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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JUAN CARLOS I King of Spain to all that the present join together and act to know: that the Cortes Generales have approved and I come in to sanction the following law.

INDEX title I. object and scope of application.

Article 1. Object.

Article 2. Scope of application.

Article 3. Definitions.

Article 4. Lotteries.

Title II. General provisions.

Article 5. Regulation of the games.

Article 6. Prohibitions objective and subjective.

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

Article 8. The protection of consumers and responsible gaming policies.

Title III. Enabling titles.

Article 9. Submission of the activity of the game to the prior obtainment of enabling title.

Article 10. General licenses.

Article 11. Unique licenses.

Article 12. Authorizations for the celebration of casual character.

Title IV. Control of the activity.

Chapter i. Operators.

Article 13. The operators.

Article 14. Guarantees required operators.

Chapter II. Participants.

Article 15. Rights of the participants in the games.

Chapter III. Approval of the technical systems of play.

Article 16. Approval of the technical systems of play.

Article 17. Technical systems requirements.

Article 18. Games Central Unit.

V. title The administration of the game.

Chapter I. The Ministry of economy and finance.

Article 19. Powers of the Ministry of economy and finance.

Chapter II. The National Gambling Commission.

Article 20. Purpose and legal nature.

Article 21. Functions.

Article 22. Records of the gaming sector.

Article 23. Regulatory competition.

Article 24. Inspection and control.

Article 25. Arbitration of the National Gambling Commission.

Article 26. The Council. Appointment and term of office of the members of the Council of the National Gambling Commission.

Article 27. The President of the Commission national game.

Article 28. Functions of the members of the Council.

Article 29. Causes of termination of the exercise of office.

Article 30. Procurement regime.

Article 31. Regime personnel.

Article 32. Budget and control regime.

Article 33. Economic and financial regime and resources of the National Gambling Commission.

Chapter III. The Council of gaming policies.

Article 34. The Council of gaming policies.

Article 35. Competencies.

Title VI. Sanctioning regime.

Article 36. Competition.

Article 37. Infractions.

Article 38. Offenders subjects.

Article 39. Very serious offences.

Article 40. Grave breaches.

Article 41. Minor offences.

Article 42. Administrative sanctions.

Article 43. Prescription.

Article 44. Sanctioning procedure.

Article 45. Resources regime.

Article 46. Precautionary measures.

Article 47. Measures concerning the providers of intermediation services.

Title VII. Tax regime.

Article 48. Tax on gaming activities.

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

First additional provision. The activity of the lottery game reserve.

Second additional provision. Specific legal regime applicable to the eleven in the field of play.

Third additional provision. Financial allocation to the eleven and certain sports betting of State.

Fourth additional provision. Participation of the autonomous communities in the adoption of new modes of play.

Fifth additional provision. Autonomous cities of Ceuta and Melilla.

Sixth additional provision. Regime of participation in the collection of sports betting.

First transitional provision. Exercise of administrative powers before the start of activities of the National Gambling Commission.

Second transitional provision. Titles enabling the State's society of Loterías y Apuestas del Estado.

Third transitional provision. Rules of the games.

Fourth transitional provision. Transitional arrangements for points of sale and business delegations of the State society of Loterías y Apuestas del Estado.

Fifth transitional provision. First term of office of the directors of the National Gambling Commission.

Sixth transitional provision. Transitional arrangements for the transfer of the tax.

Seventh transitional provision. Validations and approvals of the autonomous communities.

Eighth transitory provision. Transitional regime of the sanctions regime.

Ninth transitional provision. Transitional regime of the sports sponsorship on the game.

Repealing provision.

First final provision. Skill-related title.

Second final provision. Faculty of development.

Third final provision. Extinction of certain public bodies.

Fourth final provision. Update of the amount of the sanctions.

Fifth final provision. Modification of the rates on the game.

Sixth final provision. Modification of the additional provision ten of law 6/1997, of 14 April, of organization and functioning of the General Administration of the State.

Seventh final disposition. The value added tax and General indirect Canary tax exemptions.

Disposal the eighth. Modification of the law 2/2011, March 4, sustainable economy.

Ninth final disposition. Maintenance of the system of taxation applicable in the tax on physical persons income already exempt awards in such a tax at the time of the entry into force of this law.

Tenth final disposition. Regime applicable to systems of concert and Convention.

Eleventh final disposition. Entry into force.

PREAMBLE since the decriminalization of the game in the Royal Decree 16/1977, of 25 February, which regulates the criminal aspects, administrative and fiscal of the games of luck, gambling or gambling and betting, and mainly due to the emergence of new electronic communications services and the use of the interactive online game services It has changed substantially, both in Spain and in other countries of its environment, the traditional conception of the game.

For many years, the status of the game has undergone few changes. However, recently, as a result of the aforementioned irruption of bets and games via the Internet and to be overcome the territorial limits of the traditional trade relations, the doctrine of the Court of Justice of the European Union has pointed out the need to establish a designed range of game.

In parallel to this process of change, new operators have appeared on the market of game for which legislation does not offer an appropriate regulatory response.

Lack of policy instruments appropriate to respond to the questions created the new situation of the market, has generated the need to establish new mechanisms of regulation that offer legal certainty to operators and participants in different games, without forgetting the essential protection of minors, of persons who had voluntarily requested the non-participation in the gaming sector as well as the protection of public order and the prevention of the phenomenon of money laundering and financing of terrorism.

II progress in communication and services, as a result of its application to the activities of game, the untying of such activities in the territory, has brought with it the need to start a new path in the regulation of the gaming sector, ensuring greater efficiency in the fulfilment of the essential objectives of guardianship and social protection of minors and of participants in the games at the time that it is intended to achieve other important objectives such as the prevention of fraudulent activities and money laundering, and all through an offer dimensioned game, regulation of the practice of those games that can be authorized, as well as the public sector audit.

The aforementioned purposes, as well as the need to provide the appropriate regulation game sector, has had its reflection in various parliamentary initiatives and mandates the Government as established, at the national level, in the twenty additional provision of law 56/2007, of 28 December, of measures to promote of the society of the information and , at Community level, in the European Parliament resolution of 10 March 2009 on the integrity of online gambling.

Ultimately, with the most absolute respect to the competence framework defined by the Constitution and the statutes of autonomy, is the need to provide a new legal framework the activities of exploitation and management of State-level games and, particularly, those practiced through electronic, computer, telematic and interactive media and games in which face-to-face media have an accessory character absolutely unavoidable.

The development of a regulatory framework that responds to the needs of the gaming sector must be carried out without prejudice to the full recognition of competencies in terms of game that the statutes of autonomy attributed to the respective communities including, in some cases, the capacity to assist in the exercise of State powers in relation to gaming activities. This circumstance has made precise design procedures and asymmetric mechanisms that facilitate the necessary cooperation and coordination of the State and the autonomous communities in the exercise of State powers in the field of play.

III


In implementation and development of the mandate laid down in the aforementioned additional provision twenty law 56/2007, of 28 December, measures to promote of the society of the information and for the purposes of monitoring activities by State-level game, especially if they are made through electronic media, computer, telematic and interactive, it has been necessary to establish a system of planning and access to the development of the activity determine state competencies in the field of regulation and control, and define a regime of offences and penalties that guarantee the effectiveness of the regulatory framework.

These objectives are, consequently, one of the purposes of this Act that has to be the sectoral standard of reference in the field of exploitation of games through computer, electronic, telematic and interactive media at the State level, ensuring, at the same time, coordination or integration of the regulation which now approves the general normative framework of the activity in our country and other sectoral rules on which this law can have impact, such as, for example, the law 34/1988, 11th November, General advertising, the organic law 15/1999, of 13 December, of protection of Personal character data and other normative complementary and law 34/2002, of 11 July, of services of the information society and electronic commerce.

This law, on the basis of the existence of a sized offer, intended to regulate the form of access to the exploitation of national gaming activities, also allowing the opening of the sector to a plurality of gaming operators. It is, however, an opening of the sector, which must be controlled in order to ensure the supervision of all the interests involved and to preserve public order with full respect to the inspiring principles of Community law.

The large volume of play associated with lotteries, as well as the possibility that the nature of payment documents to the carrier of your tickets and tickets can be used as an instrument for money laundering, requires a reservation of this activity to certain operators, public or private, that they must be subject to a strict public control, thereby ensuring the protection of the interests of the State against the risks of fraud and crime also avoiding the harmful effects of gambling on consumers.

In this sense, it is fully necessary to maintain the reserve exclusive of the activity of the game of lotteries in State level in favor of the State's society of Loterías y Apuestas del Estado and the national organization of blind Spaniards (ONCE), as gambling operators who are exploiting these lotteries controlled to date.

State Loterías y Apuestas del Estado society will continue under a regime of public control of its activity due to the large volume of managed by this game and its extensive commercial network, great rooted in society Spanish for over 250 years. On the other hand, the national organization of blind Spaniards (ONCE), which since 1938 has been consolidated in Spain as a singular social institution in order to care for people with disabilities, will continue to maintain its uniqueness legal in terms of game subject to reservation activities, as set out in the first, second and third additional provisions of this law.

To this end, it is entrusted to the Ministry of economy and finance and the National Gambling Commission, the establishment of the authorisation procedures and the adoption of measures that allow monitoring and control of operators carrying out activities of game subject to reservation under this Act and the control of compliance by these conditions to be established, in particular, in relation to the protection of public order and the prevention of money laundering and the financing of terrorism.

IV from the utmost respect for the powers of the autonomous communities, this law is based on the numbers 6, 11, 13, 14 and 21 of the paragraph that declares first of article 149 of the Spanish Constitution and the repeated doctrine of the Constitutional Court, expressed in numerous statements, which include, the number 163/1994, of 26 May, the existence of a State competition in terms of game that has to be exercised by the State on behalf of the public interest, without prejudice to the powers in the field of game they have recognized the autonomous communities in their respective statutes of autonomy.

The regulation of State-level games has resulted in accordance with the mandate in the sixth section of the additional provision of law 56/2007, of 28 December, 20th of measures of promotion of the information society. State competencies in the field of play must be understood, however, without prejudice to the full recognition of competences that, in this regard attributed 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. These effects, creates the game Council's policies, as a collegiate body that will ensure the participation of the autonomous communities in the fixing of the principles of the rules of the games and the protection measures to minors and dependent persons. In any case, through the game's policy Council will coordinate the action of the State and autonomous communities in relation to licensing.

This law establishes the regulation of gaming activities are carried out through electronic, computer, telematic and interactive channels and in which face-to-face media must have an accessory character, except the subject to reserve game face activities developed by the entities designated by the law which, by their nature, are exclusively State competition.

In order to fully respect the powers of the autonomous communities on the face-to-face game, this law introduces the obligation that the autonomous communities mandatorily issued a report on the enabling applications that could affect its territory. For installation or opening face-to-face premises open to the public or equipment that allow the participation of the games, the granting of any enabling title will require administrative authorization from the autonomous region, which will be awarded in accordance with the policies of their own size of each game.

V this law is divided into seven titles, with forty-nine articles, six additional provisions, nine transitional provisions repealing provision and eleven final provisions.

In title I, "Object and scope of application", regulates the object and scope of the law, both from an objective perspective (activity regulated) as territorial (scope of activity). In this way, the scope of this standard extends to all activities of the Organization, operation and development of State-level game activities through electronic, computer, telematic and interactive, means where face-to-face media have accessory character, as well as advertising activity connected therewith, provided that such activities are directed to the entire territory of the State adopting the criterion of competence distribution established in other sectoral rules as the law 34/2002, of 11 July, services of the society of information and electronic commerce. Also, different games, including the sporadic character definitions are incorporated, and establishes the reserve and the regime of control of the activity of lotteries.

Title II, 'General provisions', includes the requirements of games, as well as the objective and subjective bans on activities subject to regulation, foreseeing the creation or adaptation of the administrative instruments necessary to ensure compliance with the prohibitions of the subjective. Equally, regulates the advertising of the game under cover of the powers of the State planned in number 6 of the first paragraph of article 149 of the Spanish Constitution, particularly in what refers to the protection of youth and childhood, guaranteed in the fourth paragraph of article 20 of the Spanish Constitution. In addition, the principles and practices are collected to adopt in order to protect public order, ensuring the integrity of the game, as well as preventing and mitigating the gambling addiction and the harmful effects that might cause, simultaneously optimizing the benefits for society.

Title III, «Titles enabling», sets out the characteristics of different classes of enabling titles, licenses and authorizations, and the applicable authorisation scheme operators such as operators of games, providing for a procedure for granting eco-with the General principles of Community law.

Title IV, «Control of activity», establish the technical requirements minimum, susceptible of greater specificity by a subsequent specific regulatory development, which must comply with the equipment and technical systems that can serve as a support for the activity of authorised games and which will ensure that he prevents minors and incapacitated and persons who, either by their own free will , or by judicial decision, had it prohibited access to the games developed through telematic and interactive media.


Title V, «The administration of the game», establishes the competencies that correspond to the Ministry of economy and finance in the field of game. Creates a regulatory body, the National Gambling Commission, which attributed all the competencies necessary to ensure and to ensure the integrity, security, reliability and transparency of the operations of the game, as well as compliance with legislation and the conditions laid down for its exploitation. In addition, this single regulator will channel the demand by sizing the supply of gaming activities, preventing the exploitation of activities for fraudulent purposes and by establishing the appropriate framework to protect children and prevent the development of dependence phenomena. Finally, set the game of Policy Council as the organ of participation of the autonomous communities.

Title VI, 'Sanctioning regime', sets the regime of offences and penalties in relation to the activities subject to this law, as well as the sanctioning procedure, including forecasts to be able to act against the game not authorised by blocking of activity that can be done through electronic, computer, telematic and interactive media.

And finally, in Title VII, 'Regime public prosecutor', determines, in accordance with the provisions set forth in twenty additional provision of law 56/2007, of 28 December, of measures to promote of the society of the information, the tax regime applicable to the development of gaming activities regulated by this law, without prejudice to the maintenance of the provisions of articles 36 and following of the Decree 3059/1966 1 December, which approves the revised text of tax rates and in Royal Decree-Law 16/1977, of 25 February, which regulates the criminal aspects, administrative and fiscal of the games of luck, gambling or gaming and betting, which will remain in force in what refers to the assigned assessment in its area of competence.

This new, statewide, tax operations game, as well as random combinations for advertising or promotional purposes, although they are not strictly game.

In addition, regulates the participation of the autonomous communities in the new tax of the game via the assignment of revenue obtained by the corresponding income tax by the residents of each community game, reserving the State proceeds on behalf of the players non-residents in Spain and so it corresponds to State Sports totalizator betting and State horse racing totalizator betting.

The new tax, as he has been said, does not affect the existing rates on the game, being compatible with them, which are still charges transferred to the autonomous communities in their entirety.

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

VI this law has been submitted to the procedure of information in the field of technical standards and regulations and regulations on information society services, regulated by Royal Decree 1337 / 1999, 31 July, for the purposes of fulfilling the provisions of Directive 98/34/EC of the European Parliament and of the Council June 22, 1998, as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998.

Title I object and scope article 1. Object.

The object of this Act is the regulation of the activity of game, in its various forms, developed with State-level in order to ensure the protection of public order, fight against fraud, prevent the addictive behaviors, 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.

In particular, the law regulates the activity referred to in the preceding paragraph when this is done through electronic, computer, telematic and interactive channels in which face-to-face media must have an accessory character, as well as the games developed by the entities designated by this Act for the conduct of activities subject to reservation, regardless of the marketing of those channel.

Article 2. Scope of application.

1 inside the object defined in the preceding article, are included in the scope of this law following gaming activities when the activity has State level: to) gaming activities of lotteries, betting and any other, in which risk money or any economically assessable objects, future and uncertain outcomes , and enabling their transfer among the participants, regardless of which predominates in them the degree of skill of players or are exclusively or primarily of luck, gambling or gaming.

(b) the Raffles and contests, in which participation is carried out through an economic consideration.

(c) the games of occasional character, which differ from the rest of the games provided for in the preceding paragraphs for its sporadic nature.

(d) cross-border activities of game, that is, those made by natural or legal persons based outside Spain that organize or offer activities to residents in Spain.

Also included in the scope of this law the activities of advertising, promotion and sponsorship relating to gaming activities related in this section.

2 are excluded from the scope of application of this law: to) games or competitions of pure leisure, hobby or leisure that constitute social uses and are developed at the State level, provided that these do not produce economically assessable transfers, except for the price for the use of the precise means for their development, and when this does not constitute measurement in some economic benefit to the promoter or the operators.

(b) the game activities carried out through electronic, computer, electronic or interactive media whose scope is not state.

(c) the random combinations for advertising or promotional purposes without prejudice to the provisions of title VII of this Act.

Article 3. Definitions.

For purposes of this law, the terms used in it have the sense referred to in this article.

(a) game. Means any activity in which risk money or economically assessable objects in any way future and uncertain, dependent on some measure of random outcomes, and allow their transfer among the participants, regardless of which predominates in them the degree of skill of players or are exclusively or primarily of luck game gambling or gaming. Awards may be in cash or kind depending on the mode of play.

(b) lotteries. Refers to Lottery gambling activities that are granted awards in cases in which the number or combination of numbers or signs, expressed in the ticket, ticket or its electronic equivalent, coincide in whole or in part with that determined by a raffle or event held in a previously determined date or a bootstrapper , in the case of snapshots or presorteadas. The Lotteries sold tickets, tickets or any other form of participation whose support is material, computer, online, telephone or interactive.

(c) bets. Bet, matter what your mode, means that activity in which they risk amounts of money on the outcome of a predetermined event whose outcome is uncertain and non-participants, determining the amount of the prize which is awarded according to risky amounts or other factors previously laid down in the regulation of the specific form of bet.

Depending on the event on whose outcome the bet is made, this can be: 1. sports betting: is the contest of forecasts on the outcome of one or more sporting events, included in the programmes established by the organizing entity, or on facts or sports activities that are part or are developed in the framework of such events or competitions by the game operator.

2 bet horse riding: is the contest of forecasts on the outcome of one or more horse racing included in programmes established by the organizing entity.

3. other bets: is the contest of forecasts on the outcome of one or more different from previous events included in the programmes established by the game operator.

According to the Organization and distribution of the amounts bet, the bet can be: 1. mutual commitment: is that in which a percentage of the sum of the bet amounts are distributed among those bettors who had successful the result to which it relates the bet.

2. bet's counterpart: is the one in which the bettor bets against a game operator, which Prize to obtain the result of multiplying the amount of the winning forecasts by the coefficient that the operator has previously validated for the same.

3. cross bet: is one in which an operator acts as an intermediary and guarantor of the quantity stationed between third parties, IAS amounts or percentages that the operator had previously set.


(d) raffles. That game mode consists in the award of one or more awards by holding a drawing or selection means raffle by chance, among the purchasers of tickets, ballots or other documents or media involvement, differentiated between if, be they material, computer, electronic or interactive, character in a previously determined date, and whenever it is necessary to make an economic contribution to participate. The purpose of the raffle can be a good furniture, property, transporter or rights linked to them, provided that non-cash prizes.

(e) competitions. That game mode in which its offer, development refers to competitions and resolution develops through a medium of communication whether from television, radio, Internet or other, whenever the gaming activity is related or subordinate to the main activity. In this form of the game to have right to obtain an award, in cash or in kind, participation is made, either directly by an economic outlay, or by phone calls, sending text messages or any electronic, computer or telematic process, where there is a premium, being indifferent to the fact that in awarding the prizes involved not only random but also the overcoming of tests of competition or knowledge or skill.

For the purposes of this definition, does not means by competition programmes in which there still prize the contestant do not perform any economic disbursement to participate, either directly or through phone calls, sending text messages or any electronic, computer or telematic process, where there is a premium.

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

(g) games through face-to-face media. They are the ones in which bets, forecasts or combinations must be formulated in an establishment of a game operator through a terminal online, either through the presentation of a ticket, flyer or a document established to the effect that have consigned forecasts, combinations, or betting, well by typing them in the corresponding terminal, or by its automatic application to terminal based on random. Any of the above formulas shall be transmitted to a central system and then the terminal will issue one or more guards which shall include, at least, the following data: type of game and details of the way in which the participant can access or obtain standards or bases, forecasts made, date of the day, event or period in which participates , number of bets or played combinations and control numbers. In addition to a guard or guards concerned, there will be a single receipt issued by the terminal located in the authorized point of sale concerned, which shall include, at least, above-mentioned, data and which constitutes the only valid instrument to apply for the payment of awards and the only proof of participation in the contests.

(h) game by electronic, computer, telematic and interactive media. They are the ones who use any mechanism, installation, equipment or system that produce, store or transmit documents, data and information, including any open or restricted as TV, Internet, fixed and mobile telephony communication networks or any other, or interactive communication, whether this in real time or delayed.

(i) random combinations for advertising or promotional purposes. They are understood by such those drawings that, exclusively advertising purposes or promotion of a product or service, and taking only consideration the consumption of product or service, without surcharge or any additional pricing, offer prizes in cash, kind or services, demanding, where applicable, the client of the entity status subject to the advertising or promotion.

Article 4. Lotteries.

1 state lotteries will be reserved to operators designated by law.

2 corresponds to the head of the Ministry of economy and Hacienda authorization for the commercialization of state lotteries. Authorization shall fix the conditions of management of the games: to) the minimum and maximum percentage for prizes.

(b) conditions and requirements for the celebration of drawings, where they come and the fixing of the number of them.

(c) the rights of the participants and claim procedures.

(d) the conditions which can make activities of advertising and sponsorship of the authorized activities.

(e) the measures of protection to minors, people dependent and for the prevention of fraud and of laundering of capital and financing of terrorism in accordance with the provisions of the law 10/2010 of 28 April.

3. on the exploitation and marketing of lotteries, authorized operators shall cooperate with the State in the eradication of the illegal games, in the pursuit of fraud and crime and in the avoidance of the pernicious effects of the games.

4. the authorized operators, without prejudice to compliance with the obligations referred to in article 8 of this law, shall notify the National Gambling Commission a Plan of measures in which the additional commitments made by the operator on the responsible management of the game, participation in the repair of the negative effects of the same and the contribution of the operator authorized plans materialize projects or actions for the benefit of society.

Title II general provisions article 5. Regulation of the games.

1. the Ministry of economy and Finance shall establish, by Ministerial order, the basic regulations for the development of each game or, in the case of sporadic games, the General bases for the approval of their practice or development.

2. the establishment of requirements for the development of the games or their modification, means, as appropriate, as approval of new types of games or modification of existing ones.

3. any non-regulated mode of play shall be considered prohibited.

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

Article 6. Prohibitions objective and subjective.

1 prohibited all activities related to the Organization, operation and development of the games subject to this law which, by their nature or by reason of the object on which related to: to) violate the dignity of persons, the right to honour, to personal and family privacy and self-image, the rights of youth and children or against any right or freedom recognized constitutionally.

(b) are based on the Commission of offences, misdemeanours or administrative offences.

(c) be borne by events banned by current legislation.

2 from a point of view subjectively, prohibits participation in games subject to this law a: to) minors and disabled persons legally or by court ruling, in accordance with the set with the civil rules.

(b) persons who have voluntarily requested that be prohibited access to the game or have it prohibited by judicial resolution firm.

(c) the shareholders, owners, partners or owners significant game operator, its managers and employees directly involved in the development of the games, as well as their spouses or people that live, ancestor and descendant in first grade, in the games that manage or exploit those, regardless of which participation in the games, by any of the above occur directly or indirectly through third parties or legal entities.

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

(e) managers of participating or organizing sports entities with respect to the event or sporting activity on which the bet is made.

(f) the judges or referees performing their functions in the event or sporting activity on which occurs the bet, as well as the people who resolved appeals against the decisions of those.

(g) the President, advisers and directors of the National Gambling Commission, as well as their spouses or people that live, ascendants and descendants in first grade and the staff of the National Gambling Commission having assigned functions of inspection and control in the field of play.

(h) any other person that a rule could be established.


3. with the aim of ensuring the effectiveness of previous bans subjective, the National Gambling Commission will establish measures which, according to the nature of the game and potential damage to the participant, may require operators to the effectiveness of the same. Also creates the General Register of bans the game access and registration of persons connected to gambling operators, both State-level.

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

1. in accordance with the law 34/1988, 11th November, General advertising, prohibited advertising, sponsorship and promotion, in any form, of the games of luck, gambling, gaming and advertising or promotion of gaming operators, when it lacks the corresponding authorisation for the realization of advertising contained in the enabling title.

Game operator must have the corresponding enabling title that authorizing you the development of gaming activities through programs issued in published or audiovisual media in media or websites, including those of game in which the means of access to a prize consist of the use of premium services provided through phone or messaging-based calls.

2 according to the rules will be established conditions to be included in the respective qualifying titles of the authorization of advertising and its limits and, in particular, regarding: to) send advertising or promotional communications by e-mail or by any other means of electronic communication, which will be possible only if it has been previously authorized by the recipient , in accordance with the provisions of the first paragraph of article 21 of law 34/2002, of 11 July, of services of the information society and electronic commerce.

(b) the inclusion of ads or other advertising forms of the games on media and other advertising media.

(c) the activity of sponsorship in sports events which are the subject of betting.

(d) the inclusion of advertising posters of gaming activities in the places they held events whose results are the subject of betting or lotteries.

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

(f) any others which are established by law.

3. any entity, agent advertising, audiovisual or electronic communication service provider, media or service of the information society that broadcast advertising and direct or indirect promotion of games or its operators, must verify that request the inclusion of advertisements or advertising claims have corresponding enabling title issued by the National Commission of game and this empowers you to carry out the requested advertising refraining from their practice if it was him. The National Gambling Commission, through its website, keep up-to-date and accessible information about the enabled operators.

4. the National Commission for the game in the exercise of administrative powers to require the cessation of the advertising of gambling activities, will head to the entity, advertising agency, service provider of audiovisual or electronic communication, means of communication or information society service, indicating approval infringement of applicable laws.

The entity, advertising agency, service provider of audiovisual or electronic communication, means of communication or information society service shall, in the two calendar days following its receipt, communicate compliance with the requirement. When the advertising message have a report of positive consultation issued by an advertising self-regulatory system with which the National Gambling Commission has an agreement under paragraph 5 of article 24 of this law, means that it acted in good faith if he had subjected to such positive consultation report for the assumption of administrative action carried out within the framework of a disciplinary record.

Article 8. The protection of consumers and responsible gaming policies.

1. responsible gaming policies involve the exercise of gaming activities will be addressed from a comprehensive policy of corporate social responsibility that includes the game as a complex phenomenon where they have to combine preventive, awareness-raising actions, intervention and control, as well as repair of the negative effects produced.

Preventive actions shall be addressed to the awareness-raising, information and dissemination of good practices of the game, as well as the possible effects that may result in a not good practice of the game.

Game operators must develop a plan of action with regard to the mitigation of possible harmful effects that can produce the game on persons and incorporated the basic rules of responsible gaming policy. In what refers to the protection of consumers: to) pay due attention to the groups at risk.

(b) provide the necessary information to the public so it can make a selection aware of your gaming activities, promoting attitudes of moderate, non-compulsive and responsible game.

(c) report in accordance with the nature and means used in each set of the prohibition of participation to minors or persons in the General Register of access bans the game or in the register of persons connected to gambling operators.

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

Title III article 9 qualifying titles. Submission of the activity of the game to the prior obtainment of enabling title.

1. the exercise of the non-reserved activities which are the subject of this Act is subject to prior obtaining of the corresponding enabling title, on the terms laid down in the following articles. In accordance with this law are titles enabling the licences and authorizations of gaming activities.

The autonomous communities will issue mandatory report on requests for qualifying securities made before the National Gambling Commission which may affect the territory. For these purposes, shall be deemed to gaming activities affecting one autonomous community, when gaming operators have the same residence, domicile or social, if you disagree with these, the place that is effectively centralized administrative management and direction of their business.

The installation or opening face-to-face premises open to the public or equipment that allow the participation in the games will require, in any case, administrative authorization from the autonomous community whose legislation so requires. These authorisations shall be governed by the autonomous legislation of the corresponding game.

The National Gambling Commission will inform the competent regional bodies granting the qualifying game titles to its territory. The same procedure shall be followed in the event of revocation, modification, extinction of the qualifying titles, transmission, as well as in the case of activities that are subject to the same sanction.

2. all activities included in the scope of this Act to be performed without the required enabling title or in breach of the conditions and requirements laid down therein, shall have the legal consideration of prohibited, being subject those who promote or make a donation to the sanctions provided for in Title VI of this law.

3. the required enabling titles for the exercise of activities subject to this law cannot be transferred or exploitation by third parties. Only you can be out transmission of the title, prior authorisation of the National Gambling Commission, in cases of merger, Division or branch of activity contribution, motivated by a corporate restructuring.

4. the qualifying degrees conferred by other States would not be valid in Spain. Operators recognized by other members of the European economic area States, must comply with the requirements and the procedures established by the legislation in force. Regulations will establish the procedure by which the National Gambling Commission can validate that documentation as submitted by an operator licensed in the European economic area, exempting its new presentation in Spain.

5 licenses and approvals regulated in this law shall lapse in the following cases: to) by the applicant expressly stated in writing.

(b) for the course of your term without being prompted or grant its renewal, when the renewal had been planned on the basis of the call for the corresponding procedure.

(c) by resolution of the National Gambling Commission, which is expressly found the concurrence of any of the following causes of resolution: 1 loss of all or some of the conditions that determined its granting.

2nd death or disability occurring of the holder of the authorization, as individual, dissolution or extinction of the company that owns the license or authorization, as well as the permanent cessation of the object of such certificates enabling activity or lack of exercise for at least one year, in the event of license.


3rd the Declaration of insolvency or the Declaration of insolvency in any other proceedings.

4th the imposition as a sanction in the disciplinary procedure.

5 breach of essential conditions of the authorization or license.

6 the transfer or transmission of the enabling title through merger, split or contribution made by branch of activity, without prior authorization.

7th the enabling degree with falsehood or alteration in the conditions that determined its granting, after hearing the interested party, when it comes.

6 obtain the enabling degree referred to in paragraph 1 of this article will be conditioned to the operator is familiar with payment of the corresponding tax obligations.

Article 10. General licenses.

1 stakeholders in developing non-casual gaming activities must obtain, prior to the development of any type of game, a license of a general nature for each game mode defined in article 3, c's), d), e) and f), depending on the type of game that intend to market.

The granting of General licences for the exploitation and marketing of games will be held for the National Gambling Commission, upon the timely call of a procedure that shall be subject to the principles of publicity, concurrency, equality, transparency, objectivity and non-discrimination, and which shall be governed by the specifications of bases which, on a proposal from the National Gambling Commission , is approved by the head of the Ministry of economy and finance and to be published in the official bulletin of the State.

The call of procedures for the granting of General licences for the exploitation and marketing of games will be promoted, ex officio or at the request of any interested party, by the National Gambling Commission. The promotion of the call at the request of the person concerned shall be within the period of six months as from the receipt of the request unless the National Gambling Commission accordingly considers that there are reasons of safeguarding of the public interest, protection of minors and prevention of gambling addiction phenomena to justify to not proceed to the requested call.

Interested parties may request the convening of a new procedure of granting of General licences for the exploitation and commercialization of certain games, after at least 18 months from the date of the previous call in relation to the same mode of play.

The bases that govern the call will not limit the number of licences that may be issued, unless a proposal from the National Gambling Commission and on the basis of the procedure instructed for that purpose in the audience will be given to the interested parties, deemed necessary sizing up the offer of the game object of the call and limiting the number of operators. The limitation of the number of operators will be based solely on grounds of the protection of the public interest, protection of minors and prevention of gambling addiction phenomena.

On the basis of the call for proposals may include as criteria that should be taken into account in the granting, the experience of competing bidders, creditworthiness and media that count for the exploitation of the license.

2. the list of bases of the procedure referred to in the preceding paragraph shall establish minimum, total and paid necessary social capital for participation in the tender. Along with the request to participate in the call for proposals, the applicant shall provide an operational plan that takes into account the principles of responsible gaming, training employees, distribution channels, game design and other aspects of its activity according to the rules established.

3 general licensing resolution will pick up the content to be determined according to the rules and, in any case, the following: a) denomination, duration, domicile and capital social, and where applicable, the percentage of participation of non-Community capital.

(b) list of members of the Board of Directors, directors, managers or representatives if any.

(c) nature, modalities and types of activity subject to license, as well as events whose outcomes are made those.

(d) territorial scope which it will develop the activity subject to license.

(e) conditions of awards to be granted by game or bet and the amount thereof that in no case shall exceed the percentage that is set to the list of bases of the call to the effect.

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

(g) authorization for the realization of advertising, sponsorship or promotion.

h) preventive mechanisms to avoid fraud and laundering of capital and financing of terrorism prevention systems which referred to the law 10/2010 of 28 April, of laundering of capital and financing of terrorism.

(i) term of validity, possibility of extension and causes of extinction of the license.

(j) systems, procedures or mechanisms established, in accordance with the nature of the game, to prevent access by persons falling in some of the subjective prohibitions laid down in article 6 of this law and especially those aimed at ensuring that you found the age of participants.

4 licensees shall have the following rights and obligations: to) develop the gaming activity at the State level, with the rights and obligations recognized in the statement of basis and in the resolution of granting.

(b) license the singular of operation for each mode and game type, provided that they meet the requirements.

(c) satisfy rates derived from the activity of regulation of the game established.

d) implement a specific website with low domain name ". is» for development and commercialization over Internet of gaming activities within the scope of this law.

(e) redirect to the specific web site with low domain name ". is» the connections that are made from locations situated in Spanish territory, or make use of Spanish, web sites under different domain user accounts to the «. is», which they owned or controlled by the operator's game, its parent or its subsidiaries.

5 enabled operators to conduct gaming activities must assume as commitments, so it refers to the responsible management of the game: to) ensure compliance with laws and regulations, especially, obligations established by law 10/2010 of 28 April, the laundering of capital and financing of terrorism.

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

(c) channel properly the demand for participation.

d) reduce any risk of potential damage to the company, this includes the fight against the illegal game and associated criminal activities.

(e) collaborating actively in accordance with the regulations, with the authorities responsible for the prevention of money laundering.

The set of principles and practices responsible game management means to adopt in order to protect public order, ensuring the integrity of the game, simultaneously optimizing the benefits to society.

The national Gaming Commission will verify compliance by operators of their obligations without prejudice to the powers of supervision of the Service Executive of the Commission for prevention of money laundering and monetary offences in the field of prevention of money laundering and the financing of terrorism, established by article 45.4 f) of law 10/2010 of 28 April , prevention of laundering of capital and financing of terrorism.

6. General licences will have a duration of 10 years and will be renewable for an identical period.

In those cases in which, in accordance with provisions of paragraph one of this article, has had limited the number of operators of a specific game, the extension of the general license will not take place and should be granting procedure convened for this purpose when there are the following requirements: to) that there is a third party or third parties interested in obtaining the licence.

(b) that it has ordered it with a period of notice of at least 24 months before the expiration date.

(c) that the applicant or applicants prove the compliance with the requirements which were taken into account to obtain the license by the owner or owners.

Article 11. Unique licenses.

1. the operation of each of the game types included in the scope of each general licence will require the granting of a singular operating licence.

2. the granting of special licenses and its extension shall be subject to the requirements and conditions to be determined by the National Commission for the game within the framework of the regulation of each of the modes of play.


3. operators enabled the general license may apply for special licenses. The unique license that gaming activity which has been published, with previous character, its regulation may only be requested. In the case of not being regulated, the gaming operator may request its regulation to the competent authority which may, where appropriate, accordingly this application refused.

4. regulations unique licensing procedure will take place. The requirements established in the framework of the procedure for obtaining unique licenses shall respect the principles of transparency, objectivity and non-discrimination, and will be proportional to the purpose of protection of public health, children and dependent persons and the prevention of fraud and of laundering of capital and financing of terrorism.

5. unique licenses will have a minimum of one year and maximum of five duration and will be renewable for successive periods of the same duration. The regulation of each of the types of game will determine the duration of the corresponding unique licensing and conditions and requirements that have been met for its extension.

6. the loss of the general license will entail loss of unique licences related to the same.

Article 12. Authorizations for the celebration of casual character.

1. the celebration of any gaming activities subject to this law having an occasional or sporadic character is subject to prior authorisation, in accordance with the procedure determined by law.

2. the granting of authorizations for the holding of occasional character corresponds to the National Gambling Commission that can set the limitation in the amount of the awards.

3. persons or entities requesting authorization must satisfy the relevant fees.

4 after one month from the request for authorisation unless notified its granting, shall be rejected by silence.

Title IV Chapter I operators article activity Control 13. The operators.

1. the Organization and exploitation of activities subject to this law may be, according to each case, carried out by individuals or legal entities, public or private entities, with Spanish nationality or of a country belonging to the European economic area and which have at least one Permanent Representative in Spain.

They may only participate in the competitive procedure of General licenses for the exploitation and marketing of games not having an occasional character, legal form of joint-stock company with persons having sole corporate purpose organization, marketing and exploitation of games, becoming, to this effect, such as games or betting operators.

The companies that request the exploitation or organization of the games provided by this law must prove technical, economic and financial solvency in the terms established by law.

The direct or indirect participation of non-Community capital will limit provisions of the legislation on foreign investments in Spain.

2 may not be holders of licences and authorisations provided for in title III of this law, natural or legal persons in whom any of the following circumstances concur: a) having been convicted by a judgment signed within the four years prior to the date of the application of the enabling title, for crimes against public health, falsehood of conspiracy, smuggling, against property and against the socio-economic order, against the public administration or public finance and Social Security, as well as any criminal offense arising from the management or operation of games for those who not have been enabled.

(b) requesting the Declaration of voluntary, have been declared insolvent in any proceedings, be declared bankrupt, unless this has acquired efficiency an agreement, be subject to judicial intervention or have been disabled under the law 22/2003, of July 9, bankruptcy, unless you have completed the period of disqualification set out in the statement of qualification of the contest.

c) have been sanctioned person physics, the legal person or its partners, managers or administrators, by administrative resolution firm for two or more very serious violations in the last four years, for breach of the rules of play of the State or the autonomous communities.

(d) have resulted in the natural person or the legal entity, because of which had been found guilty, to the firm resolution of any contract entered into with the General Administration of the State.

(e) be involved the physical person, managers of companies or those who have the legal representation of other legal persons, any of the assumptions of the law 5/2006, of 10 April, regulation of the conflicts of interest of members of the Government and the high charges of the General Administration of the State, of the law 53/1984 , on December 26, incompatibilities of personnel at the service of the public administrations, or treat any of elective posts regulated in the organic law 5/1985, of 19 June, of the General Electoral regime, in the terms set forth therein or autonomic legislation governing these matters.

(f) not be abreast in the fulfillment of tax obligations or face Social Security imposed by the regulations.

(g) not be abreast of payment of obligations by reinstatement of subsidies.

(h) have been sanctioned in the natural person or the legal person with firm resolution, with the loss of the possibility of obtaining subsidies according to the law 38/2003 of 17 November, General subsidies or law 58/2003, of December 17, General tax.

(i) have been punished or person legal through final resolution by collected very serious breaches in the law 10/2010 of 28 April, of laundering of capital and financing of terrorism.

(j) institutions participating or organizing sporting events or any other events on which bets are made.

These prohibitions reaches legal persons whose managers or representatives, existing office or representation, are in this situation for actions undertaken on behalf or for the benefit of such legal persons, or which comply with the conditions, qualities or relations that the relevant figure of the type required to be active subject of the same.

Enabling degree bans will also affect those companies which, by reason of those who govern them or other circumstances, can boast about being continued or that they derive, transformation, merger or succession, other companies that had frequented those.

Regulations will be determined how appreciation and scope of prohibitions, as well as the justification by persons or entities not be bankrupt in the prohibitions.

3. legal persons intending to organize, exploit and develop gaming activities subject to this law applying a general license, must apply for provisional registration in the General Register of game licenses, in the terms established by law.

Article 14. Guarantees required operators.

1. operators who obtain a general license shall constitute a warranty terms, modalities and amounts established by regulation.

2 the guarantee to which referred to earlier will be affecting the fulfilment of the obligations set forth in this law and in particular to the payment of awards, the responsibilities arising from the penalties and the payment of the fees earned in the field of game when, the period that is established by law, they had not become effective. After missing the causes of its Constitution and provided that don't have knowledge of obligations or liabilities outstanding that were affected, timely liquidation will proceed to its return, at the request of the person concerned, prior when appropriate.

3 may establish additional guarantees linked to unique licensing which will be determined by the National Gambling Commission for each type of game under the conditions and within the limits established by ministerial orders laying down the basic game rules, leaving affected the fulfilment of specific obligations for payment of prizes and the fulfillment of any other obligation of the operator.

4. warranties must be kept up-to-date. If within the period of one month from the date of the request the update is not carried out, the person concerned may incur in case of revocation of the enabling title.

Chapter II article 15 participants. Rights and obligations of the participants in the games.

1 participants in the games have the following rights: to) to clear and accurate information about the rules of the game in which they wish to participate.

(b) to receive the prizes that could correspond to them in time and form established in accordance with the specific rules of each game.

(c) to formulate to the National Gambling Commission complaints against the decisions of the operator that affect their interests).

(d) at the time of use corresponding to the price of the consignment in question.


e) to play freely, without coercion or threats from other players or any other third party.

f) to know at any time the amount that has played or bet, as well as in the case of having a user account in the game operator, to know the balance of it.

(g) to identify safe mode through the national document of identity card, passport or equivalent document or through system of recognised electronic signature, as well as to the protection of your personal data as provided for in the organic law 15/1999, of 13 December, of protection of data of a Personal nature and its implementing regulations.

h) to know at all times the identity of the operator of game, especially in the case of electronic games, as well as, in the case of claims or possible infringements, to know the identity of personnel who interact with the participants.

(i) to receive information on the practice of responsible for the game.

2 the participants in the games have the following obligations: to) identify itself to gaming operators in the terms established by law.

(b) comply with the rules and regulations which, in relation to the participants, to be established in the ministerial orders that are approved in accordance with article 5 of this law.

(c) do not affect the normal development of the games.

3. the relationship between the participant and the enabled operator is a private relationship, and therefore disputes or disputes that may arise among them shall be subject to the courts and tribunals of the civil court order, without prejudice to the exercise of the powers exercised by the National Gambling Commission within the jurisdiction recognized in this law to impose penalties.

4. enabled operators shall establish appropriate procedures to maintain the privacy of the user data in accordance with the organic law 15/1999, of 13 December, on protection of data of a Personal nature and its complementary regulations.

Operators will only deal with data from participants that were necessary for the proper development of the gaming activity for which have been authorized for the fulfilment of the obligations laid down in this law. The data will be cancelled once fulfilled the purposes that justified their treatment.

In any case, in accordance with the provisions of article 5 of the organic law 15/1999, of 13 December, of protection of Personal character data, operators must inform users about the treatment of their personal data and the purposes for which there is treatment, as well as the rights that correspond to them in accordance with current regulations on the protection of personal data.

Operators must also implement security measures established in the current legislation on data protection on the files and treatments and to comply with the duty of secrecy imposed by such legislation.

Chapter III approval of technical systems of game article 16. Approval of the technical systems of play.

1. institutions that carry out the Organization, operation and development of games covered in this law will benefit from software material, equipment, systems, terminals and in general necessary instruments for the development of these activities, duly approved.

2. the approval of the technical systems of play, as well as the establishment of the necessary specifications for its operation, corresponds to the National Gambling Commission, which will be approved in the context of the criteria laid down by the Ministry of economy and finance and the Council of gaming policies, technical game systems certification procedure including , in his case, the approvals of materials for the game. The National Gambling Commission will ensure that the establishment of the specifications, as well as the procedures of certification and approval of materials for the game, not introduced obstacles that might unjustifiably distort competition on the market.

3. the standards and certifications validated by the competent bodies of the autonomous communities for the grant of autonomous enabling titles, may have effects on procedures regulated in this law under the terms established by law.

4. procedures for the approval of the technical game systems which may affect relevant to the processing of personal data by operators, the National Gambling Commission request report to the Spanish Agency of data protection.

Article 17. Technical systems requirements.

1 technical system for the Organization, operation and development of the games by means electronic, computer, telematic and interactive, irrespective of the provisions in article 24 of this law for the purpose of inspection and control, will be formed by the Central Unit of games and all systems and technical or telematic instruments that enable the Organization marketing and hosting games by these means.

2 the technical system, that meet the conditions established by the National Gambling Commission, must have sufficient authentication mechanisms to ensure, among others: to) the confidentiality and integrity in communications.

((b) the identity of the participants, in the event of the games developed through telematic and interactive media, as well as the physical, in the terms established by law, that are not recorded in the register provided for in article 22.1. b) of this Act.

(c) the authenticity and computation of bets.

(d) control of proper function.

(e) compliance with the subjective prohibitions covered in article 6 of this law.

(f) access to the components of the computer system only authorized personnel or their own national Commission of the game, on the conditions that it may establish.

Article 18. Games Central Unit.

1 operators enabled the Organization, operation and development of the Games permanently subject to this law, must have a Central Unit of games shall comply with the specifications that, to this effect, set the national Gaming Commission, and that will allow: to) record all actions or operations carried out from the computers and users connected to it.

(b) ensure the correct operation of gaming activities.

(c) verify at all times, if so required, operations, the participants therein and their results, thus permitting the nature of the game, as well as rebuild reliably all actions or operations carried out through it.

2. operators shall ensure the existence of necessary backups and the application of technical measures and contingency plans that permit to guarantee the recovery of data before any kind of incidence.

3. operators must have a replica of its Central games unit, which will allow the normal development of the activity of the games, with all the guarantees, in the cases in the main unit is found out of service.

4 both the games unit and its replica, will incorporate computer connections secure and compatible with the National Gambling Commission systems, allowing to carry out a control and monitoring, in real time if so required, of the activity carried out, the prizes and the identity of the persons involved and are awarded at the same , and where appropriate, the return of awards that eventually takes place on the occasion of the cancellation of the games, all without prejudice to the possibility of on-site inspections. Mainframe must be able to be monitored from Spanish territory by the National Gambling Commission, regardless of their location. The National Gambling Commission may require that secondary systems operator units are located in Spain with the purpose of verification and control of the information.

Title V the administration of the game chapter I the Ministry of economy and finance article 19. Powers of the Ministry of economy and finance.

They correspond to the holder of the Ministry of economy and Hacienda the following powers: 1. establish the basic rules of each game and in the case of sporadic games, the general basis for your practice or development, based on the criteria laid down by the Council of gaming policies.

2. to approve the tender bases of concurrenciales procedures referred to in article 10(1) of this law, in accordance with the framework established in the licensing regulations and its implementing regulations.

3 develop and modify the rules of game that are considered necessary for the fulfilment of the purposes of this Act.

4 authorise the marketing of lotteries and impose sanctions for violations classified as very serious, in accordance with the provisions respectively in articles 4.2 and 42.3 of this law.

5 propose the appointment of the President and the directors of the National Gambling Commission.

6. instruct the file for dismissal of members of the National Gambling Commission referred to in article 29. (f) of this Act.

7. few others established in this law.

Chapter II the Commission national of the game article 20. Purpose and legal nature.


1. you create the National Gambling Commission which shall serve to ensure the proper functioning of the gaming sector and ensure effective availability and competitive services for the benefit of users. Its purpose is to authorize, supervise, control and, where appropriate, punish, development, exploitation and marketing of games and other activities in the field of application of this law.

As guiding principle, must ensure integrity, security, reliability and transparency of the operations of the game, as well as compliance with legislation and the conditions laid down for the operation of gaming activities.

It will also channel demand by sizing the supply of gaming activities, preventing the exploitation of activities for fraudulent purposes and establishing the framework appropriate for protecting children developing or promoting the actions, programmes and specific activities to prevent the development of dependence phenomena.

2. the National Commission for the game is configured as a regulatory body, with legal personality itself and full capacity Act, than those provided for in the additional provision ten of law 6/1997, of 14 April, of organization and functioning of the General Administration of the State.

3. the National Commission for the game is a functionally independent of the General State administration body, even though it is attached to the Ministry of economy and finance through the Ministry of finance and budget, assuming the exercise of the functions of coordination between the Commission and the Ministry.

4 by Royal Decree agreed in Council, approve the Statute of the National Gambling Commission, which is set to your organization, structure, operation, as well as any other aspects that were accurate for the fulfilment of its functions and that in any case, you must have the following content: to) functions to develop and, where , the decision-making powers corresponding to the powers assumed by the General Administration of the State and its public bodies, and any others that are attributed to them.

(b) the determination of the headquarters, organizational structure and operating regime.

(c) the personnel, material, financial and economic means which conform to the National Gambling Commission.

(d) the form of participation of the autonomous communities or other public administrations at the National Gambling Commission.

5. in the exercise of its public functions, and in the absence of provisions in this law and in the rules which supplement it or develop the National Gambling Commission will act pursuant to their legislation specific and supplementary by law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure and by law 6/1997 April 14, organization and functioning of the General Administration of the State.

Article 21. Functions.

They are the National Gambling Commission, the following functions: 1. develop the basic regulation of the games and the General bases of the sporadic games when so determined in the Ministerial order to approve them.

2 nominate the head of the Ministry of economy and finance the tender bases of procedures which referred to article 10(1) of this law and grant necessary enabling certificates for the practice of the regulated activities subject to this law.

3. to inform, on a mandatory basis, authorization subject to reservation Lottery activities.

4 issue general instructions to the game operators.

5. establish the necessary technical and functional requirements of the games, the technological operations and quality certifications, standards and processes, procedures, disaster recovery plans, plans for business continuity and information security, in accordance with the provisions contained in the regulations and the criteria laid down by the Council of gaming policies.

6 approved software and technical, computer or telematic systems to the games, as well as the same standards, including mechanisms or systems that allow the identification of participants in the games. In the exercise of this function, the National Gambling Commission shall avoid any unjustified obstacles to competition in the market.

7 monitor, control, inspect and, where appropriate, punish activities relating to the games, especially those relating to gaming activities reserved to certain operators under this Act, without prejudice to the powers attributed to the competition authorities.

8 pursue unauthorized game is already made in the field of the State Spanish, since outside of Spain and which is directed at the territory of the State, and may require any provider of payment services, entities for the provision of audiovisual communication, services of the society of information and electronic communications services, information relating to operations carried out by the operators or by organizers that lack of enabling title or cessation of the services that you were paying.

9. ensure that the interests of the participants and of vulnerable groups are protected, as well as compliance with laws, regulations and principles that regulate them, to defend public order and prevent the unauthorized game.

10 establish the channels appropriate to the participant provide an accurate and appropriate information about game and effective grievance procedures activities.

11 settle complaints that may be filed by the participants against operators.

12 manage the records provided for in this law.

13 to promote and carry out studies and research in the field of play, as well as its incidence or impact on society.

14 work in compliance with the legislation of anti-money laundering of capital and financing of terrorism and ensure compliance with the same, without prejudice to the competence of other administrative bodies in relation to the operators carrying out activities of game subject to reservation of activity by law.

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

16 manage and raise the rate by the administration of the game.

17. any other competition public and administrative powers that currently holds the General Administration of the State and its public bodies, with the exception of police functions that correspond to forces and security bodies, without prejudice to the powers attributed to the competition authorities in terms of games.

18. any other function that is attributed to him by the legal system.

Article 22. Records of the gaming sector.

1 National Commission of game shall, under their dependence and control, the following records of State level: to) the Register General of licensing of game, which is practiced the inscriptions of the provisional nature of the companies that participate in concurrenciales general licensing procedures, as well as the inscriptions of finality of the entities which have obtained a licence to develop the gaming activity.

(b) the General Register of bans access to the game, in which the information necessary to make effective the right of citizens to participation in activities in the cases is banned them in required identification for participation in them will be included. In addition, the information relating to those other persons who, by judicial decision have prohibited the access to the game or are legally incapacitated shall be recorded. Subjective requirements mandatory for registration in this register shall be determined by the National Gambling Commission. This registration information will be provided to operators of game in order to prevent access to the persons registered in the same game.

By regulation the procedure will be established to coordinate the communication of data between access records of ban the game from different autonomous communities and the General log of bans the game access.

(c) registration of persons connected to gambling operators, in which shall be entered the data of shareholders, partners or owners significant of the company's game, its managers and employees directly involved in the development of the games, as well as their spouses or people that live, ancestor and descendant in first grade.

2. the treatment of the personal data in the files and records referred to in the preceding paragraph, for the purposes provided for in this law, will not require the consent of their owners.

Regulations will be determined the specific content of the records referred to in this article. Records shall not include data other than those strictly necessary for the fulfilment of the objectives laid down for them by this law.

The contents of the registers referred to in this article does not present publicly, leaving limited communication of the information contained on them, solely and exclusively for the purposes provided for in this law.


3. regulations shall be established the Organization and operation of the records of the gaming sector. Within this framework, the National Gambling Commission and the competent bodies of the autonomous communities may agree, through the appropriate agreements of collaboration, the interconnection of your game records and sharing data and tax information, with full respect to the rules governing the protection of personal data.

Article 23. Regulatory competition.

1. the national Gaming Commission may issue those provisions requiring the development and implementation of the rules contained in this law, in the royal decrees approved by the Government or the orders of the Ministry of economy and finance, provided that these provisions enable you express mode to do this. These provisions will be developed by the own Commission national game, previous timely technical and legal reports from the competent services, and consultation, where appropriate, to the autonomous communities. Such provisions shall be adopted by the Council of the National Commission of game and shall have no effect until its publication in the «Official Gazette» and will still enter into force pursuant to paragraph of article 2 of the Civil Code.

2. when handed down provisions which can significantly affect the conditions of competition of gaming operators, the National Gambling Commission shall be obliged to report in advance to the competent body in the field of competition.

3. provisions or resolutions issued by the National Gambling Commission in the exercise of administrative powers which are conferred upon him by this law will put end to the administrative and may be optionally appealed in reinstatement in accordance with the provisions of law 30/1992, of the legal regime of public administrations and common administrative procedure or contest directly before the administrative courts in accordance with the law governing that jurisdiction.

Article 24. Inspection and Control.

1. in order to ensure the provisions in this law and in the provisions that complement it, it will be up to the National Gambling Commission audit, monitoring, inspection and control of all aspects and standards of administrative, economic, procedural, technical, computer, electronic and documentation, to the development of the activities provided for in this law.

Also, will correspond to the National Gambling Commission the investigation and prosecution of the games illegal, without prejudice to the faculties corresponding to competent security bodies and forces and the Service Executive of the Commission for prevention of money laundering and monetary offences under the terms of article 45.4 f) of law 10/2010 of 28 April , prevention of laundering of capital and financing of terrorism. The National Gambling Commission shall establish the procedures necessary in order to comply with the above functions.

Forces and bodies of State security, in accordance with article 12.1. to), point (d)), the organic law 2/1986, of 13 March, forces and State security bodies, will collaborate with the National Gambling Commission in the functions of monitoring and inspection of compliance with the legislation on game. If as a result of the activity inspector carried out by forces and State security bodies in the exercise of the functions of collaboration with the National Gambling Commission found the existence of evidence of the Commission of an offence, shall be timely act which will be sent to the competent bodies to initiate the sanctioning procedure.

2. by the National Gambling Commission will be established additional procedures for the monitoring and control of the operators carrying out activities of game subject to reservation under a law and the fulfillment of the conditions established to them, in particular in relation to the protection of public order and the prevention of money laundering and financing of terrorism. In the event that, in the exercise of its Inspector work, the National Gambling Commission appreciate possible infringements of the obligations established by law 10/2010, of April 28, of laundering of capital and financing of terrorism, it shall inform the Secretariat of the Commission for prevention of money laundering and monetary offences in accordance with article 48.1 of the Act.

3. the National Commission for the game may be a control on the user account of the participant in the activities of game object of this law, as well as operators or suppliers of gaming services. The National Gambling Commission will have access to the personal data collected in the account of user participants, respecting at all times the provisions of organic law 15/1999, of 13 December, of protection of data and its implementing regulations.

Public administrations will give access to the National Gambling Commission to their databases in order to verify the identity of the participant and, especially, their age of majority status.

4. authorized operators, their legal representatives and staff which in his case is at the forefront of the activities at the time of the inspection, shall be required to facilitate the inspectors and their support staff access to the premises and various dependencies, as well as the examination of the technical and computer stands, books records and documents requesting the inspection. The result of the inspection shall be recorded in minutes which shall have the nature of a public document and will test, unless credited otherwise, the facts and circumstances giving rise to it.

The minutes must be signed by the official who spread it and by the person or representative of the bonded entity, who may be included many comments as it deems appropriate. Be delivered copy of the certificate to the person or representative of the bonded entity, leaving evidence, where appropriate, of its refusal to sign it or will be present in the development of the inspection.

In the exercise of inspection functions the National Gambling Commission staff will have the status of authority. The exercise of the powers of inspection and control may be subject to agreement with the autonomous communities with regard to the activities and of the means or instruments located in its territory, with the exception of the decision-making character.

The National Gambling Commission will collaborate with other regulatory bodies of the European economic area in pursuit of the illegal game, through the adoption of coordinated measures to obtain cessation in the provision of illegal services of game and the exchange of information.

5. the national Gaming Commission may sign agreements of co-regulation that contribute to the fulfilment of the obligations laid down in this law, in particular with regard to advertising, the terms to be determined by regulation. In so far as these agreements affect the advertising carried out by audiovisual communications service providers, you must refer to report of the State Council of audiovisual media prior to the signing of the same. Self-regulation systems provide independent control bodies to ensure the effective implementation of the commitments made by the Member companies. Codes of conduct may include, among other, individual or collective measures of previous self-regulation of advertising content and must establish effective systems for the out-of-court settlement of claims which meet the requirements set out in Community legislation and, as such, are notified to the European Commission, in accordance with the provisions of the Council resolution of 25 May 2000 on the community network of national bodies for the extra-judicial settlement of consumer disputes or any equivalent provision.

Article 25. Arbitration of the National Gambling Commission.

1. the National Commission for the game will act as arbitrative body in disputes which may submit to it gaming operators, within the framework of the established regime in the law 60/2003, of 23 December, arbitration, whose rules shall apply Additionally in matters not provided for in this law or its implementing rules.

2. the arbitral function will not public and will be free, except the costs generated by the practice of testing.

3. the procedure, which shall be governed by the Statute of the Commission national game, shall comply with the principles of equality between the parties, audience and contradiction.

Article 26. The Council. Appointment and term of office of the members of the Council of the National Gambling Commission.

1. the Council is the collegiate decision-making body in relation to the functions attributed to the National Commission, without prejudice to those delegations that may be agreed. Its delegated powers include approval of the budgets of the National Gambling Commission and its annual report and its annual or multi-year action plans that defined its objectives and priorities, as well as functions of arbitration and the authority to issue instructions of a general nature to the game operators.

2. they will be members of the Council, the President of the Commission national game, that will also be the Council and six councillors.


3. at the meetings of the Board may attend, with voice but without vote, the managerial staff as well as non managerial staff that the President, in accordance with the general criteria to determine for that purpose the Council agreed.

4 corresponds to the Presidency of the Council on the exercise of the following functions: to), in general, to exercise the powers which the Presidents of the colleges administrative attributes the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

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

(c) establish criteria of distribution of affairs between advisers.

5. the Council shall be validly constituted with the assistance of the Chairman and three Directors. The assistance of advisers to meetings of the Council is mandatory, except in duly justified cases.

6. agreements shall be adopted by majority of votes of attendees. In case of tie will decide the vote of who Chair.

7. in case of vacancy, absence or illness of the President, will meet you with Advisor senior, with equal seniority, that of greater age.

8. the Council, on the proposal of the President, shall elect a Secretary not counselor, who will have voice but no vote, which shall advise the Council in law, inform about the legality of the matters submitted for its consideration, as well as the functions of the Secretariat of the colleges. The legal service of the National Gambling Commission will depend on the Secretary of the Council.

9. the Board shall adopt the rules of the inner workings of the National Gambling Commission, which will be regulated the performance of its bodies, the staff organization, the regime of transparency and booking information and, in particular, the functioning of the Council, including his regime's calls and sessions, and the internal procedure for the elevation of matters for consideration and adoption. The adoption of the regulation will require the vote of at least five of the members of the Council.

10. the Chairman and the directors shall be appointed by the Government, by Royal Decree, a proposal from the head of the Ministry of economy and finance, among persons of recognized standing and professional competence, upon timely appearance of persons nominated as President and Councillors before the relevant Committee of the Congress of Deputies, which will focus on the ability of the candidates. The attendance of the President, will also extend to your project's performance on the body and the regulated sector.

11. the mandate of the President and the directors shall be six years without the possibility of re-election as a member of the Council. The renewal of the directors will be partially to promote the stability and continuity of the Council.

Article 27. The President of the Commission national game.

Corresponds to the President of the National Commission of the game: to) legally and institutionally represent the National Gambling Commission.

(b) to ensure the adequate development of the actions of the Commission, in accordance with the legal system.

(c) maintaining good order and Government of the Organization of the Commission.

(d) to promote the Commission's action and the fulfilment of functions you have assigned. In particular, the preparation of annual or multiannual action plans in which define is its objectives and priorities.

(e) to exercise functions of direction and coordination in relation to the directors and the rest of the staff of the National Gambling Commission, in accordance with the powers conferred by its specific legislation.

(f) direct, coordinate, evaluate and monitor the various units of the Commission.

(g) realising the holder of the Ministry of economy and Finance of the vacancies that occur in the Board of the National Gambling Commission.

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

(i) direct recruitment by the Commission.

(j) make the accountability of the National Gambling Commission.

(k) how many functions delegated by the Council.

Article 28. Functions of the members of the Council.

1. the Chairman and the directors of the National Gambling Commission will exert its function with absolute dedication.

(2. without prejudice to their function as rapporteurs of the issues assigned to them by the President, pursuant to the provisions of point (c)) of paragraph 4 of article 26 of this law, counselors not may roles individually address specific areas of the National Gambling Commission, which will correspond to the managerial staff or Executive.

3. the Chairman and the directors of the National Gambling Commission are subject to the incompatibility of activities established regime for officials of the General Administration of the State in law 5/2006, of 10 April, regulation of the conflicts of interests of the members of the Government and the high charges of the General Administration of the State and its development provisions as well as the agreement of the Council of Ministers of 18 February 2005, which approves the code of corporate governance and the high charges of the General Administration of the State.

4. during the two years following its cessation, President and advisers not practise professional private any activity related to the gaming sector, both in companies and for companies in the sector. By virtue of this limitation, the President and the directors of the Commission national game, to cease in office by resignation, expiration of the term of his mandate or permanent disability for the exercise of their functions, they shall be entitled to perceive from the following month that its cessation occurs and for a period equal to that had served as , with a maximum limit of two years, a monthly compensation equal to the twelfth of eighty per cent of the total remuneration assigned to the respective position in the budget in force during the period indicated.

Article 29. Causes of termination of the exercise of office.

The President and the directors of the National Gambling Commission will cease in office: to) by renouncement.

(b) by the expiration of the term of his mandate.

(c) by sudden incompatibility.

(d) for having been convicted of intentional crime.

(e) permanent disability.

(f) by means of separation agreed by the Government for breach serious duties of his position or the breach of obligations on incompatibilities, conflicts of interest, and the duty of confidentiality. Separation will be agreed upon with independence of the penalties that may apply in your case and will be adopted at the initiative of the Government, prior examination of case, by the proprietor of the Ministry of economy and finance.

Article 30. Procurement regime.

Contracts that celebrate the National Gambling Commission shall comply with the provisions of law 30/2007 of 30 October, public sector contracts. Also, you can formalize conventions or concerts with any Spanish or foreign public or private entities, being subject in the latter case conditions that can be established the Ministry of economy and finance and may incorporate the effect of arbitration clauses cited conventions in order to the resolution of disputes that may arise.

Article 31. Regime personnel.

1. the staff of the National Gambling Commission will be official or work under the terms established for the General Administration of the State, in accordance with its Statute.

2. the personal officer is governed by provisions of law 7/2007, of 12 April, of the Basic Statute of the public employee and the other rules applicable to the staff official of the General Administration of the State. The workforce will be governed, in addition to by labour legislation and other rules conventionally, by the precepts of the law 7/2007, of 12 April, of the Basic Statute of the public employee who so you have.

3. the selection of the staff of the National Commission of the game will be made by public call, through procedures that ensure the principles of equality, merit and ability. The selection of managers will serve at the beginning of merit and ability and suitability criteria, and will take place through procedures that ensure publicity and concurrence.

4. the National Commission for the game will feature a list of jobs which shall include, where appropriate, positions that generals of the State must be carried out by race officials because they involve the exercise of the functions that involve direct or indirect participation in the exercise of public powers or the safeguarding of interests and of public administrations.

5. the provision of jobs will take place 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 the staff of the General Administration of the State.

6. the personnel serving on the National Gambling Commission will be subject to law 53/1984, of 26 December, incompatibilities of personnel at the service of the public administrations.

Article 32. Budgetary regime and control.


1. the national Gaming Commission shall annually draw up a preliminary draft budget with the structure indicated by the Ministry of economy and finance and forward it to this for his elevation to the agreement of the Government and subsequent referral to the Cortes Generales, integrated into the General State budget. Variations in the budget shall be authorized by the holder of the Ministry of economy and finance, when their amount does not exceed a five per cent of it, and by the Government, in other cases.

2. the regime of its economic and financial control will be adjusted to the provisions contained in the Law 47/2003, of 26 November, General budget for this type of entities.

Article 33. Economic and financial regime and resources of the National Gambling Commission.

1 the National Commission of the game will have, for the fulfilment of its purposes, the following resources: a) assignments that are established annually out of the State budget.

(b) the property rights that constitute its heritage, as well as products and incomes from the same.

(c) the income obtained by the settlement of the fees provided for in this law.

(d) any other that may legally be attributed.

2. the heritage of the National Gambling Commission will be subject to provisions in the law 33/2003, 3 November, the heritage of the public administrations.

Chapter III the Council of policies of the game article 34. The Council of gaming policies.

1. the Council of policies of the game will be organ involvement and coordination of the autonomous communities and the State of play.

2. the Statute of the National Gambling Commission will establish other procedures through which materialize the participation and communication with the autonomous communities through the issuance of reports or proposals that the Council of gaming policies may be appropriate for a better coordination in the exercise of State and regional competitions.

3. the policies of the game board will be integrated by counsellors who play responsibilities in terms of game of all communities and autonomous cities and by a joint number of representatives from the General Administration of the State. The Presidency of the Council will be up to the holder of the Ministry of economy and finance and the Permanent Secretary to the Ministry of economy and finance. Both the President and the other members of the policy Council of the game may delegate their functions, support and vote.

4. the policies of the game Council shall draw up rules of operation that will determine the regime calls and approval of agreements of the same. This regulation for functioning of the Council of gaming policies shall be approved by an absolute majority of its members.

5. in particular, the autonomous communities and the State, through the Council of gaming policies, promote activities relevant, 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 on advertising, sponsorship and promotion applies to any form of game, kind of game and operator throughout the national territory.

Article 35. Competencies.

The policy Council of the game means of following materials: to) Regulations of the different games.

(b) development of the basic regulation of the games and the General bases of the sporadic games.

(c) criteria for the granting of licences.

(d) definition of the requirements of the technical systems of play and its approval.

(e) principles for the recognition of certifications and approvals of licenses issued by the bodies of the autonomous communities competent in the field of play.

(f) coordination of legislation on measures of protection for children and dependent persons.

(g) study of measures to propose to the State and the autonomous communities that will allow progress in the Equalization of the legal regime applicable, including the field of tax, the game carried out through electronic, computer, telematic and interactive channels and face-to-face play, as well as the activities of advertising and sponsorship of such activities, promoting visits to associations representing the sector.

(h) in general, every aspect of the activities of game that, given their nature, require a coordinated action of the State and the autonomous communities.

Title VI penalties article 36. Competition.

1. the National Commission of the game and, in the cases referred to in that article 42.3 of this law, the holder of the Ministry of economy and finance, they shall exercise the powers to impose penalties with regard to the administrative offences committed in terms of game object of this law.

2 in the event of the infringement is carried out by an institution subject to the surveillance or inspection of a regulatory body other than the National Gambling Commission or when by reason of the matter proves competent another administrative body, the National Gambling Commission, for the purposes of the appropriate sanctioning procedure, it will transfer to that one of the acts allegedly constituting infringement. In any case, the National Gambling Commission shall be competent to sanction by the Commission of the offences provided for in the letter e) article 40 of this law.

3. in particular, the service providers of audiovisual communication, electronic communications and the information society, will be responsible for Administration of the promotion, sponsorship and advertising of the games concerning this law when implementers do not have enabling title, or when they are disseminated without permission to advertise them or outside of the limits specified in the same or breach of regulations in this matter. The competence to Institute the proceedings and punish audiovisual communications service providers corresponds to the State Council of audiovisual media, to be applied in these cases the penalties laid down in the law 7/2010 of 31 March General Audiovisual Communication, with the exception provided for in the preceding paragraph, with regard to infringements 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-to-face media in the territory of an autonomous community, shall be competent to exercise the sanctioning the relevant regional body.

Article 37. Infractions.

1 are administrative acts or omissions classified under this law and which can be specified in the regulations that develop it.

2. Administrative infringements in this area are classified as very serious, major and minor.

Article 38. Offenders subjects.

1 are offenders subject natural or legal persons performing actions or omissions classified as violations of this Act, give them support, advertise, promote, or to obtain benefit of them.

2. are also considered subjects offenders and organizers of game for the purposes of this article, requiring identical responsibility, natural or legal persons who obtain a relevant benefit directly linked to the development of the game as a result of the acts or omissions referred to in the preceding paragraph.

Article 39. Very serious offences.

They are very serious breaches: to) Organization, celebration or exploitation of the activities included in the scope of application of this law to lack the corresponding enabling title.

(b) carry out, promote, permit or consent, express or implied, the Organization, celebration or exploitation of activities subject to this law in media or through unauthorized distribution channels and, in particular, through the use of software, communication systems, materials, or equipment not approved or not approved.

(c) the transfer of the enabling title, as well as its transmission in the cases referred to in article 9.3 of this law, without the prior authorisation of the National Gambling Commission.

(d) obtaining the corresponding authorizations or licenses by providing documents or false and uncertain data.

(e) repeated and unjustified default on awards that fishing to the participants of the games.

(f) the alteration or manipulation of the previously approved technical systems or anything else relating to the obtaining of prizes to the detriment of the participants.

(g) carrying out activities of game reserve established in article 4 of this law in breach.

(h) the Commission of two serious breaches in the term of two years, with definitive sanction administrative.

((i) the development and commercialization over Internet of gaming activities in the field of application of this law, which are not made under specific web site ". is ' referred to in article 10.4. d) of this Act.

((j) breach of the obligation to redirect referred to in article 10.4. e) of this Act.

Article 40. Grave breaches.

They are serious breaches: to) non-compliance with the requirements and conditions established in the enabling title and, in particular, the duties of control to ensure the safety of the games.


(b) access to the activity of game people that have it prohibited, in accordance with article 6 of this law, provided that the operating entity knows or should know the concurrence of such bans.

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

d) carry out the promotion, sponsorship and advertising of the games object of this Act, or actions of intermediation, when person performing it without enabling title or are disseminated with violation of the conditions and limits laid down in the same or breach of regulations in this matter, which is the means used for this purpose.

(e) failure to comply with the requirements of information or cessation of provision of services by the National Gambling Commission aimed at service providers of payment, audiovisual communication service providers, providers of services of the society of information and electronic communications and social media.

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

(g) the repeated refusal of the operators or organizers to provide the information which is required by the National Gambling Commission.

(h) the repeated refusal to deal with complaints or complaints formulated by the participants or the National Gambling Commission.

(i) the breach of obligations of communication of those modifications in the composition, seat, capital and ownership of the shares or participations of trusted legal persons, within the period of three months since they had been.

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

(k) the use of technical systems not approved or not approved.

(l) the manufacture, marketing, maintenance or distribution of materials for the game property of the operators that develop activities of game subject of reservation on article 4 of this law without proper authorization.

(m) non-payment of the awards that fishing participants in the games.

(n) the Commission of two minor offences in within two years, with definitive sanction in administrative proceedings.

Article 41. Minor offences.

They constitute minor offences: to) participation in gaming activities, in violation of the prohibitions laid down in article 6(2), c's), d), e), f), g) and h), of this law.

(b) breaches of the obligations contained in this Act, when they are not explicitly classified as serious or very serious offences.

(c) not to cooperate with the inspectors or agents of the authority in relation to the development of the game or activities related to verification of the raffle or event whereby awards are obtained.

(d) failing to inform properly ban public participate to minors and persons in the General Register of bans access to the game.

(e) failing to inform the public about the contents of the game operator enabling title.

Article 42. Administrative sanctions.

1 qualified as minor infractions will be sanctioned by the National Gambling Commission with: a) warning in writing.

(b) a fine of up to 100,000 euros.

2 qualified as serious offences shall be punished by the National Gambling Commission with the following penalties: to) fine of one hundred thousand to one million euros.

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

3. qualified as very serious infringements will be penalized by the holder of the Ministry of economy and finance, on the proposal of the National Gambling Commission, a fine of one million to fifty million euros. In addition to the fine, it may impose the title loss enabling, disabling to carry out the activities provided for in article 1 of this law, for a maximum period of four years or the closing of the means by which provision of information society services that support gaming activities.

4. the National Commission for the game in those cases in which the offender lacked enabling title or this has been revoked, may agree in addition the confiscation and destruction of anything relating to the development of the activity.

5. the amount of the sanctions will graduate according to the nature of the personal rights affected, the volume of made transactions, to the benefits obtained, the degree of intentionality, recidivism, to damages caused to interested persons and third parties, and any other circumstances that are relevant to determine the degree of provisions and present in the specific infringing act guilty.

6. If because of the attendant circumstances, to appreciate a qualified reduction of the guilt of the accused or of the provisions of the fact, the sanctioning body will establish the amount of the sanction by applying the scale relative to the class of offences immediately preceding in severity to that considered is integrated into where it is.

Article 43. Prescription.

1 very serious offences shall be extinguished after four years, the major two years later and the minor per year.

Sanctions imposed for very serious misconduct shall be extinguished after four years, those imposed for serious misconduct after two years, and those imposed for minor misconduct a year.

2. the period of limitation for offences will start counting from the day on which the infringement has been committed. In cases of continuous infringement, it will be calculated from the day the last violation was made. This period shall be interrupted by initiation, with knowledge of the data subject, the sanctioning procedure, resuming the limitation period if the disciplinary record was paralyzed for more than three months for reasons not imputable the suspect.

3. the period of limitation of the sanctions will be calculated from the day following that which is firm resolution by which the sanction is imposed. It will be interrupted the prescription of sanctions by the initiation of the procedure of execution, with knowledge of the person concerned, returning to spend that period if he is paralyzed for more than three months for reasons not imputable to the offender.

Article 44. Sanctioning procedure.

1. the procedure will begin appointed by agreement of the National Gambling Commission, on its own initiative, by motivated act of inspection, at the reasoned request of other organs or by complaint.

2. the disciplinary procedure, which will be resolved within the period of six months from the date of the start agreement, will be adjusted as provided in this Act and its regulatory development, being the provisions of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure of application , and the Royal Decree 1398 / 1993, of 4 August, which approves the regulation for the exercise of the authority sanctioning power in the General Administration of the State.

Article 45. Resources regime.

Resolutions issued by the National Commission of the game in the disciplinary proceedings will put end to the administrative procedure, and can be optionally appealed in reinstatement in accordance with the provisions of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure or contest directly before the administrative courts in accordance with the law governing that jurisdiction.

Article 46. Precautionary measures.

1 during the conduct of the proceedings or in the own home, the National Gambling Commission agreement may agree to any or some of the following provisional measures: to) Temporary Suspension of the activity subject to the corresponding enabling title.

(b) confiscation or precinct, in your case, if any, of any property or documentation relating to the development of the activity subject to the corresponding enabling title.

2. by agreement motivated the National Gambling Commission may, prior to the initiation of the disciplinary procedure, taking one of the provisional measures indicated in the preceding paragraph, in accordance with the provisions of articles 72.2 and 136 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure and which are necessary to ensure the effectiveness of the resolution that might be the good end of the procedure or the demands of the general interest and, in general, others that might be declared in other orders.

3. the officials of the inspection and control of the National Gambling Commission, at the time of the corresponding record, duly commissioned and authorized, may take the measures precautionary to that referred to in the previous paragraph, as well as proceed with seal and deposit of any of the items, equipment, goods and documentation relating to the activity under this law. This measure precautionary measures must be confirmed or raised by the body who responsible for the opening of the record penalties, terms, time limits and effects provided for in the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

Article 47. Measures concerning the providers of intermediation services.


1. the national Gaming Commission in the exercise of the powers provided for in this law prevents the exercise of illegal gaming activities conducted by gaming operators through service providers of the information society.

2. the national Gaming Commission may adopt measures interim or final so that illegal gambling activities to be interrupted by gaming operators by means of services of the society of information, or to remove the contents constitute game activities without the corresponding enabling title.

3. If the implementation of a resolution that adopted the disruption of illegal gaming activities conducted by gaming operators by means of services of the information society or the removal of certain content or promotion of activities related to the activity of the illegal game required the collaboration of providers of intermediation services, the National Gambling Commission may order providers mentioned that they suspend the service or withdraw the contents in the terms provided for in articles 8, 11 and concordant of law 34/2002, of 11 July, of services of the information society and electronic commerce.

4. the measures referred to in this article shall be objective, proportionate and non-discriminatory and shall be taken in a way precautionary or in execution of the sanction resolutions that apply.

Title VII tax article 48 regime. Tax on gaming activities.

1. taxable.

Constitute taxable authorization, celebration or organization of the games, raffles, competitions, betting and State-level activities, regulated in paragraph 1 of article 2, as well as the random combinations purposes advertising or promotional, also, State level, despite the exclusion of the game concept, regulated in the letter c) of paragraph 2 of the same article without prejudice to statutory regimes of concert and economic agreement existing in the historical territories of the Basque country and Navarre, respectively and provisions in treaties or international conventions which have passed part of domestic.

2. alleged of not fixing.

Lottery games from State level, regardless of the operator, public or private, that organize them or holding shall not be subject to tax.

In any case, any other games other than lottery which are organized or held by the operators referred to in the previous paragraph will be subject to tax.

3. accruals.

The accrual of the tax occurs with the authorization, celebration or organization. In the case of authorizations, celebrations or organizations that extend to temporary periods, the chargeable event occurs the first day of each calendar year, except for the year in which authorization, that the accrual will occur on the date of your authorization is obtained.

4. taxable persons by way of taxpayers.

They will be taxable persons by way of taxpayers, physical, legal persons or entities referred to in paragraph 4 of article 35 of the law 58/2003, of December 17, General tax who operate, organize or develop the activities taxed by this tax.

5. responsible.

They will be responsible for solidarity of the payment of the tax, as a general rule, who offered, by any means, gaming activities to persons with 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 action the game operator, provided that they had not found that operators held or organized such activities of game with the necessary enabling titles. Will also be responsible for solidarity, if they do not find the existence of the above qualifying titles, owners or entrepreneurs of infrastructures and providers of the information society when they should reasonably presume that these infrastructures or services are used or are used specifically for game activities regulated by this law.

To avoid incurring the liability regulated in this section, any person or entity may see through the web page of the National Gambling Commission the information necessary to determine if an activity has the necessary qualifying titles for its development, as foreseen in article 7 of this law and other applicable regulations.

6. taxable base.

The tax base may be constituted, according to each type of play, by: a) gross income, defined as the total of the amounts that are dedicated to the participation in the game, as well as any other income that you can get, directly derived from your organization or celebration.

(b) net income, defined as the total of the amounts that are dedicated to the participation in the game, as well as any other income to be derived, derived directly from your organization or celebration, deducted the awards paid by the operator to the participants. Case cross bets or games in which taxable persons do not obtain played amounts as income, but that simply made his transfer to players who had won them, the tax base will integrate commissions, as well as any amounts for services related to gambling activities, anyone who is its name paid by players to the taxable person.

Random combinations for advertising or promotional purposes, the tax base will be the total amount of the market value of the offered prizes or benefits granted to the participants.

Where the amount is satisfied through instruments of premium, shall be considered that the amount spent on the participation in the game is the amount of additional pricing, excluded the indirect tax. Additional pricing is the amount of the amount spent on the participation in the game, excluding the cost of the call is determined according to the market value, when obtained by application as provided for in article 16 of the text revised from the law of the tax, approved by the Royal Legislative Decree 4/2004, of 5 March , without that are considered indirect taxes that operations be borne to these effects.

7. type of lien.

The applicable rates shall be: 1 mutual sports betting: 22 per cent on the tax base of the letter to) of paragraph 6 of this article.

(2nd counterpart sportsbook: 25 per cent on the tax base of the letter b) of paragraph 6 of this article.

(3rd cross sports betting: 25 per cent on the tax base of the letter b) of paragraph 6 of this article.

(4th totalizator betting Betting: 15 per cent on the tax base of the letter to) of paragraph 6 of this article.

(5th horse betting of counterpart: 25 per cent on the tax base of the letter b) of paragraph 6 of this article.

(6 other mutual bets: 15 per cent on the tax base of the letter to) of paragraph 6 of this article.

(7th other bets of counterpart: 25 per cent on the tax base of the letter b) of paragraph 6 of this article.

(8 other cross betting: 25 per cent on the tax base of the letter b) of paragraph 6 of this article.

(9th Raffles: 20 per cent on the tax base of the letter to) of paragraph 6 of this article. Those declared of public or charitable interest will be taxed at 7 percent of the same tax base.

(10 competitions: 20 per cent on the tax base of the letter to) of paragraph 6 of this article.

(11. º other games: 25 per cent on the tax base of the letter b) of paragraph 6 of this article.

12 random combinations for advertising or promotional purposes: 10 percent on taxable income determined for the same in paragraph 6 of this article.

The autonomous communities, with respect to activities that are exercised by operators, organizers or those who develop the activity taxed by this tax with tax residence in its territory, may raise tax rates, up to a maximum of 20 per cent of the rates laid down in this paragraph, increase that will apply, exclusively, on the proportionate share of the taxable base corresponding to the participation in the game of resident tax in the territory of the autonomous community Let it raise rates.

8. settlement.

In the event of authorization, celebration or organization that reach to temporary periods, the required tax must make the Declaration and self-assessment tax. In particular, in the case of annual or multiannual activities, you must make the Declaration and self-assessment tax on a quarterly basis in the period of the month following the end of each quarter.

In another case, the tax will be object of administrative liquidation. However, in cases of accrual with the celebration or organization of the activity concerned, the taxpayer must inform the Administration willingness to end the practice of a provisional liquidation on the basis of the estimated revenue subject to obtaining and which will have the character of a has the definitive settlement that you practice once credited the final amount of income earned in the period of twenty days from the completion of the activity. This obligation will also be payable when the final liquidation in the event of authorization is not possible.


The head of the Ministry of economy and Finance shall determine, by regulation, place, form, deadlines and forms for the autoliquidación and the payment of the tax debt as well as the assumptions that must be telematics.

9. Management.

Management, fundraising, settlement and tax inspection shall correspond to the State tax administration agency, without prejudice to the provisions of the statutes of autonomy of the autonomous communities and laws on assignment of taxes which, in its case, approval.

10. modification in the law of budgets.

The law of budgets may modify the tax base and the tax assessment rates.

11. distribution of revenue.

The revenues obtained by the assessment, corresponding to revenues from the game of the residents in each community, the activities that have been made by electronic, computer or telematic, systems regulated in article 3.h) of this law shall be circulated to the autonomous communities, in proportion to the quantities played by the residents of each autonomous community.

It will be only the State proceeds by assessment on deportivo-beneficas totalizator betting and horse racing totalizator betting State, even if they are made by electronic, computer or telematic means.

The revenues obtained by the deportivo-beneficas stakes in the case referred to in paragraph 7.1 of this article, is affected with the obligations established in paragraphs b), c) and (d)) of article 1 of the Royal Decree 419/1991, of March 27, which regulates the distribution of revenue and the sports betting of State Awards applying to the income of the State budget. For this purpose, sports totalizator betting that lotteries were traded by the public enterprise and Apuestas del Estado shall be regarded as deportivo-beneficas totalizator betting until the effective Constitution of the State society of the same name.

In the budget of expenditure of the State and the Superior Council of sports the corresponding appropriations shall be entered to meet payment obligations referred to in the preceding paragraph and the obligations referred to in the sixth additional provision of this law.

The attribution of income to each autonomous community is determined by the residence of the players within its territorial scope, corresponding, exclusively, the increase in revenue derived from the application to such residents as provided in the last paragraph of paragraph 7 of this article.

The amount of the levy will be made quarterly available of the autonomous communities through Treasury operations, in which the proceedings shall be determined by regulation.

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

1. normative sources.

The fee for the administrative management of the game shall be governed by this law and other normative sources established by law 8/1989, of 13 April, rates and prices public.

2. taxable.

It is the tax rate: a) the issuance of registration certificates.

(b) the issuance of the gaming systems conformity assessment of technical opinions.

(c) the entries in the Register General of licensing of game established in this law.

(d) the request of licenses and authorizations.

(e) actions inspectors monitoring established coming, mandatory, in this law or in other legal provisions.

(f) actions regulatory carried out by the National Gambling Commission on the activities of game developed by operators authorized and subject to the supervision of this entity, intended to cover the costs generated by the aforementioned Commission.

3. taxable persons.

The rate payers will be: in the case of the letter f) of the preceding paragraph, operators, organizers and those who celebrate gaming activities, in the terms provided for in this law.

In the remaining cases of the previous paragraph, depending on the case, the person requesting the corresponding registry certification, technical opinion of evaluation, registration in the registration and processing of licences or authorizations, as well as who is the subject of review proceedings or technical verification.

4 accrual.

Rate accrued: in the case of the letter f) of paragraph 2 of this article, on December 31 each year. However, if for reasons imputable to the taxable person this lost the qualification to act as operator earlier, the rate is accrued on the day such circumstance occurs.

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

5 amounts.

The amounts of the fee shall be, for each planned course in the different letters of the paragraph 2 of this article,: a) 20 euros.

(b) 38,000 euros.

(c) 2,500 euros.

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

(e) 5,000 euros.

(f) 1 per thousand of gross operating revenues.

(The amounts laid down in the case of the letters b) and e) will be minimal.

Regulatory standard you may specify the amounts payable according to the number of hours and staff required for the provision of the service or activity.

In relation with the letter f) above, refers to gross operating income of the operator, the total amount of the sums dedicated to the participation in the game; in the case of betting crossed the amount won by the players involved.

General State budget law may establish, in his case each year, the percentage to be applied on revenues of exploitation that get the operator, taking into consideration the relationship between the income from the payment of rates and expenditures caused by the operation of the National Gambling Commission.

They shall aim get the balance between the income rate and fees derived from the aforementioned activity carried out by the regulator.

However, be reduced the percentage in the General State budget Act to the limit of the 0.75 per thousand of the gross income, surplus between revenues and expenses, if any, will enter by the National Gambling Commission in the public Treasury, in the terms and conditions established by regulation, taking into account its financing needs.

6. modification in the law of budgets.

The amounts set out in paragraph 5 may be modified in the General State budget Act for each year.

7 liquidation and payment.

The rate will be assessed by the procedure approved in regulatory standard issued by the Ministry of economy and finance.

8 involvement.

Rate performance will enter in bank accounts enabled to do so by the National Gambling Commission or, where appropriate, in the public Treasury, in the form determined by law.

First additional provision. The activity of the lottery game reserve.

One. The society state lotteries and betting of the State and the national organization of blind Spaniards (ONCE) are the operators designated for the marketing of lottery games regulated by this law.

Two. The authorizations under which the eleven and the State society Loterías y Apuestas del Estado develop gaming activities in the form of lottery shall be entered in a special section of the General registry of game licenses for the purpose of mere advertising.

3. Exceptionally, the head of the Ministry of economy and finance may authorize the management and marketing of lottery games, provided that they are developed by organizations non profit charitable purposes, are sporadic in nature and, in order to ensure safety in the processes and collaboration with the State, prove that they comply with the requirements which, in his case, according to the rules established.

Four. The games managed by the State's society of Loterías y Apuestas del Estado and ONCE sold tickets, tickets or any other form of participation whose support can be material, computer, online, telephone or interactive, directly or through any establishment of its external sales network.

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

5. The opening of establishments accessible to the public by the State society of Loterías y Apuestas del Estado and the ONCE intended for the marketing of the games that manage these entities until the entry into force of this law and subject to the system of reserve games, do not require authorization of the autonomous communities.

Second additional provision. Specific legal regime applicable to the eleven in the field of play.

One. The legal regime of the ONCE in the game field is determined by the provisions of this law that specifically may apply as a operator designated to carry out activities of lottery subject to reservation, with the specific features that are contained in this provision.


Two. ONCE, by the uniqueness of its nature of Corporation of public law and social character, and as subject to strict public control renowned gaming operator, will continue to be governed, for games and modalities authorized at all times and framed in the activity of the lottery game reserve, by the twenty additional provision of law 46/1985 of 27 December, General State budget for 1986, developed by the General Agreement between the Government of the nation and ONCE, as well as by Royal Decree 358/1991, of March 15, realignment of the ONCE; by its existing statutes; by this provision; by the Royal Decree 1336 / 2005 of 11 November and other specific regulations applicable to that organization or that it could adopt to effect.

The titles that the eleven is authorised to carry out play activities-not transferable to third parties.

3. In order to preserve the strict public control of the activity of the eleven game, the powers that this Act attributed to the National Gambling Commission and the owner of the Ministry of economy and finance in relation to activities subject to reservation, shall be exercised in relation to the eleven by the Council of the protectorate, with the exception of the competences that correspond to the Council of Ministers.

Third additional provision. Financial allocation to the eleven and certain sports betting of State.

One. The Ministry of economy and finance will assume the obligations of payment financial allocations in favour of the eleven, that may arise from the provision of additional tenth eighth of law 47/2003, of 26 November, General budget.

Two. The Ministry of economy and Finance shall assume the obligations of Royal Decree 419/1991 of March 27, which regulates the distribution of revenue and the sports betting of State Awards. By order of the Ministry of economy and finance, report of the Higher Council for sports, the beneficiary entities of these allocations and financial allocation percentages will be established.

Fourth additional provision. Participation of the autonomous communities in the adoption of new modes of play.

The approval of the ministerial orders laying down new modes of play, or the modification of existing ones, requires deliberation and prior pronouncement of bilateral bodies autonomico-estatales in cases if it is thus intended by their respective statutes of autonomy.

Fifth additional provision. Autonomous cities of Ceuta and Melilla.

References that are made to the autonomous communities in this law shall include, where appropriate, to the autonomous cities of Ceuta and Melilla, in relation to powers having attributed in terms of game.

Sixth additional provision. Regime of participation in the collection of sports betting.

By law, shall be fixed percentage or its equivalent, applicable to the revenue obtained from sports betting to determine the amount that will be return to sport and sports competitions organised in Spain, without prejudice to the provisions in paragraph two of the third additional provision. The Act also established the regime of participation and distribution as applicable by the obligations to provide data and official results of competitions and guarantee of integrity in the development of the same.

First transitional provision. Exercise of administrative powers before the start of activities of the National Gambling Commission.

To the effective Constitution of the National Gambling Commission, the powers laid down for it, shall be exercised by the direction General of management of the game from the Ministry of economy and finance, including those related to the Administration and collection of the fees referred to in article 49 of this law.

Performance rates referred to in the previous paragraph you will enter in the public Treasury with application to the revenue of State budget, leaving affected the financing of expenditures of the aforementioned Directorate General.

The register of prohibited until now dependent on the Ministry of the Interior in accordance with the Ministerial order of 9 January 1979, will be managed by the General direction of game management to its integration in the General Register of bans the game access and registration of persons linked to gambling operators.

Second transitional provision. Titles enabling the State's society of Loterías y Apuestas del Estado.

The State's society of Loterías y Apuestas del Estado can continue trading modalities and games that had been doing until the entry into force of this law, in accordance with the regulations, permits and the regime of exploitation of face-to-face retailers were applied until the entry into force of this Act.

Within the period of one year, the National Gambling Commission will transform the qualifications which is awarded to the company State Loterías y Apuestas del Estado in relation to sports and horse betting in a general betting license, as well as unique licenses necessary for the exploitation thereof, in the same terms and with identical scope to allotments that governed until the date of entry into force of this law.

The State's society of Loterías y Apuestas del Estado no product unique licenses other than the referred in the previous paragraph until not been granted to other operators corresponding play General licenses.

Third transitional provision. Rules of the games.

Applicable to various games Regulation shall remain in force until it is modified by the competent bodies.

Fourth transitional provision. Transitional arrangements for points of sale and business delegations of the State society of Loterías y Apuestas del Estado.

To the points of sale of the commercial network of the State Lottery company and Apuestas del Estado and their commercial delegations, under the thirty fourth additional provision of law 26/2009, of 26 December, the State budget for the year 2010, have not welcomed the regime of private law within the period fixed in the second paragraph of this provision It will be implementing the corresponding administrative regulations until the expiry of the same because the cases referred to in this provision.

Fifth transitional provision. First term of office of the directors of the National Gambling Commission.

The provisions of article 26 of this law, the first term of office of three of the members of the Council of the National Gambling Commission will last three years.

In the first session of the Council of the National Commission of the game shall be determined by drawing of lots, or voluntarily, which three councillors will cease after within three years since his appointment.

Sixth transitional provision. Transitional arrangements for the transfer of the tax.

1. the provisions of this rule involving territorialization of the performance and management or regulatory powers of the autonomous communities in this state tax only apply when agreements occur in institutional frameworks of cooperation in regional funding set out in our legal system and the necessary regulatory changes to its configuration and full implementation as a tribute given.

2 as long as there are no modifications of the system of financing referred to in the preceding paragraph, State will be sent to the autonomous communities, previous agreements in the competent institutional frameworks, the amount agreed with the autonomous communities, as established in paragraph 11 of article 48 of this law, unless obtained by application of the provisions of article 21 of law 22/2009 , December 18, concerning the review of the adequacy of global fund.

Compliance with stated in the previous paragraph are implemented by the same procedure as indicated in paragraph 11 of article 48 of this law.

Seventh transitional provision. Validations and approvals of the autonomous communities.

Approvals and certifications validated by the competent bodies of the autonomous communities for the grant of titles enabling autonomous prior to the entry into force of this Act shall have effect in the procedures for the granting of titles enabling regulated in this law in the terms set out in the calls for the licensing or when thus established it the National Gambling Commission.

Eighth transitory provision. Transitional regime of the sanctions regime.

Title VI, penalties, of this law shall enter into force on the date of publication of the resolution of the first procedure for the granting of licences to which refers article 10 of this law, or January 1, 2012, if this resolution had not published prior to that date.

Ninth transitional provision. Transitional regime of the sports sponsorship on the game.

Sports sponsorships of operators of contracts for advertising and promotion of the game that had been agreed firm prior to January 1, 2011, and games can continue deploying its effects in the contractual terms agreed upon, until the publication of the resolution of the first procedure for the award of licences referred to in article 10 of this law or until January 1, 2012 If this resolution had not been published prior to that date.

Repealing provision.


1. all provisions that are opposed to the provisions in this law and many provisions of equal or lower rank contradict provisions of the same are hereby repealed.

2. be expressly repealed: 1. Royal Decree of February 28, 1924 (Presidency of the directory military Gazette of February 29).

2. Act of 16 July 1949, laying down the rules for the holding of raffles.

3 Decree on March 23, 1956, approves the General instruction of lotteries.

4 order of March 22, 1960, which regulates provisional procedure that has set the request for authorization to hold raffles and tombolas.

5. Decree 54/1964, of 16 January. It organizes the National Lottery service.

6. order of November 4, 1965. New rules for the payment of the National Lottery Awards.

7. the fifth point 3 of article 3 of the Royal Decree-Law 16/1977, of 25 February, which regulates the criminal aspects, administrative and prosecutors of the games of luck, gambling or gambling and betting.

8 additional provisions eighteenth and nineteenth of law 46/1985, of 27 of December, of the General State budget for 1986, with effect from the date of entry into force of title VI of this law.

9. Royal Decree 1082 / 1985, of 11 June, which establishes classification, provision, operation, transfer and deletion of the administrations of lotteries.

10. Royal Decree 2695 / 1986, of 19 December, which establishes the composition of the governing body of sports betting of the national organism of Loterías y Apuestas del Estado.

11. law 34/1987, sanctioning power authority of the public administration in the field of games of luck, gambling or gaming. However, the autonomous cities of Ceuta and Melilla shall apply this law until the adoption, within their area of competence, of the legislation relevant to this matter.

12. Royal Decree 1511 / 1992 of December 11, which regulates certain administrative and economic aspects of the national agency of Loterías y Apuestas del Estado.

13. the Royal Decree 2069 / 1999 of 30 December, which approves the Statute of the public business entity Loterías y Apuestas del Estado.

14 additional provision twenty Law 24/2001, of 27 December, measures fiscal, administrative and Social order.

15. Article 88 of the law 53/2002, of 30 December, measures fiscal, administrative and Social order, which establishes the penalties for holders of the outlets of the commercial network of Loterías y Apuestas del Estado.

16. order HAC/430/2004, of 19 February, about creation of branches of the basic network of Loterías y Apuestas del Estado.

17. Royal Decree 176/2005, of 18 February, which regulates the Board for the provision of national lottery administration.

First final provision. Skill-related title.

This law is issued in the exercise of the exclusive powers of the State provided for in the rules, 6th, 11th, 13th, 14th and 21st of paragraph 1 of article 149 of the Spanish Constitution.

Second final provision. Faculty of development.

The Government of the nation shall adopt the Statute of the national game Commission within the period of six months from the entry into force of this law.

The Government of the nation is authorized to adopt, on a proposal from the owner of the Ministry of economy and finance, in the period of one year from the entry into force of this law, many provisions are necessary for the development and implementation of provisions of the same.

Third final provision. Extinction of certain public bodies.

The following agencies are extinct: the Board of Trustees for the provision of administrations of national lottery, the governing body of sports betting, both attached to the Ministry of economy and finance, and the National Gambling Commission, currently attached to the Ministry of the Interior.

Fourth final provision. Update of the amount of the sanctions.

The updating of the amounts relating to the fines provided for in article 42 of this law, may be held by Royal Decree, on a proposal from the Ministry of economy and finance.

Fifth final provision. Modification of the rates on the game.

1 paragraph 1 of article 3 of the Royal Decree-Law 16/1977, of 25 February, which regulates the criminal, administrative and fiscal aspects of the games of luck, gambling or gaming, shall be worded as follows: «1 constitutes taxable authorization, celebration or games of luck, gambling or gaming organization, except that they were subject to the tax on gambling activities» Law 11/2011, of regulation of the game."

2. Article 36 of Decree 3059/1966, 1 December, which approves the revised text of tax rates, shall be worded as follows: «article 36. Made taxable.

These rates shall be exacted by the authorization, celebration or organization raffles, tombolas, betting and random combinations, unless they were subject to the tax on gambling activities, established by law 11/2011 control of the game.

Its levied by the State when the territorial scope of participation is State.»

Sixth final provision. Modification of the additional provision ten of law 6/1997, of 14 April, of organization and functioning of the General Administration of the State.

Amending paragraph 1 of the additional provision ten of law 6/1997, of 14 April, organization and functioning of the General Administration of the State, which shall be drafted in the following terms: «1. La Commission national of the securities, the Council for Nuclear safety, the RTVE public body, the universities not transferred, the Agencia de Protección de Datos» the Spanish Institute of foreign trade (ICEX), the consortium of the Zec, the National Committee on energy, the Commission for the telecommunications market, the national competition Commission, the National Commission of the Postal Sector, the State Council of audiovisual media and the National Gambling Commission, shall be governed by legislation specific and supplementary by this law.

The Government and the General Administration of the State shall exercise with respect to such organisms faculties that the legislation of each one of them assigned to them, where appropriate, with strict respect for their corresponding areas of autonomy.»

Seventh final disposition. The value added tax and General indirect Canary tax exemptions.

1. amending article 20.Uno.19.º of the law 37/1992 of 28 December, value added tax, which will be drafted in the following way: «19th lotteries, betting and games organized by the State society lotteries and Apuestas del Estado and the national organization of blind and the bodies of the autonomous communities, as well as the activities which constitute the taxable tributes on the game and random combinations.

The exemption does not extend to management services and other operations of accessory or complementary nature of those included in the previous paragraph which does not constitute taxable of tributes on the game, with the exception of the management of bingo services.»

2 modifies the 10.º1.19 article) of law 20/1991 of June 7, modification of the fiscal aspects of the regime economic Fiscal de Canarias, which shall be drafted in the following way: «19) lotteries, betting and games organized by the State society of Loterías y Apuestas del Estado and the national organization of blind and, in his case» by the relevant bodies of the autonomous community of the Canary Islands, as well as the activities which constitute the taxable taxes on the game and random combinations.

The exemption does not extend to management services and other operations of accessory or complementary nature of those included in the previous paragraph which does not constitute taxable of tributes on the game, with the exception of the management of bingo services.»

Disposal the eighth. Modification of the law 2/2011, March 4, sustainable economy.

One. Amending paragraph 1 of article 8 of the law 2/2011, 4 March, sustainable economy, being drafted in the following way: "1. for the purposes of the provisions of this chapter, have the consideration of regulatory body the current National Commission of energy, of the telecommunications market Commission, National Commission of the Postal Sector and National Commission of the game."

Two. Amending paragraph 3 of article 9 of the law 2/2011, 4 March, sustainable economy, being drafted in the following way: «3. for the purposes of this law, the National Energy Commission and the Commission for the telecommunications market will relate to the owner of the Ministry of industry, tourism and trade; " the National Commission of the Postal Sector will relate with the owner of the Ministry of public works; and the National Gambling Commission shall deal with the head of the Ministry of economy and finance.

Ninth final disposition. Maintenance of the system of taxation applicable in the tax on physical persons income already exempt awards in such a tax at the time of the entry into force of this law.

Add a third additional provision thirty to the law 35/2006 of 28 November, personal income tax and partial modification of the tax laws on societies, on the income of non-residents and heritage, which is worded in the following way:


«Thirty-third additional provision. Maintenance of the fiscal rules applicable prior to the adoption of the law on regulation of the game.

In relation to the awards obtained in different lotteries, the exemption provided for in article 7 n games) of this Act only will apply with respect to the games that were already were traded by the entities provided for in that article and the final third provision of the Royal Decree-Law 1/2011 on February 11, at the time of the entry into force of the law 11/2011 «, of regulation of the game, and those exempted pursuant to the regulation of this current tax at this time.»

Tenth final disposition. Regime applicable to systems of concert and Convention.

1. by virtue of its statutory regime, application to the autonomous community of the Basque country from the provisions of this law shall be without prejudice to the economic concert Act.

2. in accordance with its statutory regime, applying the Foral community of Navarre of the provisions of this law will be held pursuant to article 64 of the organic law on the reintegration and improvement of the Foral regime of Navarre, in accordance with the economic agreement between the State and the region of Navarre.

Eleventh final disposition. Entry into force.

This law shall enter into force the day following its publication in the "Official Gazette".

Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.

Madrid, 27 May 2011.

JUAN CARLOS R.

The President of the Government, JOSÉ LUIS RODRÍGUEZ ZAPATERO