Order Eha/3086/2011, On 8 November, Which Approves The Basic Regulation Of The Game Of Baccarat.

Original Language Title: Orden EHA/3086/2011, de 8 de noviembre, por la que se aprueba la reglamentación básica del juego de punto y banca.

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The development, evolution and diversity of leisure activities is a verifiable fact in all modern societies today, constituting an economic area of growing importance. This supposed the need of an attention specific from the administration towards these activities and a regulation according its dimension and impact economic and social.

On the other hand, the progressive extension of new technologies of communication to all social areas has an undoubted impact on the world of entertainment, where a significant group of users shows preference for developing your options via remote connections.

The approval of the law 13 / 2011, of 27 of mayo, of regulation of the game, has come to establish the framework regulatory for the access to the exploitation and development of activities of game of field State, allowing the opening of the market to a plurality of operators.

This opening of the market is materialized through the titles that enable operators of suit for exploitation, one of the game modes listed in the law, through General licenses and another, each of the regulated game types, through the unique licenses.

With this order is comes to give compliance to the requirements of regulation prior that, for the granting of them licenses unique, sets the article 11 of the law 13 / 2011, of 27 of mayo, of regulation of the game, approving is the regulation basic of the game of point and banking.

This new regulation sets a regulation Basic that can be developed by the Commission national of the game and that will be complemented by them rules particular of character private that them different operators should develop and propose next to his request of license singular and that governed finally the development of the game and them relations of the operator with them participating.

Are set by both the bases of a regulation targeted mainly to the protection of the participants and the public interests that converge in the activities of game, in particular the protection of minors and dependent persons, prevention of compulsive gambling, and compliance with the provisions of the law 10/2010 of 28 April , of prevention of the money laundering of capital and of the financing of the terrorism.

Article 5 of the law 13/2011, may 27, of regulation of the game, attributed to the Minister of economy and making competition to establish, by Ministerial order, the basic regulations for the development of each game.

By virtue, I have: article 1. Approval of the regulation basic of the game of point and banking.

Approves the basic regulation of the game of point and banking, State-level, which appears as annex I of this order. It established in this order is means without prejudice of the competencies that correspond to the communities autonomous in matter of planning and regulation of them games and betting developed, of form face-to-face, in establishments public dedicated to activities recreational.

Article 2. Limits of the amounts of the guarantees linked to the unique license for the exploitation of the game of baccarat.

Is approve them limits corresponding to the amount of the guarantees linked to the license singular for the exploitation of the game of point and banking, that contained as annex II of this order.

Article 3. Economic limits on participation in the game of baccarat.

Will approve them limits economic to the participation in the game of point and banking, that contained as annex III of this order.

Available end first. Authorization to the National Gambling Commission.

1. is authorizes to the Commission national of the game to dictate the provisions necessary for the development and the application of this order and, in particular, for the modification of them amounts established in the annex III that it accompanies.

2. is authorized to the Commission national of the game to adopt few provisions are necessary for the development and execution of it planned in the regulation basic of the game of point and banking.

3 authorizes the National Gambling Commission to establish the procedure governing unique licensing and authorisations of gaming activities of occasional, in accordance with provisions in this Ministerial order and the implementing regulations of the law 13/2011, may 27, of regulation of the game. This procedure will establish the requirements that will require operators and supporting documentation to be provided by these.

Available to finish second. Entry into force.

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

Madrid, 8 November 2011.-the Vice-President of the Government for Economic Affairs and Minister of economy and finance, Elena Salgado Mendez.

ANNEX I basic regulation of the game of point and banking 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. Duration and extension of the singular license.

Article 5. Guarantees linked to the singular license.

Chapter III. Relations between the operator and the participants.

Article 6. Rules special of the game of point and banking.

Article 7. Claims of the participants.

Article 8. Information obligations to participants.

Article 9. Promotion of the games.

Article 10. Channels and means of participation.

Chapter IV. Development of the game of baccarat.

Article 11. Objective of the game of point and banking.

Article 12. Limits on participation in the game of baccarat.

Article 13. Participation in the game.

Article 14. Development of the game, determination and allocation of the prizes.

Article 15. Payment of awards.

CHAPTER I provisions general article 1. Object and scope of application.

This regulation has by object establish them rules basic to which will have of stick is them operators for the development and exploitation, of field State, of the game of point and banking, as well as in the drafting and elaboration of their rules private, without prejudice of them skills that correspond to them communities autonomous in matter of planning and regulation of them games and betting developed , of form face to face, in establishments public dedicated to activities recreational.

Article 2. Definitions.

To the effects of this regulation Basic, them terms that in she is used will have the sense that is set in the present article.

1 point and banking. Refers to game point and banking that game of chance practiced with tiles, facing several players among themselves. The operator acts as an intermediary and guarantor of the quantity stationed between third parties, IAS amounts or percentages that had previously set. Chance to win player is that your hand of cards add nine points or close to them without going over and is greater than the value of the hand that plays the banking.

2. game session. Event of development of the game that is starts with the mix random of them cards, its available in the Distributor and the start of the hands or played.

3 hand or move: is the set of tiles that constitute the participant's and/or banking move.

4. banking: Position of the participant that plays the hand of banking and, therefore, will win or lose the amount of bets placed by the remaining players in the game.

5. minimum betting unit. It is the amount that corresponds to the minimum amount that can be played on every bet.

6. suspended game session. It means game session suspended the game that once started, it has been interrupted before its scheduled end. The suspended items can provide valid results if so stated in the special rules of the game.

7. void game session. It means game session cancelled the game that, for reasons unrelated to the gaming operator and the participants, does not take place, or held, its results are not included in the game.

8. deferred game session. It means game session adjourned at that game that, for reasons unrelated to the gaming operator and the participants, does not start at the time programmed for it. Delayed departure, unless the particular rules of the game established otherwise, implies the postponement of the match results.

9 baraja French means French deck the deck of playing cards in which letters are distributed equally in four groups or clubs of thirteen cards each and that appear respectively identified by icons differentiated among themselves. Those groups or sticks of it shuffles French are them of hearts and diamonds, both in color red, and them of clubs and Spades, both in color black. Also it will admit that each one of them four sticks is of a color different.

CHAPTER II titles enabling article 3. Required enabling titles.


The operators interested in the development and exploitation of the Baccarat game must have a general license for other games mode, defined in article 3, letter f), law 13/2011, from May 27, the game regulation, granted by the National Gambling Commission and request and obtain the corresponding singular license for the commercialization of the Baccarat game , of compliance with the procedure established to the effect in the policy of development of the law 13 / 2011, of 27 of mayo, of regulation of the game.

Article 4. Duration and extension of the singular license.

1. the unique license for the development and exploitation of the Baccarat game will have a duration of three years extendable, upon request of the interested party, for successive periods of the same duration, until the extinction of the general license that they protects.

(2. it request of extension of it license singular must direct is to it Commission national of the game during the last year of validity of the same and with unless four months of advance to the date of its completion, must accredit: to) the compliance of them requirements and conditions that were considered for it obtaining of it corresponding license singular.

(b) the uninterrupted operation of license during, at least, three-fifths of the time of validity of the unique license.

(c) the payment of the tax on activities of the game and of the rates by the management administrative of the game.

For the purposes of the accrual, liquidation and payment of the fee for the administrative management of the game established in article 49.5. d) of law 13/2011, may 27, of regulation of the game, the extension of a singular licence is equated to the granting of a new license.

3. complying is them conditions to which is refers the number previous, it Commission national of the game granted the extension requested and agreed its registration in the record General of licenses of game unless accordingly considers that there are reasons of safeguards of the interest public, of protection of minor or of prevention of phenomena of addiction to the game that justify that not is appropriate to the extension requested.

Article 5. Guarantees linked to the singular license.

1. the national Gaming Commission may establish the obligation to provide an additional guarantee linked to the singular licensing for the development and exploitation of the game of baccarat.

The Commission national of the game, in his case and by resolution, will determine the amount of the warranty linked to the license singular for the development and exploitation of the game of point and banking that have of meet all them operators in the frame of it established in the annex II to the present order.

2. the warranty linked to the unique license for the development and exploitation of the game of Baccarat is affects the General obligations of the operator and, in particular, the specific obligations of payment of awards of the Baccarat game operated by the operator and any other obligations that, in relation to the corresponding singular licence compliance , it has been imposed by the National Gambling Commission, respecting where appropriate the provisions of article 77 of the law 58/2003, of December 17, General tax in the context of article 14 of the law 13/2011, may 27, of regulation of the game and its implementing regulations.

3. them guarantees additional to which is concerns the present article is shall constitute in the forms and with them conditions established in the normative of development of the law 13 / 2011, of 27 of mayo, of regulation of the game.

CHAPTER III relations between the operator and the article 6 participants. Rules special of the game of point and banking.

1. the development and exploitation of the Baccarat game shall be governed by the basic regulation, by the provisions that developing it dictate the National Gambling Commission, by the terms of the singular licence granted and by the special rules of the game developed and published by the operator.

2. the development and exploitation of the game of point and banking requires the prior publication of its rules private, that have nature private and are elaborate by the operator of game, without prejudice of them powers of supervision of the Commission national of the game.

The particular rules will establish the rules of the game of Baccarat, developed and operated by the operator, the manner of determining the amount of earnings of participants, the Commission percentage on the awards that the operator in respect of benefit detraerá by its services, and the principles that will govern the relations between the operator and the participants.

3. them rules particular of the game of point and banking must be published by the operator in its web site and, through technical appropriate to the medium employee, must be accessible to them participating of form permanent, easy and free.

4. the operator shall notify the National Gambling Commission the date of publication of the specific rules, as well as any changes you make on them.

Article 7. Claims of those participating.

1. the operator must have a care system and resolution of any complaints and claims of the participants and anyone who might be affected by the actions of the operator and establish procedures and means that will allow participants to the presentation of claims and, in particular, address or addresses to which those must go in the particular rules of the game , them deadlines of presentation of claims and those applicable for the reply of the same from the operator.

The system of care and resolution of complaints and claims must be easily accessible to the interested parties and must have, at least, with an electronic access through the web site of the operator which will record the date and time of receipt of claims submitted in this way.

Attention to the participant shall be, at least in Spanish.

2. the deadline for the submission of claims shall be laid down in the specific rules of the game which shall not be less than three months from the date that held the session of game or starting point and banking in which you participate or there was the made object of claim.

The operator will issue a communication addressed to the claimant, which will acknowledge receipt of your claim and which shall state the identity of the operator and the term in which you will be informed of the decision taken in this regard.

The operator will resolve the claim of the participant within the period of one month from the date in which they had been received at the address or addresses established for this purpose and shall communicate it to the claimant.

3. resolved it claim by the operator or, in its case, elapsed a month from it presentation of it claim without that had connected his decision, the participant may formulate claim before it Commission national of the game that will solve in the term of two months counted from the date in that it claim had input in its record, without prejudice , where appropriate, the opening of the appropriate sanctioning procedure if the operator had engaged in any of the offences listed in Title VI of the law 13/2011, 27 of may, regulation of the game.

4. the term of expiration of the awards will be interrupted from the date of receipt of the claim by the operator until the date in which it had communicated its decision to the claimant or, where appropriate, until the notification of the decision of the National Gambling Commission.

Article 8. Information obligations to participants.

Gaming operators must provide full and updated information to participants, at least in relation to the following ends: to) information about the game operator and, in particular, the possession and validity of qualifying degrees conferred by the National Gambling Commission, trade name, corporate name, registered office and, where appropriate, address of who represents him in Spain.

(b) information about the care system claims that the operator has implemented and referred to in the preceding article. The information shall include at least: postal and electronic address you can contact claims, deadlines for the submission of the same and, where appropriate, standardized models, and deadlines for communication of the decision. You must also learn about the obligation which the carrier issued a reply for each claim received have. The operator is obliged to inform the claimants the identity of staff with whom to interact.

(c) information on them rules particular of them games offered and on the forms of participation in them same that the operator puts to disposition of the participant. This information must be accurate and readily available before the start of the participation, at any time during the same. In particular, it shall provide information on the Commission on awards you may have established in their particular rules, and how to apply it.

(d) information about the awards that the participant had obtained, on the amount played, as well as the balance of your game account, in the cases where the participation is carried out through a user account.


(e) information to the participant on the political of game head developed by the operator.

Information on the game, its name and presentation should provide thereby avoid similarities with any other games or induce to confusion of the participant with respect to the nature of the game.

The information that the operator offers the participant must provide, at least, in Spanish.

Article 9. Promotion of the games.

1 under the terms established in article 7 of the law 13/2011 from 27 May, control of the game, the realization by an operator of game advertising, sponsorship or promotion of gaming activities, as well as advertising or promotion thereof, may be conducted following these criteria: to) that advertising is easily identifiable by its recipients.

(b) to ensure that advertising 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 directed to them, or make it especially attractive for children and juveniles, or that they have a significant role in the concrete promotional activity.

(c) in the case of its emission by means of audiovisual communication, must, in addition, respect provisions applicable on self-promotion and commercial communications contained in the law 7/2010 of 31 March General Audiovisual Communication and, in particular the provisions of article 7 on the rights of the child. Similarly, special attention to the schedule of issuance of the activity of game advertising will pay and will take into account the qualification by age of the together programme which is issued or is inserted the same.

2 also the operator can perform promotional activities for the supply of games that sell and provide bonuses for registration or participation of the player provided that such practices: to) are not contrary to the provisions of the basic regulation or the rules governing the game.

(b) does not contravene the provisions in the law 34/2002, of 11 of July, services of the information society and electronic commerce and the law 7/2010 of 31 March General Audiovisual communication.

(c) do not alter the dynamics of the game.

(d) not to incite the confusion of the participant with respect to the nature of the game.

3 corresponds to the operator post on its platform of game conditions of application and period of validity of any promotional initiative that will develop, as well as the terms of the authorisation.

4. the Commission national of the game may limit the amount maximum of them initiatives promotional and bonuses to them participating developed by the operator, in them terms provided in the article 7 of the law 13 / 2011, of 27 of mayo, of regulation of the game, and in the normative by which is develop regulations the cited article.

5 gaming operators may offer applications of free game, in the terms provided for in the regulations of development of law 13/2011, may 27, of regulation of the game on their platforms.

Article 10. Channels and means of participation.

1. the participation in the game of punto y banca, in accordance with the provisions of article 1 of the law 13/2011, may 27, of regulation of the game, shall be carried out through electronic, computer, telematic and interactive, channels in which face-to-face means, if they exist, will have a character accessory.

Participation may be, also, through physical accessory terminals that operators can install, timely authorization issued for this purpose by the competent autonomous community because of the territory in which they intend to install terminals concerned, in accordance with the corresponding State and regional legislation in the field of gaming and betting. These accessories physical terminals shall have been previously approved by the National Commission of game and its installation may only be in physical locations where the relevant body of each autonomous community has authorized the game of baccarat.

2. the participation in the game of baccarat may be carried out using any mechanism, installation, equipment or system that produce, store or transmit documents, data and information, including any open or restricted as TV, Internet, fixed and mobile telephony communication networks or any other, or interactive communication, whether this in real time or delayed.

CHAPTER IV development of the game of point and banking article 11. Aim of the game of baccarat.

The objective of the game of Baccarat is to reach the sum of nine points or a sum that approaches them without going in a hand of cards and is greater than the value of the hand that plays the banking.

Banking and the point is played with six decks of 52 cards, excluding Jokers. The cards have the following value: to) the figures are worth zero points.

(b) the ACE has a value of one point.

(c) the remaining cards have their nominal value, except the ten, which has zero value.

Letters will be extracted from a recipient or supplier in a random order, established at the beginning of the session of the game and who is to appear on the special rules of the game. From this dealer, letters appear one by one.

The hand that play the player and the banking should follow always the rules established for the game in this regulation basic and in them rules particular of the operator.

Article 12. Limits on participation in the game of baccarat.

1. the amount of the minimum unit of participation in the game of baccarat will be established by the operator in the particular rules of the game, and expressed in euros.

2. the maximum amount of bets that a same participant can perform in each hand of the game of Baccarat is laid down in annex III to the present order. The maximum amount of bets to be covered banks determined by the maximum amount and the number of participants in the game.

3. the national game Commission may establish obligations to impose on operators the establishment of mechanisms that ensure the temporary limitation of the participation in the game.

Article 13. Participation in the game.

1. the participation in the game of point and banking is made by the medium or media established by the operator in their rules particular of the game between them referred in the number 2 of the article 10 of this regulation Basic.

2. them operators issued a communication at the end of each session of game, that should facilitate is to each participant by the same medium by which participated in the session, with the summary of them amounts bet and of them awards obtained.

3. them operators established in the rules particular of the game a forecast for them alleged of suspension, cancellation or postponement of them sessions or games. Also will establish the cases in that will proceed the maintenance or cancellation of them amounts played as consequence of them suspensions or postponements. In all case must ensure is the right to them awards that could have is retrieved by them participating in a split with previously that is forth his eventual suspension or cancellation. Equally, in the cases in which a participant disconnection occurs during the course of a hand, the operator shall ensure that hand is completed in accordance with the rules of the game and the particular rules of the operator, and will be paid the amount of the award to the participant or participants who have won it.

4. the full amount of participation in a session or hand of the game which, once formalized, void operator in application of their particular rules, will be returned or put at the disposal of the participants in the way established in these particular rules, always without any cost or additional obligation for the participants.

Article 14. Development of the game, determination and allocation of the prizes.

1. the game of baccarat will be developed in accordance with the provisions in this basic regulation, provisions which dictate the National Gambling Commission in development and on the particular rules of the game.

2. the session or ring game begins with random mixing of the cards and their placement in the Distributor. Each hand of cards will begin with the period from which the participants will have to make their bets. Performed once, the participant may have the start of the distribution of letters.

3. the rules particular of them operators must collect the right of all them players to access to the banking of form Rotary, as well as them cases in that will lose the right to continue with she and his step to the following player according to the order Rotary. Cases in which a participant may waive the right to be a banking should also be established.

4. the operator shall submit information on the amount of the bets of the participants and on who is the participant who is the player's hand.


5. so a game of baccarat can begin, will require the participation of at least two contenders with a maximum limit of 20. However, them operators of the game may include in their rules particular tables of game of point and banking in which a single participant can practice the game against the operator, that will adopt to all them effects the role of participant, without can book is for itself any type of privileges with regard to the other participant.

6. the hand of the participants and the hand of banking should be, in any case, according to the rules laid down for it in the basic regulation and in particular rules of the operators.

7. at the end of each hand, the results obtained in the hand of the participant and in the hand of the banks, with an indication of the total score, which amounts to each move will be displayed. If the winner of the hand is the Bank, the amount of the loss suffered by the participants will be displayed. If, by the contrary, the winner was the hand of the participant, is show the amount in money of the prize retrieved by each one of them participating. If we draw between the hand of the participant and the hand of banking, this circumstance and the amount of bets that are returned will be displayed.

8. the amount of them awards that fishing to them participating winners and their determination is held of conformity with it willing in this regulation basic and in them rules particular of the operator, and respect to their amount gross is detraerá the percentage of Commission on them awards that is find established in them cited rules particular. In those games that involved only a participant and the operator in the role of participant, the operator may not detraer Commission about the awards that can correspond to the participant, obtaining benefit only the amount of bets won.

Article 15. Payment of awards.

1. are creditors of them awards them participating that had formalized its participation in them games or sessions of point and banking and that, of conformity with the result of such games and them rules particular of the game, have result winners.

2. the operator is obliged to the payment of awards in the game from the end of each hand point and banking that originated them and proceed to the payment of awards to participating creditors on the terms and conditions set out in the specific rules of the game, we once, in its case, the Commission on awards established in its particular rules.

3. the operator shall make the payment of awards in accordance with provisions in the particular rules of the game and, failing that, by the same average employee for the payment of the participation. The payment of the prize in any case will mean cost u obligation additional to the participant award-winning.

The right to the payment of awards will expire within a period specified in the specific rules of the game which shall not be less than three months from the day following the end of the game in which the awards were originated.

4. the Commission national of the game will establish them procedures and the obligations additional that are precise in relation to the payment of them awards for the best protection of them participating and of the interest public.

ANNEX II limits of the guarantees linked to the unique license for the exploitation of the game's point and banking only.

The Commission national of the game, through resolution, will determine the amount of the warranty linked to the license singular for the development and exploitation of the game of point and banking and that is fixed between the seven and the twelve percent of them income net of the operator attributable to the activity subject to license singular in the year immediately preceding. These effects net income of the operator shall be read as set out in article 48.6 law 13/2011, may 27, of regulation of the game. Not the creation of security will be required during the initial period of outstanding licenses. He period initial of them licenses unique is computed in accordance with it established in the rules of development of the law 13 / 2011, of 27 of mayo, of regulation of the game, that is applicable.

ANNEX III economic limits on participation in the game of baccarat first. Limits of deposits.

He amount of them deposits made in it has of game is will adjust to them limits, that to the respect, set the Commission national of the game, in them terms provided in the law 13 / 2011, of 27 of mayo, of regulation of the game, and in its normative regulatory of development.

Second. Maximum amount of bets on each hand of the game of baccarat.

Sets a maximum amount of 30 euros for bets that a same participant can make, when not in possession of banking, in each hand of play point and banks that participate.

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