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Do³±czy³: 03 Gru 2023
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 Wys³any: Nie Gru 03, 2023 07:21 Temat postu: The rules that will govern the call for general licenses fo |
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Law 13/2011, of May 27, on the regulation of gambling, establishes the regulatory framework for gambling activity, in its different modalities, which is developed at the state level in order to guarantee the protection of public order, fight against fraud, prevent addictive behavior, protect the rights of minors and safeguard the rights of participants in the games. The exercise of gaming activities regulated by the aforementioned law is subject to prior obtaining of the corresponding enabling title, establishing article 10 of Law 13/2011, of May 27, on the regulation of gaming, that "the granting of licenses General regulations for the exploitation and commercialization of games will be carried out by the National Gaming Commission, prior to the appropriate call for a procedure that will comply with the principles of publicity, competition, equality, transparency, objectivity and non-discrimination, and that will be governed by the document of bases that, at the proposal of the National Gaming Commission, is approved by the head of the Ministry of Economy and Finance and that will be published in the "Official State Gazette." In accordance with the provisions of the tenth additional provision of Law 3/2013, of June 4, creating the National Commission of Markets and Competition, the General Directorate of Gambling Regulation of the Ministry of Finance and Public Administrations assumes the object, functions and powers that Law 13/2011, of May 27, regulating gaming, attributes to the defunct National Gaming Commission.
In application of the previous legal precepts, the proposal for the specifications was made by the General Directorate of Gambling Regulation of the Ministry of Finance and Public Administrations through a Resolution dated July 31, 2014. In said Resolution, the General Directorate of Gambling Regulation Juego considers it appropriate to promote this new call for general licenses based on the time that has elapsed since the previous call, the receipt of various formal requests to open the online gaming market at the state level from different national and international entities, the approval of the Ministerial WhatsApp Number List orders that approve the basic regulations of two new types of games such as crossed bets and online gambling machines at state level since there are no reasons for the protection of minors, prevention of gambling addiction phenomena or protection of the participant in the games that justify not proceeding with the new call. Furthermore, the General Directorate of Gaming Regulation does not consider it appropriate to size the gaming offer that is the subject of this call by limiting the number of gaming operators and, therefore, all those operators that meet the requirements demanded therein may obtain a general license . . Given the aforementioned Resolution, this Ministry shares the motivations collected by said General Directorate that justify the new call for the procedure for granting general licenses for the exploitation and commercialization of games, as well as the general conditions under which the development of said call is proposed, reflected in the document of bases that accompanies the proposal.
Without prejudice to the foregoing, the definitive specifications approved by this Ministerial Order, which reproduces for the most part the one proposed by the General Directorate of Gaming Regulation, introduces several modifications, of a non-substantive nature, with respect to the draft of the specifications published together with the Resolution promoting the call for a new procedure for granting general licenses published in July. These modifications refer, essentially, to the following: Firstly, the obligation to constitute a guarantee on the part of the applicants is clarified, exempting from such obligation, in the terms established in the specifications, the gaming operators who have already established it, with the exception of the operators of contests, based on the provisions of Annex I of Royal Decree 1614/2011, of November 14, which implements Law 13/2011, regulating gaming, in relation to licenses, authorizations and registrations of game, in which the exact amount of the guarantee is established both for the initial period and for the remaining periods of said guarantee. Secondly, the obligation to attach to the application for the enabling title the necessary power to present it through the electronic registry is introduced for those cases in which the person who signs the application is not the legal representative of the entity.
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