iGB Affiliate 50 AprMay | Page 64

POLAND Regulated Gambling Products: Sports betting and horse race betting. Operator Type: Licences are only available for companies with a local establishment. Status: New legislation enacted on 1 January 2012 only permits betting and only four licences have been granted to local companies (Fortuna, Milenium, STS and Totolotek). Recently published amendments to Poland’s Gambling Act remove the requirement to incorporate a separate Polish limited liability or joint stock company, making it easier for offshore operators to obtain betting licences. Further, the draft amendments also permit the organisation of numeric games online (only relevant for Totalizator Sportowy which has the monopoly) and online poker. The EU standstill period, which was extended for a further month following the receipt by Poland of a Detailed Opinion from the European Commission (EC) expired on 6 March. The Polish government will now consider whether to make further changes to the draft law, in light of comments received from the Commission, or pass it without amendment (risking further infringement actions). In November, in an increased effort to narrow the grey market, the Polish government initiated more than 1,100 criminal investigations against players using unlicensed gambling sites, who face up to three years’ imprisonment. PORTUGAL Regulated Gambling Products: Sports betting, horse race betting, poker, casino, bingo, lottery. Operator Type: Monopoly for all products, but changes imminent. Status: Portugal’s online gambling legislation was passed by Parliament in late February and, at the time of writing, awaits the confirmatory signature of the President . While operators will have the ability to apply for licences (that will be issued in the latter part of 2015) their Portuguese revenue streams will be 62 iGB Affiliate Issue 50 APR/MAY 2015 subject to comparatively high tax rates, particularly sports betting, the subject of a 8 - 16% tax on turnover. ROMANIA Regulated Gambling Products: Mutual horse racing, mutual sports betting and lottery. Operator Type: Regulation pending Status: The Romanian government passed legislation at the very end of 2014 that allows entities within the EU to apply for a licence, imposes a reform on licence fees and eliminates many (but not all) of the tax burdens placed on player revenues. The law came into force on 13 February, but still needs to be signed off by the Romanian Parliament. Secondary legislation, setting out the details and requirements for licensing, was notified to the EC in April, and will be subject to a three-month standstill period due to expire on 10 July 2015. Once implemented, operators will be entitled to apply for licences and continue to trade during a transitional period, currently expected to end on 1 August. The proposed amendment includes a requirement for operators to pay a retrospective tax of 20% of GGR generated from Romanian players, however confusion still exists around the time period for which the tax would be applied. SLOVAKIA Regulated Gambling Products: Sports betting, horse race betting, poker, casino, bingo, lottery. Operator Type: All products are operated by the monopoly save that landbased sports betting operators can offer services online due to a legal loophole. Status: No developments are anticipated in the short term. SLOVENIA Regulated Gambling Products: Sports betting, horse race betting, poker, casino, bingo, lottery. Operator Type: Online gambling must be operated by land-based casinos or lotteries and, as a result, only the monopoly holds online licences in Slovenia. Status: Slovenia has published a new draft gambling law but it seeks to reserve its restrictive position on gambling. The law has not yet been voted on in parliament and a timeline for implementation is unclear. SPAIN Regulated Gambling Products: Sports betting, horse