The primary objective of Law 13/2011, of 27 May, to regulate the game, is the creation of a legal framework suitable for the development of the sector of the state-wide game, which offers legal certainty to operators and participants, avoid and prevent the participation of minors and those persons whom, either by their own will or by judicial resolution, would have limited access to gambling activities, protect the public interest and avoid and prevent activities of money laundering and terrorist financing.

With the approval of the aforementioned law, the regulatory framework for access to the exploitation and development of gambling activities at the state level was established, allowing the opening of the market to a plurality of operators.

This opening of the market was realized through the granting of the titles that enable the operators of the game for the exploitation, of a part, of the modalities of the game collected in the Law, through the licenses and, on the other hand, each of the regulated types of game, through the singular licenses.

On 17 November 2011, and within the process of regularisation of gambling activities, a number of ministerial orders were published, approving the basic regulation of different types of games.

This order complements the process of regulating the various gaming activities and to comply with the requirements of prior regulation that, for the granting of the singular licenses, establishes Article 11 of Law 13/2011, of May 27, of regulation of the game.

This new regulation therefore establishes the basic regulation of the game of machines of chance. The aim is to make it compatible with the establishment of the forecasts necessary for the development of the game with respect to the commercial decision margin of the operator in the configuration of the basic marketing variables. In this respect, the absence of an obligation to establish requirements for the programming of the cycles of chance, which will allow the exploitation of similar games to those that, in the context of the in-person game, develop the calls machines C.

At the same time this new regulation tries to align with the regulations in force in the European countries of our environment that regulate this type of game, like Denmark, Italy and the United Kingdom, where the prizes of these machines are not of a limited character, the game operator being the one that sets them, as well as the maximum and minimum amounts of each item.

This basic regulation may be developed by the Directorate-General for the Management of the Game and will be complemented by the private private rules which the various operators will have to draw up and propose together with their request for a singular license, and they will eventually govern the development of the game and the operator's relations with the participants.

In short, this order develops a regulation aimed mainly at the protection of the participants and the public interests that converge in the activities of the game, in particular the protection of the children and dependents, the prevention of gambling, and compliance with the provisions of Law 10/2010 of 28 April, preventing money laundering and the financing of terrorism. In this respect, certain measures are laid down to promote the responsible game, for example, as set out in Article 14, in order to allow only the formation of progressive boats, as well as in the obligation of of the participant to initially configure his playing session, specifically for the game of machines of chance; in the obligation of the operator to warn the participant of the time spent in that session; or in the determination of the minimum duration of each consignment. Similarly, Article 8, concerning the reporting obligations of the operator, abounds in the impetus of the responsible game by establishing, in relation to other types of games, new reporting obligations on certain points, in in particular, on the maximum and minimum amounts of each item, the amount played and prizes obtained in each session, the method of development of each item, the description of the winning combinations and the prizes allocated to each combination; and informing at all times of the game balance and movements of your money.

This ministerial order is divided into four chapters, fifteen articles, and three final provisions.

Chapter I contains the general provisions and incorporates the definitions that are useful for the proper understanding of the text.

Chapter II refers to the enabling securities to be counted by operators interested in the development and exploitation of the game of machines of chance, establishing that they will have to obtain a general licence for the mode of "Other Games", and the corresponding singular license. Similarly, this Chapter establishes a five-year term for the singular license, extendable for periods of the same duration, and enables the General Management of the Game to determine by resolution the guarantee linked to the the referred license.

Chapter III establishes the framework of relations between the operator and the participants. It also refers to the procedure for the attention and resolution of complaints and complaints implemented by the operator and made available to the participants. It also lays down different obligations of the gaming operator against the participant; it authorizes the promotion of the games in the terms established in article 7 of Law 13/2011, of 27 May, of regulation of the game; and regulates the channels and means of participation.

Chapter IV sets out the guidelines for the development of the game of random machines, and determines the economic limits to the participation and development of the game, as well as the determination, allocation and payment of prizes.

The annex to the order approves the limits of the amounts of the guarantees linked to each individual licence for the exploitation of this type of game and which will be set between 5% and 12% of the operator's net income, imputable to the activity subject to singular license in the immediately preceding year.

Finally, this ministerial order contains three final provisions. The first in relation to the enabling the Directorate-General of the Management of the Game to issue necessary provisions for the development and application of this order, the second in relation to the provision of services of the suppliers of technical systems with an enabling title and the third in relation to the entry into force of the same.

This ministerial order has been submitted to the report of the National Commission on Markets and Competition, as well as to the procedure for information on technical standards and regulations and regulations concerning the services of the information society, regulated in Royal Decree 1337/1999 of 31 July, for the purpose of complying with the provisions of Directive 98 /34/EC of the European Parliament and of the Council of 22 June 1998, as amended by Directive 98 /48/EC of the European Parliament and of the Council of 20 July 1998.

This provision is made by the Ministry of Finance and Public Administrations in accordance with Articles 5 and 19 of Law 13/2011 of 27 May, on the regulation of the game, and on the provision of Royal Decree 1614/2011, ninth of November 14, for which the Law 13/2011, of 27 May, of the regulation of the game is developed, in respect of licenses, authorizations and game records.

In its virtue, I have:

CHAPTER I

General provisions

Article 1. Object.

purpose of this Regulation is to lay down the basic rules for the development and exploitation, at the State level, of the game of machines of chance and for the drafting and elaboration of their particular rules, without prejudice to the powers which correspond to the Autonomous Communities.

Article 2. Definitions.

For the purposes of this Basic Regulation, the terms used in this Regulation shall have the meaning set out in this Article.

1. Gambling of machines of chance. A game in which, in exchange for the price of the game, the user is granted a time of use with the aim of obtaining a combination of signs or graphic representations which, in accordance with the particular rules of the game, is graced with a given prize. It shall not be considered a game of machines of chance for the game whose essential elements are of other already regulated games.

2. Departure. Each activation, at cost to the participant, of the system of determination of a combination of signs or graphic representations, including, where appropriate, the metamorphic evolutions derived from that. The item shall end with the determination of the result and where appropriate the award of the pre-established prize.

3. Session for the game of machines of chance. A set of items performed by the participant, either on one or more random machines, during the time period delimited by each of their connections to the gaming operator's gaming machine.

4. Progressive jackpot. Accumulated prize that the gaming operator makes from amounts obtained from the players ' stakes.

CHAPTER II

Enabling titles

Article 3. Required enabling titles.

Operators interested in the development and exploitation of the game of machines of chance must have a general licence for the modality of 'Other games', as defined in Article 3 (f) of Law 13/2011 of 27 May, Regulation of the game, granted by the General Management of the Game, and request and obtain the corresponding singular license for the marketing of the type of game "machines of chance", according to the established procedure To the effect in the regulations of the development of Law 13/2011, of regulation of the game.

Article 4. Validity and extension of the unique licenses.

1. The special licence for the development and operation of the game of machines of chance shall be extended for a period of five years, subject to the application of the person concerned, for successive periods of the same duration, until the expiry of the general licence in the one that is loved.

2. The application for the extension of the special license must be addressed to the General Management of the Game during the last year of its validity and at least four months in advance of the date of its completion

a) Compliance with the requirements and conditions that were considered for obtaining the corresponding singular license.

b) The uninterrupted exploitation of the license for at least three-fifths of the duration of the singular license.

c) Payment of the tax on gambling activities and fees for the management of the game.

For the purposes of the accrual, settlement and payment of the fee for the administrative management of the game set out in Article 49.5.d) of Law 13/2011, of May 27, of regulation of the game, the extension of a singular license equating to the granting of a new license.

3. In accordance with the conditions referred to in the preceding number, the General Management of the Game Management shall grant the requested extension and agree to its registration in the General Register of Game Licenses unless it is motivated to estimate there are grounds for safeguarding the public interest, the protection of minors or the prevention of gambling addiction phenomena which justify the failure to carry out the requested extension.

Article 5. Warranty related to the singular license.

1. The General Directorate for the Management of the Game may establish an obligation to provide an additional guarantee linked to the granting of the singular license for the development and exploitation of the game of machines of chance.

The General Directorate for the Management of the Game, where appropriate and by resolution, shall determine the amount of the guarantee linked to the singular license for the development and exploitation of the game of machines of chance that have satisfy all operators within the framework of the provisions set out in the Annex to this order.

2. The guarantee linked to the special licence for the development and operation of the game of machines of chance is affected by the fulfilment of the general obligations of the operator and in particular the specific obligations of the prizes of the game of machines of chance operated by the operator and to the fulfilment of any other obligation which, in relation to the corresponding singular license, has been imposed by the General Direction of Management of the Game, respecting in its Article 77 of Law 58/2003 of 17 December, General Tax, in the framework of the Article 14 of Law 13/2011, of 27 May, of regulation of the game, and its implementing regulations.

3. The additional guarantee referred to in this Article shall be constituted in the forms and under the conditions laid down in the Law 13/2011, of 27 May, of regulation of the game.

CHAPTER III

Relationships between the operator and the participants

Article 6. Particular rules of the gambling machine game.

1. The development and exploitation of the game of machines of chance requires the prior publication of its particular rules, which have a private nature and are elaborated by the gaming operator, without prejudice to the supervisory powers of the Directorate General of Game Management.

The rules of the game of machines of chance operated by the operator, and in particular the program and the categories of prizes linked to the game, will be established in the particular rules. In addition, the particular rules will establish the principles and rules that govern the relations between the operator and the participants.

2. The particular rules of the game of random machines must be published by the operator on their website and, by means of techniques appropriate to the means employed, must be accessible to the participants on a permanent, easy and free basis.

3. The operator shall notify the General Management Directorate of the Game of the date of publication of the particular rules, as well as any changes made to them.

Article 7. Claims of the participants.

1. The operator must have a system of care and resolution of any complaints and complaints from the participants and any person who may be affected by the operator's action, and shall establish in the particular rules of the (a) the procedures and means which will enable the participants to submit complaints and, in particular, the address or addresses to which they are to be addressed, the time-limits for the submission of complaints and those applicable to the the operator's response to them.

The complaints and complaints system of care and resolution must be easily accessible to potential stakeholders and must have at least an electronic access through the operator's website which will be of the date and time of receipt of the claims submitted by this path.

The attention to the participant must be made free of charge and at least in Spanish.

2. The time limit for the submission of complaints shall be that laid down in the particular rules of the game, which shall not be less than three months from the date on which the departure or session in which the event was taken or took place took place. claim object.

The operator shall issue a communication addressed to the claimant, in which he shall acknowledge receipt of his complaint and in which he shall state the identity of the operator and the time limit in which he shall be informed of the decision taken.

The operator shall resolve the participant's claim within one month from the date on which it was received in the address (s) established for these purposes and shall communicate it to the claimant.

3. If the complaint is settled by the operator or, if applicable, one month after the complaint was lodged without the person having communicated its decision, the participant may make a complaint to the General Management of the Game, it shall decide within two months from the date on which the complaint has entered its register, without prejudice, where appropriate, to the opening of the relevant sanctioning procedure if the operator has incurred any of the Infringements listed in Title VI of Law 13/2011 of 27 May of regulation of the game.

4. The expiry of the awards shall be interrupted from the date of receipt of the complaint by the operator until the date on which the operator has communicated its decision to the claimant or, where appropriate, until the notification of the decision of the General Management of Game Management.

Article 8. Obligations of the gaming operators.

1. Game operators must:

1.1 Make the particular rules public.

1.2 Provide, at least in Spanish, clear, complete, truthful and up-to-date information to participants in relation to at least the following:

(a) Identification of the operator of the game and, in particular, the possession and validity of the enabling titles granted by the General Management of Game Management, trade name, social name, registered office and, in his case, the address of whoever represents him in Spain.

(b) A system of complaints that the operator has in place and referred to in the previous article. The information shall contain at least: postal and electronic address to which the complaints may be addressed, time limits for the submission of complaints and, where appropriate, standard models, and time limits for the communication of the decision. The operator must also be informed of the operator's obligation to issue a reply for each complaint received. The operator shall be obliged to communicate to the claimants the identity of the staff with whom they interact.

c) Specific rules of the games offered and on the forms of participation in them. This information shall be true and readily available prior to the commencement of the participation and at any time during the participation.

d) Responsible Gaming Policies developed by the operator.

e) Mathematical expectation of return of the game, calculated over the one-year period, as well as the actual percentage of return of prizes on amounts played out of each of the games in each of the preceding six months. The calculation of this percentage shall be excluded from the award of jackpots, without prejudice to the information which the operator may further consider to provide in relation to these.

f) Maximum and minimum amount of each item.

g) Mode of development of each item, either automatic or manual mode.

h) Description of winning combinations and prizes assigned to each winning combination.

i) During the course of each session, the session balance for the game of random machines with a breakdown of the participation amounts and prizes in their case obtained. This information will be visible in the game interface from the start of the session intended for the game of random machines.

j) Historical of the amounts played and prizes obtained in each session destined to the game of machines of chance, as well as the resulting balance of the previous ones.

k) Percentage of the amount of player participation that is intended for the formation of the pot.

The information referred to the game of machines of chance, its name and form of presentation shall be offered in such a way that the similarities with any other game are avoided or the confusion of the participant is induced.

2. Without prejudice to the preventive actions against the pathological game contained in its Operational Plan, the operator shall inform the player of the elapsed time and the amount spent in the session intended for the game of random machines. a warning through the game interface. This notice shall be made, by means of mechanisms that guarantee the participation of the participant, in each predetermined time interval by the participant when configuring the session for the game of machines of chance, in the sense established in Article 14 of this order.

Article 9. Promotion of the game of machines of chance.

1. In the terms set out in article 7 of Law 13/2011, of May 27, of regulation of the game, the performance by an operator of gambling advertising, sponsorship or promotion of gambling activities, as well as the advertising or promotion of the same, can be performed according to these criteria:

a) That advertising is easily identifiable by its recipients.

b) To ensure that advertising activity is socially responsible, paying due attention to the protection of minors and other particularly vulnerable groups. Thus, in the case of minors, it should be avoided that advertising is aimed at them, or that it is particularly attractive for children and young minors, or that they have a significant role in the particular promotional activity.

c) In the event of its broadcast by audiovisual media, it must also respect the applicable provisions on commercial and self-promotion communications contained in Law 7/2010 of 31 March, General of the Audiovisual Communication, and in particular the provisions of Article 7 on the rights of the child. Special attention shall also be paid to the timing of the advertising of the gambling activity and the age rating of the programme together with which the programme is issued or inserted shall be taken into account.

2. In addition, the operator may carry out promotional activities for the offer of the games which it places on the market and offer bonuses for the registration or participation of the player provided such practices:

a) Do not be contrary to the provisions of this Basic Regulation or the regulatory regulation of the game.

b) Do not contravene the provisions of Law 34/2002, of July 11, of Services of the Information Society and Electronic Commerce, and Law 7/2010, of March 31, General of Audiovisual Communication.

c) Do not alter the dynamics of the game.

d) Do not induce participant confusion regarding the nature of the game.

3. It is up to the operator to publish on its gaming platform the conditions of application and periods of validity of any promotional initiative that it develops, as well as the terms of it.

4. The General Directorate for the Management of the Game may limit the maximum amount of promotional initiatives and bonuses to participants developed by the operator, in accordance with the terms of Article 7 of Law 13/2011 of 27 May, The regulation of the game, and the regulations for which the aforementioned article is regulated.

5. Gaming operators will be able to offer free gaming applications on their platforms, as provided for in the regulatory regulatory framework for the development of Law 13/2011, of May 27, to regulate the game.

Article 10. Channels and means of participation.

1. The participation in the game covered by this basic regulation, in accordance with the provisions of Article 1 of Law 13/2011, of 27 May, of regulation of the game, will be carried out through electronic, computer, telematic and electronic channels interactive, where the in-person media, if any, will have an accessory character.

The participation may also be carried out through physical terminal accessories, the installation of which will require authorization from the Autonomous Community responsible for the territory, in accordance with the regional regulations of application. These physical accessories must have been previously approved by the General Management of the Game, and their installation can only be performed in those physical locations where the autonomic regulations allow the game the purpose of this basic regulation.

Through the terminals referred to in the preceding paragraph, only games that respect the technical specifications and, in particular, the limitations of starting prices, prizes and return to the player may be offered. provided for in the autonomic rules of application.

2. The participation in the game covered by this basic regulation may be carried out using any mechanism, installation, equipment or system that allows to produce, store or transmit documents, data and information, including any networks of open or restricted communication such as television, Internet, fixed and mobile telephony or any other, or interactive communication, either in real time or in deferred time.

CHAPTER IV

Developing the game of random machines

Article 11. Game development.

1. The exploitation of the game of machines of chance shall be carried out in accordance with the provisions of this Basic Regulation, in the provisions that are in development of the same, in the terms of the corresponding singular license granted and in the particular rules.

2. Where, by direct knowledge or by communication or denunciation of a third party, the Directorate-General for the Management of the Game is aware that a sign or symbol in the game offered by the operator is in breach of the rules, the Directorate-General for Organisation of the game may call for suspension and withdrawal, without prejudice to the exercise of sanctioning power

Article 12. Economic limits to participation in the game of machines of chance.

1. The maximum and minimum amount of each item shall be that set by the gaming operators in their particular rules and shall be expressed in euro.

2. Without prejudice to Article 14.1 of this Ministerial Order, the amount of money which a participant may devote to the participation in the game of machines of chance may not exceed the amount of the balance that the participant have on your game account at the time the session is initiated for the game of random machines, increased in the amount of the prizes in your case obtained in that session.

Article 13. Participation in the game.

1. Participation in the game of machines of chance shall be carried out by means or means established by the operator in its particular rules of the game, from among those referred to in Article 10 (2) of this Basic Regulation.

2. Operators shall issue an accreditable document at the end of each session intended for the game of random machines, which shall be provided to each participant by the same means by which he participated in the session, with the summary of the amounts wagered. and of the results obtained.

3. The operators will set in the particular rules of the game a forecast for the supposed interruption of the session. They shall also lay down the cases in which the quantities played as a result of such interruptions shall be maintained or cancelled. In any event, the right to prizes which may have been obtained by the participants in a session or in a party prior to their eventual interruption must be guaranteed. Similarly, in cases where the connection of a participant has been interrupted during the course of a departure for reasons other than compliance with the limits laid down in the first paragraph of Article 14, the operator shall ensure that the item is automatically developed to the determination of the combination of signs or graphic representations, and the participant shall have the right to be paid the amount corresponding to that which is winning result.

4. The full amount corresponding to the participation in a game item which, once formalized, is cancelled by the operator in application of its particular rules, will be returned or made available to the participants in the form established in the said particular rules, always without any additional costs or obligations for the participants.

Article 14. Development, determination and allocation of prizes.

1. The participant, prior to the start of the session intended for the game of machines of chance, shall establish the maximum time that he is willing to use and the maximum amount in which he is willing to minate his/her game account throughout that session. This determination must be made expressly, each time the session is accessed for the game of machines of chance, without the default of these values to be predetermined or to be saved by those established in previous sessions.

The session configuration cannot be modified during the course of the session. However, such a session may be concluded before the abovementioned terms are met. After the predetermined amount of time or quantity, or the amount fixed when the session is configured for the game of machines of chance, the session shall end automatically, resulting in the disconnection of the session after the end of the current game, including in his case the metamorphic evolutions that would have occurred.

In any case, the game operator must anticipate the participant the proximity of the compliance of the predetermined limits in the prior configuration of the session, so that the participant can perform, if he so wishes, an ordered closure.

When the participant, in the course of the 60 minutes following the end of the session intended for the game of random machines, initiates a new session, the operator, prior to making such a connection, must activate a a warning to highlight the desirability of developing responsible gaming behaviour, as well as the implications arising from excessive frequency of play from a compulsive or pathological gaming point of view. For such purposes, the operator shall include a link within that notice to enable the redirection of information on the preventive actions against the pathological game contained in its Operational Plan, as well as, where appropriate, to the operator. the General Management of the Game.

2. In the configuration of the session intended for the game of machines of chance, the participant may temporarily restrict his/her access to a future session, in order to ensure that the current one ends automatically as a result of the exhaustion of some of the limits set out in paragraph 1 of this Article.

3. The participant shall, before initiating the session, determine the frequency of the notice referred to in Article 8 (2) of this ministerial order, the minimum interval of fifteen minutes from the beginning of the session for the machines of chance or since the last warning.

4. Participation in the game of random machines may be performed manually or in automatic mode.

In manual mode, the item starts at the time the participant manually activates the determination function of the resulting combination of signs.

In automatic mode, the game will start after the game is configured. You will not be able to automatically configure more than 100 games, and in any case, at any time you will be able to leave the automatic mode.

5. The consignment shall be for a minimum duration of 3 seconds.

6. Determined at random the resulting combination shall be checked if it is graced with any prize from the pre-set by the gaming operator. In that case you will be assigned the prize corresponding to that resulting combination.

7. Operators will only be able to offer progressive jackpots. In no case shall they be able to offer guaranteed boats, meaning those who have their origin in whole or in part in the own funds of the gaming operator or come from sources other than the stakes in the game.

Article 15. Payment of prizes.

1. The prize creditors are the users who have participated in the game of machines of chance and that, according to the result of the games that make up the game and the particular rules of the game, would have been winners.

2. The operator shall be obliged to pay the prizes obtained in the game since the end of each consignment which originated them and shall pay the prizes to the participating creditors in the terms and conditions laid down in the particular rules of the game.

3. The operator shall pay the prizes in accordance with the rules of the game and, failing that, by the same means used for the payment of the participation. Payment of the prize in no case will entail additional cost or obligation for the award-winning participant.

The right to the collection of prizes shall expire within the period laid down in the particular rules of the game which shall not be less than three months from the day following the end of the departure in which the prizes originated.

4. The General Management of Game Management shall establish the procedures and additional obligations that are necessary in relation to the payment of the prizes for the best protection of the participants and the public interest.

Final disposition first. Authorization to the General Management of the Game.

The General Directorate of the Management of the Game is authorized to establish the procedure for the authorization of occasional play activities, in accordance with the provisions of this Ministerial and in the regulations for the development of Law 13/2011, of 27 May, for the regulation of the game. This procedure shall lay down the requirements to be required of operators and the supporting documentation to be submitted by operators.

Final disposition second. Transfer of technical systems by licensees to providers of gambling activities on Spanish territory.

Singular license holders of the gaming machine will take the necessary steps to ensure that their products and services, including their platforms, game software and other system elements technical, are not offered on Spanish territory by non-holders of the corresponding license.

The decisions granting the corresponding enabling securities may specify the terms in which the operator must carry out the fulfilment of the obligation laid down in the preceding paragraph, as well as establish communication obligations for measures taken in this regard by the operator, whether at the time of their adoption, on a regular basis or at the request of the General Management Directorate of the Game.

Final disposition third. Entry into force.

This order will enter into force on the day of the publication of the ministerial order by which, in accordance with the provisions of Article 10 of Law 13/2011, of 27 May, the specification of the bases that will govern the new call for general licenses for the development and exploitation of gaming activities.

Madrid, 25 July 2014.-The Minister of Finance and Public Administration, Cristobal Montoro Romero.

ANNEX

Limits of guarantees linked to the singular license for the operation of the game of machines of chance

Unique.

The General Directorate for the Management of the Game, by resolution amending Annex II to the Resolution of 16 November 2011, of the Directorate-General for the Management of the Game, approving the provision that develops Chapter III of Title II of Royal Decree 1614/2011 of 14 November, and the determination of the amounts of the guarantee of operators which are linked to the individual licences for the different types of games, shall determine the amount of the guarantee linked to the unique licence for the development and exploitation of the game machines of chance and which shall be fixed between 5% and 12% of the operator's net income attributable to the activity subject to a single licence in the immediately preceding year. For this purpose, the net income of the operator shall be understood as set out in Article 48.6 of Law 13/2011 of 27 May of regulation of the game.