The development, evolution and diversity of leisure activities is a fact that is evident in all modern societies, constituting an economic area of increasing importance. This implies the need for specific attention on the part of the administration to these activities and a regulation commensurate with its economic and social dimension and impact.

Moreover, the progressive extension of new communication technologies to all social areas has an undeniable impact on the world of leisure, where an important group of users shows preference for develop your options through remote connections.

This set of economic, technological and social circumstances means that traditional game modes have been joined by others and that certain traditional games, such as sports betting, are necessary. an adaptation to the new circumstances.

The approval of Law 13/2011, of 27 May, of regulation of the game, has come to establish the regulatory framework for the access to the exploitation and development of state-wide gaming activities, allowing the opening of the market to a plurality of operators.

This opening of the market is realized through 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 general licenses and, another, of each of the regulated game types, through singular licenses.

With this Order, it is necessary to comply with the requirements of prior regulation that, for the granting of the singular licenses, establishes Article 11 of Law 13/2011, of 27 May, of regulation of the game, approving the Basic regulation of horse-trading betting which, on the basis of the granting of the first individual licences, may be offered under competition.

This new regulation establishes a basic regulation which can be developed by the National Gaming Commission and which will be complemented by the private rules of private character that the various operators will have to develop and propose together with their application for a singular license and finally govern the development of the game and the operator's relations with the participants.

In short, the bases of a regulation aimed mainly at the protection of the participants and of 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 on the prevention of money laundering and the financing of terrorism.

Article 5 of Law 13/2011, of 27 May, of regulation of the game, attributes to the Minister of Economy and Finance the competence to establish by Ministerial Order, the basic regulation for the development of each game.

In its virtue, I have:

Article 1. Approval of the Basic Regulation of Counterpart Horse Bets.

The Basic Regulation of the State-wide Compensatory Horse Bets is approved, which is listed as Annex I to this Order. The provisions of this Order shall be without prejudice to the powers of the Autonomous Communities in matters of planning and regulation of the games and bets developed, in person, in public establishments. dedicated to recreational activities.

Article 2. Limits of the guarantees linked to the singular license for the exploitation of the horse-back horse bets.

The limits for guarantees linked to the singular licence for the exploitation of the horse-race bets listed in Annex II to this Order are approved.

Article 3. Economic limits to participation in the horse-back horse bets.

The economic limits to participation in the horse-back horse bets listed as Annex III of this Order are approved.

Final disposition first. Authorization to the National Gaming Commission.

1. The National Gaming Commission is authorized to make the necessary provisions for the development and implementation of this Order.

2. The National Gaming Commission is authorised to adopt all the provisions necessary for the development and implementation of the provisions of the Basic Regulation of Counterpart Horse Bets.

3. The National Gaming Commission is authorized to establish the procedure governing the granting of singular licenses and the authorization of occasional gambling activities, in accordance with the provisions of this Order. Ministerial and in the regulations of the development of Law 13/2011, of 27 May, of 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. Entry into force.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, November 8, 2011. -Vice President of the Government of Economic Affairs and Minister of Economy and Finance, Elena Salgado Méndez.

ANNEX I

Basic Regulation of Counterpart Horse Bets

INDEX

Chapter I. General provisions.

Article 1. Object and scope of application.

Article 2. Definitions.

Chapter II. Enabling titles.

Article 3. Required enabling titles.

Article 4. Validity and extension of the singular license.

Article 5. Guarantees linked to the singular license.

Chapter III. Relationships between the operator and the participants.

Article 6. Particular rules of the horse-race betting.

Article 7. Claims of the participants.

Article 8. Reporting obligations to participants.

Article 9. Promotion of the games.

Article 10. Channels and means of participation.

Chapter IV. Development of Counterpart Horse Bets

Article 11. Objective of the Counterpart Horse Bets.

Article 12. Amount of the counterparty horse bets.

Article 13. Formalization of betting and cancellation of events.

Article 14. Game development, award determination and allocation.

Article 15. Payment of prizes.

CHAPTER I

General provisions

Article 1. Object and scope of application.

purpose of this Regulation is to lay down the basic rules to be followed by operators for the development and exploitation, at the state level, of the horse-trading bets, as well as in the wording and drawing up of its own rules, without prejudice to the powers that correspond to the Autonomous Communities in the planning and regulation of games and bets developed, in person, in public establishments dedicated to recreational activities.

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. Horse bet. Horse racing means the contest of forecasts for the outcome of one or more horse races included in the programmes previously established by the gaming operator, or on facts or circumstances forming part of or develop within the framework of such races and have been previously established in the relevant programme by the operator. In no case shall they be subject to such betting events involving other animals other than horses.

2. Counterbalance horse bet. It is the horse bet in which the participant bets against the game operator, obtaining the right to prize in the case of approaching the forecast on which the bet is placed, and the prize being the result of multiplying the amount of the participation by the coefficient that the operator has previously validated for the forecast made.

3. Minimum bet unit. The minimum bet unit is the amount that corresponds to the minimum amount that can be played for each bet.

4. Hypico event. 'event' means the race or set of races, previously determined by the operator in the corresponding programme, which is carried out within the framework of a competition or on the margins of it, the organisation of which corresponds to persons, operators ' independent associations or entities, and which presents an uncertain and foreign outcome to the betting operator and the participants.

5. Hypico event suspended. It is understood by a hypico event suspended to the event which, once initiated, has been interrupted before reaching its scheduled end. Suspended events can offer valid results if it is established in the particular rules of the betting.

6. Cancelled hypico event. An event is understood to be cancelled to the event which, for reasons other than the game operator and the participants, does not come to be held or, being held, its results are not considered in the bets.

7. Hypico event postponed. The event is meant to be postponed to the event which, for reasons other than the game operator and the participants, does not start at the scheduled time. The postponed event, unless the particular rules of the game establish the opposite and determine an event to replace it, implies the postponement of the results of the bets.

8. Simple counterpart horse bet. It is meant by a simple counter-horse bet, to the forecast that is made on a single result of a single peak event.

9. Multi-counterpart equestrian bet. It is understood by multiple counterpart, the forecast that is performed simultaneously on two or more results of a hypico event.

10. Combined counterpart hippy bet. It is understood by combined counterpart, the forecast that is performed simultaneously on the results of two or more equestrian events.

11. Bet coefficient. It is the figure that determines the amount that corresponds to a winning bet when multiplied by the amount bet. If the contrary is not established, the coefficient shall include the amount corresponding to the amount of the amount initially paid by the bettor who has won the prize. Each horse-race betting operator shall set the coefficients associated with the bets placed on it, on the basis of its own initiative and the likelihood of the outcome of such forecast occurring. These coefficients may vary over the period of time of the placing of the bets. The coefficient fixed at each moment for a particular bet shall be unique.

CHAPTER II

Enabling titles

Article 3. Required enabling titles.

Operators interested in the development and exploitation of horse-trading bets must have a general licence for the mode of betting, as defined in Article 3 (c) of Law 13/2011, of 27 of May, regulation of the game, granted by the National Commission of the Game and request and obtain the corresponding singular license of the horse-race betting, in accordance with the procedure established to the effect in the regulations of development of Law 13/2011, regulating the game.

Article 4. Validity and extension of the singular license.

1. The special licence for the development and exploitation of horse-race betting shall be extended for a period of three years, subject to the application of the person concerned, for successive periods of the same duration, until the expiry of the licence. general in which you are loved.

2. The holder of the singular license shall direct to the National Commission of the Game the application for the extension of his license during his last year of validity and with at least four months in advance of the date of completion, and must prove:

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 National Gaming Commission shall grant the requested extension and agree to its registration in the General Register of Game Licenses unless it is motivated to estimate that there are reasons 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. Guarantees linked to the singular license.

1. The National Gaming Commission may, in general, establish the obligation to provide an additional guarantee linked to the granting of the special licence for the development and exploitation of the horse-trading betting.

The National Gaming Commission, where applicable and by resolution, shall determine the amount of the guarantee linked to the unique licence for the development and exploitation of the horse-back horse bets to be satisfied. all operators within the framework of the provisions set out in Annex II to this Order.

2. The guarantee linked to the special licence for the development and exploitation of the horse-trading betting is affected by the fulfilment of the general obligations of the operator, the specific credit obligations of the Game of horse-trading of a counterpart 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 National Commission of the Game, respecting in its case the provisions of Article 77 of Law 58/2003 of 17 December, General Tax on the Framework Article 14 of Law 13/2011, of 27 May, of regulation of the game and its implementing rules.

3. The additional guarantees 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 horse-race betting.

1. The development and exploitation of the horse-race betting will be governed by this Basic Regulation, by the provisions that the National Gaming Commission will make in its development, by the terms of the singular license granted and by the particular rules of each set produced and published by the operator.

2. The development and exploitation of the horse-trading betting requires the prior publication of its private rules, which are private and are developed by the gaming operator, without prejudice to the supervisory powers of the the National Gaming Commission.

In particular rules, the rules of the counter-operated horse-race betting by the operator, the awards program, and the principles that will govern the relations between the operator and the participants will be established.

3. The particular rules of the horse-back horse bets 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.

4. The operator shall notify the National Gaming Commission of the date of publication of the particular rules, as well as any changes they make 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 at least in Spanish.

2. The deadline for filing claims shall be that set out in the particular rules of the game which shall not be less than three months from the date on which the last of the horse-riding events on which the bet recesses will take place.

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 filed without the person having communicated its decision, the participant may make a complaint to the National Gaming Commission that will resolve the complaint. within two months from the date on which the complaint was entered in its register, without prejudice, where appropriate, to the opening of the relevant sanctioning procedure if the operator had incurred any of the infringements. collected in Title VI of Law 13/2011, of May 27, 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 National Gaming Commission.

Article 8. Reporting obligations to participants.

Game operators must provide complete and up-to-date information to participants, at least, in relation to the following:

(a) Information about the operator of the game and, in particular, on the possession and validity of the enabling titles granted by the National Gaming Commission, trade name, social name, registered office and, if applicable, the address of the representative in Spain.

(b) Information about the 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) Information about the particular rules of the bets offered and on the forms of participation in the bets that the operator makes available to the participant. This information shall be true and readily available prior to the commencement of the participation and at any time during the participation.

(d) Information, if any, on all circumstances which, in the case of the operator, may influence the outcome of the event or the facts or circumstances on which the forecasts fall.

e) Information about the equestrian events or all those aspects or facts of the same on which bets can be placed, as well as on what is the coefficient in force at each moment for all bets that are can perform.

f) Information about the prizes that the participant would have obtained, about the amount that he has played or bet, as well as the balance of his/her game account, in the assumptions in which the participation is made through an account user.

g) Information to the participant about the Responsible Gambling policies developed by the operator.

The information concerning the payment of the horse-back horse bets, their denomination and form of presentation shall be offered in such a way as to avoid any similarities with any other bets or games, or to induce confusion of the participant with respect to the nature of the bets.

The information that the operator offers to the participant must be provided at least in Spanish.

Article 9. Promotion of the games.

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 National Gaming Commission 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 of Regulation of the game, and in 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 horse-race betting, 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 terminals accessories which the operators may install, prior to the appropriate authorization issued to the effect by the Autonomous Community in reason of the territory in the the purpose of the installation of the terminals, in accordance with the relevant state and regional rules on gambling and gambling. These physical fittings must have been previously approved by the National Gaming Commission.

2. The counter-horse bets may be placed using any mechanism, installation, equipment or system that allows the production, storage or transmission of documents, data and information, including any open communication networks or restricted as television, Internet, fixed and mobile telephony or any other, or interactive communication, whether in real time or deferred.

CHAPTER IV

Development of Counterpart Horse Bets

Article 11. Objective of the Counterpart Horse Bets.

1. The objective of the Counterpart Equestrian bet is the correct forecast of the outcome of one or more equestrian events included in the programs previously established by the gaming operator, or on facts or circumstances that form part or are developed within the framework of such events or sporting events and have been previously established in the relevant programme by the operator of the game.

2. In application of the particular rules of the game and the program established by the operator, the counter-horse bet can be simple, multiple or combined.

Article 12. Amount of the counterparty horse bets.

The price of the minimum unit of participation in the horse-trading betting will be that established by the operators in their particular rules, and will be expressed in euros.

Article 13. Formalization of betting and cancellation of events.

1. The formalisation and validation of the horse-back betting shall be carried out by the means or means established by the operator in its particular rules of the game of those referred to in Article 10 (2) of this Regulation. base.

2. The formalisation and validation of the horse-race bets must be concluded within the time limit set by the operator in the particular rules of the game, which, in any case, will be before the start of the peak event contained in the game. betting program.

In multiple or combined betting assumptions, the formalization of the Counterpart Equestrian Bets must be concluded before the start of the first event, in chronological order, of the contents in the bet.

3. The operator will issue and provide each participant with the same means by which he/she placed the bet, a stub or accrediting document of each bet he has made. The proof or proof must contain, at least, the identification of the bet, the amount of the bet, the event in which the bet is involved, the type of bet, the forecast made, the coefficient assigned to the bet in the the time of their performance and the number or alphanumeric combination of security to identify it on an exclusive and unique basis.

4. Each counter-horse bet that is made will be linked to the current coefficient for that bet at the time of its realization and will not be affected by the subsequent changes that the coefficient may suffer.

5. The operators shall establish in the particular rules of the ante a forecast for the assumptions of suspension, cancellation or postponement of the events established in the betting program and for the substitution, if any, of those involved in the. It shall also establish the cases in which the betting shall be maintained or cancelled as a result of the suspensions, postponements or replacements. In any event, the right to the collection of prizes which may have been obtained by the participants for bets placed on facts or circumstances of the equestrian events which had been substantiated prior to the date of the award shall be guaranteed. The possible suspension or cancellation.

6. The full amount corresponding to the participation in the bets which, once formalized, are cancelled by the operator in application of their particular rules, will be returned or made available to the participants in the form established in such particular rules, always without any additional costs or obligations for the participants.

7. The National Gaming Commission may establish obligations whereby operators are required to establish mechanisms to ensure the temporary limitation of participation in betting.

Article 14. Game development, award determination and allocation.

1. The horse-race bets will be developed in accordance with the provisions of this Basic Regulation, in the provisions that the National Commission of the Game, in the particular rules of the game and in the corresponding betting schedule fixed by the operator.

The National Gaming Commission will approve and publish the catalogue of competitions and equestrian events that may be included by operators in their betting programs.

Likewise, and with respect to each event, the National Gaming Commission will approve and publish the relationship of the events or events of the corresponding equestrian activity that may be the object of the bet.

Both the catalogue of competitions and equestrian events, such as the relation of betting objects, may be modified by the National Commission of the Game of Trade or by motivated request of the operators.

2. The counterpart horse-race betting operator is responsible for establishing the program of equestrian events on which the bets will be placed and will inform the participants about the period in which they will be placed.

The operator shall in no case be able to offer bets on equestrian events that are not in the catalogue referred to in the preceding number, nor offer bets on facts or circumstances other than those collected in the Bet object ratio also referred to in the previous number.

3. The prizes of the equestrian betting bets are determined by the result of the equestrian events established in the betting program.

A horse bet will be understood to have been awarded when the forecasts contained in it coincide with the result considered valid, in accordance with the particular rules of the game.

4. After the event or equestrian events object of the bets, the operator will communicate to the participants, through the means that it would have set in the particular rules of the bets, the valid results. Whenever possible and the medium allows for proper communication with the participant, the operator shall employ for the communication of the results the same means of the one used by the participant for the formalization of the bets.

In the official equestrian events, the event shall be considered as valid by the organizing entity.

5. Known the result of the event or events object of the bets, the operator will proceed to the assignment of the prizes to the participants who would have realized the forecasts that, according to the results of the events, would have been awarded.

6. The results of the events will be published by the operator on their website within twenty-four hours of the event. The published results shall be accessible, at least, from the date of their publication to the last calendar day, which, in accordance with the particular rules of the game, is fixed for lodging a complaint under Article 7 (2) of the Treaty. Basic Regulations.

7. The National Gaming Commission shall establish the procedures and reporting obligations relating to the results of the equestrian events and the allocation of the prizes and, where appropriate, the additional publication obligations it understands precise for the best protection of the participants and the public interest.

Article 15. Payment of prizes.

1. It is the creditors of the prizes that the participants have formalized the bets that, according to the result of the event or events on which the bets were made and the particular rules of the game, have been awarded.

2. The operator shall be obliged to pay the prizes obtained in the horse-back horse bets since the result of the event or events on which the bets were placed and the prize shall be paid to the participants. creditors in terms and conditions set out in the particular rules of each game.

The payment of prizes shall be initiated after the publication of the results of the events referred to in Article 14 (6) of this Basic Regulation.

3. The authorised 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 hypico event closing the corresponding one. betting program.

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

ANNEX II

Limits of guarantees linked to the singular licence for the exploitation of the horse-race

Unique.

The National Gaming Commission will, by resolution, determine the amount of the guarantee linked to the singular licence for the development and exploitation of the horse-back horse bets and which will be fixed between the five and the Twelve percent of the operator's net income attributable to the activity subject to a singular license 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. During the initial period of the individual licences, the lodging of a guarantee shall not be required. The initial period of the singular licenses shall be computed in accordance with the provisions of the Law 13/2011, of May 27, of regulation of the game, which is applicable.

ANNEX III

Economic limits on participation in the horse-riding stakes

Unique. Deposit limits.

The amount of deposits made in the game account will be adjusted to the limits, which in this respect, will be established by the National Gaming Commission, in accordance with the terms of Law 13/2011 of May 27, of regulation of the game, and in its regulatory framework for development.