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 mutual horse-race betting, have taken place. need to adapt 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 the 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 mutual horse-race betting which, from 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 private rules of a private nature that the various operators they must prepare 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 the mutual horse-race betting.

The basic regulation of the state-wide, mutual horse-race betting 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 guarantees linked to the singular license for the exploitation of the mutual horse-race bets.

The limits corresponding to the guarantees linked to the singular license for the exploitation of the mutual horse-race bets listed as Annex II to this Order are approved.

Article 3. Economic limits to participation in the mutual horse-race betting.

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

Single additional disposition. Particular rules of the mutual horse-race betting managed by the State Lotteries and Gambling Society.

The National Gaming Commission, in the framework of the procedure for the transformation of the ratings from which the State Lotteries and Gambling Society is the holder of the State, will require the State to do so, without prejudice to the the second transitional provision of Law 13/2011, of 27 May, of regulation of the game and in accordance with this Basic Regulation, provides the particular rules that, since the granting of the corresponding singular license for the the exploitation of mutual horse-race betting, will govern the development of this type of betting by the State society.

Final disposition first. Authorization to the National Gaming Commission.

1. The National Gaming Commission is hereby authorised to make the necessary arrangements for the development and implementation of this Order and in particular for the modification of the amounts set out in Annex III.

2. The National Gaming Commission is hereby authorised to adopt as many provisions as are necessary for the development and implementation of the provisions of the Basic Regulation of Mutual Horse Betting.

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. In addition, the Ministry of Justice and the Ministry of Justice and the Ministry of Justice and the Ministry of Justice and the Ministry of Justice and the Ministry of Foreign Affairs 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 within one month of the day following that of its publication in the "Official Gazette of the State".

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 the mutual horse-race betting

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 mutual 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 mutual horse-race betting

Article 11. Objective of the mutual horse-race betting.

Article 12. Amount of the mutual horse-race bets.

Article 13. Formalization of betting and cancellation of events.

Article 14. Game development, award determination and allocation.

Article 15. Distribution of funds for prizes.

Article 16. 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 mutual horse-race betting, as well as in drafting and drafting. of their particular rules, without prejudice to the competences that correspond to 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. 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. Mutual horse riding. It is understood by means of a horse-horse race that a horse bet in which a percentage of the sum of the amounts wagered, previously established in the basic rules of the game, is distributed among those participants that, according to the awards program, would have been successful the outcome of the race or set of races or the event or circumstance of the event on which the bets are placed.

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 gaming operator and the participants.

5. Hypico event suspended. It is understood by 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 game.

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 game.

8. Simple mutual horse riding. It is understood by simple mutual horse-riding, the forecast that is realized on a single result of a single hypico event.

9. Multiple mutual horse riding. It is understood by multiple mutual horse-riding, the forecast that is performed simultaneously on two or more results of a hypico event.

10. Combined mutual horse riding. It is understood by combined mutual horse-riding, the forecast that is performed simultaneously on the results of two or more equestrian events.

CHAPTER II

Enabling titles

Article 3. Required enabling titles.

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

Article 4. Validity and extension of the singular license.

1. The special licence for the development and exploitation of mutual horse-race bets shall be extended for five years, subject to the application of the person concerned, for successive periods of the same duration, until the general licence is extinguished in the to be loved.

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

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 singular licence for the development and exploitation of the mutual horse-race betting.

The National Gaming Commission, where appropriate and by resolution, shall determine the amount of the guarantee linked to the unique licence for the development and exploitation of the mutual horse-race bets to be met by all the parties. 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 mutual horse-race bets is affected by the general obligations of the operator and, in particular, the specific obligations for the payment of the prizes. of the game of mutual horse-race betting 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 Article 77 of Law 58/2003 of 17 December, General Tax on the Framework of the Article 14 of Law 13/2011, of 27 May, of regulation of the game and its rules of development.

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 mutual horse-race betting.

1. The development and exploitation of the mutual horse-race bets shall be governed by this Basic Regulation, by the terms of the singular license granted and by the particular rules of each set drawn up and published by the operator.

2. The development and exploitation of mutual horse-race betting requires the prior publication of its private rules, which are of a private nature and are drawn up by the gaming operator, without prejudice to the Commission's supervisory powers. National of the Game.

In particular rules, the rules of the mutual horse-race bets operated by the operator, the program and award categories, and the principles that will govern the relations between the operator and the participants will be established.

3. The particular rules of the mutual horse-race betting shall be published by the operator on its website and, by means of techniques appropriate to the means employed, shall be accessible to the participants on a permanent, easy and free basis.

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 time limit for the submission of claims to the operator shall not be less than three months from the date of the event on which the bet is placed.

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 on the particular rules of the games offered and on the forms of participation in the games 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 on the collection of bets placed and the percentage of bets allocated to prizes and, as soon as it is known, the amount allocated to prizes for each bet and event and, where appropriate, by category of awards.

(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 cases where the participation takes place through a registration user.

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

The information regarding the bets, their denomination and form of presentation shall be offered in such a way that the similarities with any other bets or games are avoided, or the confusion of the participant is induced with regard to the nature of the bets. The information that the operator offers to the participant shall be provided, at least, in Spanish, and the amounts to be referred to shall be set in euro.

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 framework for the development of Law 13/2011, of May 27, to regulate the game.

Article 10. Channels and means of participation.

1. Participation in the mutual 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 interactive channels, in the that 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. Mutual horse-race 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 mutual horse-race betting

Article 11. Objective of the mutual horse-race betting.

1. The objective of the mutual horse race is the success of the forecast formulated on the result of one or more horse races included in the programs previously established by the game operator, or on facts or circumstances they are part or are developed within the framework of such events or competitions 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 mutual horse-race bet can be simple, multiple or combined.

Article 12. Amount of the mutual horse-race bets.

1. The minimum bet unit corresponds to the minimum amount that can be played on each bet, and will be expressed in euros.

The minimum amount of the mutual horse-race bets is that set out in the second edition of Annex III to this Order.

2. The bets must be formalized by exact multiples of the minimum bet unit and will be considered integrated by as many unit bets as the minimum unit times the amount bet.

Operators will enable bets on which participants can play by making only minimum bets, without prejudice to the making available to the betting participants in which, in order to participate, a amount greater than the minimum.

Article 13. Formalization of betting and cancellation of events.

1. The formalisation and validation of the mutual horse-race bets shall be carried out by the means or means established by the operator in their particular rules of the game from those referred to in Article 10 (2) of this Basic Regulation.

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

In multiple or combined betting assumptions, the formalization of the 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 certificate or certificate 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 and the number or the alphanumeric combination of the bet. security to identify it with unique and unique character.

4. Operators shall establish in the particular rules of the game a forecast for the alleged suspension, cancellation or postponement of the equestrian events which shall form part of the betting programme and for the replacement, where appropriate, of those which are listed in the. It shall also establish the cases in which the betting shall be maintained or cancelled as a result of suspensions, deferrals or replacements.

5. 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 the particular rules, always without any additional costs or obligations for the participants.

Article 14. Game development, award determination and allocation.

1. The mutual horse-race bets shall be developed in accordance with the rules of the game, in the provisions which the National Commission of the Game and in the corresponding programme of betting on the development of the game dictate. 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.

Also, the National Gaming Commission will approve and publish the list of events or events of the corresponding equestrian activity that may be the object of the bet.

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

2. The mutual horse-race betting operator is responsible for establishing the race schedule on which the bets will be placed and will inform the participants about the period in which they will be able to place the bets.

3. The prizes of the mutual horse-race bets are determined by the result of the horse races established in the betting program.

It is understood that a horse bet has been awarded when the forecasts contained in the same match with the result considered valid, in accordance with the particular rules of the game and the catalogue of prizes content in the same.

4. After the race or set of races established in the program, the operator will communicate to the participants, through the means that he would have set in the particular rules of the game, 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 horse races, the judge determined the outcome of the event as valid.

5. Known the result of the race or set of horse races established in the program, the operator will proceed to the allocation of the prizes, in the different categories established in the particular rules of the game, to the participants they would have made the forecasts which, according to the results of the races, would have been awarded in each category.

6. The results of the scheduled events, as well as, if applicable, the allocation of the prizes by category, will be published in lists by the operator on their website in the twenty-four hours following the closing of the betting program corresponding. The lists 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, shall be fixed for the lodging of a complaint under Article 7 (2) of this Regulation. Basic reglnamentation.

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

Article 15. Distribution of funds for prizes.

1. The distribution of prize funds in mutual horse-race bets shall be set out in the particular rules of the game which, subject to the conditions, requirements and limits laid down in this Basic Regulation, shall be approved by authorised operators.

2. The distribution of the funds shall be carried out according to the collection obtained in each betting programme and shall consist of a percentage which shall not be less than 50 and not more than 84 per 100 of the collection obtained in the corresponding program.

The information about the percentage of the collection that, in accordance with the particular rules of the game, is intended for prizes, must be accessible at all times for the possible participants.

3. The special rules drawn up by the operator shall lay down the various categories of prizes and the percentages on the corresponding collection allocated to each of them. The determination of the different award categories will be made in such a way as to ensure higher prizes for the forecasts that are more successful.

Operators may provide in particular rules that, in cases where no acertant of a particular bet category has been registered, the generated fund increases the fund of the category immediately below or the bottom corresponding to a later wagering program.

Article 16. Payment of prizes.

1. The participants who have formalized the bets that, according to the result of the race or set of horse races established in the program and the particular rules of the game, have resulted, are creditors of the prizes. awarded.

2. The operator is obliged to pay the prizes obtained in the mutual horse-race bets since the result of the event or events established in the corresponding betting program is known and will pay the prizes to the participating creditors in the terms and conditions set out in the particular rules of each game.

The payment of prizes shall be initiated after the preparation and publication of the lists of prizes referred to in Article 14, number 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 event closing the corresponding program of awards.

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 license for the exploitation of the mutual horse-race betting

Unique.

The National Gaming Commission, by resolution, will determine the amount of the guarantee linked to the singular license for the development and exploitation of the mutual horse-race bets and will be fixed between one and eight percent. the gross revenue of the operator imputable to the activity subject to a special licence in the year immediately preceding it. For this purpose, the gross 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 mutual horse-race betting

First. 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.

Second. Minimum amount of the mutual horse-race bets.

The minimum amount of the mutual horse bets, which corresponds to the minimum bet unit, will be:

a) Fifty euro cents for simple bets.

b) Twenty euro cents for combined and multiple bets.