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Decree No. 2006-174 17 February 2006 On The Organization And Operation Of The Lo Games

Original Language Title: Décret n° 2006-174 du 17 février 2006 relatif à l'organisation et à l'exploitation des jeux de lo

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Keywords

ECONOMY , FINANCE , NATIONAL LOTTERY , FRANCAISE DES JEUX , GAMES , PLACING , GAIN , BATCH , ASSIGNING , ORGANIZATION , IMPLEMENTING , REGULATIONS , CONTROLE , ADVISORY COMMITTEE ON THE IMPLEMENTATION OF THE FRAMEWORK FOR GAMES AND RESPONSIBLE GAMBLING , COJER , COMPOSITION , COMPETENT AUTHORITY


JORF No. 42 of 18 February 2006 Page 2507
Text #8


DECRET
Decree n ° 2006-174 of 17 February 2006 concerning the organisation and operation of lottery games authorised by Article 136 of the Law of 31 May 1933 and by Article 48 of Law No. 94-1163 of 29 December 1994 and amending Decree No. 78-1067 of 9 November 1978

NOR: BUDB0510057D ELI: http://www.legifrance.gouv.fr/eli/decret/2006/2/17/BUDB0510057D/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/decret/2006/2/17/2006-174/jo/texte


The Prime Minister,
On the report of the Minister of Economy, Finance and Industry and the Minister Delegate to the Budget and Reform of the State, spokesperson for the Government,
Having regard to Article 136 of the Act of 31 May 1933 laying down the general budget for the financial year 1933;
Having regard to Article 48 of the amending finance law for 1994 (No 94-1163 of 29 December 1994);
In view of Decree No. 78-1067 of 9 November 1978, as amended by Decree No. 2002-651 of 29 April 2002 on the organisation and operation of lottery games authorised by Article 136 of the Law of 31 May 1933 and by Article 48 of the Financial Amendment Act for 1994 (No. 94-1163 of 29 December 1994),
Clipping:

Item 1
In the above-mentioned decree of 9 November 1978, the words: " Title I. -Organisation of lottery games "," Chapter I. -General provisions "," Chapter II. -The principles of allocation and consideration " And " Title II. -Operation of lottery games " Are deleted.

Item 2 Read more about this Article ...


Article 1 of the decree of 9 November 1978 is replaced by the following provisions:
" Art. 1. -Pursuant to Article 136 of the Law of 31 May 1933 and Article 48 of Law No. 94-1163 of 29 December 1994, it may be proposed to the public an offer of lottery games which must respect the following objectives:
-ensure integrity, The safety and reliability of gaming operations and ensure the transparency of their operation;
-channel the demand for games in a circuit controlled by the public authority, in order to prevent the risks of the exploitation of gambling Fraudulent or criminal purposes and to combat money laundering;
-to supervise the consumption of gambling in order to prevent the development of addictive phenomena;
-to ensure that minors under 16 years of age are not encouraged to Play. "

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In Article 3 of the above-mentioned decree of 9 November 1978, the words: " Articles 11 and 14 " Are replaced by the words: " In articles 12, 13 and 14 ".

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Article 9 of the decree of 9 November 1978 is supplemented by the following words: " Or on a combination of both. ".

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Article 11 of the aforementioned decree of 9 November 1978 is repealed.

Article 6 Learn more about this Article ...


Article 12 of the decree of 9 November 1978 referred to above becomes Article 11 of the same decree.

Article 7 Read more about this Article ...


Article 13 of the decree of 9 November 1978 referred to above becomes Article 12 of the same decree. In the last paragraph of this article, the words: Constitutes a product or a charge of the company referred to in Article 17 " Are replaced by the words: " Is registered in a common fund for instant lottery games. The amounts entered in this fund may be used in accordance with the provisions of the 1st paragraph of Article 13. At the end of the year, the unencumbered balance of this fund shall be allocated to the company referred to in Article 17 ".

Article 8 Learn more about this Item ...


A new section 13 reads:
" Art. 13. - For games other than the instant lotteries referred to in Article 12, the prizes not claimed by the winners in the time limits laid down by the rules of the games shall be allocated to a reserve fund per game, on which May be levied, in accordance with the terms and conditions laid down in the rules of the game, all sums necessary for the payment of additional prizes or prizes or the award of benefits in cash or in kind to all or part of the participants in the game. These gains or lots may be announced in advance to the players, net of any levy.
The criteria for the award of these gains or prizes or prizes must respect the principle of equality referred to in section 4
Reserve funds of a game would be insufficient for this purpose, the sums required may be deducted from the reserve fund of another game.
At the end of the operation of a game, the balance of the contingency fund shall be allocated to the fund of Reserve of one of the other games of the corporation referred to in section 17 and, failing that, the permanent fund referred to in section 14 if it is a distribution set or the corporation referred to in section 17 if it is a quid.
Sums paid in the reserve funds are sums pending the assignments referred to in this Article, of which the company referred to in Article 17 is only the depositary, while at the same time being able to benefit from financial products which May result. "

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The provisions appearing after the first paragraph of Article 14 of the Decree of 9 November 1978 are replaced by the following provisions:
" At the creation or in a substantial evolution of a Such a game, the company referred to in Article 17 shall submit to the Minister responsible for the budget an estimate of the counterparty risks of the game. The Minister shall determine by order the share of the funds allocated to the structural endowment of the Matching Fund to cover the counterparty risk.
At the end of the fiscal year, the amount, if any, recorded in a matching fund account The risk assessment shall be allocated to a permanent fund common to all games of the company referred to in Article 17.
At the end of the operation of a game referred to in the first paragraph of this Article, the positive or negative balance of the Counterparty funds, taking into account the risk estimate, is allocated to the above permanent fund.
The amounts recorded in the permanent fund may be used to raise funds for other games for which the balance would be insufficient to Coverage of the counterparty risk or for the payment of additional gains or lots or the allocation of cash or in-kind benefits to all or part of the participants in a game.
If, at the end of a fiscal year, the total amount of the fund Permanent is greater than 1 % of the total number of the company registered in Article 17 during this financial year, the surplus recorded is allocated to the state budget.
The amounts allocated to the matching funds and the fund Shall be an amount pending the assignment referred to in this Article, of which the company referred to in Article 17 is only the depositary, while at the same time being able to benefit from the financial products which may result. "

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The second paragraph of Article 16 of the aforementioned decree of 9 November 1978 is repealed.

Article 11
Article 17 of the Decree of 9 November 1978 is replaced by the following:
" Art. 17. - The organisation and operation of such games shall be entrusted to a public undertaking constituted in the form of an anonymous company. The statutes of this company, La Française des jeux, are approved by the minister responsible for the budget and the minister responsible for the economy and finance.
A decree of the minister responsible for the budget specifies the terms according to which this Shall carry out its duties in accordance with the objectives set out in Article 1 of this Decree. "

Item 12
Article 18 of the decree of 9 November 1978 superseded by the following provisions:
" Art. 18. - The company may use the assistance of third parties for tasks covered by its object. In carrying out its mission, it may enter into partnership agreements with third parties. It may proceed, alone or in conjunction with foreign game operators, to play games or to organise and operate games outside the French departments, in accordance with the terms and conditions it defines with the authorities The
carried out in these different frameworks shall take into account the objectives referred to in Article 1 of this Decree. "

Item 13 Read more about this Article ...


Article 19 of the decree of 9 November 1978 superseded by the following provisions:
" Art. 19. - The Minister responsible for the budget establishes a committee, known as the Advisory Committee for the Implementation of the Policy on the Framework for Games and Responsible Gambling, which is responsible for advising on the implementation of the policy. Management of games operated by the company, in accordance with the objectives set out in Article 1.
This committee may prescribe the conduct of studies in relation to its mission. These studies are financed by the company within the limit of an amount fixed annually by the Minister responsible for the budget. The composition and operating procedures of this Committee shall be determined by order of the Minister responsible for the budget. "

Item 14
Article 20 of the above-mentioned Decree of 9 November 1978 is repealed.

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In Article 21 of the aforementioned decree of 9 November 1978, the words: " Lottery defined in the title "Ier" Are deleted.

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The Minister of Economy, Finance and Industry and the Minister Delegate to the Budget and State Reform, Government Spokesperson, are responsible, each as far as it is concerned, for the implementation This Decree shall be published in the Official Journal of the French Republic.


Done at Paris, February 17, 2006.


Dominique de Villepin


By the Prime Minister:


Associate Minister Budget

and state reform,

Government Spokesperson,

Jean-François Copé

Finance and Industry Minister



Thierry Breton


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