Message 001
Communication from the Commission - TRIS/(2024) 3225
Directive (EU) 2015/1535
Notification: 2024/0656/BG
Notification of a draft text from a Member State
Notification – Notification – Notifzierung – Нотификация – Oznámení – Notifikation – Γνωστοποίηση – Notificación – Teavitamine – Ilmoitus – Obavijest – Bejelentés – Notifica – Pranešimas – Paziņojums – Notifika – Kennisgeving – Zawiadomienie – Notificação – Notificare – Oznámenie – Obvestilo – Anmälan – Fógra a thabhairt
Does not open the delays - N'ouvre pas de délai - Kein Fristbeginn - Не се предвижда период на прекъсване - Nezahajuje prodlení - Fristerne indledes ikke - Καμμία έναρξη προθεσμίας - No abre el plazo - Viivituste perioodi ei avata - Määräaika ei ala tästä - Ne otvara razdoblje kašnjenja - Nem nyitja meg a késéseket - Non fa decorrere la mora - Atidėjimai nepradedami - Atlikšanas laikposms nesākas - Ma jiftaħx il-perijodi ta’ dewmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Nu deschide perioadele de stagnare - Nezačína oneskorenia - Ne uvaja zamud - Inleder ingen frist - Ní osclaíonn sé na moilleanna
MSG: 20243225.EN
1. MSG 001 IND 2024 0656 BG EN 04-12-2024 BG NOTIF
2. Bulgaria
3A. Министерство на икономиката и индустрията,
дирекция "Европейски въпроси и законодателство на ЕС за стоки и услуги",
ул. "Славянска" № 8, 1000 София,
Tel.: +359 2 940 7336, +359 2 940 7522
3B. Министерство на финансите,
Дирекция "Данъчна политика", отдел "Процесуално законодателство"
ул. "Г. С. Раковски" № 102, 1000 София,
Tel.: +359 2 9859 2881,
m.turlakov@minfin.bg
4. 2024/0656/BG - H10 - Games of chance
5. Amendment of the Regulation on the Conditions and the Procedure for Registration and Identification of Participants, the Storage of Data Related to the Organised Online Betting on the Territory of the Republic of Bulgaria, and for Submission of Information on Gambling to a Regulator’s Server
6. Transmission of gaming information by operators to the regulator for the purpose of compliance with legislation
7.
8. In view of the increased volume of data submitted by gambling operators via XML reporting, an increasing risk of technical failures related to large data packet traffic has been identified. In this regard, a new field has been added in Annexes 3, 4, 5, and 7 entitled ‘Sequence number of the part of the file submitted’.
On the other hand, there is a recognized need for unification in the submission of data by gambling operators operating in other jurisdictions and those located entirely in Bulgaria, particularly regarding the time of day registered for the data submission. Currently, there is a discrepancy in the time settings used for XML reports submitted to an NRA server by gambling operators, which poses a risk of incorrect interpretation of the information. In this regard, a field entitled ‘EET/EEST time zone’ has been added to Annexes 1, 2, 3, 3A, 4, 5, 6, 7, 7A, 8.
In order to update the information submitted to the NRA server by gambling operators, a need has been identified for clarification regarding the status of completed events that have subsequently been cancelled as a result of a change that occurred during or after the completion of an event. For this purpose, Annexes 3A and 7A have been added to Articles 8 and 9 of the Regulation on submitted data on cancelled events, providing that data on cancelled events should be submitted at the end of the reporting period. In the Annexes, the field ‘Operation status’ has been added, containing a complete list of the returned operation statuses set out in the XSD data exchange scheme published on the NRA website, as required by the Regulation.
An addition has been made meaning that the data on ongoing events should be submitted to the NRA server after receiving the request in the CCS of the gambling operator. The latter data should be uploaded to the NRA server before the event is completed, as there is currently a delay in the submission of the data, which does not meet the objectives of this functionality.
An addition is foreseen in order to ensure seamless access to the Control local server for gambling operators in the course of control proceedings. For the purposes of control proceedings and for the verification of the information submitted to the NRA server, the organisation of the real-time control betting by or under the supervision of an NRA authority on platforms of online gambling operators is regulated (new Article 15a).
A change is envisaged in order to synchronise a provision of the Regulation with a provision of Regulation No. H-4 of 11 February 2021 on the circumstances subject to registration, the conditions and procedures for keeping and maintaining the registers under the Gambling Act, as well as the electronic services provided.
Changes are envisaged to specify the steps to be followed in the procedures for the approval of systems for the automated submission of information on gambling to an NRA server.
The cases where gambling operators who submit data to the NRA server should submit a request for approval of systems for automated submission of information on gambling to an NRA server are also specified.
The actions of the gambling operators and the regulator in relation to the verification of automated data submission to the NRA server in cases where a change in the issued license is made, related to the increase or replacement of gaming software in accordance with Article 38 of the Gambling Act, are also regulated.
9. During the three-year period of application of the Regulation, there has been a dynamic development in the market for gambling activities, especially in the field of online gambling. As a result, the volume of data that online gambling operators submit to the regulator as required by the Regulation has significantly increased. This creates a risk of technical failures associated with traffic of large data packet. With the practical implementation of the Regulation, there arose a need to adjust the technical requirements for gambling operators, such as unification in the submission of data by gambling operators operating in other jurisdictions and those located entirely in Bulgaria, with respect to the time of day, clarification with respect to the status of completed events that are subsequently cancelled as a result of a change that occurred at the time or after the completion of an event, specifying the steps to be followed in the procedures for the approval of systems for automated submission of gambling information to a server of the regulator.
The specificity of online gambling, which is not subject to requirements for the availability of premises and staff for receiving bets and whose systems and servers are in many cases located outside the territory of the country, also results in the need for effective methods of control by the NRA in order to ensure compliance with the requirements of the Gambling Act and its implementing regulations, including the application of the rules of this Regulation. In this regard, the draft proposes that when check bets are made in online gambling, after disclosing to the gambling operator that a check bet has been made, the operator should refund the amount bet to the NRA, and if a profit is made, it shall not be paid.
10. References of the Basic Texts: Basic Texts have been forwarded within the framework of previous notifications:
2020/0796/BG
11. No
12.
13. No
14. No
15. No
16.
TBT aspects: No
SPS aspects: No
**********
European Commission
Contact point Directive (EU) 2015/1535
email: grow-dir2015-1535-central@ec.europa.eu
