I.-The French Anti-Doping Agency, an independent public authority, defines and implements actions to combat doping. To this end, it cooperates with the World Anti-Doping Agency and with the anti-doping organisations that are signatories to the World Anti-Doping Code.
To this end:
1° It defines an annual testing programme;
2° It carries out controls under the conditions set out in this chapter:
a) During sporting events organised by approved federations or authorised by delegated federations;
b) During sporting events where prizes are awarded in cash or in kind, even if they are not organised by an approved federation or authorised by a delegated federation;
c) During the international sporting events referred to in article L. 230-2 ;
d) Outside the competition periods for the sporting events mentioned in a to c ;
e) During the periods covered by a disciplinary decision banning the athlete from participating in a sporting event or by a precautionary suspension measure taken in application of Article L. 232-23-4;
3° It shall conduct investigations and gather information in order to carry out targeted tests or to investigate or establish violations of the anti-doping rules defined in Articles L. 232-9, L. 232-9-1, L. 232-9-2, L. 232-9-3, L. 232-10, L. 232-10-3, L. 232-10-4 and L. 232-17, as well as the breaches mentioned in Article L. 232-9-3;
4° Where at least two athletes from the same team have used or possessed a prohibited substance or method, the Director of Testing of the French Anti-Doping Agency shall determine the nature of the tests to which the members of the team taking part in the same competition or event must be subjected;
5° The Agency is informed of doping incidents brought to the attention of the State and sports federations and, under conditions set by decree, of the criminal sanctions imposed in the event of failure to comply with the obligation referred to in article L. 232-10-1 . To this end, the persons who have informed the Agency of these facts or sanctions are released from the obligations of secrecy to which they are professionally bound;
6° It arranges for the analysis of samples taken during tests and may take samples on behalf of third parties;
7° It is responsible for results management as defined in Appendix 1 of the World Anti-Doping Code and exercises disciplinary powers under the conditions set out in Articles L. 232-21-1 to L. 232-23-6, except in the cases set out in 16° ;
8° It issues the Therapeutic Use Exemptions provided for in article L. 232-2;
9° It decides on the recognition of the validity of Therapeutic Use Exemptions issued by an organisation responsible for a major international sporting event mentioned in 4° of article L. 230-2 or an international federation.
To this end, it recognises, in accordance with the standard for Therapeutic Use Exemptions set out in Annex II to the International Convention against Doping in Sport adopted in Paris on 19 October 2005, the validity of the Therapeutic Use Exemptions referred to in the previous paragraph;
10° It may recognise and apply decisions finding the existence of a violation, suspension sanctions, provisional suspensions and annulments of results taken by organisations that are not signatories to the World Anti-Doping Code, but whose rules comply with it. It may also recognise the effects on the events mentioned in 1° and 2° of I of article L. 230-3 of provisional suspensions handed down by organisations that are signatories to this code before the person concerned has been given the opportunity to present his observations;
11° It is consulted on any draft law or regulation relating to the fight against doping;
12° For the purposes of planning, implementing, evaluating and promoting anti-doping education, it defines, in conjunction with the World Anti-Doping Agency, an education plan including an education programme aimed at athletes, in particular those at national and international level and those mentioned in Article L. 232-15, and the members of the support staff of these athletes; it is, within the framework of this programme, the authority in matters of anti-doping education;
13° It is involved in international activities in the fight against doping and provides its expertise to the State, in particular when drawing up the list of bans mentioned in article L. 232-9 ;
14° It may be consulted by sports federations on matters within its remit;
15° It issues recommendations to sports federations on matters within its remit;
16° Where violations have been committed by international-level athletes or on the occasion of an international sporting event within the meaning of this Title, it shall, in its sole capacity as a national organisation that is a signatory to the World Anti-Doping Code, take the measures provided for by this Code, without having the powers that it has under Articles L. 232-21-1 to L. 232-23-6, under conditions that it shall define in compliance with the general principles of law, in particular the rights of the defence with regard to sanctions.
17° It implements research actions in the fight against doping;
18° At the request of the World Anti-Doping Agency, it may exercise the disciplinary powers provided for in 7° or, where applicable, take the measures provided for in 16°, with regard to athletes of French nationality, licensed with approved sports federations or subject to whereabouts obligations under Article L. 232-15, who have committed a violation of the rules relating to the fight against doping found, where applicable abroad, by a signatory body of the World Anti-Doping Code or by the World Anti-Doping Agency;
19° It shall ensure that sports federations, their bodies and agents comply with their obligations as set out in 5° of I and III of this article, articles L. 231-5, L. 231-5-1, L. 231-8, L. 232-10-2, L. 232-23-5 and the second paragraph of article L. 232-14 and shall report any breach of these obligations to the Minister for Sport, the National Sports Agency, the French National Olympic and Sports Committee, the French Paralympic and Sports Committee where applicable and the international federation concerned, and may make the breach public.
The Agency’s tasks are carried out by the College, unless otherwise stipulated.
II – In order to carry out its control missions, including abroad, the Agency may call upon any body approved by it, under the conditions that it defines in order to ensure in particular that the persons acting on behalf of this body have the same guarantees of qualification and training as the persons approved by it and sworn in, or on any anti-doping organisation that is a signatory to the World Anti-Doping Code.
The Agency may carry out its control missions abroad and have the analysis of samples taken by any body whose competence to take samples is recognised by the World Anti-Doping Agency, with regard to athletes of French nationality, licensed with approved sports federations or constituting the target group defined in article L. 232-15, as well as on the occasion of a sports event organised by an approved federation or authorised by a delegated federation. In the event of a breach of the provisions of articles L. 232-9, L. 232-9-1, L. 232-9-2, L. 232-9-3, L. 232-10, L. 232-10-3, L. 232-10-4 and L. 232-17, penalties are imposed in accordance with articles L. 232-21-1 to L. 232-23-3-12.
III – In order to draw up the annual testing programme referred to in I, the relevant State departments, approved federations, sports associations and companies and physical activity or sports establishments shall provide the Agency with all information relating to the preparation, organisation and running of training sessions and sports events;
The annual national testing programme includes individual tests, carried out under the conditions set out in article L. 232-15.