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Order Eha/3090/2011, On 8 November, Which Approves The Basic Type Of Games Called "complementary Games" Regulation.

Original Language Title: Orden EHA/3090/2011, de 8 de noviembre, por la que se aprueba la reglamentación básica del tipo de juegos denominado "Juegos Complementarios".

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TEXT

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.

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 the type of games called "Complementary Games".

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.

The bases of a regulation aimed mainly at the protection of the participants and the interests of a public nature that converge in the activities of the game, in particular the protection of minors and dependent persons, 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 "Complementary Games".

The basic regulation of the type of games called "Complementary Games", state-wide, which is listed as Annex I of this Order, is approved. 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 amounts of guarantees linked to the singular license for the exploitation of "Complementary Games".

The limits corresponding to the amount of guarantees linked to the singular license for the exploitation of the type of games called "Complementary Games", which are listed as Annex II of this Order, are approved.

Article 3. Economic limits to participation in "Complementary Games".

The economic limits are approved for participation in the type of games called "Complementary Games", which are listed as Annex III of this Order.

Final disposition first. Authorization to the National Gaming Commission.

1. The National Gaming Commission is hereby authorised to lay down the provisions necessary for the development and application of this Order, and in particular for the modification of the amounts laid down in Annex III accompanying it.

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 the type of games called "Complementary Games".

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

Supplementary Games "Supplementary Regulations"

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 "Complementary Games" rules.

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 "Complementary Games".

Article 11. Objective of the "Complementary Games".

Article 12. Amount of participation in "Complementary Games".

Article 13. Participation in "Complementary Games".

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

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 of the type of games referred to as the "Supplementary Games", as well as in the drawing up and drawing up its own rules, without prejudice to the powers of the Autonomous Communities in relation to the planning and regulation of games and bets developed in person in person public dedicated to recreational activities.

These "Complementary Games" will not be the sole offer of the operator, and will always be offered in the operators ' computer applications as a complement to the other games they market.

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. "complementary Games". Type of games in which games of different nature are included (which combine chance with skill and skill, culture and knowledge, etc.), and which have the common denominator that their practice is not based solely on obtaining economic profit, but in it predominates the fun they provide.

This type of games shall not include those which, by virtue of the characteristics and the conditions under which the consignments, hands or plays are held, permit or facilitate a repetitive participation that originates from the game in question. function with a dynamic that distorts the nature of the games exposed in the previous paragraph.

2. Game session. Development event of a Complementary Game that starts, develops and ends in accordance with the particular rules of the game in question.

3. Game, hand or hand: It is each one of the spins, send, hands of cards or, in general, lances from which a session of "Supplementary Games" is composed.

4. Banking: This is the name of the operator in the gaming session.

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

6. Catalogue of "Complementary Games". It is the set of games of the type "Complementary Games" that an operator markets or intends to market, in which they will appear as indispensable part, the particular rules of each of the games that compose it.

7. Game session suspended. It is understood by session suspended game to the game that, once initiated, has been interrupted before reaching its scheduled end. Suspended items can offer valid results if it is set out in the particular rules of the game.

8. Game session cancelled. It is understood by session of the game cancelled to the game that, for reasons other than the operator of the game and the participants, it does not come to be held or, being celebrated, its results are not considered in the game.

9. Play session postponed. It is understood by session of play postponed to that game that, for reasons other than the operator of the game and the participants, it does not start at the time programmed for it. The deferred departure, unless the particular rules of the game establish the opposite, implies the postponement of the results of the game.

CHAPTER II

Enabling titles

Article 3. Required enabling titles.

Operators interested in the development and exploitation of "Complementary Games" shall have a general licence for the modality of other games, as defined in Article 3 (f) of Law 13/2011 of 27 May. Regulation of the game, granted by the National Gaming Commission and request and obtain the corresponding unique license for the marketing of "Complementary Games", in accordance with the procedure established to the effect in the regulations The development of Law 13/2011, of May 27, of regulation of the game.

Article 4. Validity and extension of the singular license.

1. The special licence for the development and operation of the 'Complementary Games' shall be extended for a period of five years, on application by the person concerned, for successive periods of the same duration, until the general licence is extinguished. the one that is loved.

2. The application for the extension of the singular license shall be addressed to the National Gaming Commission during the last year of its validity and at least four months in advance of the date of its completion, with the following proof:

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 establish the obligation to provide an additional guarantee related to the granting of the singular license for the development and exploitation of "Complementary Games".

The National Gaming Commission, if applicable and by resolution, will determine the amount of the guarantee linked to the unique license for the development and exploitation of "Complementary Games" that will satisfy all the 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 "Supplementary Games" is affected by the general obligations of the operator and, in particular, the specific obligations of the credit awards. "Complementary games" operated by the operator and to the fulfilment of any other obligation which, in relation to the corresponding singular license, has been imposed on him by the National Commission of the Game, respecting in his case the provisions of Article 77 of Law 58/2003, of 17 December, General Tax in the framework of the Article 14 of Law 13/2011, of May 27, of regulation of the game and its regulations 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 "Complementary Games" rules.

1. The development and exploitation of "Complementary Games" will be governed by this Basic Regulation, by the provisions that in the development of the same dictate the National Commission of the Game, by the terms of the singular license granted and by the rules details of each set drawn up and published by the operator.

2. The development and exploitation of "Complementary Games" requires the prior publication of its particular rules, which are private in nature and are developed by the gaming operator, without prejudice to the Commission's supervisory powers. National of the Game.

In the particular rules, the rules of the Supplementary Game shall be established, developed and operated by the operator, the coefficient, formula or arithmetic rule corresponding to the calculation of the participant's earnings, and the principles governing the relations between the operator and the participants.

3. The special rules for "Complementary Games" must be published by the operator on their website and, by means of techniques appropriate to the means employed, must be accessible to the participants on a permanent, easy and free basis.

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 complaints shall be that laid down in the particular rules of the game which shall not be less than three months from the date of the sitting or the departure of the "Supplementary Games" in which the participate.

The operator shall issue a communication addressed to the claimant, in which he shall acknowledge receipt of his complaint and in which he shall record 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 date of the awards shall be suspended 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 about the prizes that the participant would have obtained, about the amount that he has played, as well as the balance of his/her game account, in the assumptions in which the participation is made through a registration of user.

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

The information relating to the game, its name and form of presentation shall be offered in such a way as to avoid any similarities with any other games or to induce the confusion of the participant in relation to the nature of the game.

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 of Electronic Commerce and Law 7/2010, of 31 March, 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. Participation in "Complementary Games", 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 which 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 accessories must have been previously approved by the National Gaming Commission and their installation can only be performed in those physical locations where the corresponding organ of each Autonomous Community has at least one of the following games: Black Jack, Roulette, Punto and Banking, or Poker.

2. Participation in "Complementary Games" may be carried out using any mechanism, installation, equipment or system that allows to produce, store or transmit documents, data and information, including any communication networks open or restricted such as television, Internet, fixed and mobile telephony or any other, or interactive communication, either in real time or in deferred time.

CHAPTER IV

Development of "Complementary Games"

Article 11. Purpose of "Complementary Games".

The objective of each Complementary Game will be defined in its particular rules. In no case may their objective be partial or totally coincident with the objective of any of the types of games that have their own regulation dictated in accordance with the provisions of Law 13/2011, of May 27, of regulation of the game.

The rules of the games should be as objective as possible, minimizing the discretion of the game operator in their application.

Article 12. Limits to participation in "Complementary Games".

1. The amount of the minimum unit of participation in "Complementary Games" shall be that established by the operator in the particular rules of each game. In no case shall this minimum unit of participation exceed the quantity laid down in the second paragraph of Annex III to this Order. This amount shall be expressed in euro.

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

Article 13. Participation in the game.

1. The participation in "Complementary Games" shall be carried out by means or means established by the operator in its particular rules of the game from among those referred to in Article 10 (2) of this Basic Regulation.

2. Operators shall issue a communication at the end of each gaming session, which shall be provided to each participant by the same means by which he played in the session, with the summary of the amounts wagered and the prizes obtained.

3. Operators shall establish in the particular rules of the game a forecast for the assumptions of suspension, cancellation or postponement of the sessions or items. It shall also establish the cases in which the quantities played as a result of the suspensions or deferrals shall be maintained or cancelled. In any event, the right to prizes which may have been obtained by the participants in a party prior to the suspension or cancellation of the award shall be guaranteed. Similarly, in cases where a participant's disconnection occurs during the course of a hand, departure or circulation, the operator shall ensure the right to prizes which may have been obtained by the participants with prior to any disconnection, and even to those prizes that may be drawn in a hand, left or run without the active intervention of the disconnected participant.

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

Article 14. Game development, award determination and allocation.

1. The "Complementary Games" operators will draw up their "Complementary Games" Catalogue, which will feature all the games of this type that they intend to market, along with the particular rules of each individual game. This "Complementary Games" Catalogue must be notified to the National Gaming Commission at least 15 days in advance of its marketing start date.

The National Gaming Commission may, in the view of the Catalogue, provide a reasoned agreement on the suspension of the game or, where appropriate, to urge the operator to make any changes that are necessary to ensure the protection of the participants. The National Gaming Commission shall be particularly interested in preventing games or bets from appearing in the "Supplementary Games" Catalogue which do not meet the definition of "Supplementary Games" as set out in Article 2 of the Treaty. Basic Regulations, and/or that, by name, nature, rules or mechanics, correspond to games of some kind defined individually in the Spanish Regulations on current games.

The same procedure will govern for the introduction of some new game in the "Complementary Games" Catalog of an operator.

An operator in no case will be able to offer "Complementary Games" that are not in the notified Catalog.

2. Each of the "Complementary Games" will be developed in accordance with what is established in this Basic Regulation and in the particular rules of that particular game.

3. At the end of each hand, item or print, the results obtained by the participant or the participants, including the bank, will be displayed. Likewise, at each moment of the game in which a prize, a bet or an economic send is settled, the amount in money obtained by the participants and by the bank will be shown, if it is involved.

4. The amount of prizes that correspond to the winning participants and their determination shall be made in accordance with the provisions of this Basic Regulation and the particular rules of the operator.

5. The maximum amount to which the set of prizes, which may be obtained in a set of hands, items or tie-ins to be awarded by a winner, may not exceed the amount set out in the paragraph third of Annex III to this Order. To these effects and achieved the collection which, in accordance with the particular rules of the game in question and in function either of the percentage that the operator goes to prizes or of the pre-established coefficients to be established, allows offer the above maximum amount, the operator will terminate the incorporation of new entrants, limit the amounts to be allocated to the game or will match the type of bets they intend to make.

Article 15. Payment of prizes.

1. The participants who have formalised their participation in the "Supplementary Games" games or sessions are creditors of the prizes and who, in accordance with the outcome of those games and the particular rules of the game, have winning results.

2. The operator is obliged to pay the prizes obtained in the game since the end of each hand of the "Complementary Games" that originated them and will proceed to the payment of the prizes to the participating creditors in the terms and conditions fixed in the particular rules of the game.

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

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

4. The 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 "Complementary Games"

Unique.

The National Gaming Commission will, by resolution, determine the amount of the guarantee linked to the singular license for the development and exploitation of "Complementary Games" and that will be fixed between the three and the seven by (a) of the operator's net income attributable to the activity subject to a single licence in the year immediately preceding the 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 to Participation in "Complementary Games"

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. Maximum amount of the minimum unit of participation in "Complementary Games".

The maximum amount of the participation per item of "Complementary Games" is set to one euro.

Third. Limitation of the amount of prizes in "Complementary Games".

The maximum amount to which the set of prizes can be promoted that could be obtained by a participant in a hand, game or spin, or in a set of them concatenated to settle a winner, is set at forty times the amount of the bet or payment made effective for the participation.