Message 001
Communication from the Commission - TRIS/(2023) 2155
Directive (EU) 2015/1535
Notification: 2023/0448/CZ
Notification of a draft text from a Member State
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MSG: 20232155.EN
1. MSG 001 IND 2023 0448 CZ EN 14-07-2023 CZ NOTIF
2. Czechia
3A. Úřad pro technickou normalizaci, metrologii a státní zkušebnictví
Biskupský dvůr 1148/5
110 00 Praha 1
tel: 221 802 212
e-mail: eu9834@unmz.cz
3B. Ministerstvo financí
odbor Procesní agendy a regulace hazardu / odd. Regulace hazardu
Letenská 15, 118 10 Praha 1
e-mail: loterie@mfcr.cz
4. 2023/0448/CZ - H10 - Games of chance
5. Act amending certain Acts in connection with the consolidation of public budgets.
6. Devices through which gambling games are operated and the operation of gambling games.
7.
8. The notification concerns Part Fifty-three of the draft Act amending certain Acts in connection with the consolidation of public budgets.
The draft amendment to Act No 186/2016 on gambling, as amended (hereinafter referred the 'Gambling Act') reflects the conclusions of the analysis of the Regulatory Impact Assessment of the Gambling Act and related legislation (hereinafter the 'ex post RIA'), the experience with the application of the Act to date and other suggestions for changes to the regulation of gambling. The purpose of the ex post RIA was a comprehensive review and evaluation of the new gambling regulation legislation effective from 2017. In the framework of the ex post RIA, the fulfilment of the objectives and principles of regulation of gambling games was evaluated and the potential recommendations for its future development were identified. In particular, the Gambling Act needs to be amended in the light of these recommendations, past experience and technological progress. The proposed legislation can be divided into the following areas.
The first area is a more effective blocking of on-line gambling games without the necessary permit. In the draft amendment to the Gambling Act, there is a departure from the current definition of targeting websites offering gambling games to persons residing in the Czech Republic. Newly, any gambling game that is accessible in the Czech Republic would be considered to be operated in the territory of the Czech Republic. At the same time, in addition to websites that offer gambling without the necessary authorisation, it will be possible to block applications and platforms offering or facilitating illegal gambling. Under the proposal, it will also now be possible to block websites and applications whose essential purpose is to cause, enable, facilitate or conceal a breach of the ban on the operation of a prohibited online game.
The next area involves deposits. The draft amendment to the Gambling Act regulates the concept of deposits, which will now be divided into four bands. The basic criterion for determining the amount of the deposit will be the most recent final gambling tax assessment. An objective and fair determination of the amount of the deposit, as with a higher volume of activity the operator has to post a higher deposit to cover any arrears. At the same time, the riskiness of the various types of gambling games is also taken into account and reflected in the tax rate. This system of deposits also guarantees automatic valorisation.
The third area is registration and user accounts. The draft Act newly stipulates the obligation for the gambling operator to register a player within the scope of a totaliser game not operated as an internet game, thereby increasing the protection of players. Foreigners who do not reside in the Czech Republic will now also be able to participate in internet gambling games. This will level the conditions between on-line gaming and land-based operations, where foreigners can participate in gambling games. The draft Act also includes the abolition of temporary accounts for land-based technical games. Under the current version of the Act, user accounts for land-based technical games were set up for persons who are not citizens of the Czech Republic for a maximum period of 90 days. After the abolition of temporary user accounts, this restriction will no longer apply and the conditions for persons who are not citizens of the Czech Republic will be the same as for those who are citizens of the Czech Republic. At the same time, administrative burden will be reduced.
The next area focuses on protecting players. The draft amendment to the Gambling Act provides for a new instrument for player protection, a so-called means for exclusion of participation in gambling (Panic Button). According to the draft, operators of land-based technical games and gambling games operated via the Internet will be obliged to display in a visible place the ability to activate a Panic Button, which will result in the immediate exclusion of participation in the gambling game for 48 hours, i.e. the player will be prevented from betting during this period with all gambling operators. When the Panic Button is used, the gambling operator must at the same time offer the player the opportunity to register through the user account in the register of excluded persons at their own request (for at least one year). Such entry in the register of excluded persons must newly be accessible to the player himself within the user account of the internet game or in the gaming area. The draft Act also adds the possibility to have the withdrawal period extended upon request, during which the excluded person cannot be deleted from the register of excluded persons. At the same time, the cirlcle of persons entered in the register of excluded persons is extended to include persons involved in enforcement proceedings.
The fifth area is the Live Dealer Game, which introduces the possibility to operate an on-line live game as a Live Dealer Game, i.e. a game against a croupier, where the game is transmitted to the player via live broadcast (currently, games against a software gaming system are available in lieu of on-line games against a croupier).
The last area is further amendments to the Gambling Act that are intended to increase legal certainty for the subjects concerned. These include, for example, a more precise definition of individual types of gambling and other terms, the additions to the rules and conditions for the payment of winnings, a more comprehensive regulation of the creation and termination of user accounts or the regulation of self-exclusion measures. Furthermore, certain conditions that need to be fulfilled in order for a permit to be issued, e.g. the requirement of a financial stability, which will contribute to increased stability of gambling operators, will be clarified, since the current general definition of the requirement for the amount of own resources did not guarantee sufficient funds available at the operator.
Part Fifty-thee of the draft Act that is the subject of the notification contains references to European legislation:
- Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive
- Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and Directives 2009/138/EC and 2013/36/EU 2006/70/EC.
Keywords: Gambling games, Devices through which gambling games are operated, User Account, Unauthorised Internet Games, Authorisation Process, Player Protection
9. The presented amendment to the Gambling Act responds to experience and problematic areas from practice, and to the technological development.
Social, economic and technical/technological conditions have changed since the adoption of the existing gambling regulation. The proposed amendment to the Gambling Act takes these changes into account and at the same time responds to experience and problematic areas from practice, to the technological developments, market demand and to the situation in the area of illegal operation of gambling games.
In view of these changes, it is necessary to make partial amendments to the legislation leading to an increase in the efficiency of the instruments in question, greater legal certainty, to a qualitative improvement in the protection of the player, i.e. the basic meaning and purpose of this regulation, and to a reduction in the administrative burden on the stakeholders.
10. References to basic texts:
B-2023-0448-HU-01
The basic texts were forwarded within an earlier notification:
2020/0464/CZ
11. No
12.
13. No
14. No
15. Yes
16.
TBT aspects: No
SPS aspects: No
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European Commission
Contact point Directive (EU) 2015/1535
email: grow-dir2015-1535-central@ec.europa.eu
