French Sports Code
In forceWhere an analysis result implicates a Prohibited Substance or a Prohibited Method, with the exception of a Specified Substance or Specified Method within the meaning of the Prohibited List referred to in article L. 232-9, or where the profile of relevant parameters in an athlete's urine or blood shows the use of a prohibited substance or prohibited method, the president of the French Anti-Doping Agency shall immediately order the athlete, as a precautionary measure, to be provisionally suspended:
1° From taking part, in any capacity whatsoever, in any competition authorised or organised by an organisation that is a signatory to the World Anti-Doping Code or one of its members, by a professional league or an organisation responsible for international or national events that are not signatories, by a sports federation, or in which prizes are awarded in money or in kind;
2° To take part in any activity, including training, clinics or exhibitions, authorised or organised by an organisation that is a signatory to the World Anti-Doping Code or one of its members, by a professional league or an organisation responsible for non-signatory international or national events, or by a sports federation, a professional league or one of their members, unless these activities are part of recognised education or rehabilitation programmes linked to the fight against doping;
3° From exercising the functions of management staff or any administrative activity within a sports federation, a professional league, an organisation that is a signatory to the World Anti-Doping Code or one of their members;
4° And from taking part in any sporting activity involving national or international level athletes and financed by a public entity.
Where justified by the circumstances and the seriousness of the violation, the President of the French Anti-Doping Agency may decide that the provisional suspension shall cover the functions defined in article L. 212-1.
Where the test result involves a substance or method specified on the list of prohibited substances mentioned in article L. 232-9 or where another anti-doping rule violation is involved, the President of the French Anti-Doping Agency may impose the provisional suspension referred to in the first paragraph on the person concerned.
Reasons shall be given for the provisional suspension decision. The person concerned shall be summoned by the President of the Agency, as soon as possible, to make his observations on this measure in the context of a preliminary hearing.
The provisional suspension shall be applied automatically to the person concerned if he so requests within a specified period. The interested party may withdraw his request for provisional suspension at any time.
When an analysis result involves a prohibited substance or method and the analysis of the B sample does not confirm the result of the analysis of the A sample, the President of the French Anti-Doping Agency lifts the provisional suspension previously ordered. If the athlete or team in question had been excluded from an event due to the result of the A Sample analysis, they may continue to take part in the event, provided that this has no effect on the event and that it is still possible to reinstate the athlete or team.
The President of the French Anti-Doping Agency may also decide to lift the Provisional Suspension that he has ordered:
1° If the athlete demonstrates that the alleged anti-doping rule violation involves a contaminated product;
2° If the alleged anti-doping rule violation involves a substance of abuse and the athlete establishes his or her entitlement to a reduction in the period of Ineligibility incurred under the conditions provided for in Article L. 232-23-3-3.
The provisional suspension provided for in this article takes effect from the moment it is notified to the person concerned and ends with the validation of the agreement by the College or the decision of the Sanctions Committee, unless the President of the Agency has lifted this measure under the conditions provided for in the tenth paragraph of this article or the person concerned has withdrawn after requesting it. The duration of the provisional suspension may not exceed the maximum period of suspension incurred by the person concerned for the violation in question.
The duration of the provisional suspension shall be deducted from the duration of the suspension from taking part in sporting events accepted by the person concerned under an agreement provided for in article L. 232-21 or ordered against him by the Sanctions Committee. However, if the person concerned does not comply with this measure, or if he withdraws after having accepted it, he may not benefit from any deduction from the period of provisional suspension.
