iGB Affiliate 51 JunJul | Page 80

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 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 will come into force on 28 June 2015. While operators will have the ability to apply for licences (that the government hopes to start issuing by the end of 2015) their Portuguese revenue streams will be subject to comparatively high tax rates, particularly sports betting, the subject of a 8 - 16% tax on turnover. There is no deadline for the licensing window and no limit on the number of licences that may be issued. 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 76 iGB Affiliate Issue 51 JUNE/JULY 2015 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 by way of an emergency ordinance on 13 February, and has now been passed by the Romanian Parliament (on 6 May 2015) and signed off by the Romanian President (on 28 May 2015). Secondary legislation, setting out the details and requirements for licensing, was notified to the European Commission in April, and will be subject to a three month standstill period due to expire on 10 July 2015. Once implemented, operators will be able to apply for licences and continue to trade during a transitional period, currently expected to end 1 August. The proposed amendment includes a requirement for operators to pay a retrospective tax of 20% of GGR generated from Romanian players since end of 2010, 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 race betting, casino, poker, bingo and lottery. Operator Type: Private operators can apply for licences for all gambling products save for lottery. Status: The first online licences were issued on 1 June 2012. Under the law, online gambling operators must hold a general licence and a specific licence for each gambling activity from the National Gambling Commission. Spain opened the licensing window for new applicants to enter the market. In June 2015, 10 new online licences were awarded to new operators, the first new licensees since the market opened in 2012. In addition, 25 online slot permits were issued to new and existing licensees, following the approval of the regulation of slots and betting exchanges. SWEDEN Regulated Gambling Products: Sports betting, horse race betting, poker, bingo and lottery. Operator Type: Only public benefit organisations, the horseracing industry and the state lottery may obtain a licence. No local licences for private operators. Status: The Swedish government is under pressure to update its iGaming regulations. The commencement of infringement proceedings by the EC appeared to mobilise the Government but recent statements have suggested that updated regulation to permit private operators to obtain a licence may not emerge in the short-term. An inquiry commissioned by the government has recently proposed amendments to the Lotteries Act which would remove the differences between the sanctions imposed on the advertising from unlicensed foreign operators and unlicensed domestic operators. The Government recently confirmed it has earmarked the funds required to conduct an investigation into reforming the law with a view to potentially opening the market to private operators in due course. No official timetable has been published.