the National Sports Committee upon its compilation and whenever it is updated.
• Compliance of sports venues, facilities and equipment (town planning and safety regulations, technical competition rules laid down by national or international sports federations – certification).

CHAPTER III - TERMS OF USE

• Establishment of the fundamental principles applicable to th eallocation of time slots and the conditions for access to and use ofthe sports facilities “with a view to ensuring that administrative decisions and rulings can be made on a legal basis that is secure and adapted to the realities of Monaco” (Explanatory Memorandum to Bill No. 1088; existing legislation merely specifies the bodies responsible for organising the allocation of time slots). The procedures are determined by sovereign order, following consultation with the National Sports Committee “in order to ensure fairness in the use of sports facilities” (CEJS report on Bill No. 1088).

PART VII - SPORTING EVENTS (Art. 106 to 120)

CHAPTER ONE – THE INSURANCE OBLIGATION

• Insurance requirement to be met by the organiser, on pain of criminal penalties, covering not only their own liability but also that of their agents, volunteers or employees, or even that of any other person assisting with the organisation, as well as that of the participants. Penalty for non-compliance: six months’ imprisonment and a fine of 7,500 euros.

CHAPTER II - ADMINISTRATIVE AUTHORISATION

• Obtaining an administrative authorisation issued by the Minister of State (which may be subject to specific safety requirements, such as the provision of a security service), without prejudice to the application of the provisions of Article 1 of Law No. 1.430 of 13 July 2016 on various measures relating to the preservation of national security, as amended. The conditions for application are laid down by ministerial order. Penalty for non-compliance: imprisonment for one to six months and/or a fine of between 2,250 and 9,000 euros (paragraph 2 of Article 26 of the Criminal Code).
  
• When any sporting event is organised, the Minister of State may, by a reasoned decision, regulate or prohibit the distribution or sale of alcoholic beverages within the sports venue and its immediate vicinity, as well as, if necessary, throughout the country, in accordance with the provisions of Article 1 of Law No. 1.430 mentioned above. Penalty for (wilful) non-compliance: imprisonment for between six days and one month and a fine of between 2,250 and 9,000 euros (paragraph 2 of Article 26 of the Criminal Code).

CHAPTER III - THREATS TO THE SECURITY OF SPORTING EVENTS

• Incorporation of existing criminal law provisions into the Law (Articles 163-1 to 163-4 of the Criminal Code from the Law No. 1.478 of 12 November 2019 reforming sentencing law) by supplementing them. Enforcement againstbehaviour relating to the consumption of alcoholic drinks; hateful, racist, xenophobic or discriminatory behaviour; incitement to hatred or violence; behaviour relating to the carrying or use of ‘dangerous’ objects (fireworks, pyrotechnics, etc.) and the throwing of projectiles, disrupting the course of a competition or endangering the safety of persons or property by entering the competition area of a sports venue. Attempts to commit the offences set out in this article are punishable by the same penalties.

CHAPTER IV – THE RIGHT TO EXPLOIT SPORTING EVENTS

• Recognition of the existence of ownership of the sporting event and competition insofar as this must be subject to an exclusive exploitation right which would be granted to the event organiser, who may enter into any agreement with a view to partnerships or the broadcasting of the event via appropriate audiovisual means. The right of exploitation includes the right to authorise the organisation of betting on sporting events.
• Limitations on the right of commercial exploitation: balancing this right against the public’s right to information, in particular that of the press (journalists’ access to sports facilities and venues, or the ability of public communication services to freely use ‘short extracts’ via electronic means).
• The transfer of the right to exploit a sporting event to an electronic media service shall not prevent other electronic media services from providing information to the public, nor shall it prevent any radio broadcasting service from producing and broadcasting, free of charge, throughout the whole or part of the territory, either live or pre-recorded, a spoken commentary on that event.
• Agreements relating to the exclusive transfer of audiovisual broadcasting rights for a sporting event may not be concluded for a term exceeding four years.

PART VIII - TEACHING SPORT IN RETURN FOR REMUNERATION (Art. 121 to 133)

CHAPTER ONE - SCOPE OF APPLICATION

• The following are excluded from the scope of this Part:
  1°) the teaching of physical and sporting activities and the training of personnel of the Law Enforcement Agencies and the Public Security Directorate;
  2°) the teaching of physical and sporting activities within public or private educational establishments which have entered into a contract of association with the State for the purposes of public education pursuant to the provisions of Article 33 of Law No. 1.334 of 12 July 2007 on Education, as amended.

CHAPTER II – THE QUALIFICATION REQUIREMENT

• Supervision of the work of educators, trainers or sports coaches, “reflects a twofold concern: on the one hand, to protect participants and, on the other, to regulate an economic activity by first requiring appropriate qualifications and professional credentials”.
  
• The French provisions have informed the requirements for qualifications and competences. Only those who hold a diploma, vocational qualification or certificate of professional competence guaranteeing their competence may, in return for remuneration, teach, lead or supervise a physical or sporting activity, or coach participants in such activities, whether as a main or secondary occupation, on a regular, seasonally or occasionally, holders of a vocational qualification or certificate of professional competence guaranteeing the holder’s competence regarding the safety of participants and third parties in the activity in question, issued by France or a foreign state (in the latter case, the holder must produce a certificate issued by the competent authorities of the State that awarded the diploma, qualification or certificate and obtain a certificate of equivalence under conditions laid down by sovereign order). A list of diplomas, qualifications and certificates is drawn up by ministerial order.
  
• Holders of the Aggregation in Physical Education and Sport or a Certificate of Aptitude for Teaching Physical Education and Sport (CAPEPS) are deemed to meet the qualification requirements to teach physical and sporting activities, including leading or supervising such activities, on a private basis outside school hours.

CHAPTER III – REQUIREMENTS REGARDING GOOD CHARACTER AND INSURANCE

• The suitability check (checks to ensure "good character", which will apply both to those receiving remuneration for their activities and to those carrying them out on a voluntary basis, for example within a sports club or federation), in accordance with the conditions laid down by Article 3 of Law No. 1.430 of 13 July 2016 on various measures relating to the preservation of national security, as amended, is a condition specific to Monaco.
  
• Obligation on sports associations and federations to notify the Ministry of the Interior of the appointment of any person called upon to carry out, on a voluntary basis, any of the activities covered by the law. “Revelations of cases of sexual violence in the world of sport in France over the past several years have highlighted a demand from various stakeholders in sport, in particular the French sports federations, to establish a system for vetting the good character of individuals, focusing more specifically on coaches and operators of sports facilities who are licensed volunteers of the federations” (Explanatory Memorandum to Bill No. 1088).
  
• The French provisions have inspired the requirement for professional indemnity insurance, with an insurance company authorised in the Principality, covering the legal and financial risks inherent in the professional practice of teaching sport in return for remuneration.

CHAPTER IV - THE REQUIREMENT TO OBTAIN ADMINISTRATIVE AUTHORISATION

• Prior administrative authorisation (from the Minister of State) to incorporate a company or to carry on a business, or to engage, for remuneration, in a physical or sporting activity within Monegasque territory, is a specific requirement in Monaco.
  
• Authorised persons would hold a "professional sports coach’s licence" issued by the Director of National Education, Youth and Sport, in accordance with the procedures laid down by ministerial order, for a period of five years.
  
• The authorisation for the temporary occupation of public land which the holder of the administrative authorisation may apply for, for the purposes required by the exercise of their professional activity, is issued by the Minister of State for a period of one year. By derogation, an activity involving a maximum of three participants is subject to notification to the Minister of State. This scheme addresses the “need to ensure the maintenance of public order and the State’s control over public spaces, where, by their very nature, uses, whether recreational or otherwise, are varied and must be able to coexist”, and aims to “facilitate individual or small-group coaching”(CEJS report on Bill No. 1088).
  
• Transitional provisions: Persons who, on the date this Law comes into force, are carrying out any of the activities listed are required to obtain the necessary authorisations within three years of the publication of this Law.

CHAPTER V - REGULATION OF SPORTS TEACHING ACTIVITIES

• Establishment of the sports teaching activities police force: in addition to the general powers of the Minister of State with regard to the maintenance of public order (Article 1 of Law No. 1.430 of 13 July 2016 on various measures relating to national security, as amended), recognition of the authority’s power to intervene swiftly, by means of a reasoned decision, to impose upon any person whose continued practice would constitute a danger to the health and physical or mental safety of patients, a temporary ban on practising, for a maximum period of 3 months. Before any decision is taken, and except in cases of urgency, the person concerned shall be heard or duly summoned to provide an explanation. Where the person concerned is the subject of criminal proceedings, the temporary ban on practising shall apply until a final decision is handed down by the competent court. The President of the Court of First Instance, to whom the matter is referred and who rules as in summary proceedings, may order the lifting of the temporary suspension from practising that has been imposed.
  
• Authorisations may be suspended or revoked, subject to the conditions laid down by sovereign order.
  
• Criminal provisions “in order to provide both a preventive and a punitive response to what now constitutes a real threat, particularly to minors, who should not be exposed to the risk of unacceptable assaults committed within the sporting environment” (Explanatory Memorandum to Bill No. 1088).

PART IX - SPORTS AGENTS (Art. 134 to 144)

• Prior to the Law, the activity was governed by the general law governing legal and economic activities, which stemmed from the Law No. 1.144 of 26 July 1991 implemented by the Directorate for Economic Development (DDE). Whilst proof of a sports agent’s licence obtained from a sports federation and a standard description of the activity must be provided, these general regulations do not include any specific verification or monitoring requirements relating to this activity.
• The Law supplements the entry requirements for the profession and sets out rules governing the practice of the profession in order to enable economic activity to be carried out from within the territory of the Principality, “drawing on French law, taking into account, once again, the intertwining of the Monegasque and French legal systems and the benefits in terms of legal certainty that may arise from the use of similar legal concepts or principles” (Explanatory Memorandum to Bill No. 1088).
  
• The legal definition of the activity is based on the concept of an intermediary, that is to say, “bringing together, in return for remuneration, parties interested in entering into a contract either relating to the paid practice of a sporting or coaching activity, or providing for the conclusion of an employment contract whose purpose is the paid practice of a sporting or coaching activity”.
  
• The profession of sports agent is subject to the granting of a prior administrative authorisation issued by the Minister of State.
  
• A sports agent may, in the course of their professional activities, set up a company or be an employee of a company. It is prohibited to be an employee of more than one sports agent or more than one company in which sports agency activities are carried out.
  
• Like French law, Monegasque law provides for a system of incompatibility whereby authorisation cannot be granted if the applicant: holds a managerial or coaching position in sport; has been subject to a disciplinary sanction at least equivalent to a suspension by a sports federation; is a shareholder, partner or employee of a company that employs athletes for remuneration or organises sporting events.
  
• Similarly, no person may be granted authorisation in the event of disqualification: a person who has committed acts resulting in a final criminal conviction—not suspended and not subject to rehabilitation—for a crime or offence contrary to honour, integrity or public morality; anyone who has been declared personally bankrupt or subject to any of the disqualifications provided for by Article 576 of the Commercial Code or found guilty of ordinary or fraudulent bankruptcy.
  
• The Law does not confer upon Monegasque sports federations the responsibility or duty to issue sports agent licences for their respective sports themselves. The applicant must prove that they are already qualified to practise as a sports agent in a Member State of the European Union (EU) or in a State party to the Agreement on the European Economic Area (EEA). For non-EU and non-EEA nationals who cannot provide evidence of this qualification from an EU or EEA Member State, the requirement is, as in the French system, to enter into a “representation agreement” with a sports agent authorised to practise in Monaco.
  
• Remuneration: a sports agent may only act on behalf of one of the parties to the contract, who alone may pay the agent’s fees, and such remuneration may not exceed 10 per cent of the value of the contract concluded by the parties whom the agent has brought together; where several sports agents are involved, the total amount of their remuneration may not exceed 10 per cent of the value of that contract. Where the amount of the sports agent’s remuneration is paid, in whole or in part, by the contracting party of the sportsman or coach, such remuneration shall not be regarded as a monetary benefit granted to the sportsman or coach in addition to their wages, allowances or emoluments. Any agreement to the contrary shall be deemed null and void.
  
• Further work is likely to be carried out on this issue, “because the role of a sports agent often has an international dimension, arising either from the agent’s nationality, the athlete’s nationality or the nationality of the athlete’s employer; consequently, determining the applicable regime proves complex, particularly in the context of an evolving and disparate legal environment” (Explanatory Memorandum to Bill No. 1088).

PART X - FINAL PROVISIONS

• Transitional provisions:
  - Articles 18 to 22 relating to the sport label shall come into force one year after the date on which this Law comes into force;
  - Articles 17 and 32 shall come into force on the day following the publication in the Journal de Monaco of the ministerial order setting out the provisions to be included in the articles of association of sports associations and sports federations, which shall then have a period of one year from that date to comply with the aforementioned provisions in order to retain their accreditation;
  - owners or operators of sports facilities open to the public that already exist on the date this Law comes into force are required to declare them to the Minister of State, pursuant to Article 101, within six months of that date.
• Repeal:
  - of the Law No. 538 of 12 May 195 establishing and organising a medical inspection service for schoolchildren and sportspeople, as amended ;
  - of the Paragraph 2-1 – Threats to the security of sporting events of Section IV of Chapter III of Title I of Book III of the Criminal Code.

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