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10 JANVIER 2010. - An Act to amend the law relating to games of chance (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Law of May 7, 1999 on games of chance, games establishments and the protection of players
Art. 2. The title of the Law of May 7, 1999 on the games of chance, the establishments of games of chance and the protection of the players is replaced by the following title:
"Act of May 7, 1999 on games of chance, bets, games of chance and the protection of players".
Art. 3. In section 2 of the Act, the following amendments are made:
(a) at 1°, the words "or bet", "or bettings", "bettings" and "or betting" are repealed;
(b) the article is supplemented by the 5°, 6°, 7°, 8°, 9° and 10° written as follows:
"5° bet: game of chance in which each player puts an amount and produces a gain or loss that does not depend on an act done by the player but on checking an uncertain fact that occurs without the intervention of the players;
6° parimut : bet for which an organizer intervenes as an intermediary between the different players who play against each other and where the bets are gathered and distributed between the winners, after deduction of a percentage to cover the fees on the games and bets, the fees related to the organization and the profit they assign;
7° odd bet: bet where a player bets on the result of a specific fact, where the amount of winnings is determined according to a fixed or conventional rating given and where the organizer is personally held to the payout to the players;
8° Media: any radio or television station and any daily or periodical station whose head office of the operator or publisher is established in the European Union;
9° Media game: random game operated via a media;
10° instruments of the information society: electronic processing equipment, including digital compression, and data storage, which are fully transmitted, routed and received by wire, radio, optical means or other electromagnetic means. "
Art. 4. Section 3 of the Act, as amended by the Program Act of 27 December 2004, is amended by:
1° point 1 is replaced as follows:
“1. the exercise of sports";
2° in the provision in point 3., the words "as well as" are repealed and the words "as well as the games organized occasionally and at most four times per year by a local association on the occasion of a particular event or by a de facto association for social or philanthropic purposes or by a non-profit association for the benefit of a social or philanthropic work, and" are inserted between the words "like opportunities" and "
3° the provision of point 4 is repealed;
4° the article is supplemented by a paragraph 2, which reads as follows:
"The King determines, pursuant to points 2 and 3, the conditions of the type of establishment, the type of game, the amount of the bet, the benefit that can be awarded and the average loss per hour. "
Art. 5. In section 3bis of the same Act, inserted by the Act of 19 April 2002 and partially cancelled by the Court of Arbitration decision 33/2004, the word ", bets" is repealed.
Art. 6. Section 4 of the Act, as amended by the Royal Decree of April 4, 2003, is replaced as follows:
§ 1^er. It is prohibited for anyone to operate a game of chance or an establishment of games of chance in any form, in any place or in any direct or indirect manner whatsoever, without a licence previously granted by the commission of games of chance in accordance with this Act and subject to the exceptions provided by law.
§ 2. It is forbidden for anyone to participate in a game of chance, to facilitate the operation of a game of chance or a random setting, to advertise for a game of chance or a random setting or to recruit players for a game of chance or a random setting when the interested person knows that it is the exploitation of a game of chance or an unauthorized game establishment.
§ 3. It is forbidden for anyone to participate in any random game if the interested person can have a direct influence on his or her result. "
Art. 7. Section 5 of the Act is repealed.
Art. 8. The following amendments are made to section 6 of the Act:
1° the word "three" is replaced by the word "four" and the words "and the establishments of class IV random games or the places that are only intended for the engagement of bets" are inserted between the words "bricks" and ", according to".
2° a paragraph 2 is inserted, as follows:
"The number of random games establishments of Class I, II and IV is limited. If a licence to operate a Class I, II or IV random gaming facility becomes vacant, applications for a licence may be filed. The King determines how a vacant licence is advertised, how and when the application is introduced, as well as the criteria for setting the order of priority and which must focus at least on the location of the establishment and the mode of operation of the operation. "
Art. 9. In section 8 of the Act, as amended by the Program Act of 8 April 2003, the following amendments are made:
1° in paragraph 1^er, the words "class II and III" are replaced by the words "class II, III and IV, with the exception of bettings as well as for each game of chance exploited by the instruments of the information society and for each game of chance exploited via a media" and the words "and bettings" and "or a betting" are repealed
2° in paragraph 2, the words "or bet" are repealed;
3° in paragraph 3, the words "or the bet" are repealed;
4° a paragraph is inserted between paragraphs 3 and 4:
"In Class IV random gaming establishments, except for bets, are permitted only the games of chance for which it is certain that the player will not be able to lose more than 12,50 euros on average per hour. "
5° this article is supplemented by a paragraph written as follows:
"The amounts of the games of chance referred to in this article are indexed in the manner determined by the King. "
Art. 10. Section 25 of the Act is replaced as follows:
"There are nine classes of licences and three additional licences:
1. Class A license allows, for periods of fifteen years renewable, subject to the conditions it determines, the operation of a class I or casino gambling establishment;
1/1. the additional Class A+ license allows, under the conditions it determines, the operation of random games, through the instruments of the information society;
2. Class B license allows, for periods of nine years renewable, under the conditions it determines, the operation of a Class II random play establishment or automatic playroom;
2/1. the additional Class B+ license allows, under the conditions it determines, the operation of random games, through the instruments of the information society;
3. Class C license allows, for periods of five years renewable, subject to the conditions it determines, the operation of a Class III Random Games establishment or Beverage Rate;
4. Class D licence allows, subject to the conditions it determines, the licensee to engage in a professional activity of any kind in a class I, II or IV accident facility;
5. Class E license allows, for periods of ten years renewable, under the conditions it determines, the sale, the rental, the rental-financing, the supply, the provision, the import, the export, the production, the maintenance, repair and equipment of random games;
6. Class F1 permits, for periods of nine years renewable, subject to the conditions it determines, the operation of the bet organization;
6/1. the additional Class F1+ license allows, under the conditions it determines, the operation of the bet organization through the information society instruments;
7. Class F2 license allows, for renewable periods of three years, subject to the conditions it determines, the commitment of bets on behalf of Class F1 licensees in a fixed or mobile class IV random gaming establishment. This license also allows the engagement of bets outside of class IV random play establishments in the cases referred to in article 43/4, § 5, 1° and 2°. For this licence, renewable periods of three years are also scheduled.
8. the G1 license allows, for periods of five years renewable, under the conditions it determines, the operation of the games of chance in television programs by means of series of numbers of the Belgian numbering plan and which form a full game program;
9. the G2 license allows, for a period of one year, under the conditions it determines, the operation of the games of chance through a media other than those presented in television programs by means of series of numbers of the Belgian numbering plan and which form a full game program. "
Art. 11. Section 26 of the Act is replaced by the following:
"No one is allowed to surrender a license granted. "
Art. 12. In section 27 of the Act, the following amendments are made:
1° in paragraph 1^erthe words "A, B, C and D" are replaced by the words "A, A+, B, B+, C, D, F1, F1+, F2, G1 and G2";
2° in paragraph 2, the words "A, B or C" are replaced by the words "A, B, C, F1 or F2" and the words "class I, II and III" are replaced by the words "class I, II, III and IV".
Art. 13. Section 30 of the Act is repealed.
Art. 14. Section 31 of the Act, as amended by the Royal Decree of 4 April 2003, is supplemented by item 6, which reads as follows:
"6. file a notice from the federal public service Finance and certifying that it has paid all of its tax debts, some of which have not been contested. »
Art. 15. In section 32 of the Act, as amended by the Royal Decree of 4 April 2003, the following amendments are made:
1st the opening sentence is supplemented by the words "not only continue to meet the conditions listed in article 31 but also:";
2° the article is supplemented by a new item 5, written as follows:
« 5. effectively exploit the games of chance or games of chance for which a license has been granted. "
Art. 16. Section 35 of the Act is repealed.
Art. 17. Section 36 of the Act, as amended by the Royal Decree of 4 April 2003, is supplemented by a point 7, which reads as follows:
« 7. file a notice from the federal public service Finance and certifying that it has paid all of its tax debts, some and undisputed. »
Art. 18. In section 37 of the Act, as amended by the Royal Decree of 4 April 2003, the following amendments are made:
1° to paragraph 1^er, the first sentence is supplemented by the words "not only continue to meet the conditions listed in section 36 but also:";
2° paragraph 1^er is supplemented by a new item 5., to read:
« 5. effectively exploit, within the meaning of section 2, 2°, of this Act, the games of chance or places of play for which a license has been granted. "
Art. 19. Section 40 of the Act is repealed.
Art. 20. Section 41 of the Act is supplemented by the following:
"The applicant must file a notice from the federal public service Finance and certify that he has paid all of his tax debts, some of which have not been contested. »
Art. 21. In chapter IV of the Act, a section IV, entitled:
"Section IV. - Class IV bets and games establishments. "
Art. 22. It is inserted in chapter IV, section IV, of the Act a sub-section I, comprising sections 43/1 to 43/3, as follows:
"Subsection I^re. - Bets: organization of bets.
Art. 43/1. It is forbidden to organize bets concerning an event or activity that is contrary to public order or to good morals.
It is forbidden to organize bets on events or facts that have already been known or whose uncertain fact has already occurred.
Art. 43/2. § 1^er. In horse racing, only the following bets are allowed:
1° the paris Mutuals on the horse races that take place in Belgium and are organized by a racing association approved by the competent federation;
2° mutual bets on horse races that take place abroad under the conditions to be fixed by the King;
3° fixed or conventional bets on horse races that take place in Belgium and are organized by a racing association approved by the competent federation;
4° bets on horse races that take place abroad, either according to the results of the paris Mutuals, or according to the conventional rating to which the parties refer. The commitment of these bets is reserved for operators of fixed gambling establishments referred to in Article 43/4, § 2, paragraph 2.
§ 2. Concerning horse races:
1° bets referred to in Article 43/2, § 1^er, 1° can only be organized by or by the authorization of the racing association that organizes the race in question. This association may adopt the form of a non-profit association;
2° bets referred to in Article 43/2, § 1^er, 2°, can only be arranged under the conditions fixed by the King by the organizer of bets referred to in 1°;
3° bets referred to in Article 43/2, § 1^er, 3° can only be arranged in the course of the race, with the permission of the racing association that organizes the race in question. This association can adopt the form of a non-profit association.
Art. 43/3. § 1^er. Paris organizers must have a Class F1 licence.
§ 2. The King sets, by order deliberately in the Council of Ministers, the maximum number of betting organizers.
The King sets this number, for the periods it determines, on the basis of criteria that aim to limit the offer in order to protect the player and ensure the effectiveness of the control. The King can stop the procedure for processing requests for over-numbered licences. "
Art. 23. In section IV of the Act, a sub-section II, comprising section 43/4, is inserted as follows:
"Subsection II. - Class IV random games establishments
Art. 43/4. § 1^er. Class IV gambling establishments are exclusively intended to engage authorized bets in accordance with this Act on behalf of Class F1 licensees.
Paris engagement requires a Class F2 licence.
Apart from the exceptions set out in § 5, it is forbidden to hire bets outside of a class IV random gaming establishment.
§ 2. Class IV random games facilities are fixed or mobile.
A fixed gambling establishment is a permanent establishment, clearly delimited in space, in which bets are exploited.
An establishment of fixed random games has for exclusive purpose the engagement of bets with the exception of:
-the sale of specialized newspapers, sports magazines and gadgets;
- the sale of non-alcoholic beverages;
- the operation of maximum two automatic random games that offer bets on activities similar to those engaged in the betting agency. The King sets the conditions to which these games of chance can be exploited.
A mobile gambling establishment is a temporary establishment, clearly delimited in space, which is used on occasion, for the duration and place of an event, a sports event or a sports competition. It must be clearly separated from places where alcoholic beverages are sold to be consumed on site.
A mobile gambling establishment may not engage bets other than those that deal with this event, event or competition.
§ 3. All bets authorized in accordance with this Act and which have been subject to a bet greater than the amount or counterpart fixed by the King shall be registered by the operator in a computerized system and recorded data shall be retained for five years.
The King determines the data that must be recorded and the manner in which they are registered.
§ 4. The King determines, by order deliberately in the Council of Ministers, the maximum number of fixed and mobile gambling establishments, as well as the criteria for organizing a dispersion of these establishments. It may determine a procedure with priority criteria for processing over-numbered requests.
§ 5. Apart from the aforementioned Class IV random games establishments may also be engaged:
1° mutual bets on horse races as well as bets on sporting events other than horse races and raft races, as a supplement, by booksellers, natural persons or legal persons, registered at the Business Bank as a commercial enterprise, as long as they are not engaged in places where alcoholic beverages are sold to be consumed on site. The King determines the conditions to which the liberaries must satisfy. They must have a Class F2 licence;
2° the parismutes on the horse races referred to in article 43/2, § 2, 1° and 2°, organized in the enclosure of a racecourse, under the conditions fixed by the King. The association must have a Class F2 licence. "
Art. 24. In section IV of the Act, a sub-section III, comprising sections 43/5 to 43/7, is inserted as follows:
"Subsection III. - General provisions.
Art. 43/5. To obtain a Class F1 or F2 licence, the applicant must:
1. if it is a natural person, to prove that he is a national of a Member State of the European Union and, if it is a legal person, to prove that he has this quality according to Belgian law or the law of a Member State of the European Union;
2. if it is a natural person, to prove that he has full civil and political rights or, if it is a legal person, to prove that directors and managers enjoy these rights. In all cases, the applicant, administrators and managers must be a conduct that meets the requirements of the function;
3. communicate to the commission the regulation of bets and any modification of the bet and commit to display a copy of it in each random play establishment or place where bets are engaged;
4. file a notice from the federal public service Finance, certifying that it has paid all of its tax debts, some and undisputed.
The applicant for the Class F1 licence must also:
1. present the list specifying the nature or type of organized bets;
2. provide evidence of creditworthiness and financial capacity;
3. communicate to the commission the regulation of bets and any modification of the bet and commit to display a copy of it in each random setting where bets are engaged;
4. present a list of places where bets will be engaged.
Art. 43/6. In order to maintain a Class F1 or F2 licence, the applicant must not only continue to meet the conditions set out in section 43/5, but also:
1. to be identified unequivocally, if it is a natural person who participates, of any material, directly or indirectly, personally or through a legal person, in the operation of an establishment of class IV games or a place where bets are engaged. His identity must be communicated to the commission;
2. allow the commission to identify at any time any other physical persons who participate, in any way, directly or indirectly, personally or through a legal person, in the operation of a class IV random play facility or a place where bets are engaged, and to know the identity of such persons;
3. provide the Commission with all information that allows it to monitor the transparency of the operation, the identity of the shareholders and the subsequent changes in this matter;
4. continue to organize or effectively engage the bets for which the license has been granted and effectively operate the random gaming establishments;
5. provide the commission with any modifications that must be made to the list of random gaming establishments or places where bets will be engaged.
Art. 43/7. The King determines:
1. the form of Class F1 and F2 licences;
2. procedures for the introduction and review of Class F1 and F2 applications;
3. the obligations to be met by F1 and F2 licensees in terms of administration and accounting;
4. the operating rules of bets;
5. the rules for monitoring and controlling bets operated, possibly by use of an appropriate computer system. "
Art. 25. It is inserted in the same law a chapter IV/1 comprising article 43/8, which reads as follows:
“Chapter IV/1. - Additional licenses or games of chance via instruments of the information society
Art. 43/8. § 1^er. The Commission may grant a licensee of a Class A, B or F1 licence to a maximum of one additional licence, respectively A+, B+ and F1+, for the operation of games of chance through instruments of the information society. The additional license can only cover the operation of games of the same nature as those offered in the real world.
§ 2. The King shall determine by order deliberately in the Council of Ministers:
1° the qualitative conditions to which the applicant must satisfy and which relate at least to the following:
(a) the solvency of the applicant;
(b) security of payment transactions between the operator and the player;
(c) the operator's policy regarding the accessibility of socially vulnerable groups to gambling;
(d) resolution of complaints;
(e) the terms of advertising;
(f) compliance with all tax obligations;
2° the conditions to which the games can be offered and which carry at least on the registration and identification of the player, the age control, the games offered, the playing rules, the payment method and the mode of distribution of the prizes;
3° the modalities of monitoring and control of the exploited games of chance, which cover at least the condition that the servers on which the data and structure of the website are managed are located in a permanent establishment on Belgian territory;
4° which games can be exploited;
5° the terms of the information of the players, concerning the legality of the games offered through the instruments of the information society;
§ 3. The validity of the additional licences is related to the respective validity of Class A, B or F1.
§ 4. The Commission maintains a list of additional licences issued, which can be consulted by any person making the application.
Art. 26. It is inserted in the same law a chapter IV/2, comprising articles 43/9 to 43/15 and as follows:
“Chapter IV/2. - Media games
Section I^re. - General provisions
Art. 43/9. For the purposes of this chapter, it is appropriate to hear by:
- duration of play: the period between the bet and the final closing of the game, accompanied by a gain or loss;
- operator: any person who, on his or her own behalf and on his or her own behalf, provides or sells electronic or telephone communications services or networks;
- organizer: any person who organizes a game as described in this chapter or determines its content;
- supplier of the game: any person who offers a game to the player by any type of means;
- the facilitative company: any person who makes its infrastructure available and/or brings its collaboration to the management and processing of the communication from the player.
Art. 43/10. To obtain a G1 or G2 class licence, the applicant must:
1. if it is a natural person, having the nationality of a member state of the European Union; if it is a legal person, which cannot be a non-profit association, to have this quality according to Belgian law or the law of a Member State of the European Union;
2. if it is a natural person, fully enjoy his or her civil and political rights and be a conduct that meets the requirements of the function; if it is a legal entity, directors and managers must fully enjoy their civil and political rights and be a conduct that meets the requirements of the function;
3. file with the commission a complete file in which the organization, selection mode and the game methodology are fully disclosed; this application folder must also clearly indicate who is the operator, organizer, game provider and facilitator; if they are natural persons, they must also fully enjoy their civil and political rights; if they are legal persons, directors and managers must fully enjoy their civil and political rights;
4. file a notice from the federal public service Finance and certifying that it has paid all of its tax debts, some and undisputed.
Art. 43/11. In order to maintain a G1 or G2 class licence, the applicant must not only continue to meet the conditions listed in the previous section, but also:
1. if it is a natural person who participates in any way, directly or indirectly, personally or through a legal person, in the operation of a media game, be known unequivocally and at any time by the commission; its identity must be transmitted to the commission;
2. provide the commission with the opportunity to identify at any time and unequivocally and to know the identity of all other natural persons who participate, in any way, directly or indirectly, personally or through a legal person, in the operation of a media game;
3. provide the Commission with all information to enable it to verify at any time the transparency of the operation and the identity of the shareholders, and to monitor subsequent changes in the matter.
Section II. - Television programs through series of numbers of the Belgian numbering plan and which form a complete game programme
Art. 43/12. The provider of the game must have a G1 class license to operate television programs using series of numbers of the Belgian numbering plan, for which it is authorized to claim to the caller not only the price of the communication, but also the take of the content, only for the series for which the rate requested to the end user does not depend on the duration of the call and which form a full game program.
Art. 43/13. The King determines:
1. the form of the class G1 licence;
2. procedures for the introduction and review of licence applications;
3. the terms and conditions of operation and administration of media games, being understood that accounting for all games-related activities must be held separately;
4. the rules of operation of media games;
5. monitoring and control of media games;
6. criteria to avoid expansion of the offer.
Section III. - Random games operated via a media, other than television programs through series of numbers of the Belgian numbering plan referred to in section II.
Art. 43/14. The supplier of the game must have a G2 class license to be able to operate all the games of chance operated via a media, except in terms of the television programs by means of series of numbers of the Belgian numbering plan and which form a full game program.
Art. 43/15. The King determines:
1. the form of the class G2 licence;
2. procedures for the introduction and review of licence applications;
3. the terms and conditions of operation and administration of these media games, on the understanding that accounting for all games-related activities must be held separately;
4. the operating rules of these media games;
5. monitoring and control of media games;
6. games for which no license is required;
7. criteria to avoid expansion of the offer. "
Art. 27. In the same Act, the words "Section IV. Personnel are replaced by the words "Chapter IV/3. Personnel."
Art. 28. Section 44 of the Act is replaced by the following:
"Any person wishing to engage in any professional activity in connection with the game in a Class I, II or IV random play facility during the opening hours of the games room must be in possession of a Class D licence and be, at all times, bearer of the identification card attesting to the possession of this license. "
Art. 29. In section 46 of the Act, the words "staff members" are replaced by the words "class D licensees" and the words "if applicable" are inserted between the words "scheduled" and the words "in their work contract".
Art. 30. Section 48 of the Act is supplemented by the following:
"The operators who have made the notification under Article 9 of the Act of 13 June 2005 on electronic communications are exempted from this obligation. "
Art. 31. Section 49 of the Act is repealed.
Art. 32. Section 50 of the Act is supplemented by the following:
“4. be able to file a notice from the Federal Public Service Finance and certify that he has paid all of his tax debts, some of which have not been contested. "
Art. 33. Section 51 of the Act is replaced by the following:
"In order to maintain a Class E licence, the licensee shall not only continue to meet the conditions set out in the previous section, but also:
1. if it is a natural person who participates, in any way, directly or indirectly, personally or through a legal person, in an activity for which a class E licence is required, may be identified at any time and unequivocally and be known to the commission. His identity must be transmitted to the commission;
2. provide the Commission with all information to enable it to verify at any time the transparency of the operation and the identity of the shareholders and to monitor subsequent changes in the matter. "
Art. 34. In section 52 of the Act, the following amendments are made:
1st paragraph 1^er is replaced by the following:
"A model of equipment or apparatus that is imported or manufactured within the limits and conditions established by a Class E licence for use by a licensee referred to in this Act shall, for the purpose of placing it on sale or exposure to Belgian territory, be approved by the Commission on the basis of the controls carried out by one of the authorities referred to in the second paragraph of this section. A certificate of approval is issued as evidence. »;
2° paragraph 2, is replaced by the following:
"The controls on which this approval is issued are carried out:
- either by the Service of the Metrology of the Federal Public Service Economy;
- either by an organization accredited to this effect under the Act of 20 July 1990 concerning the accreditation of conformity assessment bodies or accredited to another Member State of the European Communities or to another country that is a party to the European Economic Area Agreement, under the supervision of the Belgian Metrology Service;
- either by an organization of another Member State of the European Union recognized by the authority of this Member State for this type of activity. "
Art. 35. In section 54 of the Act, the following amendments are made:
1° § 1^er, is replaced as follows:
Ҥ1. Access to the games rooms of the I and II random play establishments is prohibited to persons under the age of 21, except for the major staff of the random play establishments in their workplace. Access to Class IV random play facilities is prohibited for minors.
The practice of games of chance in Class III random establishments as well as the practice of games of chance and bet in Class IV random establishments are prohibited to minors.
This prohibition for minors also applies to bets allowed outside of Class IV random play establishments.
The practice of games of chance through the information society's instruments, with the exception of betting, is prohibited to persons under the age of 21. The practice of betting through information society instruments is prohibited for minors. »;
2° § 2 is supplemented by the following:
"The practice of games of chance within the meaning of the law, for which an obligation of registration exists, with the exception of bets, is prohibited to judges, notaries, bailiffs and members of the police services outside the exercise of their duties. »;
3° in § 3, the words "of the games rooms of the gambling establishments of classes I and II" are replaced by the words "of access to games of chance within the meaning of this law for which an obligation of registration exists";
4° § 3 is supplemented by a point 5 and 6, written as follows:
“5 people who have an addiction to the game. This access ban may be imposed at the request of any interested person. The application includes the reasons and is filed with the commission. The commission renders its decision after inviting the player concerned to present his defence;
6. persons for whom the claim for a collective debt settlement has been declared eligible. »;
5° in § 4, the words "of random games establishments of classes I and II" are replaced by the words "of access to games of chance within the meaning of this law for which an obligation of registration exists";
6° § 4 is supplemented by paragraph 3, which reads as follows:
"The information to be transmitted to the commission by the judicial authorities may be sent electronically. »;
7° in § 5, the words "Class I and Class II random play establishments" are replaced by the words "games of chance within the meaning of this Law".
Art. 36. In section 55 of the Act, as amended by the Royal Decree of 4 April 2003, the following amendments are made:
1° the words "Department of Justice" are replaced by the words "Federal Public Service Justice";
2° in the provision taken at 6° of the third paragraph, the words "the decision to exclude the playrooms of the establishments of games of chance" are replaced by the words "the exclusion decisions referred to in Article 54, § 3 and § 4. "
Art. 37. In section 58 of the Act, as amended by the Act of 8 April 2003, the following amendments are made:
1° paragraph 2 is supplemented by the following:
"Payment through credit cards is prohibited in the random gaming establishments of Classes II, III and IV and for random games operated through instruments of the information society. »;
2° Paragraph 4 is replaced by the following:
"The presence of automatic banknote distributors is prohibited in the random gaming establishments of Classes I, II, III and IV. The presence of currency exchangers in random games establishments of Classes I, II, III and IV is permitted. "
Art. 38. In section 59 of the Act, the following amendments are made:
1° the word "real" is inserted between the words "Current games" and the words "can not be practiced";
2° the article is completed as follows:
"This provision does not apply to betting practice. "
Art. 39. Paragraph 1^er Article 60 of the Act, amended by the Act of 8 April 2003, the words "classes II and III" are replaced by the words "classes II, III and IV and paragraph 2, the words "50 euros per week" are replaced by the words "400 euros per two months".
Art. 40. Section 61 of the Act, paragraph 2, is replaced by the following:
"The commission makes available to the random gaming establishments of Classes I, II, III, and IV pamphlets containing information about the dependency of the game, the call number of the help service 0800 as well as the addresses of the persons responsible for carrying assistance. The institutions concerned must always place and maintain these leaflets at the public's disposal at a visible location. If the holder of a licence makes use of the information society's instruments, the brochure must be available in electronic form. "
Art. 41. In section 62 of the Act, the following amendments are made:
1° in paragraph 3, the word "ten" is replaced by the word "five";
2° in paragraph 6, the words "class II or III" are replaced by the words "class I or II";
3° this article is supplemented by a paragraph, which reads as follows:
"The King determines the terms and conditions for the admission and registration of players for the practice of random games via an electronic communication network as well as the conditions that the registry must meet. "
Art. 42. In Article 63 of the Act, the words "articles 4, 8, 26, 27, 46 and 58" are replaced by the words "Articles 4 § 1^er4 § 3, 8, 26, 27 paragraph 1^er46 and 58."
Art. 43. In section 64 of the Act, the following amendments are made:
1° to paragraph 1^erthe words "of articles 54, 60 and 62" are replaced by the words "of articles 4 § 2, 43/1, 43/2, 43/3, 43/4, 54, 60 and 62";
2° Paragraph 2 is repealed.
Art. 44. The following amendments are made to section 71 of the Act:
1° in paragraph 1^er the words "class D licence" are replaced by the words "class C, D and F2 licences";
2° Paragraph 2 is replaced by the following:
"In the event of non-payment, the commission has the right to withdraw the contributions due to the guarantee. »;
Paragraph 4 is replaced by the following:
"The amount of the guarantee is fixed to:
1. the sum of 250,000 euros for a Class A licence;
2. the sum of 250,000 euros for an additional license A+;
3. the sum of 75,000 euros for a Class B licence;
4. the sum of 75,000 euros for an additional B+ licence;
5. the sum of 25,000 euros for holders of a Class E licence that take exclusively maintenance, repair or equipment of games of chance; the amount of 12,500 euros per tranche, started, of 50 devices, for all other holders of the Class E licence;
6. the sum of 10,000 euros for Class F1 licensees;
7. the sum of 75,000 euros for an additional class F1+ licence;
8. the amount of 80,000 euros for G1 licensees;
9. the sum of 0 euro for holders of a G2 class licence.
Art. 45. In chapter IX of the Act, an article 76/1, which reads as follows:
"Art. 76/1. Existing betting organizers, who may prove by way of a certificate from the federal public service Finance that they have met their tax obligations, may continue their activities until the Commission's decision regarding the granting of a Class F1 licence, subject to the payment of a guarantee and the filing of a complete and correct file within two months of the coming into force of this provision.
Class IV fixed and mobile gambling establishments and special intermediaries referred to in section 43/4, § 5, which are correctly declared to the federal public service Finance and which offer bets for which the organizer has fulfilled his tax obligations, may continue their activities until the commission's decision regarding the granting of a class F2 licence, subject to the payment of a guarantee by the organizer of the correct gambling they offer
If the conditions set out in this section are not met, the Panel may give the applicant the opportunity to correct the file within the time it determines. "
CHAPTER 3. - Amendment of the Civil Code
Art. 46. In article 1996, paragraph 1^er, from the Civil Code, the words "as well as the games of chance authorized by the law of May 7, 1999 on the games of chance, the bets, the establishments of games of chance and the protection of the players" are inserted before the words "are excepted from the previous provision. "
CHAPTER 4. - Amendments to the Tax Code assimilated to Income Tax
Art. 47. Article 2, paragraph 1^er, from the Tax Code assimilated to Income Tax, replaced by the Royal Decree of 29 March 1994 and amended by the Acts of 22 December 1998, 4 May 1999, 8 April 2003 and 10 August 2005, the number "327" is inserted between the number "307," and the number "337".
Art. 48. The title of Chapter VIII of Title III of the same Code is replaced by the following:
"Special provisions for horse races".
Art. 49. In section 66 of the same Code, replaced by the Act of 28 December 1973, the following amendments are made:
1° to § 1^er, the words "and the acceptance of bets on horse races" are deleted;
2° § 2 is repealed;
3° in § 3, points 2 and 3 are repealed.
Art. 50. Section 67 of the same Code, replaced by the Act of 28 December 1973, is repealed.
CHAPTER 5. - Amendments to the Income Tax Code
Art. 51. In article 327, § 6, of the Income Tax Code 1992, last amended by the law of July 28, 2006, the words "the law of May 7, 1999 on games of chance, establishments of games of chance and the protection of players" are replaced by the words "the law of May 7, 1999 on games of chance, bets, establishments of games of chance and the protection of players".
CHAPTER 6. - Amendment of the Act of 15 July 1960 on the moral preservation of youth
Art. 52. In Article 1^er, paragraph 4, of the law of July 15, 1960 on moral preservation of youth, last amended by the law of May 7, 1999, the words "the law of May 7, 1999 on games of chance, establishments of games of chance and the protection of players" are replaced by the words "the law of May 7 on games of chance, bets, establishments of games of chance and protection of players".
CHAPTER 7. - Amendments to the Act of 26 June 1963 on the encouragement of physical education, the practice of sports and outdoor life and the control of companies that organize bet competitions on the results of sports events
Art. 53. In the Act of 26 June 1963 on the encouragement of physical education, the practice of sports and outdoor life, and the control of companies that organize bet competitions on the results of sports events, are repealed:
1° Articles 1^er 9;
2° Article 12, 1°.
CHAPTER 8. - Amendments to the Act of 10 April 1990 regulating private and special security
Art. 54. In Article 8, § 11, 2°, of the Law of April 10, 1990 regulating private and special security, last amended by the Law of December 27, 2006, the words "the Law of May 7, 1999 on games of chance, establishments of games of chance and protection of players" are replaced by the words "the Law of May 7, 1999 on games of chance, bets, establishments of games of chance and protection of players".
CHAPTER 9. - Amendments to the Act of 11 January 1993 on the Prevention of the Use of the Financial System for the Purpose of Money Laundering and the Financing of Terrorism
Art. 55. In article 2bis, 5°, of the law of 11 January 1993 relating to the prevention of the use of the financial system for the purposes of money laundering and the financing of terrorism, last modified by the royal decree of 21 April 2007, the words "games of chance of class I" are replaced by the words "parks of games of chance of class I" and the words "the law of 7 May 1999 on random games, the establishments of the games of
CHAPTER 10. - Amendments to the Act of 19 April 2002 on the rationalization of the operation and management of the National Lotterie
Art. 56. Article 3, § 1^er the Act of 19 April 2002 on the rationalization of the operation and management of the National Lotterie, as amended by the Act of 24 December 2002, the following amendments are made:
1° in paragraph 1, the word "paris" is repealed;
2° in paragraph 2, the words "and bets" are inserted between the words "games of chance" and the words "in the forms", and the words "the law of May 7, 1999 on games of chance, establishments of games of chance and the protection of the players" are replaced by the words "the law of May 7, 1999 on games of chance, bets, establishments of games of chance and protection of the players".
Art. 57. Article 6, § 1^erin the same Act, as amended by the Act of 24 December 2002, the following amendments are made:
1° to 2°, the words "and paris" are inserted between the words "games of chance" and the words "in forms";
2° to 3°, the words "paris and" are repealed.
Art. 58. In section 21 of the Act, partially cancelled by the Court of Arbitration Decision No. 33/2004, the following amendments are made:
1° to § 1^erParagraph 1^er, the words "the bets" are inserted between the words "the games of chance" and the words "the establishments of games of chance";
2° to § 1^er, paragraph 2, the words "or bets" are inserted between the words "games of chance" and the words ", control";
3° in § 4, the words "the bets" are inserted between the words "the games of chance" and the words "the establishments of games of chance".
CHAPTER 11. - Transitional provision and entry into force
Art. 59. Contrary to the provisions of section 71 of the Law of 7 May 1999 on games of chance, establishments of games of chance and the protection of players, as amended by section 44, the guarantee system is maintained for holders of a Class C licence who obtained their licence before 1^er January of the year following the date of entry into force of this provision. The amount of the guarantee is defined annually in accordance with section 71 of the aforementioned Act of 7 May 1999.
Art. 60. By derogation from the provisions of Article 4, which provides for the repeal of Article 3, 4., of the Law of May 7, 1999 on games of chance, establishments of games of chance and the protection of players, as amended by the Programme Law of December 27, 2004, suppliers of television programs by means of series of numbers of the existing Belgian numbering plan, which, at the time of the entry into force of this provision, have a permission of chance
Art. 61. This Act comes into force on 1^er January 2011.
The King may fix an effective date prior to that referred to in paragraph 1^er for each of the provisions of this Act.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 10 January 2010.
ALBERT
By the King:
Minister of Justice,
S. DE CLERCK
Minister of Finance,
D. REYNDERS
Minister for Enterprise,
VAN QUICKENBORNE
The Minister of Public Health,
Ms. L. ONKELINX
The Minister of the Interior,
Ms. A. TURTELBOOM
Deputy Secretary of State to the Minister of Justice,
C. DEVLIES
Seal of the state seal:
Minister of Justice,
S. DECLERCK
Note
(1) References to parliamentary work to be resumed during the publication of the law in the Belgian Monitor.
Chamber of Representatives
Documents:
Doc 52 1992/ (2008/2009):
001: Bill.
002 to 005: Amendments.
006: Report.
007: Text adopted by the commission (Article 77 of the Constitution).
008: Text adopted by the commission (Article 78 of the Constitution).
009 : Erratum.
010: Amendments.
Doc 52 2121/(2008/2009):
001: Text adopted in plenary and transmitted to the Senate.
See also:
Full report: 15-16 July 2009.
Senate
Documents:
4-1411 - 2008/2009:
Number 1: Project referred to by the Senate.
No. 2: Amendments.
4-1411 - 2009/2010:
n^bones 3-5: Amendments.
Number 6: Report.
No. 7: Text amended by the commission.
No. 8: Text amended by the Senate and referred to the House of Representatives.
Annales of the Senate: November 19, 2009.
Chamber of Representatives
Documents:
Doc 52 2121/ (2008/2009):
002: Project amended by the Senate.
003: Amendment.
004: Text adopted in plenary and subject to Royal Assent.
See also:
Full report: 3 December 2009.