Law 13/2011 From 27 May, Control Of The Game.

Original Language Title: Ley 13/2011, de 27 de mayo, de regulación del juego.

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TEXT

JUAN CARLOS I

REY DE ESPAÑA

To all who see it and understand it

Know: That the General Courts have passed and I come to punish the following law.

CONTENTS

Title I. Object and scope of application.

Article 1. Object.

Article 2. Scope of application.

Article 3. Definitions.

Article 4. Lotteries.

Part II. General provisions.

Article 5. Regulation of games.

Article 6. Objective and subjective prohibitions.

Article 7. Advertising, sponsorship and promotion of play activities.

Article 8. Consumer protection and responsible gaming policies.

Part III. Enabling titles.

Article 9. Subject of the activity of the game to the previous obtaining of enabling title.

Article 10. General licenses.

Article 11. Unique licenses.

Article 12. Authorizations for the celebration of occasional games.

Part IV. Activity control.

Chapter I. Operators.

Article 13. The operators.

Article 14. Guarantees required to operators.

Chapter II. Participants.

Article 15. Rights of participants in the games.

Chapter III. Homologation of technical gaming systems.

Article 16. Homologation of technical gaming systems.

Article 17. Technical systems requirements.

Article 18. Central Game Unit.

Part V. The administration of the game.

Chapter I. The Ministry of Economy and Finance.

Article 19. Competitions of the Ministry of Economy and Finance.

Chapter II. The National Game Commission.

Article 20. Object and legal nature.

Article 21. Functions.

Article 22. The Game Sector Registers.

Article 23. Regulatory competition.

Article 24. Inspection and control.

Article 25. Arbitration of the National Game Commission.

Article 26. The Council. Appointment and mandate of the members of the Council of the National Game Commission.

Article 27. The President of the National Game Commission.

Article 28. Functions of the members of the Council.

Article 29. Causes of cessation in the exercise of the post.

Article 30. Recruitment.

Article 31. Staff rule.

Article 32. Budgetary and control system.

Article 33. Economic-Financial Regime and Resources of the National Gambling Commission.

Chapter III. The Game Policy Council.

Article 34. The Game Policy Council.

Article 35. Competitions.

Part VI. Penalty regime.

Article 36. Competition.

Article 37. Infruits.

Article 38. Offenders.

Rule 39. Very serious breaches.

Article 40. Serious breaches.

Article 41. Mild breaches.

Article 42. Administrative sanctions.

Article 43. Prescription.

Rule 44. A sanctioning procedure.

Article 45. Resource system.

Article 46. Precautionary measures.

Article 47. Measures relating to brokerage service providers.

Part VII. Fiscal system.

Article 48. Gambling tax.

Article 49. Rate for the administrative management of the game.

First additional provision. Reserve the Lottery Game Activity.

Second additional provision. Specific legal regime applicable to the ONCE in play.

Additional provision third. Financial allocation to the ONCE and certain State Sports Responses.

Additional provision fourth. Participation of the Autonomous Communities in the approval of new modes of play.

Fifth additional provision. Autonomous cities of Ceuta and Melilla.

Sixth additional provision. Participation in the collection of Sports Betting.

First transitional provision. Exercise of administrative competencies before the start of activities of the National Game Commission.

Second transitional provision. Enabling titles of the State Society Lotteries and State Betting.

Third transitional provision. Normative of the games.

Fourth transitional provision. Transitory regime for sales points and commercial delegations of the State Lotteries and State Betting Society.

Fifth transitional provision. First mandate of the Councillors of the National Game Commission.

Sixth transitional provision. Transitory regime of tax assignment.

Seventh transitional provision. Convalidations and approvals of the Autonomous Communities.

8th transitional provision. Transitional regime of the sanctioning regime.

Ninth transitional provision. Transitory regimen of sports sponsorships about the game.

Derogatory provision.

Final provision first. Competition title.

Final provision second. Faculty of development.

Final provision third. Extinction of certain Public Agencies.

Final provision fourth. Update the amount of the sanctions.

Final provision fifth. Modification of the rates on the game.

Final provision sixth. Amendment of the tenth additional provision of Act No. 6/1997 of 14 April on the Organization and Operation of the State General Administration.

Final provision seventh. Exemptions in the Tax on Value Added and Tax General Indirect Canario.

Final provision octave. Amendment to Law 2/2011 of 4 March on Sustainable Economy.

Ninth final disposition. Maintenance of the tax regime applicable in the Income Tax on Physical Persons to awards already exempted in that tax at the time of entry into force of this Law.

Tenth final provision. Regime applicable to Concert and Convention systems.

Final eleventh provision. Entry into force.

PREAMBULATION

I

Since the decriminalization of the game in the Royal Decree Law 16/1977 of 25 February, which regulates the criminal, administrative and fiscal aspects of the Games of Suerte, Envite or Azar and Apuestas, and mainly due to the disruption of the new electronic communications services and the use of interactive gaming services through the Internet, has changed substantially, both in Spain and in other countries.

For many years, the legal regime of the game has undergone few changes. However, recently, as a result of the aforementioned rash of bets and games over the Internet and when the territorial limits of traditional trade relations are overcome, the doctrine of the Court of Justice of the European Union has pointed out the need to establish a sized offer of play.

In parallel to this process of change, new operators have appeared in the game market for which the current regulations do not provide an adequate regulatory response.

The lack of adequate policy instruments to respond to the questions raised in the face of the new market situation has generated in the gaming sector the need to establish new regulatory mechanisms that provide legal security to operators and participants in the different games, without forgetting the essential protection of minors, those who have voluntarily requested non-participation, as well as the protection of public order and the prevention of phenomena of money-laundering and financing of terrorism.

II

The advance in the communication services and, as a result of their application to the gambling activities, the delinking of this type of activities of the territory, has brought with it the need to start a new way in the regulation of the field of the game ensuring greater effectiveness in the fulfillment of the inescapable objectives of guardianship and social protection of the minors and of the participants in the games, while aiming to achieve other important objectives such as the prevention of fraudulent activities,

The above-mentioned aims, as well as the need to provide the playing field with adequate regulation, have reflected in various parliamentary initiatives and in mandates to the Government as the one established, at the national level, in the Additional Vigest Provision of Law 56/2007, of 28 December, of Impulse Measures of the Information Society and, at the community level, in the Resolution of the European Parliament of 10 March 2009 on the integrity of the line.

In short, with the most absolute respect for the competition framework defined by the Constitution and the Statutes of Autonomy, the need to provide a new legal framework for the activities of exploitation and management of games at the state level and, in particular, those games that are practiced through electronic, computer, telematic and interactive means and in which the presenceal media have an accessory character.

The development of a policy framework that responds to the needs of the gaming sector must be carried out without prejudice to the full recognition of the competitions in the field of play that the Autonomy Statutes attribute to the respective Communities, including, in some cases, the capacity of the latter to collaborate in the exercise of state competencies in relation to gambling activities. This circumstance has made it necessary to design asymmetric procedures and mechanisms that facilitate the necessary collaboration and coordination of the State and the Autonomous Communities in the exercise of state competences in the field of gambling.

III

In compliance with and development of the mandate provided for in the aforementioned Supplementary Provision of Law 56/2007 of 28 December on Impulse Measures of the Information Society and for the purpose of controlling gambling activities at the state level, especially if they are carried out through electronic, computer, telematic and interactive means, it has been necessary to establish a system of planning and access to the development of the activity, to determine the regulatory and regulatory powers.

These objectives constitute, therefore, one of the essential purposes of this Law that is to be the sectoral standard of reference in the field of the exploitation of games through electronic, computer, telematic and interactive means in the state field, while at the same time seeking the coordination or integration of the regulation that is now approved with the general normative framework of the activity of play in our country and with other sectoral rules on which this Law may have an impact, such as

This Law, on the basis of the existence of a dimensioned offer, seeks to regulate the way of accessing the exploitation of gambling activities at the national level, also allowing the opening of the sector to a plurality of game operators. However, it is an opening of the sector that must be controlled in order to guarantee the protection of all the interests involved and to preserve public order with full respect to the inspiring principles of Community Law.

The large amount of game associated with lotteries, as well as the possibility that the nature of payment documents to the bearer of their tickets and tickets can be used as a tool for money-laundering, requires a reservation of this activity to certain operators, public or private, who must be subject to strict public control, thus ensuring the protection of the interests of the State against the risks of fraud and criminality, while avoiding the pernicious effects of the game on consumers.

In this sense, it is fully necessary to maintain the exclusive reservation of the activity of the game of lotteries of state scope in favor of the State Society Lotteries and Bets of the State and of the National Organization of Spanish Blinds (ONCE), as game operators who have been operating in a controlled way to date these lotteries.

The State Lotteries and State Betting Society will continue to be subject to a public control regime of its activity given the large volume of game managed by this and its extensive commercial network, of great roots in Spanish society for more than 250 years. On the other hand, the National Organization of Spanish Blinds (ONCE), which has since 1938 been consolidated in Spain as a unique social institution in the goal of care for persons with disabilities, will continue to maintain its legal singularity in play in activities subject to reserve, as set out in the first, second and third additional provisions of this Law.

To this end, the Ministry of Economy and Finance and the National Gambling Commission, the establishment of authorisation procedures and the adoption of measures that allow the monitoring and control of operators who engage in play activities subject to reservation under this Act and the control of compliance by them, with the conditions established, in particular, in relation to the protection of public order and the prevention of money-laundering and the financing of money-laundering.

IV

From the maximum respect for the competences of the Autonomous Communities, this Law is based on the numbers 6, 11, 13, 14 and 21 of the first paragraph of Article 149 of the Spanish Constitution and on the repeated doctrine of the Constitutional Court, manifested in numerous judgments, among which it is worth noting, the number 163/1994 of 26 May, which declares the existence of a state competition in the field of play that is to be exercised by the State in the name of the autonomous matter.

The regulation of the games at the state level has been established in accordance with the terms of reference set out in paragraph 6 of the Vigesima Additional Provision of Law 56/2007 of 28 December on Impulse Measures of the Information Society. The State ' s competencies in the field of gambling must be understood, however, without prejudice to the full recognition of the competences which, in this regard, attribute the Statutes of Autonomy to the respective Autonomous Communities, which has made it necessary to design procedures and mechanisms for coordination between the State and the Autonomous Communities. To this end, the Gambling Policy Council is established as a collegiate body that will ensure the participation of the Autonomous Communities in the establishment of the principles of the rules of the games and the measures of protection for minors and dependents. In any case, through the Policy Council of the Game, the performance of the State and Autonomous Communities in licensing will be coordinated.

This Law establishes the regulation of the play activities carried out through electronic, computer, telematic and interactive channels and in which the presenceal media must have an accessory character, except for the presenceal activities of the game subject to reservation developed by the entities designated by the law that, by their nature, are exclusively of State competence.

In order to fully respect the competences of the Autonomous Communities on the face-to-face game, this Law introduces the obligation for the Autonomous Communities to issue preceptively a report on applications for titles that may affect their territory. The granting of any enabling title shall require, for the installation or opening of premises open to the public or of equipment that permit the participation of the games, administrative authorization of the Autonomous Community, which shall be granted in accordance with the policies of each of them.

V

This Law is divided into seven titles, with forty-nine articles, six additional provisions, nine transitional provisions, a repeal provision and eleven final provisions.

Title I, “Object and scope of application”, regulates the object and scope of application of the Law, both from an objective (regulated activity) and territorial (ambit of activity). In this way, the scope of this rule extends to all activities of organization, exploitation and development of gambling activities at the state level carried out through electronic, computer, telematic and interactive means, in which the presenceal media are of an accessory character, as well as to the advertising activity connected with it, provided that such activities are directed to the entire territory of the State, adopting the criterion of distribution of competence established in other sectoral rules such as Law 34/2002, In addition, different definitions of games, including those of a sporadic nature, are incorporated and the reserve and control regime of the lottery activity is established.

Title II, “General Provisions”, reflects the requirements of the games, as well as the objective and subjective prohibitions to the activities subject to regulation, with the provision of the creation or adequacy of the administrative instruments necessary to ensure compliance with the subjective prohibitions. It also regulates the advertising of the game under the competence of the State provided for in the number 6 of the first paragraph of article 149 of the Spanish Constitution, in particular with regard to the protection of youth and children, guaranteed in article 20, paragraph 4, of the Spanish Constitution. In addition, the principles and practices to be adopted are collected in order to protect public order, guaranteeing the integrity of the game, as well as preventing and mitigating the addiction to the game and the harmful effects that it might cause, simultaneously optimizing the benefits for society.

In Title III, "Enabling Titles", the characteristics of the different types of enabling titles, licenses and authorizations are established, and the authorization regime applicable to operators as game operators, providing a procedure of granting respect to the general principles of Community Law.

In Title IV, "Control of activity", the minimum technical requirements, which are subject to further specific regulatory development, must be met by the technical equipment and systems that support the activity of authorized games and which will guarantee that minors and disabled persons and persons who, either by their own will, or by judicial resolution, are prevented from accessing the games developed and through the means of interactive means.

In Title V, "The Management of the Game", the competencies corresponding to the Ministry of Economy and Finance in the field of play are established. A regulatory body, the National Gambling Commission, is created, which is assigned all the necessary competences to ensure and ensure the integrity, safety, reliability and transparency of gaming operations, as well as compliance with existing regulations and the conditions established for their exploitation. In addition, this unique regulatory body will channel the demand by dimensioning the supply of play activities, avoiding the exploitation of gambling activities for fraudulent purposes and establishing the appropriate framework to protect minors and prevent the development of dependency phenomena. Finally, the Gambling Policy Council is established as the participation body of the Autonomous Communities.

Title VI, “Researching Regime”, establishes the regime of infractions and sanctions in relation to the activities covered by this Law, as well as the sanctioning procedure, including provisions for action against the unauthorized game by blocking the activity that can be carried out through electronic, computer, telematic and interactive means.

And finally, in Title VII, "Procurator's Law", it is determined, in accordance with the provisions set out in the Additional Vigest Provision of Law 56/2007 of 28 December, of Measures of Impulse of the Information Society, the tax regime applicable to the development of the play activities regulated by this Law, without prejudice to the maintenance of the provisions of Articles 36 et seq. of Decree 3059/1966, of 1 December

This new tax, at the state level, encumbers gambling operations, as well as random combinations for advertising or promotional purposes, even if they are not strictly gambling.

In addition to the above, the participation of the Autonomous Communities in the new tax of the game is regulated by the cession of the collection obtained by the tax corresponding to the revenues for the game of the residents in each Community, the state reserving the collected by the account of the non-resident players in Spain and therefore corresponding to the mutual state sports bets and the state water mutual bets.

The new tax, as has been said, does not affect the current rates of the game, being compatible with the same, which are still taxed to the Autonomous Communities as a whole.

Finally, a tax rate is established on the activities and services provided to operators by the National Gambling Commission.

VI

This Law has been subject to the procedure of information concerning technical regulations and regulations relating to the services of the information society, regulated by Royal Decree 1337/1999 of 31 July, in order to comply with the provisions of Directive 98/34/EC of the European Parliament and the Council of 22 June 1998, as amended by Directive 98/48/CE of the European Parliament and the Council of 20 July 1998.

PART I

Object and scope of application

Article 1. Object.

The purpose of this Law is the regulation of the play activity, in its various forms, which takes place at the state level in order to guarantee the protection of public order, combat fraud, prevent addictive behaviour, protect the rights of minors and safeguard the rights of the participants in the games, without prejudice to the provisions of the Statutes of Autonomy.

The Act regulates, in particular, the play activity referred to in the preceding paragraph when carried out through electronic, computer, telematic and interactive channels, in which the presenceal media must have an accessory character, as well as the games developed by the entities designated by this Law for the conduct of activities subject to reservation, regardless of the marketing channel of those.

Article 2. Scope of application.

1. Within the object defined in the previous article, the following play activities are included in the scope of this Law when the activity developed has a state scope:

(a) The gambling activities of lotteries, bets and others, in which amounts of money or objects are risked economically assessable in any way, about future and uncertain results, and that allow their transfer between the participants, regardless of whether they predemine the degree of skill of the players or are exclusively or fundamentally lucky, envite or chance.

(b) The rivets and contests, in which the participation is carried out by means of economic contracting.

(c) The games of occasional character, which differ from the rest of the games provided in the previous sections due to their sporadic character.

(d) Transboundary play activities, that is, those carried out by natural or legal persons living outside Spain who organize or offer games activities to residents in Spain.

Publicity, promotion and sponsorship activities related to play activities related to this section are also included in the scope of this Law.

2. They are excluded from the scope of this Law:

(a) The games or competitions of pure leisure, hobby or recreation that constitute social uses and develop in the state sphere, provided that they do not produce economically assessable transfers, except the price for the use of the precise means for their development and when it does not constitute any economic benefit to the promoter or the operators.

(b) The play activities carried out through electronic, computer, telematic or interactive media whose scope is not state.

(c) Random combinations for advertising or promotional purposes, without prejudice to the provisions of Title VII of this Law.

Article 3. Definitions.

For the purposes of this Law, the terms used therein shall have the meaning set forth in this article.

(a) Game. It is understood by game any activity in which amounts of money or objects are risked economically assessable in any form on future and uncertain results, dependent to some degree of chance, and that allow their transfer between the participants, regardless of whether they dominate the degree of skill of the players or are exclusively or fundamentally of luck, envy or chance. The prizes can be in metal or species depending on the game mode.

(b) Lotteries. The game activities in which prizes are awarded are understood by lotteries in cases where the number or combination of numbers or signs, expressed in the ticket, ticket or electronic equivalent, coincide in whole or in part with the given by a draw or event held on a previously determined date or in a previous program, in the case of snapshots or prisoners. Lotteries will be marketed in tickets, tickets or any other form of participation which is material, computer, telematic, phone or interactive.

(c) Bets. It is understood by bet, whatever its modality, that play activity in which amounts of money are risked on the results of a previously determined event whose outcome is uncertain and alien to the participants, determining the amount of the prize given according to the risky amounts or other factors set previously in the regulation of the specific bet modality.

Depending on the event on which the bet is made, this can be:

1. Sport bet: is the prognostic contest on the result of one or more sporting events, included in the programs previously established by the organizing entity, or on sporting events or activities that are part of or develop within the framework of such events or competitions by the game operator.

2. Hypic bet: is the prognosis contest on the result of one or several horse races included in the programs previously established by the organizing entity.

3. Other bets: is the prognostic contest on the result of one or more events other than the previous ones included in the programs previously established by the game operator.

According to the organization and distribution of the bet amounts, the bet may be:

1. Mutual bet: is the one in which a percentage of the sum of the bets is distributed among those betting who had successful the result of the bet.

2. Counterpart bet: is the one in which the gambler bets against a game operator, being the prize to get the result of multiplying the amount of the winning forecasts by the coefficient that the operator has previously validated for them.

3. Cross bet: is the one in which an operator acts as an intermediary and guarantor of the amounts waged between third parties, detracting the amounts or percentages previously fixed by the operator.

(d) Rifles. It is understood by rifa that mode of play consisting of the award of one or more prizes by holding a random draw or selection, among the purchasers of tickets, ballots or other documents or participation supports, differentiated between whether, whether of a material, computer, telematic or interactive character, on a previously determined date, and provided that an economic contribution is necessary to participate. The object of the rifa can be a piece of furniture, property, semoviente or rights linked to them, provided that they are not dinerary prizes.

(e) Contests. It is understood by contests that mode of play in which its offer, development and resolution is carried out by a means of communication either of television, radio, Internet or another, provided that the activity of play is connected or subordinate to the main activity. In this mode of play to have the right to obtain an award in cash or in kind, participation is made either directly by means of an economic disbursement, or by means of telephone calls, sending text messages or any other electronic, computer or telematic procedure, in which there is an additional pricing, the fact that in awarding the prizes intervenes, not only the chance, but also the overcoming of competition tests.

For the purposes of the present definition, programmes in which the contestant still exists do not make any kind of economic disbursements to participate, either directly or through telephone calls, sending text messages or any other electronic, computer or telematic procedure, in which there is an additional fee.

(f) Other games. They are all those games that have no place in the above definitions, such as poker or roulette, where there is a random or random component and where amounts of money or economically valued objects are risked.

(g) Games through face media. They are those in which the bets, forecasts or combinations should be formulated in a setting of a game operator through an online terminal, either by presenting a ticket, flyer or a document established for the purpose in which the forecasts, combinations or bets have been recorded, either by typing the same at the corresponding terminal, or by its automatic request to the terminal, based on chance. Any of the formulas mentioned above will be transmitted to a central system and then the terminal will issue one or more safeguards in which the following data will be found: type of game and detail of the way in which the participant can access or obtain the rules or bases of the same, forecasts made, date of the day, event or period in which he participates, number of bets or combinations played and control numbers. In addition to the protection or protections referred to above, there will be a unique safeguard issued by the terminal located at the authorized point of sale in question, which will contain at least the data mentioned above, and which constitutes the only valid instrument to request the payment of prizes and the only proof of participation in the contests.

(h) Electronic, computer, telematic and interactive play. They are those in which any mechanism, installation, equipment or system is used to produce, store or transmit documents, data and information, including any open or restricted communication networks such as television, Internet, fixed and mobile telephone or any other, or interactive communication, whether in real time or in deferred.

(i) Random combinations for advertising or promotional purposes. They are understood by such those draws which, for the sole purpose of advertising or promotion of a product or service, and having as the only counterprestation the consumption of the product or service, without any overprice or additional pricing, offer prizes in metal, species or services, demanding, in their case, the client status of the entity subject of advertising or promotion.

Article 4. Lotteries.

1. State-wide lotteries will be reserved for operators designated by the Law.

2. The holder of the Ministry of Economy and Finance is responsible for the authorization for the commercialization of local lotteries. The authorization will set the conditions of management of the games in:

(a) The minimum and maximum percentage for awards.

(b) The conditions and requirements for the holding of draws, where appropriate and the setting of the number thereof.

(c) The rights of participants and claim procedures.

(d) The conditions under which publicity and sponsorship of authorized activities may be carried out.

(e) Measures for the protection of minors, dependants and for the prevention of fraud and money-laundering and the financing of terrorism in the terms of Law 10/2010 of 28 April.

3. In the exploitation and marketing of lotteries, authorized operators will cooperate with the State in the eradication of illegal games, in the pursuit of fraud and criminality and in the avoidance of the pernicious effects of the games.

4. The authorized operators, without prejudice to the fulfilment of the obligations referred to in article 8 of this Law, shall notify the National Commission of the Game of a Plan of Measures in which the additional commitments made by the operator in the responsible management of the game, the participation in the repair of the negative effects of the same and the contribution of the authorized operator to plans, projects or actions for the benefit of society.

PART II

General provisions

Article 5. Regulation of games.

1. The Ministry of Economy and Finance shall establish, by Ministerial Order, the basic regulation for the development of each game or, in the case of sporadic games, the general basis for the approval of its practice or development.

2. The establishment of requirements for the development of or modification of the games shall, as appropriate, be understood as authorization of new modes of games or as modification of existing ones.

3. Any unregulated game mode shall be deemed prohibited.

4. The regulation or bases shall, depending on the nature of the game, provide for the requirements to avoid their access to minors and disabled persons and to prevent the use of images, messages or objects that may directly or indirectly violate the dignity of persons and fundamental rights and freedoms, as well as any possible form of racial or sexual discrimination, incitement to violence or criminal activities.

Article 6. Objective and subjective prohibitions.

1. Any activity related to the organization, exploitation and development of the games covered by this Law is prohibited which, by its nature or by reason of the object on which they are:

(a) It is against the dignity of persons, the right to honour, personal and family privacy and the image itself, against the rights of youth and children or against any constitutionally recognized right or freedom.

(b) They are based on offences, offences or administrative offences.

(c) Relapse on events prohibited by existing legislation.

2. From a subjective point of view, participation in the games covered by this Law is prohibited to:

(a) Minors and disabled persons legally or by court order, in accordance with the provisions of civil law.

(b) Persons who have voluntarily requested that access to the game be prohibited or prohibited by a firm court order.

(c) The shareholders, owners, shareholders or significant holders of the game operator, their managers and employees directly involved in the development of the games, as well as their spouses or persons with whom they live, ascendants and descendants in the first degree, in the games that manage or exploit them, regardless of whether the participation in the games, on the part of any of the above, is produced directly or indirectly, through legal persons.

(d) Sportsmen, coaches or other direct participants in the event or sporting activity on which the bet is made.

(e) The directors of the participating sports or organizers regarding the event or sporting activity on which the bet is made.

(f) Judges or arbitrators who exercise their functions in the sporting event or activity on which the bet is made, as well as those who resolve the resources against the decisions of those.

(g) The President, the advisors and directors of the National Game Commission, as well as their spouses or persons with whom they live, ascendants and descendants to the first degree and all the staff of the National Game Commission who have assigned inspection and control functions in the field of play.

(h) Whatever other people a rule may establish.

3. In order to guarantee the effectiveness of the previous subjective prohibitions, the National Commission of the Game will establish the measures that, according to the nature of the game and potential damage to the participant, may be required to the operators for the effectiveness of the same. It will also create the General Register of Access to Game Interdictions and the Register of People Linked to Game Operators, both of which are statewide.

Article 7. Advertising, sponsorship and promotion of play activities.

1. In accordance with Law 34/1988 of 11 November, General of Publicity, advertising, sponsorship or promotion, in any way, of the games of luck, envite or chance and the advertising or promotion of the gaming operators, is prohibited when the corresponding authorization for the realization of advertising contained in the title enabling.

The game operator shall have the corresponding enabling title in which he is authorized to develop play activities through programmes broadcast in audiovisual media or published in the media or web pages, including those play activities in which the means to access an award consists of the use of additional pricing services provided through telephone calls or message-based.

2. The conditions to be included in the respective titles for the authorization of the advertising activity and its limits shall be established and, in particular, with respect to:

(a) The sending of advertising or promotional communications by e-mail or by any other means of equivalent electronic communication, which will only be possible if it has been previously authorized by its recipient, in accordance with the provisions of section 21 of Law 34/2002, of 11 July, of Information Society and Electronic Commerce Services.

(b) The inclusion of advertisements or other advertising forms of games in the media and other advertising media.

(c) Sponsoring activity in sports events that are subject to betting.

(d) The insertion of advertising posters of play activities in places where events are held whose results are subject to betting or lotteries.

(e) The development of television contests and reporting obligations on the essential requirements of the game.

(f) Any other statutory provisions.

3. Any entity, advertising agency, provider of audio-visual or electronic communication services, means of communication or service of the information society that diffuses the advertising and direct or indirect promotion of games or of its operators, must note that whoever requests the insertion of advertisements or advertising claims has the corresponding enabling title issued by the National Commission of the Game and that it authorizes him for the realization of the requested advertising, abstaining from its practice if it lacks that one. The National Gambling Commission, through its website, will keep up-to-date and accessible information about enabled operators.

4. The National Gambling Commission in the exercise of the administrative authority to require the cessation of the advertising of the gambling activities, will address the entity, advertising agency, provider of audiovisual or electronic communication services, means of communication or service of the corresponding information society, reasonably indicting the infringement of the applicable regulations.

The entity, advertising agency, provider of audio-visual or electronic communication services, means of communication or service of the information society shall, in the two natural days following its receipt, communicate the compliance of the requirement. In the event that the advertising message has a positive prior consultation report issued by an advertising self-regulation system with which the National Gambling Commission has a collaboration agreement with those provided for in section 24, paragraph 5, of this Law, it will be understood that it was acted in good faith if it had been subject to such a positive prior consultation report, for the alleged administrative action carried out in the framework of a sanctioning record.

Article 8. Consumer protection and responsible gaming policies.

1. Responsible gaming policies assume that the exercise of play activities will be addressed from an integral policy of corporate social responsibility that contemplates the game as a complex phenomenon where preventive actions, awareness, intervention and control are to be combined, as well as repairing the negative effects produced.

Preventive actions will be aimed at sensitizing, informing and disseminating the good practices of the game, as well as the possible effects that an unsuitable practice of the game can produce.

Gambling operators should develop a plan of action in relation to mitigating the potential harmful effects that the game may have on people and incorporate the basic policy rules of the responsible game. With regard to consumer protection:

(a) Pay due attention to groups at risk.

(b) Provide the public with the information necessary to make a conscious selection of their play activities, promoting moderate, non-compulsive and responsible gaming attitudes.

(c) Report in accordance with the nature and means used in each set of the prohibition of participation of minors or persons included in the General Register of Access to the Game or in the Register of Persons Linked to Game Operators.

2. Operators may not grant loans or any other form of credit or financial assistance to participants.

PART III

Enabling titles

Article 9. Subject of the activity of the game to the previous obtaining of enabling title.

1. The exercise of the unreserved activities that are subject to this Law is subject to the prior obtaining of the corresponding qualification, as provided for in the following articles. In accordance with this Law, licenses and authorizations of play activities are entitled.

The Autonomous Communities shall issue a preceptive report on the applications for titles made to the National Gambling Commission that may affect their territory. For this purpose, play activities will be considered to affect an Autonomous Community, when the gaming operators have in it their residence, social domicile or, if they do not agree with them, the place where the administrative management and management of their business is effectively centralized.

The installation or opening of premises open to the public or of equipment that allows participation in the games will, in any case, require administrative authorization from the Autonomous Community whose legislation so requires. These authorizations will be governed by the corresponding autonomic legislation.

The National Gambling Commission will inform the competent autonomous bodies of the granting of the titles that affect their territory. The same procedure shall be followed in the event of modification, transmission, revocation and termination of the qualifications, as well as in the cases of sanction of the activities subject to them.

2. Any activity within the scope of this Law that is carried out without the preceptive title enabling or in violation of the conditions and requirements set forth in it shall have the legal consideration of prohibition, being subject to those who promote it or carry out the penalties provided for in Title VI of this Law.

3. Enabling titles required for the exercise of play activities under this Law may not be subject to assignment or exploitation by third parties. The transfer of the title may only be carried out, with the authorization of the National Gambling Commission, in cases of merger, excision or contribution of activity branch, motivated by a business restructuring.

4. The titles granted by other States shall not be valid in Spain. The operators recognized by other member States of the European Economic Area must comply with the requirements and the procedure established by the current legislation. The procedure by which the National Commission of the Game will be able to validate the documentation already presented by an authorized operator in the European Economic Area, exempting from its new presentation in Spain will be established.

5. The licenses and authorizations regulated in this Law shall be extinguished in the following cases:

(a) By express resignation of the person concerned in writing.

(b) In the course of its period of operation without the request or grant of its renewal, when such renewal had been provided on the basis of the call for the corresponding procedure.

(c) By resolution of the National Gambling Commission, which expressly provides for the concurrence of any of the following causes of resolution:

1.o Loss of all or any of the conditions that determined their granting.

2. The death or disability of the authorisation holder, where he is a natural person, the dissolution or extinction of the license or authorization company, as well as the definitive cessation of the activity subject to such enabling titles or the lack of its exercise for at least one year, in the cases of license.

3.o The declaration of contest or the declaration of insolvency in any other procedure.

4.o The imposition as a sanction in the corresponding sanctioning procedure.

5.o Failure to comply with the essential conditions of authorization or licence.

6.o The assignment or transmission of the enabling title through fusion, excision or contribution of activity branch, without prior authorization.

7. Obtaining an enabling title with falsehood or alteration of the conditions that determined its granting, prior hearing of the interested party, where appropriate.

6. Obtaining the enabling title referred to in paragraph 1 of this article shall be conditioned upon the operator to be aware of the payment of the corresponding tax obligations.

Article 10. General licenses.

1. Those interested in developing non-occasional gaming activities should obtain, as a pre-development of any kind of game, a general license for each type of game defined in article 3, letters c), d), e) and f), depending on the type of game they intend to market.

The granting of general licenses for the exploitation and commercialization of games will be carried out by the National Commission of the Game, following the timely call for a procedure that will conform to the principles of advertising, competition, equality, transparency, objectivity and non-discrimination, and which will be governed by the fold of bases that, on the proposal of the National Commission of the Game, be approved by the holder of the Ministry of Economy and Finance and will be published in the Official Gazette of the State.

The convening of the procedures for granting general licenses for the exploitation and marketing of games will be promoted, ex officio or at the request of any interested party, by the National Commission of the Game. The promotion of the call to the request of the interested party shall be carried out within six months from the receipt of the request unless the National Commission of the Game reasonably considers that there are reasons for safeguarding the public interest, protection of minors or prevention of phenomena of addiction to the game that justify that the call requested is not appropriate.

The interested parties may request the convening of a new procedure for granting general licenses for the exploitation and marketing of certain games, at least 18 months after the date of the previous call in relation to the same mode of play.

The bases that govern the call shall not limit the number of licenses that may be granted, except that on the proposal of the National Gambling Commission and on the basis of the procedure instructed to that effect in which the potential interested parties will be heard, it is considered necessary to measure the offer of the game object of the call and limit the number of operators. The limitation of the number of operators will be based solely on reasons for the protection of the public interest, the protection of minors and the prevention of phenomena of addiction to the game.

The basis of the call may be included as criteria to be taken into account in the award, the experience of the competing bidders, their solvency and the means with which they have for the exploitation of the license.

2. The base fold of the procedure referred to in the preceding paragraph shall establish the minimum, total and disbursed social capital required for the participation in the tender. Along with the request to participate in the call, the applicant must submit an operating plan that takes into account the principles of the responsible game, the formation of employees, the distribution channels, the design of games and the other aspects of their activity that are regulated.

3. The decision to grant general leave shall contain the content that is determined by regulation and, in any event, the following:

(a) Denomination, duration, domicile and social capital, and where applicable, the percentage of non-community capital participation.

(b) Relationship of members of the board of directors, managers or agents if any.

(c) Nature, modalities and types of activity subject to licence, as well as events on which those activities are carried out.

(d) A territorial area in which the activity subject to licence is to be carried out.

(e) Conditions of awards to be awarded by game or bet and amount of the same that in no case may exceed the percentage that is established in the solicitation documents.

(f) Relationship of the systems, equipment, applications and technical instruments that will be used for the exploitation of the activity.

(g) Authorization for the conduct of advertising, sponsorship or promotion.

(h) Preventive mechanisms to prevent fraud and systems for the prevention of money-laundering and the financing of terrorism referred to in Law 10/2010 of 28 April on the prevention of money-laundering and the financing of terrorism.

(i) Period of validity, possibility of extension and causes of termination of the license.

(j) The established systems, procedures or mechanisms, in accordance with the nature of the game, to avoid access by persons incurs into any of the subjective prohibitions set out in article 6 of this Law and especially those aimed at ensuring that the age of participants has been ascertained.

4. Licensors shall have the following rights and obligations:

(a) Develop the activity of gambling in the state field, with the rights and obligations recognized in the fold of bases and in the resolution of granting.

(b) Get the unique license of exploitation for each mode and type of game, provided they meet the requirements.

(c) Satisfy the established rates derived from the game's regulatory activity.

(d) Print a specific website with a domain name under ".es" for the development and marketing through the Internet of play activities in the area of application of this Law.

(e) To redirect to the specific website with a domain name under “.es” all the connections that are made from locations located in Spanish territory, or that make use of Spanish user accounts, to websites under domain other than the “.es”, which are owned or controlled by the gaming operator, its matrix or its affiliates.

5. The operators enabled to perform play activities shall assume as commitments, as far as the responsible management of the game is concerned:

(a) Ensure compliance with existing laws and regulations, especially the obligations set out in Act 10/2010 of 28 April on the prevention of money-laundering and the financing of terrorism.

(b) Ensuring the integrity and security of the games, ensuring the participation, transparency of the draws and events, the calculation and payment of prizes and the diligent professional use of the funds, in their broadest sense.

(c) To properly channel the demand for participation.

(d) Reducing any risk of potential damage to society, this includes combating illegal gambling and associated criminal activities.

(e) To cooperate actively in accordance with the current regulations, with the authorities responsible for the prevention of money-laundering.

The set of principles and practices to be adopted in order to protect the public order by ensuring the integrity of the game, while simultaneously optimizing the benefits for the Society, will be understood by Management responsible for the game.

The National Commission of the Game shall verify the performance by the operators of their commitments without prejudice to the oversight powers of the Executive Service of the Commission on the Prevention of Money-Laundering and Monetary Infringements in the prevention of money-laundering and the financing of terrorism established by article 45.4 (f) of Law 10/2010 of 28 April on the prevention of money-laundering and the financing of terrorism.

6. General licenses will last for 10 years and will be extended for an identical duration.

In cases where, in accordance with the provisions of paragraph one of this article, the number of operators of a particular game has been limited, the extension of the general license will not take place and its award must be made through the procedure called for this purpose when the following requirements are met:

(a) There is a third party or third party interested in obtaining the license.

(b) Have you requested it within a period of at least 24 months in advance of the due date.

(c) That the applicant or applicant credit the performance of the requirements that were taken into account in obtaining the license by the holder or holder.

Article 11. Unique licenses.

1. The exploitation of each of the types of game included within each general license will require the granting of a unique license of exploitation.

2. The granting of the singular licenses and their extension shall be subject to the requirements and conditions established by the National Gambling Commission within the framework of the regulation of each of the game modalities.

3. Operators with the general license may apply for unique licenses. Only the singular license of that activity of which it has been published, with a prior character, may be requested. In the event of not being regulated, the gambling operator may request its regulation to the competent body which may, if any, reasonably dismiss the application.

4. The procedure for obtaining singular licenses will be developed. The requirements established under the singular licensing procedure shall respect the principles of transparency, objectivity and non-discrimination, and shall be proportional to the protection of public health, juveniles and dependents and to the prevention of fraud and money-laundering and the financing of terrorism.

5. The singular licenses will have a minimum duration of one year and maximum of five and will be extended for successive periods of identical duration. The regulation of each type of game will determine the duration of the corresponding singular licenses and the conditions and requirements to be met for extension.

6. The loss of the general license will entail the loss of the singular licenses linked to it.

Article 12. Authorizations for the celebration of occasional games.

1. The holding of any play activities subject to this Act which is of an occasional or sporadic nature is subject to prior authorization, in accordance with the procedure determined by regulation.

2. The granting of authorizations for the holding of games of an occasional nature corresponds to the National Commission of the Game that may establish the limitation in the amount of the prizes.

3. Persons or entities applying for authorization shall meet the corresponding rates.

4. After one month after the request for authorization has not been notified of its award, it will be dismissed by silence.

PART IV

Activity control

CHAPTER I

Operators

Article 13. The operators.

1. The organization and exploitation of the activities covered by this Law may, on a case-by-case basis, be carried out by natural or legal persons, public or private entities, with Spanish nationality or a country belonging to the European Economic Area and have at least one permanent representative in Spain.

It is only possible to participate in the concurrential procedure of general licenses for the exploitation and marketing of games that are not of occasional character, the legal persons in the form of an anonymous company that have as their only social object the organization, marketing and exploitation of games, being constituted, to that effect, as operators of games or bets.

Companies that request the exploitation or organization of the games provided for in this Law shall credit technical, economic and financial solvency, in the terms that are regulated.

The direct or indirect participation of non-community capital will have as a limit what is set out in the current foreign investment legislation in Spain.

2. The licences and authorizations provided for in Title III of this Law may not be held by the natural or legal persons in whom any of the following circumstances occurs:

(a) To have been sentenced by a firm sentence within four years prior to the date of the application of the title entitled, for an offence against public health, falsehood, unlawful association, smuggling, property and against socio-economic order, against the Public Administration or against the Public Treasury and Social Security, as well as any criminal offence arising from the management or exploitation of games for which they had not been authorized.

(b) To have requested the declaration of voluntary contest, to have been declared insolvent in any procedure, to be declared in contest, unless it has acquired effective an agreement, to be subject to judicial intervention or to have been disqualified in accordance with Law 22/2003 of 9 July, Concursal, without having concluded the period of disqualification set out in the award of qualification of the contest.

(c) The natural person, the legal person or its partners, managers or administrators have been sanctioned by a firm administrative decision for two or more serious violations over the past four years, for breach of the rules of play by the State or the Autonomous Communities.

(d) The natural person or the legal person, on the basis of which they had been found guilty, had been given rise to a firm resolution of any contract with the General Administration of the State.

(e) The physical person, the administrators of the commercial companies or those who bear the legal representation of other legal persons, in any of the cases of Law 5/2006, of 10 April, of the regulation of the conflicts of interests of the members of the Government and of the High Charges of the General Administration of the State, of Law 53/1984, of 26 December, of the Incompatibility of the staff to the Public Administrations Service,

(f) Do not be aware of the performance of tax obligations or of social security imposed by existing provisions.

(g) Do not be informed of payment of obligations for refund of grants.

(h) The natural person or the legal person has been punished by a firm resolution, with the loss of the possibility of obtaining grants under Law 38/2003 of 17 November, General of Subsidies or Law 58/2003 of 17 December, Tax General.

(i) The natural or legal person has been sanctioned by a final resolution for very serious violations contained in Act No. 10/2010 of 28 April on the prevention of money-laundering and the financing of terrorism.

(j) Participating entities or organizers of sporting events or other events on which the bets are made.

These prohibitions apply to legal persons whose administrators or representatives, in force their position or representation, are in such a situation by actions carried out on behalf of or for the benefit of such legal persons, or in which the conditions, qualities or relationships required by the corresponding figure of the type are met to be active subject to the same.

The prohibitions of obtaining the enabling title will also affect those companies from which, because of the persons who govern them or other circumstances, it may be assumed that they are continuation or that they derive, by transformation, merger or succession, from other companies in which they would have occurred.

The mode of appreciation and scope of prohibitions, as well as the justification by individuals or entities not to be involved in prohibitions, will be determined.

3. Legal persons intending to organize, exploit and develop the play activities under this Law by applying for a general license, shall apply for provisional registration in the General Register of Game Licenses, in the terms that are established by regulation.

Article 14. Guarantees required to operators.

1. Operators who obtain a general license shall constitute a guarantee in the terms, modalities and amounts that are established by regulation.

2. The guarantee referred to in the preceding paragraph shall affect the fulfilment of the obligations set forth in this Law and especially the payment of the awards, the responsibilities arising from the sanctioning regime and the payment of the accruals in the field of gambling where, after the period established by regulation, they would not have been effective. Once the causes of its constitution have been disappeared and where there is no knowledge of outstanding obligations or responsibilities to which it is concerned, it shall be returned, at the request of the person concerned, upon the timely settlement where appropriate.

3. Additional guarantees may be established in connection with the granting of unique licenses to be determined by the National Gambling Commission for each type of game under the conditions and with the limits set out in the Ministerial Orders establishing the basic rules of the games, affecting the fulfillment of the specific obligations of the awards and the fulfillment of any other obligation of the operator.

4. Guarantees should be kept up to date. If within one month to be counted from the date of the request the update is not carried out, the interested party may incur the revocation of the enabling title.

CHAPTER II

Participants

Article 15. Rights and obligations of the participants in the games.

1. The participants in the games have the following rights:

(a) To obtain clear and truthful information about the rules of the game in which they wish to participate.

(b) To collect the prizes that may correspond to them in the established time and form, in accordance with the specific rules of each game.

(c) To make claims to the National Commission of the Game against the decisions of the operator that affect their interests.

(d) Time of use corresponding to the price of the departure concerned.

(e) To play freely, without coercion or threats from other players or from any other third person.

(f) To know at any time the amount you have played or bet, as well as in the case of having an open user account in the game operator, to know the balance of the same.

(g) To be safely identified through the national identity document, passport or equivalent document or through the recognized electronic signature system, as well as the protection of your personal data as provided for in Organic Law 15/1999 of 13 December on the Protection of Personal Data and its development regulations.

(h) To know at all times the identity of the game operator, especially in the case of telematic games, as well as to know, in the case of claims or possible infractions, the identity of the staff that interacts with the participants.

(i) To receive information about the responsible practice of the game.

2. Game participants have the following obligations:

(a) Identify yourself to the gaming operators in the terms that are established.

(b) To comply with the rules and rules that, in relation to the participants, are established in the ministerial orders that are approved in accordance with Article 5 of this Law.

(c) Do not alter the normal development of games.

3. The relationship between the participant and the authorized operator constitutes a private relationship, and therefore disputes or disputes that may arise between them shall be subject to the courts and tribunals of the civil court order, without prejudice to the exercise of the sanctioning power exercised by the National Gambling Commission within the competence recognized in this Law.

4. The authorized operators shall establish the appropriate procedures to maintain the privacy of the data of the users in accordance with the Organic Law 15/1999 of 13 December on the Protection of Personal Data and its complementary regulations.

The operators will only treat the data of the participants that were necessary for the proper development of the play activity for which they had been authorized and for the fulfilment of the obligations set forth in this Law. The data will be cancelled once the purposes that justified their treatment have been fulfilled.

In any event, in accordance with article 5 of the Organic Law 15/1999 of 13 December on the Protection of Personal Data, operators shall inform users about the processing of their personal data and the purposes for which the processing occurs, as well as their rights in accordance with the existing regulations on the protection of personal data.

The operators shall also implement on the files and treatments the security measures set out in the current regulations on data protection and comply with the secret duty imposed by such regulations.

CHAPTER III

Homologation of technical gaming systems

Article 16. Homologation of technical gaming systems.

1. The entities that carry out the organization, exploitation and development of games regulated by this Law shall have the material software, equipment, systems, terminals and instruments in general necessary for the development of these activities, duly approved.

2. The approval of the technical gaming systems, as well as the establishment of the specifications necessary for its operation, corresponds to the National Gambling Commission, which will approve in the framework of the criteria set by the Ministry of Economy and Finance and the Gambling Policy Council, the certification procedure of the technical gaming systems including, as appropriate, the approvals of gaming material. The National Gambling Commission will ensure that the establishment of the specifications, as well as the procedures for the certification and approval of gambling materials, do not introduce obstacles that may unwarrantedly distort competition in the market.

3. Approvals and certifications validated by the competent bodies of the Autonomous Communities for the granting of autonomous qualifications may have an effect on the procedures regulated in this Law in the terms that are established by regulation.

4. In the procedures for the approval of the technical gaming systems that may affect in a relevant way the processing of personal data by the operators, the National Gambling Commission will request a report from the Spanish Data Protection Agency.

Article 17. Technical systems requirements.

1. The technical system for the organization, exploitation and development of games by electronic, computer, telematic and interactive means, regardless of the provisions of article 24 of this Law for the purposes of inspection and control, shall be composed of the Central Unit of Games and the set of technical or telematic systems and instruments that enable the organization, marketing and holding of games by these means.

2. The technical system, which will bring together the conditions established by the National Gambling Commission, should have the necessary authentication mechanisms to ensure, among others:

(a) Confidentiality and integrity in communications.

(b) The identity of the participants, in the event of the games developed through telematic and interactive means, as well as the verification, in the terms that are regulatoryly established, that they are not registered in the Register provided for in article 22.1.b of this Law.

(c) The authenticity and computation of the bets.

(d) Control of its proper functioning.

(e) Compliance with the subjective prohibitions regulated by article 6 of this Law.

(f) Access to the components of the computer system exclusively of the authorized staff or of the National Game Commission itself, under the conditions that it may establish.

Article 18. Central Game Unit.

1. The operators authorized for the organization, exploitation and development of the games of a permanent nature subject to this Law shall have a Central Unit of Games which shall comply with the specifications established by the National Commission of the Game, and shall permit:

(a) Register all actions or operations carried out from computers and users connected to it.

(b) Guarantee the proper functioning of the play activities.

(c) Check at all times, if necessary, the operations carried out, the participants in them and their results, if the nature of the game permits it, and rebuild in a reliable way all the actions or operations carried out through it.

2. Operators must ensure the existence of the necessary backups and the application of the technical measures and contingency plans to ensure the recovery of data to any type of incidence.

3. The operators must have a replica of their Central Games Unit, which will allow the normal development of the activity of the games, with all guarantees, in the cases where the Main Unit is out of service.

4. Both the Central Unit of Games and its replica, will incorporate secure and compatible computer connections with the systems of the National Commission of the Game, that will allow it to carry out a control and monitoring, in real time if necessary, of the activity of play carried out, of the awards granted and of the identity of the people participating and are rewarded in them, and in their case, of the return of prizes that will eventually be produced for the purpose of annulment. The Central Unit must be able to be monitored from Spanish territory by the National Game Commission, regardless of its location. The National Gambling Commission may require secondary units of the operator's systems to be located in Spain for the purpose of verifying and controlling the information.

PART V

The Game Administration

CHAPTER I

The Ministry of Economy and Finance

Article 19. Competitions of the Ministry of Economy and Finance.

The holder of the Ministry of Economy and Finance shall have the following competences:

1. Establish the basic regulation of each game and in the case of sporadic games, the general basis for its practice or development, based on the criteria set by the Gambling Policy Council.

2. To adopt the basis documents of the concurrential procedures referred to in article 10.1 of this Law, in accordance with the framework set out in the licensing regulations and their development regulations.

3. Develop and modify the rules in play that are deemed necessary for the fulfilment of the purposes of this Law.

4. Authorize the commercialization of lotteries and impose penalties for offences classified as very serious, in accordance with articles 4.2 and 423 of this Law respectively.

5. Propose the appointment of the President and the advisers of the National Gambling Commission.

6. To instruct the cease file of the members of the National Gambling Commission referred to in article 29 (f) of this Law.

7. How many others are established in this Law.

CHAPTER II

The National Gambling Commission

Article 20. Object and legal nature.

1. The National Game Commission is set up to ensure the proper functioning of the game sector and ensure the effective availability and delivery of competitive services for the benefit of users. Its purpose is to authorize, supervise, control and, where appropriate, punish the development, exploitation and marketing of games and other activities provided for in the area of implementation of this Law.

As a guiding principle, it must ensure the integrity, security, reliability and transparency of the gaming operations, as well as compliance with the existing regulations and conditions established for the exploitation of the gaming activities.

It will also channel the demand by dimensioning the supply of play activities, avoiding the exploitation of gambling activities for fraudulent purposes and establishing the appropriate framework to protect minors by developing or driving specific actions, programmes and activities to prevent the development of dependency phenomena.

2. The National Gambling Commission is set up as a Regulatory Agency, with its own legal personality and full capacity to operate, as provided for in the Tenth Additional Provision of Law 6/1997 of 14 April, of Organization and Operation of the State General Administration.

3. The National Gambling Commission is a functionally independent agency of the State General Administration, although it is attached to the Ministry of Economy and Finance through the State Secretariat of Finance and Budgets, which assumes the functions of coordination between the Commission and the Ministry.

4. By Royal Decree agreed upon in the Council of Ministers, the Statute of the National Gambling Commission shall be adopted, establishing its organization, structure, functioning, as well as any other aspects that are necessary for the performance of its functions and which in any case shall have the following content:

(a) The functions to develop and, where appropriate, the decision-making powers corresponding to the powers assumed by the General Administration of the State and its Public Agencies, and any other assigned to it.

(b) The determination of headquarters, organizational structure and operating system.

(c) The personal, material, economic-financial and property means that are attached to the National Commission of the Game.

(d) The form of participation of the Autonomous Communities or other public administrations in the National Commission of the Game.

5. In the exercise of its public functions, and in the absence of the provisions of this Law and the rules that complete or develop it, the National Gambling Commission shall act in accordance with the provisions of its specific legislation and in addition by Act No. 30/1992 of 26 November on the Legal Regime of Public Administrations and the Common Administrative Procedure and Act No. 6/1997 of 14 April on the Organization and Functioning of the General Administration of the Public Administration.

Article 21. Functions.

The functions of the National Game Commission are:

1. Develop the basic regulation of the games and general bases of the sporadic games when so determined by the Ministerial Order to approve them.

2. Propose to the holder of the Ministry of Economy and Finance the forms of the procedures referred to in article 10.1 of this Law and grant the necessary qualifications for the practice of regulated activities under this Law.

3. Report, on a preceptive basis, the authorization of booked lottery activities.

4. Dictate general instructions to the game operators.

5. Establish the necessary technical and functional requirements of the games, standards of technological operations and quality certifications, and processes, procedures, disaster recovery plans, business continuity plans and information security, in accordance with the forecasts contained in the relevant regulations and the criteria set by the Gambling Policy Council.

6. Homologate the software and technical, computer or telematic systems accurate for the realization of the games, as well as the standards of the games, including the mechanisms or systems that allow the identification of the participants in the games. In the exercise of this function, the National Gambling Commission will ensure that any unjustified obstacle to competition in the market is avoided.

7. To monitor, control, inspect and, where appropriate, to punish the activities related to the games, especially those related to the play activities reserved to certain operators under this Law, without prejudice to the powers assigned to the competition authorities.

8. Pursue the unauthorized game, already in the field of the Spanish State, already from outside Spain and which is directed to the territory of the State, may require any payment service provider, audiovisual communication service delivery entities, information society services or electronic communications, information concerning the operations carried out by the different operators or by organizers who lack an enabling title or the cessation of the services they are providing.

9. Ensure that the interests of participants and vulnerable groups are protected, as well as compliance with the laws, regulations and principles that govern them, to defend public order and avoid unauthorized play.

10. Establish appropriate channels to provide the participant with accurate and adequate information on effective gaming activities and claim procedures.

11. Solve claims that may be filed by participants against operators.

12. Manage the records provided for in this Law.

13. Promote and carry out studies and research in the field of play, as well as their impact or impact on society.

14. Collaborate in the implementation of the legislation on the prevention of money-laundering and the financing of terrorism and monitor compliance with it, without prejudice to the competence of other administrative bodies in relation to operators engaged in play activities subject to activity by the Law.

15. To exercise the arbitral function in accordance with article 25 of this Law.

16. Manage and raise the rate for the administrative management of the game.

17. Any other jurisdiction of a public nature and the administrative powers which the General Administration of the State and its Public Agencies currently have in the field of games, with the exception of the police functions corresponding to the Security Forces and Corps, without prejudice to the powers assigned to the competition authorities.

18. Any other role assigned to it by the legal system.

Article 22. The Game Sector Registers.

1. The National Gambling Commission shall, under its dependence and control, constitute the following State-wide Registers:

(a) The General Register of Game Licenses, in which the registrations of an interim nature of the companies that participate in the concurrential procedures of general licenses, as well as the definitive registrations of the entities that have obtained a license to develop the activity of play.

(b) The General Register of Access to Game Interdictions, in which the information necessary to give effect to the right of citizens to be prohibited from participating in play activities where identification for participation is necessary. Information concerning other persons who are prohibited by a court ruling from accessing the game or legally disabled shall also be registered. The preceptive subjective requirements for registration in this registry shall be determined by the National Gambling Commission. The information of this registration will be provided to the game operators in order to prevent the access to the game of the registered persons.

The procedure for coordinating the communication of data between the Registers of Interdiction of Access to the Game of the different Autonomous Communities and the General Registry of Interdictions of Access to the Game will be established.

(c) Registration of Persons Linked to Game Operators, in which the data of shareholders, shareholders or significant holders of the own gaming company, their managers and employees directly involved in the development of the games, as well as their spouses or persons with whom they live, ascendants and descendants in the first degree.

2. The processing of personal data in the files and records referred to in the preceding section, for the purposes provided for in this Law, shall not require the consent of its holders.

The specific content of the records referred to in this article shall be determined. The records shall not include more data than those strictly necessary for the fulfilment of the purposes provided for in this Law.

The content of the records referred to in this article does not present a public character, with the communication of the data contained in the same, unique and exclusively, limited to the purposes provided for in this Law.

3. The organization and operation of the game sector records will be established. In this context, the National Gambling Commission and the competent bodies of the Autonomous Communities may agree, through appropriate collaboration agreements, the interconnection of their gambling records and the exchange of data and tax information, with full respect to the regulations governing the protection of personal data.

Article 23. Regulatory competition.

1. The National Commission of the Game may dictate those provisions that require the development and implementation of the rules contained in this Law, in the Royal Decrees approved by the Government or in the Orders of the Ministry of Economy and Finance, provided that these provisions expressly enable it to do so. These provisions shall be prepared by the National Commission of the Game itself, prior to the appropriate technical and legal reports of the competent services of the Game, and the consultation, if any, to the Autonomous Communities. Such provisions shall be approved by the Council of the National Game Commission and shall not be effected until it is published in the "Official State Gazette" and shall enter into force in accordance with the provisions of article 2, paragraph 1, of the Civil Code.

2. Where provisions are made that may have a significant impact on the competition conditions of the gaming operators, the National Gambling Commission shall be obliged to request a previous report to the competent body on competition defence.

3. The provisions or resolutions issued by the National Gambling Commission in the exercise of the administrative powers conferred upon it in this Law shall terminate the administrative channel and may be resorted to in a manner that may be remedied in accordance with the provisions of Act No. 30/1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure or directly challenged to the administrative jurisdiction in accordance with the provisions of the Regulatory Law.

Article 24. Inspection and Control.

1. In order to guarantee the provisions of this Law and the provisions that complement it, the National Commission of the Game shall be responsible for the audit, monitoring, inspection and control of all aspects and administrative, economic, procedural, technical, computer, telematic and documentation standards concerning the development of the activities provided for in this Law.

The National Gambling Commission will also be responsible for investigating and persecuting illegal games, without prejudice to the powers of the competent Security Forces and Corps and the Executive Service of the Commission on the Prevention of Money-Laundering and Monetary Offences under article 45.4 (f) of Law 10/2010 of 28 April on the Prevention of Money-Laundering and the Financing of Terrorism. The National Gambling Commission shall establish the necessary procedures in order to fulfil the above-mentioned functions.

The State Security Forces and Corps, in accordance with article 12.1.A, letter (d), of the Organic Law 2/1986 of 13 March, of State Security Forces and Corps, shall collaborate with the National Gambling Commission on the monitoring and inspection of compliance with the rules on gambling. If, as a result of the inspection activity carried out by the State Security Forces and Corps in the exercise of the functions of collaboration with the National Gambling Commission, the existence of indications of the commission of an offence shall be verified, the appropriate record shall be lifted which shall be sent to the competent bodies to initiate the sanctioning procedure.

2. Additional procedures will be established by the National Gambling Commission for the monitoring and control of operators engaged in gambling activities subject to a law and compliance with the conditions laid down to them, in particular with regard to the protection of public order and the prevention of money-laundering and the financing of terrorism. In the event that, in the exercise of its inspection work, the National Gambling Commission would appreciate possible violations of the obligations set out in Act 10/2010 of 28 April on the prevention of money-laundering and the financing of terrorism, it would inform the Secretariat of the Commission on the Prevention of Money-Laundering and Money-Laundering in accordance with article 48.1 of the Act.

3. The National Gambling Commission may carry out a control over the participant's user account in the play activities covered by this Law, as well as of the operators or providers of gaming services. The National Game Commission will have access to the personal data collected in the user account of the participants, respecting at all times the provisions of the Organic Law 15/1999, of 13 December, on Data Protection and its development regulations.

The Public Administrations will give access to the National Commission of the Game to its databases in order to verify the participant's identity and, in particular, its age-old status.

4. The authorized operators, their legal representatives and the staff who, if any, are in charge of the activities at the time of the inspection, shall be obliged to provide the inspectors and their auxiliary staff with access to the premises and their various units, as well as the examination of the technical and computer supports, books, records and documents requested by the inspection. The result of the inspection will be recorded in a record that will have the nature of a public document and will prove, unless otherwise credited, the facts and circumstances that motivate it.

The record shall be signed by the staff member who extends it and by the person or representative of the taxed entity, who may make such observations as he deems appropriate. A copy of the record shall be delivered to the person or representative of the controlled entity, indicating, where appropriate, their refusal to sign or to be present in the development of the inspection.

In the exercise of the inspection functions, the staff of the National Game Commission shall have the status of authority. The exercise of the powers of inspection and control may be the object of agreement with the Autonomous Communities with respect to the activities and the means or instruments located in its territory, except those of a resolute nature.

The National Gambling Commission will work with other European Economic Area regulators in the pursuit of the illegal game, through coordinated measures to obtain a cessation in the provision of illegal gaming services and the exchange of information.

5. The National Gambling Commission may sign correctional agreements that assist in the fulfilment of the obligations set out in this Law, in particular with regard to advertising, in the terms determined by regulation. To the extent that such agreements affect the advertising made by the providers of the audiovisual communication service, a report of the State Council on Audiovisual Media should be collected prior to signature. Self-regulation systems will be equipped with independent oversight bodies to ensure effective compliance with the commitments made by the affiliated companies. Its codes of conduct may include, inter alia, individual or collective measures of prior self-control of advertising content and shall establish effective systems of extrajudicial resolution of claims that meet the requirements of community law and, as such, be notified to the European Commission, as provided for in the Council Resolution of 25 May 2000 concerning the community network of national bodies for extrajudicial settlement of consumer litigation or any equivalent provision.

Article 25. Arbitration of the National Game Commission.

1. The National Gambling Commission shall act as an arbitral body in the conflicts submitted to it by the gaming operators, within the framework of the regime established by Law 60/2003 of 23 December, of Arbitration, the rules of which shall be applied in a supplementary manner as not provided for in this Law or in its development rules.

2. The arbitral function shall not be public and shall be free of charge, except for the expenses generated by the practice of the evidence.

3. The procedure, which will be regulated in the Statute of the National Gambling Commission, will conform to the principles of equality between the parties, hearing and contradiction.

Article 26. The Council. Appointment and mandate of the members of the Council of the National Game Commission.

1. The Council is the collegiate decision-making body in relation to the functions assigned to the National Commission, without prejudice to any delegations that may agree. Its indelegable powers include the approval of the budgets of the National Gambling Commission and its annual or multi-year plans for action defining its objectives and priorities, as well as arbitration functions and the authority to issue general instructions to the gaming operators.

2. They will be members of the Council, the President of the National Game Commission, which will also be of the Council, and six advisers.

3. The meetings of the Council may be attended, with a voice but without a vote, by managers, as well as by non-management staff determined by the President, in accordance with the general criteria agreed to by the Council.

4. The President of the Council has the following functions:

(a) To exercise, in general, the powers assigned to the Presidents of the administrative collegiate bodies by Act No. 30/1992 of 26 November on the Legal Regime of Public Administrations and the Common Administrative Procedure.

(b) To convene the Council on its own initiative or at the request of at least half of the advisers and to preside over it.

(c) Establish the criterion for the distribution of issues among counselors.

5. The Council shall be validly constituted with the assistance of the President and three advisers. The assistance of the advisers to the Council ' s meetings is mandatory, except for duly justified cases.

6. The agreements will be adopted by a majority of votes of the attendees. In case of a tie, the vote of the presiding will be decided.

7. In the event of a vacancy, absence or illness of the President, he shall be served by the senior advisor and, at the same time, the oldest.

8. The Council, on the proposal of the President, shall elect a non-advisory Secretary, who shall have a voice but not a vote, to advise the Council in law, to report on the legality of matters before it, as well as the functions of the secretariat of the collegiate bodies. The legal service of the National Gambling Commission will depend on the Council Secretariat.

9. The Council shall adopt the rules of procedure of internal operation of the National Gambling Commission, which shall regulate the performance of its organs, the organization of staff, the regime of transparency and the reservation of information and, in particular, the functioning of the Council, including its convening and sessions, and the internal procedure for raising matters for its consideration and adoption. The adoption of the Rules will require the favourable vote of at least five of the members of the Council.

10. The President and the advisers shall be appointed by the Government, through Royal Decree, on the proposal of the holder of the Ministry of Economy and Finance, among persons of recognized prestige and professional competence, upon the timely appearance of the persons proposed as President and Councillors before the corresponding Commission of the Congress of Deputies, which shall deal with the capacity of the candidates. The President ' s appearance will also extend to his project of action on the agency and the regulated sector.

11. The term of office of the President and the advisers shall be six years without the possibility of re-election as a member of the Council. The renewal of advisers will be partly done to foster the stability and continuity of the Council.

Article 27. The President of the National Game Commission.

Corresponds the President of the National Game Commission:

(a) To represent the National Gambling Commission legally and institutionally.

(b) Ensure adequate development of the Commission ' s proceedings in accordance with the legal system.

(c) Maintain the good order and government of the organization of the Commission.

(d) Encouraging the Commission ' s performance and performance of its mandated functions. In particular, the development of annual or multi-year action plans defining their objectives and priorities.

(e) To exercise leadership and coordination functions in relation to managers and other staff of the National Gambling Commission, in accordance with the competencies assigned by their specific legislation.

(f) Direct, coordinate, evaluate and monitor the different units of the Commission.

(g) Account the holder of the Ministry of Economy and Finance for vacancies in the National Gambling Commission Council.

(h) To direct the budgets of the National Gambling Commission.

(i) Conducting the recruitment of the Commission.

(j) Implement the accountability of the National Game Commission.

(k) How many functions the Council delegates.

Article 28. Functions of the members of the Council.

1. The President and the advisers of the National Gambling Commission will exercise their role with absolute dedication.

2. Without prejudice to their role as speakers of the matters assigned to them by the President, pursuant to article 26, paragraph 4 (c), of this Law, counselors may not assume individual executive or management functions of specific areas of the National Gambling Commission, which shall be the responsibility of managers.

3. The President and the advisers of the National Gambling Commission shall be subject to the regime of incompatibility of activities established for the senior officials of the General Administration of the State in Law 5/2006, of 10 April, of Regulation of the Conflicts of Interests of the Members of the Government and of the High Charges of the General Administration of the State and in its development provisions, as well as in the Agreement of the Council of Ministers of 18 February 2005.

4. During the two years after its cessation, the President and the Councillors will not be able to engage in any private professional activity related to the gambling sector, both in sector companies and for industry companies. By virtue of this limitation, the President and the Councillors of the National Gambling Commission, at the end of their resignation, expiration of the term of their mandate or permanent incapacity for the performance of their functions, shall have the right to receive, from the month following the one in which their termination takes place and for a period equal to the one in which they have held the position, with the maximum limit of two years, a monthly financial compensation equal to the twelfth part of the total of eighty.

Article 29. Causes of cessation in the exercise of the post.

The President and the advisers of the National Game Commission shall cease to serve:

(a) For resignation.

(b) For expiry of the term of office.

(c) By incompatibility over.

(d) For having been convicted of a felony.

(e) For permanent incapacity.

(f) Through separation agreed upon by the Government for serious breach of the duties of its office or the failure to comply with obligations on incompatibility, conflicts of interest, and duty of reserve. Separation shall be agreed upon irrespective of the sanctioning regime which, if any, may correspond and shall be adopted at the initiative of the Government, subject to instruction by the holder of the Ministry of Economy and Finance.

Article 30. Recruitment.

The contracts of the National Gambling Commission shall be in accordance with the provisions of Act No. 30/2007 of 30 October on contracts of the public sector. It may also conclude agreements or concerts with any public or private, Spanish or foreign entities, subject to the conditions that may be established by the Ministry of Economy and Finance and may incorporate arbitration clauses into the aforementioned conventions in order to resolve disputes that may arise.

Article 31. Staff rule.

1. Staff at the service of the National Gambling Commission shall be a staff member or a worker in the terms established for the General Administration of the State, in accordance with its Statute.

2. The staff member shall be governed by Act No. 7/2007 of 12 April of the Basic Statute of the Public Employee and the other rules applicable to the staff of the General Administration of the State. The labour force shall be governed, in addition to labour legislation and other rules which are conventionally applicable, by the provisions of Act No. 7/2007 of 12 April of the Basic Statute of the Public Employee, as provided for.

3. The selection of staff at the service of the National Gambling Commission will be conducted through public convening, through procedures that guarantee the principles of equality, merit and capacity. The selection of managers will serve on principles of merit and capacity and criteria of suitability, and will be carried out through procedures to ensure publicity and competition.

4. The National Gambling Commission will have a working relationship in which, if any, the posts to be held by career officers will be established because they will have the functions that involve direct or indirect participation in the exercise of public powers or in safeguarding the general interests of the State and the Public Administrations.

5. The provision of jobs shall be made in accordance with the provisions of Law 7/2007 of 12 April of the Basic Statute of the Public Employee and the other rules applicable to staff in the service of the General Administration of the State.

6. Staff serving in the National Gambling Commission shall be subject to Law 53/1984 of 26 December on staff incompatibility in the service of public administrations.

Article 32. Budget and Control Regime.

1. The National Gambling Commission will prepare annually a preliminary draft budget with the structure indicated by the Ministry of Economy and Finance and forward it to the latter for its lifting to the Government agreement and subsequent referral to the General Courts, integrated in the General State Budgets. The changes in the budget will be authorized by the holder of the Ministry of Economy and Finance, when the amount does not exceed five per cent of the same, and by the Government, in the other cases.

2. The regime of its economic and financial control shall conform to the provisions contained in Law 47/2003 of 26 November, General Budgeting for such entities.

Article 33. Economic-Financial Regime and Resources of the National Gambling Commission.

1. The National Gambling Commission will have the following resources for its purposes:

(a) Allocations established on an annual basis from the General Budgets of the State.

(b) The assets and rights that constitute their heritage, as well as the products and rents thereof.

(c) Income from the liquidation of the rates provided for in this Act.

(d) Whatever others may legally be attributed to you.

2. The heritage of the National Gambling Commission shall be subject to the provisions of Act No. 33/2003 of 3 November on the Heritage of Public Administrations.

CHAPTER III

The Game Policy Council

Article 34. The Game Policy Council.

1. The Policy Council of the Game will be the body of participation and coordination of the Autonomous Communities and the State in the field of gambling.

2. The Statute of the National Gambling Commission will establish other procedures through which participation and communication with the Autonomous Communities will be realized through the issuance of reports or the formulation of proposals that the Gambling Policy Council may consider appropriate for better coordination in the exercise of state and autonomous competencies.

3. The Gambling Policy Council will be composed of the advisors who carry out the responsibilities in the field of gambling of all Autonomous Communities and Cities and by a parity number of representatives of the State General Administration. The Presidency of the Council shall be the holder of the Ministry of Economy and Finance and the Permanent Secretariat to the Ministry of Economy and Finance. Both the President and the other members of the Game Policy Council may delegate their functions, assistance and vote.

4. The Policy Council of the Game will develop a rules of operation that will determine the system of calls and approval of agreements therein. These rules of operation of the Gambling Policy Council will be approved by an absolute majority of its members.

5. In particular, the Autonomous Communities and the State, through the Gambling Policy Council, will promote the relevant actions, including the possibility of formulating policy proposals in accordance with the respective competencies, to promote the convergence of the legal and fiscal regime, as well as the regulation in the field of advertising, sponsorship and promotion applicable to any type of game, type of game and operator throughout the national territory.

Article 35. Competitions.

The Game Policy Council will understand the following subjects:

(a) Basic standard of the different games.

(b) Development of the basic regulation of games and the general bases of sporadic games.

(c) Licensing criteria.

(d) Definition of the requirements of the technical gaming systems and their approval.

(e) Principles for the recognition of licence certifications and approvals granted by the bodies of the competent Autonomous Communities in the field of gambling.

(f) Coordination of regulations on measures to protect minors and dependents.

(g) Study of measures to propose to the State and the Autonomous Communities to advance the equalization of the applicable legal regime, including the tax area, to the game carried out through electronic, computer, telematic and interactive channels and to the presenceal game, as well as to the publicity and sponsorship activities of such activities, promoting consultations to the representative associations of the sector.

(h) In general, any aspect of the play activities which, given their nature, requires a coordinated action by the State and the Autonomous Communities.

PART VI

Penalties

Article 36. Competition.

1. The National Commission of the Game and, in the cases referred to in article 42.3 of this Law, the holder of the Ministry of Economy and Finance shall exercise the sanctioning power in respect of the administrative offences committed in the matter of play under this Law.

2. In the event that the infringement is carried out by an entity subject to the monitoring or inspection of a Regulatory Agency other than the National Gambling Commission, or when the matter is competent by another administrative body, the National Gambling Commission, for the purposes of the processing of the corresponding sanctioning procedure, shall transfer to that of the allegedly constitutive acts of infringement. In any event, the National Commission of the Game shall be competent to punish for the commission of the offences provided for in article 40 (e) of this Law.

3. In particular, the providers of audio-visual, electronic communication and information society services shall be responsible for the promotion, sponsorship and publicity of the games referred to in this Law when those performing them lack an enabling title or when they are disseminated without the authorization to publish them or outside the limits set in the Act or in violation of the rules in force in this field. The competence to instruct the procedures and to punish the providers of audiovisual communication services is vested in the State Council of Audiovisual Media, in these cases the sanctioning regime provided for in Law 7/2010 of 31 March, General of Audiovisual Communication, except the exception provided in the previous section, regarding the infractions of Article 40, letter e).

4. When the offence is committed by an intermediary entity whose scope is limited to the territory of an Autonomous Community or when the promotion, sponsorship and advertising of the games through face media is carried out in the territory of an Autonomous Community, the corresponding autonomous body shall be competent to exercise the sanctioning authority.

Article 37. Infruits.

1. The actions or omissions established in this Law are administrative offences and may be specified in the regulations that develop it.

2. Administrative offences in this area are classified as very serious, serious and mild.

Article 38. Offenders.

1. Injurious individuals or legal entities who carry out the actions or omissions established as infringements of this Law, provide them with support, publicize, promote or obtain benefit from them.

2. They are also considered as offenders and game organizers for the purposes of this article, demanding identical responsibility, for individuals or legal entities who obtain a relevant benefit directly linked to the development of play activities as a result of the actions or omissions referred to in the preceding section.

Rule 39. Very serious breaches.

These are very serious offences:

(a) The organization, celebration or exploitation of the activities included in the scope of this Law without the corresponding qualification.

(b) To carry out, promote, permit or consent, expressly or tacitly, the organization, celebration or exploitation of the activities covered by this Law in unauthorized media or media or distribution channels and, in particular, through the use of software, communication systems, materials or equipment not authorized or approved.

(c) The assignment of the enabling title, as well as its transmission in the cases provided for in Article 9.3 of this Law, without the prior authorization of the National Commission of the Game.

(d) Obtaining the corresponding authorizations or licences by providing false and uncertain documents or data.

(e) The unjustified and repeated default of the prizes that correspond to the participants of the games.

(f) The alteration or manipulation of pre-approved technical systems or of any other element concerning the awards of the participants.

(g) The conduct of play activities in violation of the reservation set out in article 4 of this Law.

(h) The commission of two serious offences within two years, with final administrative sanction.

(i) The development and marketing through the Internet of play activities in the area of application of this Law, which are not carried out on the specific website under ".es" referred to in Article 10.4.d of this Law.

(j) Failure to comply with the redirecting obligation referred to in article 10.4.e of this Law.

Article 40. Serious breaches.

These are serious violations:

(a) Failure to comply with the requirements and conditions set out in the enabling title and, in particular, control duties to ensure the safety of the games.

(b) Allow access to play activity to persons who are prohibited, in accordance with article 6 of this Law, provided that the exploiting entity of games knows or should know the concurrence of such prohibitions.

(c) The granting of loans or any other form of credit to the participants by the operators.

(d) To promote, sponsor and publicize the games covered by this Law, or intermediation proceedings, where those who do so lack an enabling title or are disseminated in violation of the conditions and limits set forth in the Act or in violation of the rules in force in this field, regardless of the means used for this purpose.

(e) Failure to comply with the requirements of information or cease delivery of services provided by the National Gambling Commission that are addressed to payment service providers, audio-visual communication service providers, information society service providers, electronic communications and social media.

(f) The obstruction, resistance or excuse of the inspection and control function as well as the concealment or destruction of the information, documents or supports thereof.

(g) The repeated refusal of operators or organizers to provide the information required by the National Game Commission.

(h) The repeated refusal to address the claims or complaints made by the participants or the National Gambling Commission.

(i) Failure to comply with the communication obligations of those modifications made in the composition, headquarters, capital and ownership of the actions or participations of the authorized legal persons, within three months of their performance.

(j) Failure to comply with the technical requirements of the regulations or the folding of databases relating to software and communication systems.

(k) The use of unauthorized or unauthorized technical systems.

(l) Manufacturing, marketing, maintenance or distribution of play material owned by operators who engage in play activities subject to reservation in Article 4 of this Law without due authorization.

(m) The default of the prizes that correspond to the participants in the games.

(n) The commission of two minor offences within two years, with final administrative sanction.

Article 41. Mild breaches.

They constitute minor offences:

(a) Participation in play activities, in contravention of the prohibitions set out in Article 6.2, letters (c), (d), (e), (f), (g) and (h) of this Law.

(b) Failure to comply with the obligations contained in this Act, where they are not expressly defined as serious or very serious offences.

(c) Do not collaborate with the inspectors or agents of the authority in connection with the development of the play activities or with the check of the draw or event in which the awards are obtained.

(d) Do not properly inform the public of the prohibition of participation of minors and persons included in the General Register of Access to Game Interdictions.

(e) Do not inform the public about the content of the enabling title of the game operator.

Article 42. Administrative sanctions.

1. Offences classified as minor shall be punished by the National Gambling Commission with:

(a) Written notice.

(b) Fine up to a hundred thousand euros.

2. The offences described as serious shall be punished by the National Commission of the Game with the following penalties:

(a) A fine of one hundred thousand to one million euros.

(b) Suspension of activity in Spain for a maximum period of six months.

3. The offences described as very serious will be sanctioned by the holder of the Ministry of Economy and Finance, on the proposal of the National Gambling Commission, with a fine of one million to fifty million euros. In addition to the fine, the loss of the qualification may be imposed, the disqualification of the activities provided for in article 1 of this Law for a maximum period of four years or the closure of the means by which the information society services supporting the play activities are provided.

4. The National Gambling Commission in those cases where the offender has no qualification or has been revoked may further agree on the confiscation and destruction of any element relating to the development of the activity.

5. The amount of the sanctions shall be graduated in accordance with the nature of the personal rights affected, the volume of the transactions carried out, the benefits obtained, the degree of intentionality, the recidivism, the damages caused to the persons concerned and third parties, and to any other circumstances relevant to the determination of the degree of anti-juridity and guilt present in the specific infraction.

6. If, due to the concurrent circumstances, a qualified decrease in the guilt of the accused or of the anti-juridical nature of the act shall be observed, the sanctioning body shall establish the amount of the penalty by applying the scale relating to the kind of infractions that immediately prevails in seriousness to the one in which the person concerned is integrated.

Article 43. Prescription.

1. Very serious infractions will prescribe at four years, the serious at two years and the minor at a year.

The penalties imposed for very serious offences shall be prescribed at the age of four, those imposed for serious offences at the age of two, and those imposed for minor offences per year.

2. The limitation period for offences shall begin to be counted from the day the offence was committed. In cases of continued infringement, it will be computed from the day the last violation took place. The time limit shall be interrupted by the initiation, with the knowledge of the person concerned, of the sanctioning procedure, by revoking the period of limitation if the sanctioning file was paralyzed for more than three months for non-imputable cause the alleged responsible.

3. The limitation period of sanctions shall be computed from the day following the date on which the resolution imposing the penalty is signed. The statute of limitations for the initiation of the enforcement procedure, with the knowledge of the person concerned, shall be terminated if the time limit is paralyzed for more than three months for reasons not attributable to the offender.

Rule 44. A sanctioning procedure.

1. The procedure shall be initiated by an agreement of the National Gambling Commission, on its own initiative, by a substantiated record of the Inspectorate, at the reasonable request of other bodies or by denunciation.

2. The sanctioning procedure, which shall be resolved within six months of the date of the start-up agreement, shall be in accordance with the provisions of this Law and its regulatory development, the provisions of Law 30/1992 of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and the Royal Decree 1398/1993 of 4 August, which approves the Regulations for the Exercise of the State.

Article 45. Resource system.

Resolutions issued by the National Gambling Commission in the sanctioning files will put an end to the administrative route, and may be resorted to in a way that may be replenished in accordance with the provisions of Act No. 30/1992 of 26 November on the Legal Regime of Public Administrations and the Common Administrative Procedure or directly challenged to the administrative-contentious jurisdiction in accordance with the provisions of the law governing that jurisdiction.

Article 46. Precautionary measures.

1. During the course of the procedure or in the start-up agreement itself, the National Gambling Commission may agree on some or some of the following provisional measures:

(a) Temporary suspension of the activity subject to the corresponding enabling title.

(b) Seizure or seal, if any, of any property or documentation relating to the development of the activity subject to the corresponding enabling title.

2. Through a motivated agreement, the National Gambling Commission may, before the initiation of the sanctioning procedure, take any of the provisional measures referred to in the preceding paragraph, in accordance with articles 72.2 and 136 of Law 30/1992 of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure and which are necessary to ensure the effectiveness of the resolution that may arise, the good end of the procedure or the other requirements,

3. Inspection and control officers of the National Gambling Commission, at the time of lifting the relevant record, duly commissioned and authorized, may take the precautionary measures referred to in the preceding section, as well as proceed to the precinct and deposit of any of the elements, equipment, property and documentation relating to the activity under this Law. This precautionary measure shall be confirmed or lifted by the body to which the sanctioning record is open, in the terms, time and effect set out in Law 30/1992 of 26 November, on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Article 47. Measures relating to brokerage service providers.

1. The National Gambling Commission in the exercise of the competencies set out in this Law will prevent the exercise of illegal gambling activities by gaming operators through information society service providers.

2. The National Gambling Commission may take precautionary or final measures to interrupt the illegal gambling activities carried out by gaming operators through the services of the information society or to remove the contents that constitute play activities carried out without the corresponding enabling title.

3. If the execution of a Resolution adopting the interruption of illegal gambling activities carried out by gaming operators through the services of the information society or the withdrawal of certain contents or promotion of activities related to the activity of the illegal game requires the collaboration of the brokering service providers, the National Gambling Commission may order the aforementioned lenders to suspend the brokering service or withdraw the contents in the terms provided for in Articles 8, 11 and 11 of 2002

4. The measures referred to in this article shall be objective, proportionate and non-discriminatory and shall be taken in a precautionary manner or in the execution of the appropriate sanctioning resolutions.

PART VII

Fiscal system

Article 48. Gambling tax.

1. Made impossible.

The authorisation, celebration or organization of the games, riffs, contests, bets and activities at the state level, regulated in article 2, paragraph 1, as well as random combinations for advertising or promotional purposes, also in the state sphere, despite the exclusion of the concept of play, regulated in the letter (c) of paragraph 2 of the same article, without prejudice to the fornal regimes of the Basque Country and the Economic Convention

2. Non-subjective.

The lottery games at the state level, regardless of the operator, public or private, will not be subject to the tax.

In any case, any other games other than the State lottery that are organized or held by the operators referred to in the preceding paragraph shall be subject to the tax.

3. I'm coming.

The devention of the tax shall occur with authorization, celebration or organization. In the case of authorizations, celebrations or organizations that extend to temporary periods, the devengo will take place on the first day of each natural year, except the year in which the authorization is obtained, in which the devengo will occur on the date of its authorization.

4. Liabilities as contributors.

They shall be passive subjects as taxpayers, individuals, legal entities or entities contained in section 35 (4) of Law 58/2003 of 17 December, Tax General who operate, organize or develop the activities taxed by this tax.

5. Responsible.

They will be responsible for the payment of the tax, on a general basis, those who offer, by any means, gambling activities to persons with fiscal residence in Spain, as well as those who obtain benefits for the development of the game, in both cases regardless of the territory from which the game operator acts, provided that they have not found that the operators celebrate or organize such play activities with the necessary enabling titles. They will also be responsible for solidarity, if they do not find the existence of the above-mentioned enabling titles, the owners or businessmen of infrastructures and the service providers of the information society when they should reasonably presume that such infrastructures or services are used or used specifically for the holding of play activities regulated by this Law.

In order to avoid incurring the responsibility regulated in this section, any person or entity may find through the website of the National Gambling Commission the information necessary to know whether an activity has the necessary enabling titles for its development, in accordance with Article 7 of this Law and other applicable regulations.

6. Impossible base.

The taxable base may be formed, according to each type of game, by:

(a) Gross income, defined as the total amount of quantities devoted to participation in the game, as well as any other income that can be obtained, directly derived from your organization or celebration.

(b) Net income, defined as the total amount of the amounts devoted to participation in the game, as well as any other income they may obtain, directly derived from their organization or celebration, deduced the awards satisfied by the operator to the participants. When it comes to cross bets or games in which passive subjects do not earn as their own income the amounts played, but simply make their transfer to the players who had won them, the taxable base will be integrated by the commissions, as well as for any amounts for services related to the gambling activities, whatever their denomination, paid by the players to the passive subject.

In random combinations for advertising or promotional purposes, the taxable base will be the total amount of the market value of the prizes offered or advantages granted to the participants.

In the event that the amount is satisfied through additional pricing instruments, it will be considered that the amount dedicated to the participation in the game is the amount of the additional tariff, excluding the corresponding indirect tax. The additional fee shall be deemed to be the amount of the amount devoted to participation in the game, excluding the cost of the call determined according to the market value, when it is applicable to the provisions of article 16 of the Republished Text of the Tax Law on Societies, approved by the Royal Legislative Decree 4/2004 of 5 March, without considering for this purpose the indirect taxes governing operations.

7. Gravamen type.

The applicable types shall be:

1.o Mutual sports bets: 22 per cent on the taxable basis of paragraph 6 (a) of this article.

2. Athletic counterparts: 25 percent on the taxable basis of paragraph 6 (b) of this article.

3.o Cross sports bets: 25 percent on the taxable basis of paragraph 6 (b) of this article.

4.o Mutual hípicas bets: 15 percent on the taxable basis of paragraph 6 (a) of this article.

5.o Hypic counterparts: 25 per cent on the basis of the taxable letter (b) of paragraph 6 of this article.

6.o Other mutual bets: 15% on the taxable basis of the letter(a) of paragraph 6 of this article.

7. Other counterpart bets: 25 percent on the taxable basis of paragraph 6 (b) of this article.

8. Other cross bets: 25 percent on the taxable basis of the letter (b) of paragraph 6 of this article.

9.o Rifas: 20 per cent on the taxable basis of paragraph 6 (a) of this article. Declared public utility or beneficial tax 7 percent of the same taxable base.

10.o Contests: 20 per cent on the taxable basis of the letter(a) of paragraph 6 of this article.

11. Other Games: 25 percent on the taxable basis of the letter (b) of paragraph 6 of this article.

12. Random combinations for advertising or promotional purposes: 10 percent on the taxable basis determined for them in paragraph 6 of this article.

The Autonomous Communities, in respect of activities that are exercised by operators, organizers or by those who carry out the activity taxed by this tax-resident tax in their territory, may raise the tax rates, up to a maximum of 20 per cent of the types established in this section, an increase that will be applied, exclusively, on the proportional part of the taxable base corresponding to the participation in the game of tax-residents in the territory of the Autonomous Community.

8. Liquidation.

In cases of authorization, celebration or organization that reach temporary periods, the taxpayers must make the declaration and autoliquite the tax. In particular, when it comes to annual or multi-year activities, the statement should be made and the tax should be self-liquidated quarterly, within the month following the end of each quarter.

In another case, the tax shall be subject to administrative settlement. However, in the event of devention with the holding or organization of the activity in question, the taxpayer must inform the Administration of its willingness to carry it into effect, for the practice of an interim settlement based on the estimated revenues likely to be obtained, and that it shall have the character of the final liquidation that is carried out, once the final amount of the income obtained within twenty days of the end of the activity has been credited. Such an obligation shall be equally enforceable if the final settlement in the cases of authorization is not possible.

The holder of the Ministry of Economy and Finance shall determine, by regulation, the place, form, deadlines and prints for the self-liquidation and payment of the tax debt, as well as the assumptions in which it should be carried out telematically.

9. Management.

The management, collection, liquidation and inspection of the tax shall be the responsibility of the State Tax Administration Agency, without prejudice to the provisions of the Autonomy Statutes of the Autonomous Communities and the taxation laws which, if any, are approved.

10. Amendment to the Budget Act.

The Budget Act may modify the tax base and tax rates.

11. Collection distribution.

The collection obtained by the levy, corresponding to the income for the game of the residents in each Community, of the activities that have been carried out through electronic, computer or telematic media systems, regulated in Article 3.h) of this Law shall be distributed to the Autonomous Communities, in proportion to the amounts played by the residents of each Autonomous Community.

It will be exclusively the responsibility of the State to raise it by the levy on the mutual sports-beneficent bets and the mutual governmental water bets, even if they are made by electronic, computer or telematic means.

The collection obtained by the sports-benefit bets in the case referred to in paragraph 7.1 of this article affects the obligations set out in article 1 (b), (c) and (d) of Royal Decree 419/1991 of 27 March, which regulates the distribution of the collection and awards of the State's Sports Bets, applying to the State's income budget. To this end, they will have the consideration of mutual sports-benefit bets that were marketed by the public business entity Lotteries and State Bets until the time of the effective constitution of the State Society of the same name.

The State and Higher Sports Council expenditure budget shall include the corresponding provisions for the payment of the obligations referred to in the preceding paragraph and the obligations referred to in the additional sixth provision of this Act.

Attribution of income to each Autonomous Community shall be determined according to the residence of the players in their territorial area, corresponding, in exclusive, the increase of collection derived from the application to such residents of the provisions of the last paragraph of paragraph 7 of this article.

The amount of the collection shall be made available to the Autonomous Communities on a quarterly basis through treasury operations, which shall be determined by regulation.

Article 49. Rate for the administrative management of the game.

1. Policy sources.

The rate for the administrative management of the game shall be governed by this Law and by the other normative sources established by Law 8/1989 of 13 April, of Public Rates and Rates.

2. Made impossible.

It constitutes the taxable fact of the rate:

(a) The issue of registration certificates.

(b) The issuance of technical evaluation opinions on the conformity of gaming systems.

(c) Registrations in the General Register of Game Licenses established in this Law.

(d) Request for licenses and authorizations.

(e) The inspection or technical verification proceedings which are established, on a mandatory basis, in this Law or in other provisions with legal status.

(f) The regulatory actions carried out by the National Gambling Commission on the play activities carried out by the authorized operators and subject to the supervision of this entity, aimed at meeting the expenses generated by the Commission.

3. Passive subject.

They will be passive subjects of the rate:

In the case of the letter (f) of the previous section, the operators, organizers and those who engage in play activities, in the terms provided for in this Law.

In the remaining cases of the preceding paragraph, the person requesting the corresponding registration certificate, technical assessment opinion, registration in the Register and processing of licences or authorizations, as well as the subject of the inspection or technical verification proceedings.

4. I'm coming.

The rate will be earned:

In the case of letter (f) of paragraph 2 of this article, on 31 December of each year. However, if the passive subject is liable to lose the qualification to act as an operator on the previous date, the rate will be accrued on the day such a circumstance occurs.

In the remaining cases of paragraph 2 of this article, with the request for the relevant services or activities and, in the case of letter (e), with the communication of the inspection or verification proceedings referred to.

5. Amounts.

The amounts of the rate shall be, for each assumption provided in the different letters of paragraph 2 of this article, the following:

(a) 20 euros.

(b) Euro38,000.

(c) Euro2,500.

(d) for each licence 10,000 and for each authorization 100 euros.

(e) 5,000 euros.

(f) 1 per thousand of gross operating income.

The amounts set in the cases of letters (b) and (e) shall be minimal.

The statutory rule may specify the required amounts depending on the number of hours and personnel required for the service or activity.

In relation to the letter (f) above, the operator's gross operating income means the total amount of the amounts devoted to the participation in the game; in the case of cross bets the amount of what earned by the participating players.

The State Budget Act may, as appropriate annually, establish the percentage to be applied on the gross operating income of the operator, taking into account the relationship between the income of the payment of the rate and the expenses incurred by the operation of the National Gambling Commission.

The objective will be to achieve the balance between income by the rate and expenditures derived from the aforementioned activity carried out by the regulator.

However, in the event of a reduction in the percentage in the General State Budget Act at the limit of 0.75 per thousand gross income, the surplus between income and expenditure, if any, shall be entered by the National Gambling Commission in the Public Treasury, within the time and conditions established by regulation, taking into account its funding requirements.

6. Amendment to the Budget Act.

The amounts set out in paragraph 5 may be amended by the State Budget Act for each year.

7. Liquidation and payment.

The rate will be liquidated by the procedure approved in the regulation issued by the Ministry of Economy and Finance.

8. Effect.

The rate performance shall be entered into the bank accounts authorized for the purpose by the National Gambling Commission or, where appropriate, in the Public Treasury, in the manner which is determined by regulation.

First additional provision. Reserve the Lottery Game Activity.

One. The State Lotteries and Betting Society of the State and the National Organization of Spanish Blinds (ONCE) are the operators designated for the marketing of the lottery games regulated in this Law.

Two. The authorisations under which the ONCE and the State Lotteries and State Gambling Society develop the gaming activities in the lotteries modality will be registered in a special section of the General Register of Game Licenses for the purpose of mere advertising.

Three. Exceptionally, the holder of the Ministry of Economy and Finance may authorize the management and marketing of lottery games, provided that they are developed by non-profit entities for charity purposes, are of a sporadic nature and, in order to guarantee the safety of the processes and the collaboration with the State, prove that they meet the requirements that, in their case, are regulated.

Four. The games managed by the State Lotteries and State Betters Society and ONCE will be marketed in tickets, tickets or any other form of participation whose support can be material, computer, telematic, phone or interactive, directly or through any establishment of your external commercial network.

Lottery games managed by the entities referred to in the preceding paragraph shall not be subject to compliance with the obligations referred to in Title III of this Law.

Five. The opening of establishments accessible to the public by the State Lotteries and State Betters Society and by the ONCE that are intended for the marketing of the games that manage these entities until the entry into force of this Law and of the games subject to the reserve regime will not require authorization from the Autonomous Communities.

Second additional provision. Specific legal regime applicable to the ONCE in play.

One. The legal regime of the ONCE in the field of play is determined by the provisions of this Law that specifically result from application as an operator designated for the conduct of lottery activities subject to reservation, with the specificities contained in this Provision.

Two. The ONCE, due to the singularity of its nature of the Public Law Corporation and of a social character, and as a game operator of recognized prestige subject to strict public control, will continue to be governed, with respect to the games and modalities authorized at each time and framed in the reserve of activity of the lottery, by the additional provisions vigésima of the Law 46/1985 of 27 December, of the General Regulations of the Agreement between

The titles authorizing the ONCE to perform gambling activities may not be granted to third parties.

Three. In order to preserve the strict public control of the play activity of the ONCE, the competences that this Law attributes to the National Commission of the Game and to the holder of the Ministry of Economy and Finance in relation to the activities subject to reserve, will be exercised in relation to the ONCE by the Council of the Protectorado, with the exception of the competences corresponding to the Council of Ministers.

Additional provision third. Financial allocation to the ONCE and certain State Sports Responses.

One. The Ministry of Economy and Finance shall assume the obligations of the financial allocations in favour of the ONCE, which may be derived from the additional provision of Act No. 47/2003 of 26 November, Budget General.

Two. The Ministry of Economy and Finance will assume the obligations arising from Royal Decree 419/1991 of 27 March, which regulates the distribution of the collection and awards of the State's Sports Bets. By order of the Ministry of Economy and Finance, following a report of the Higher Sports Council, the beneficiary entities of these allocations and the percentages of financial allocation will be established.

Additional provision fourth. Participation of the Autonomous Communities in the approval of new modes of play.

The approval of the Ministerial Orders establishing new forms of play, or the modification of existing ones, requires the prior deliberation and pronouncement of the autonomous-state bilateral bodies, in cases foreseen by the respective Autonomy Statutes.

Fifth additional provision. Autonomous cities of Ceuta and Melilla.

The references made in this Law to the Autonomous Communities shall include, where appropriate, the Autonomous Cities of Ceuta and Melilla, in relation to the competencies assigned to them in the field of play.

Sixth additional provision. Participation in the collection of Sports Betting.

By law, the percentage or its equivalent will be set, applicable to the collection obtained from the Sports Bets to determine the amount that will be subject to return to the Sport and to the sports competitions organized in Spain, without prejudice to the provisions of paragraph 2 of the Additional Provision III. The Act shall also establish the system of participation and distribution that corresponds to the obligations of providing the official data and results of the competitions and guaranteeing the integrity in the development of the competitions.

First transitional provision. Exercise of administrative competencies before the start of activities of the National Game Commission.

Until the effective constitution of the National Gambling Commission, the competencies envisaged for it will be exercised by the General Directorate of Game Management of the Ministry of Economy and Finance, including those related to the management and collection of the fees referred to in article 49 of this Law.

The performance of the rates mentioned in the preceding paragraph shall be entered into the Public Treasury with application to the State Income Budget, affecting the financing of the expenses of the aforementioned General Directorate.

The Register of Forbidden so far under the Ministry of the Interior in accordance with the Ministerial Order of 9 January 1979, will be managed by the General Directorate of Game Management until its integration into the General Register of Access to Game Interdictions and the Register of Persons Linked to Game Operators.

Second transitional provision. Enabling titles of the State Society Lotteries and State Betting.

The State Lotteries and State Betting Society may continue to market the modalities and games that it had carried out until the entry into force of this Law, in accordance with the regulations, the qualifications and the regime of exploitation of points of presence that had been applied to it until the entry into force of this Law.

Within one year, the National Gambling Commission will transform the qualifications of which the State Society Lotteries and State Bets is entitled in relation to the sports and water bets in a general license of bets, as well as in the singular licenses necessary for the exploitation of them, in the same terms and with identical scope to the qualifications that govern until the date of entry into force of this Law.

The State Lotteries and State Betting Society may not obtain unique licenses other than those referred to in the previous paragraph until other operators have been granted general licenses of the corresponding game modality.

Third transitional provision. Normative of the games.

The regulation applicable to the different games will continue in force until modified by the competent bodies.

Fourth transitional provision. Transitory regime for sales points and commercial delegations of the State Lotteries and State Betting Society.

To the points of sale of the commercial network of the State Lotteries and State Betsy Society and its commercial delegations that, under the additional three-third provision of Law 26/2009 of 26 December, of General Budgets of the State for the year 2010, they would not have received the Private Law regime within the time limit set out in paragraph 2 of the aforementioned Provision, the corresponding administrative regulations shall be applied to them until the termination of the same provision.

Fifth transitional provision. First mandate of the advisers of the National Game Commission.

Notwithstanding the provisions of article 26 of this Law, the first term of three of the members of the National Game Commission Council shall last three years.

At the first session of the Council of the National Gambling Commission, it will be determined by lot, or on a voluntary basis, that three advisers will cease after the three-year term of appointment.

Sixth transitional provision. Transitory regime of tax assignment.

1. The provisions of this rule that involve the territorialization of the performance and regulatory competencies or managers of the Autonomous Communities in this state tax will only be applicable when the agreements take place in the institutional frameworks of cooperation in the field of autonomic financing established in our order and the necessary normative modifications for its configuration and full application as a paid tribute.

2. As long as the modifications of the funding system mentioned in the preceding paragraph are not made, the State shall make available to the Autonomous Communities, prior to the agreements in the relevant institutional frameworks, the amount agreed with the Autonomous Communities, as set out in article 48, paragraph 11, of this Law, without the result of application of article 21 of Law 22/2009 of 18 December, on the review of the fund of global sufficiency.

The implementation of the above paragraph shall be carried out by the same procedure as that set out in article 48, paragraph 11, of this Act.

Seventh transitional provision. Convalidations and approvals of the Autonomous Communities.

Approvals and certifications validated by the competent bodies of the Autonomous Communities for the granting of autonomous qualifications prior to the entry into force of this Law will be effected in the procedures for the granting of qualifications regulated in this Law in the terms contained in the invitations for the granting of licences or when established by the National Commission of the Game.

8th transitional provision. Transitional regime of the sanctioning regime.

Title VI, the sanctioning regime, of this Law shall enter into force on the date of publication of the first procedure for the granting of licences referred to in article 10 of this Law or on 1 January 2012, if the aforementioned resolution had not been issued prior to that date.

Ninth transitional provision. Transitory regimen of sports sponsorships about the game.

The sports sponsorships of game operators and contracts of advertising and promotion of the game that had been agreed firmly prior to 1 January 2011, may continue to deploy their effects in the contractual terms agreed upon, until the publication of the resolution of the first procedure for licensing referred to in Article 10 of this Law or until 1 January 2012, if the aforementioned resolution had not been issued prior to that date.

Derogatory provision.

1. All those rules which are contrary to the provisions of this Law are repealed and how many provisions of equal or lower rank contradict the provisions of the Act.

2. They are expressly repealed:

1. Royal Decree 28 February 1924 (Presidency of the Military Directory, Gazette of 29 February).

2. Law of 16 July 1949, which establishes the rules for the celebration of riff.

3. Decree 23 March 1956, approves the General Lottery Instruction.

4. Order of 22 March 1960, which regulates the procedure to which the request for authorization to hold riffs and tombolas is to be adjusted on an interim basis.

5. Decree 54/1964 of 16 January. Organizes the National Lottery Service.

6. Order of 4 November 1965. New Rules for the payment of prizes of the National Lottery.

7. Article 3, paragraph 5, of the Royal Decree-Law 16/1977 of 25 February, regulating the Criminal, Administrative and Fiscal Aspects of the Games of Luck, Envite or Azar and Apuestas.

8. Additional provisions of Act No. 46/1985 of 27 December on General Budgets of the State for 1986, with effect from the date of entry into force of Title VI of this Act.

9. Royal Decree 1082/1985 of 11 June establishing the classification, provision, operation, transfer and suppression of lottery administrations.

10. Royal Decree 2695/1986 of 19 December establishing the composition of the Governing Council for Sports Betting of the National Lottery and State Betting Agency.

11. Act No. 34/1987, Potestad Public Administration ' s Sanctionary in the field of gambling, envy or chance. However, the Autonomous Cities of Ceuta and Melilla will apply this Law until the adoption, within their jurisdiction, of the regulations corresponding to this matter.

12. Royal Decree 1511/1992 of 11 December regulating certain administrative and economic aspects of the National Lottery and State Betting Agency.

13. The Royal Decree 2069/1999, of 30 December, which approves the Statute of the public business entity Lotteries and State Betters.

14. Additional provision of Act No. 24/2001 of 27 December on Fiscal, Administrative and Social Order Measures.

15. Article 88 of Law 53/2002 of 30 December on Fiscal, Administrative and Social Measures, which establishes the sanctioning regime of the holders of the points of sale of the commercial network of Lotteries and State Betters.

16. Order HAC/430/2004 of 19 February on the creation of branches of the Basic Network of Lotteries and State Betters.

17. Royal Decree 176/2005, of 18 February, regulating the Board for the provision of National Lottery administrations.

Final provision first. Competition title.

This Law is determined in the exercise of the exclusive powers of the State provided for in the 6th, 11th, 13th, 14th and 21st of Article 149 of the Spanish Constitution.

Final provision second. Faculty of development.

The Government of the Nation shall approve the Statute of the National Gambling Commission within six months of the entry into force of this Law.

The Government of the Nation is authorized to adopt, on the proposal of the holder of the Ministry of Economy and Finance, within one year of the entry into force of this Law, how many provisions are necessary for the development and implementation of the provisions of the Act.

Final provision third. Extinction of certain Public Agencies.

The following bodies are extinct: the Board of Trustees for the Provision of National Lottery Administrations, the Governing Council of Sports Betters, both attached to the Ministry of Economy and Finance, and the National Gambling Commission, currently attached to the Ministry of the Interior.

Final provision fourth. Update the amount of the sanctions.

The updating of the amounts relating to the fines provided for in article 42 of this Law may be carried out by Royal Decree on the proposal of the Ministry of Economy and Finance.

Final provision fifth. Modification of the rates on the game.

1. Article 3, paragraph 1, of the Royal Decree-Law 16/1977 of 25 February, which regulates the criminal, administrative and fiscal aspects of the games of luck, envite or chance, shall read as follows:

«1.o The authorisation, celebration or organization of games of luck, envite or chance, unless they are subject to the Gambling Tax, established in Law 11/2011, of the regulation of the game. »

2. Article 36 of Decree No. 3059/1966 of 1 December, adopting the Consolidated Text of Tax Rates, shall read as follows:

"Article 36. Made impossible.

These rates will be required by the authorization, celebration or organization of riff, tomboles, bets and random combinations, unless they are subject to the Gambling Tax, established in Law 11/2011, of the regulation of the game.

Its exaction shall correspond to the State when the territorial sphere of participation is state. »

Final provision sixth. Amendment of the Tenth Additional Provision of Act No. 6/1997 of 14 April on the Organization and Operation of the General Administration of the State.

Paragraph 1 of the Tenth Additional Provision of Act No. 6/1997 of 14 April for the Organization and Operation of the General Administration of the State shall be amended and read as follows:

"1. The National Securities Market Commission, the Nuclear Security Council, the Public Entity RTVE, the untransferred Universities, the Data Protection Agency, the Spanish Foreign Trade Institute (ICEX), the Consortium of the Special Canary Area, the National Energy Commission, the Telecommunications Market Commission, the National Competition Commission, the National Postal Sector Commission, the State Audiovisual Media Council, and the National Commission will be supplemented by specific legislation.

The Government and the General Administration of the State shall exercise with respect to such agencies the powers assigned by the rules of each of them, if any, with strict respect to their respective areas of autonomy. »

Final provision seventh. Exemptions in the Tax on Value Added and Tax General Indirect Canario.

1. Section 20.One.19. of Law 37/1992 of 28 December of the Value Added Tax, which shall be drafted as follows:

«19.o Lotteries, bets and games organized by the State Society Lotteries and Betters of the State and the National Organization of Blinds and by the corresponding agencies of the Autonomous Communities, as well as activities that constitute the taxable facts of the game and random combinations.

The exemption does not extend to management services and other operations of an accessory or complementary nature from those included in the previous paragraph that do not constitute the taxable fact of the game, except for the bingo management services. »

2. Section 10.o1.19 of Act No. 20/1991 of 7 June amending the fiscal aspects of the Fiscal Economic Regime of the Canary Islands, which shall read as follows:

«19) Lotteries, bets and games organized by the State Society Lotteries and Betters of the State and the National Organization of Blinds and, if any, by the corresponding organs of the Autonomous Community of the Canary Islands, as well as activities that constitute the taxable facts of the game and random combinations.

The exemption does not extend to management services and other operations of an accessory or complementary nature from those included in the previous paragraph that do not constitute the taxable fact of the game, except for the bingo management services. »

Final provision octave. Amendment to Law 2/2011 of 4 March on Sustainable Economy.

One. Section 8 (1) of Law 2/2011 of 4 March on Sustainable Economy is amended to read as follows:

"1. For the purposes of this Chapter, the current National Energy Commission, the Telecommunications Market Commission, the National Postal Sector Commission and the National Game Commission are considered as the Regulatory Agency. »

Two. Section 9, paragraph 3, of Law 2/2011, of 4 March, on Sustainable Economy, is amended to read as follows:

«3. For the purposes of the provisions of this Law, the National Energy Commission and the Telecommunications Market Commission will relate to the holder of the Ministry of Industry, Tourism and Trade; the National Postal Sector Commission will relate to the holder of the Ministry of Development; and the National Gambling Commission will be related to the holder of the Ministry of Economy and Finance. »

Ninth final disposition. Maintenance of the tax regime applicable in the Income Tax on Physical Persons to awards already exempted in that tax at the time of entry into force of this Law.

In addition, a three-third additional provision is added to Act No. 35/2006 of 28 November on the Income Tax and partial modification of the laws of the Taxes on Societies, on the Income of Non-Residents and on Heritage, which is drafted as follows:

«Thirty-third additional layout. Maintenance of the tax regime applicable prior to the adoption of the Game Regulation Act.

In relation to the awards obtained in games other than lotteries, the exemption provided for in article 7(u) of this Law will only be applied in respect of the games that were already being marketed by the entities provided for in that article and in the final third provision of the Royal Decree-Law 1/2011, of 11 February, at the time of entry into force of Law 11/2011, of regulation of the game, and were exempted in accordance with this time. »

Tenth final provision. Regime applicable to Concert and Convention systems.

1. Under its foral regime, the application to the Autonomous Community of the Basque Country of the provisions of this Law shall be without prejudice to the provisions of the Economic Concert Act.

2. By virtue of its foral regime, the application to the Foral Community of Navarra of the provisions of this Law shall be carried out in accordance with article 64 of the Organic Law on Reintegration and Amejoramiento of the Foral Regime of Navarra, in accordance with the provisions of the Economic Convention between the State and the Foral Community of Navarra.

Final eleventh provision. Entry into force.

This Law will enter into force on the day after its publication in the “Official State Gazette”.

Therefore,

I send all Spaniards, individuals and authorities to keep and keep this law.

Madrid, May 27, 2011.

JUAN CARLOS R.

The President of the Government,

JOSÉ LUIS RODRÍGUEZ ZAPATERO