he new law, which was approved by the House of Representatives last May 12th, creates a new tax system for online betting and establishes a system of licenses for operators that wish to operate in Spain, as well as a series of guarantees to protect under-aged and people with gambling problems.
From now on, it will be opened the deadline for operators to apply for one of the new licenses to develop new Internet business, or, it the case of betting houses that are already operating in Spain with venues in other countries, to legalize their situation, because once the transitional period has passed (until January, 1, 2012, or until the first resolution or until the first resolution on a granting of a license has been published), all betting houses with illegal betting sites will be sanctioned.
Licenses will be granted towards an open and controlled system, which will have to renew each year and a half. Besides, the license can be rejected by the Administration if it is considered that the operator damages the under-aged protection, leads to criminal behaviours, fraud or money laundering.
The law also creates a specific tax system for the activities which are subject to regulation of this law, which will tax the authorization, celebration and organization of the different gaming activities, which may be operated by authorized operators. Lottery activity will not be subject to the new “Tax on Gaming Activities”.
The temporary regime that will be in force until January 1, 2012 or until the first resolution of a granting of a license has been published, will not be applied with regards to the previous taxes considered in the Law.
As autonomous communities have been transferred the gaming policies, the law creates the Council of Gaming Policies, collegiate organ which will assure the participation of the autonomous communities in subjects such as gambling regulation, licenses and technical systems of control of operators.
Besides, the norm defines the different types of gaming, establishes the requirements that each of them will have to comply and sets prohibitions, both subjective and objective, which will have influence on the activities subject of regulation.
In order to control that all the regulation is complied and to dictate the sanctions related to the operators that do not respect the rules, the Law considers the creation of a National Gaming Commission (CNJ), whose members will have to be chosen from now on. The law establishes that the president and the councellors will be named by the Government, through a Royal Decree, proponed by the head of the Ministry of Economy, among prestigious people with professional competence, previous appearance of the people proposed as president and councils before the corresponding Commission of the House of Representatives.
The mandate of the President and CNJ councils will be of six years without the chance to be reelected as member of the council. The renovation of the councellors will be made partially in order to boost the stability and continuity of the council.