Message 002
Communication from the Commission - TRIS/(2021) 00619
Directive (EU) 2015/1535
Translation of the message 001
Notification: 2021/0097/I
No abre el plazo - Nezahajuje odklady - Fristerne indledes ikke - Kein Fristbeginn - Viivituste perioodi ei avata - Καμμία έναρξη προθεσμίας - Does not open the delays - N'ouvre pas de délais - Non fa decorrere la mora - Neietekmē atlikšanu - Atidėjimai nepradedami - Nem nyitja meg a késéseket - Ma’ jiftaħx il-perijodi ta’ dawmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Neotvorí oneskorenia - Ne uvaja zamud - Määräaika ei ala tästä - Inleder ingen frist - Не се предвижда период на прекъсване - Nu deschide perioadele de stagnare - Nu deschide perioadele de stagnare.
(MSG: 202100619.EN)
1. MSG 002 IND 2021 0097 I EN 16-02-2021 I NOTIF
2. I
3A. MINISTERO DELLO SVILUPPO ECONOMICO
Direzione generale per il mercato, la concorrenza, il consumatore, la vigilanza e la normativa tecnica
Divisione VI - Normativa tecnica - Sicurezza e conformità dei prodotti
00187 Roma - Via Sallustiana, 53
tel. +39 06 4705.5340 - e-mail: ucn98.34.italia@mise.gov.it
3B. Agenzia Dogane Monopoli
Direzione Giochi
Ufficio Apparecchi da intrattenimento
Roma
4. 2021/0097/I - H10
5. Draft technical regulation on the production, import and verification of entertainment machines without cash prizes as referred to in Article 110(7) of Royal Decree No 773 of 18 June 1931, as amended (TULPS)
6. Entertainment machines without cash prizes as referred to in Article 110(7) of Royal Decree No 773 of 18 June 1931, as amended (TULPS)
7. -
8. The draft decree, consisting of four chapters divided into three articles, lays down the technical characteristics for the production, import and verification of entertainment machines without cash prizes referred to in Article 110(7) of Royal Decree No 773 of 18 June 1931, as amended (TULPS).
Articles 1 and 2 of Chapter 1 and Article 13 of Chapter 4, respectively, contain the aims, the nomenclature with the definitions of terms and machines used in the decree and the rules on entry into force and repeals.
Chapter 2 is made up of 10 articles, and Articles 3, 4, 5, 6 and 7 set out the technical rules for the production of machines, laying down the minimum requirements applicable to them as well as the specific additional requirements required for each type of machine, as defined in the nomenclature referred to in Article 2. Articles 8, 9 and 10 establish the requirements and details regarding the technical documents that must accompany each machine model, as well as the obligations to keep, maintain and update the maintenance record and to affix to the machines plates displaying warnings, information and machine ratings.
Finally, Chapter 3 lays down the rules for the technical verification of machines by certification bodies, as well as the aims of the checks to be carried out to obtain the type approval referred to in Article 38(3) of Law No 388 of 23 December 2000.
9. Article 104 of Legislative Decree No 104/2020, converted by Law No 126 of 13 October 2020, amends Article 110(7b) of TULPS regarding entertainment machines without cash prizes.
In particular, it provides that ‘... in order to prevent risks associated with gambling, the technical rules for the production of the machines referred to in paragraph 7 shall be laid down by order of the director of the Customs and State Monopolies Authority, to be issued within nine months of the date of entry into force of this provision, together with the administrative regulations applicable to them, including the numerical parameters of machines that may be installed in delivery points, as defined by current legislation’.
The rules currently in force, dating back to 2005, must be amended to take into account the huge technological advances that have occurred in the intervening period as well as the new awareness that has developed regarding specific types of games and, above all, to counter the spread and proliferation of ‘totems’, which are fake machines with no cash prizes or machines that simulate other technological services (such as telephone top-ups) but which are in fact machines with completely illegal cash prizes.
The provision, much awaited by the entire amusement sector, lays down the requirements for the individual types of machine provided for by Article 110(7) TULPS, clarifying their operating methods, minimum requirements, the technical/administrative documentation required, the gaming mechanisms and the certification rules; it will form the basis for the subsequent decree of the Minister for the Economy that will set the flat-rate tax base for the relevant tax applicable.
The draft decree lays down specific regulations for electromechanical machines and, with the aim of simplifying the procedures, specifies some less onerous and more immediate certification rules for some types of machine. It also closes a gap by defining the scope of ‘ticket redemption’ machines, i.e. machines that issue coupons at the end of a game.
In addition, the draft decree defines and regulates for the first time the possibility of networking machines and introduces mandatory use of PEGI ratings or an equivalent system.
10. Reference(s) to basic text(s): - Interdepartmental Decree No 133/UDG of the Ministry of Economy and Finance - Independent Authority for the Administration of State Monopolies, in agreement with the Ministry of the Interior - Department of Public Security of 8 November 2005: corresponding to the final text of Notification 2005/0136/I
- Article 110(7) of Royal Decree No 773 of 18 June 1931, as amended (TULPS): enclosed in ‘Other texts’;
- Article 38 of Law No 388 of 23 December 2000: enclosed in ‘Other texts’;
- Explanatory report: enclosed in ‘Other texts’.
11. No
12. -
13. No
14. No
15. -
16. TBT aspect
No - the draft has no significant impact on international trade.
SPS aspect
No - the draft is neither a sanitary nor phytosanitary measure
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European Commission
Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir2015-1535-central@ec.europa.eu
