Message 001
Communication from the Commission - TRIS/(2026) 1562
Directive (EU) 2015/1535
Notification: 2026/0291/ES
Notification of a draft text from a Member State
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MSG: 20261562.EN
1. MSG 001 IND 2026 0291 ES EN 12-06-2026 ES NOTIF
2. Spain
3A. Departamento de Presidencia, Justicia y Cultura del Gobierno de Aragón
3B. Departamento de Hacienda, Interior y Administración Pública
4. 2026/0291/ES - H10 - Games of chance
5. Decree approving the General Gambling Regulation of the Autonomous Community of Aragon
6. The regulation governs and regulates all games and betting, the entities involved, and the related economic activities.
7.
Directive (EC) No 2006/123 on services in the internal market
Obligation to adopt a specific legal form
In some subsectors, companies are required to be incorporated as public limited companies (Sociedad Anónima), which is generally applicable to all economic operators, regardless of their nationality, Member State of establishment, or registered office.
This measure does not establish direct or indirect differences in treatment between Spanish operators and operators established in other Member States of the European Union. Any entity adopting this corporate form in accordance with applicable commercial law may access the market.
The measure responds to overriding reasons of public interest related to the protection of consumers and users, the prevention of fraud and money laundering, the guarantee of public order, and the protection of minors and vulnerable groups from the risks associated with gambling.
The requirement for operators in certain subsectors to adopt the corporate form of a public limited company strengthens the guarantees of transparency, economic solvency, financial stability, and corporate control.
The requirement is considered proportionate to the objective pursued, as it constitutes an appropriate measure to guarantee a sufficient level of solvency, organisational stability, and transparency in the corporate structure of operators.
The public limited company structure entails specific requirements regarding share capital, liability regime, registration, corporate supervision, and the functioning of the governing bodies; elements that facilitate administrative control and the traceability of the activity.
Furthermore, the measure does not prevent access to the market for operators from other Member States, who may carry out the activity through entities established in accordance with equivalent forms provided for in their respective legal systems or through the corresponding corporate adaptation.
It is considered that there are no less restrictive measures equally effective in achieving the level of guarantee and control required in an economic activity that is especially regulated and subject to intense public oversight.
8. The draft decree approves the General Gambling Regulations of the Autonomous Community of Aragon, integrating and systematising into a single text the regulations applicable to the different forms of gambling and betting carried out within the territory of Aragon.
The regulation aims to update, simplify, and harmonise the existing regulatory framework, incorporating measures for administrative simplification, safe gambling, user protection, and improved administrative control and inspection mechanisms in a sector subject to intense public intervention for reasons of public order, child protection, and public health.
Furthermore, the regulation adapts the existing regulations to the amendments introduced by Law 9/2023 of 23 March, and develops measures aimed at strengthening the protection of vulnerable groups and preventing risks associated with gambling.
9. The draft regulation systematises and integrates previously scattered regulations into a single text, introducing measures for administrative simplification and procedural clarification aimed at improving legal certainty, administrative efficiency, and regulatory coherence.
The regulation also incorporates specific measures on responsible gambling and the protection of users, in line with the Autonomous Community of Aragon’s Fourth Addiction Plan (2025–2028), as well as certain regulatory measures concerning gambling machines installed in hospitality establishments, justified by the need to strengthen protection against the risks associated with gambling.
9a. The measure is appropriate for achieving the intended objectives of protecting public order, preventing fraud, protecting consumers and users, protecting minors and vulnerable groups, and ensuring the orderly and safe conduct of gambling activities.
The draft contributes to these objectives through:
the integration and systematisation of existing regulations into a single legal text;
the clarification and simplification of administrative procedures;
the strengthening of safe gambling measures;
the improvement of control, inspection, and administrative oversight mechanisms;
and the specific regulation of certain aspects with particular social impact, such as gambling machines installed in hospitality establishments.
The regulation pursues these objectives coherently and systematically within the regional regulatory model for the gambling sector, characterised by the requirement for administrative authorisations, registration control, technical approval, administrative inspection, and specific measures for the protection of users.
Furthermore, the draft incorporates administrative simplification measures, such as standardising deadlines, reducing required documentation, and using self-declarations in certain procedures, thus helping to minimise the administrative burden on economic operators.
9b. Law 9/2023, of 23 March, amending Law 2/2000, of 28 June, on Gambling in the Autonomous Community of Aragon, in its second final provision, establishes that the department responsible for gambling in the Autonomous Community of Aragon must carry out the necessary regulatory harmonisation and compile the various regulations into an updated General Gambling Regulation.
9c. The restrictions and administrative burdens arising from the regulation are considered proportionate to the importance of the public interest objectives pursued and the risks associated with gambling.
The regulation establishes control and oversight mechanisms appropriate to the sector's particular social and economic sensitivity, while simultaneously seeking to minimise the administrative burden on economic operators by simplifying procedures, reducing documentation, and harmonising administrative processes.
The regional government considers that the benefits derived from protecting public order, preventing addictive and fraudulent behaviour, protecting minors and vulnerable groups, and improving legal certainty more than compensate for the limited impact the regulation may have on access to and participation in the economic activity.
The absence of updated and systematic sector-specific regulations would hinder the effectiveness of administrative control functions and could increase the risks associated with gambling, especially regarding the protection of users and vulnerable groups.
10. References to the basic texts: There are no basic texts
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
