Notification Detail

Act No... of... amending certain acts concerning the organisation of remote gambling

Notification Number: 2022/66/HU (Hungary )
Date received: 03/02/2022
End of Standstill: 04/05/2022 ( 04/06/2022)

Issue of detailed opinion by: Malta
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Message 002

Communication from the Commission - TRIS/(2022) 00338
Directive (EU) 2015/1535
Translation of the message 001
Notification: 2022/0066/HU

No abre el plazo - Nezahajuje odklady - Fristerne indledes ikke - Kein Fristbeginn - Viivituste perioodi ei avata - Καμμία έναρξη προθεσμίας - Does not open the delays - N'ouvre pas de délais - Non fa decorrere la mora - Neietekmē atlikšanu - Atidėjimai nepradedami - Nem nyitja meg a késéseket - Ma’ jiftaħx il-perijodi ta’ dawmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Neotvorí oneskorenia - Ne uvaja zamud - Määräaika ei ala tästä - Inleder ingen frist - Не се предвижда период на прекъсване - Nu deschide perioadele de stagnare - Nu deschide perioadele de stagnare.

(MSG: 202200338.EN)

1. Structured Information Line
MSG 002 IND 2022 0066 HU EN 03-02-2022 HU NOTIF


2. Member State
HU


3. Department Responsible
Igazságügyi Minisztérium
EU Jogi Megfelelésvizsgálati Főosztály - Műszaki Notifikációs Központ
H-1055 Budapest, Nádor u. 22.
E-mail: technicalnotification@im.gov.hu


3. Originating Department
Miniszterelnökség
Jogi, Kodifikációs és Koordinációs Főosztály
Kodifikációs Osztály
H-1055 Budapest, Kossuth tér 2-4. III/5.


4. Notification Number
2022/0066/HU - H10


5. Title
Act No... of... amending certain acts concerning the organisation of remote gambling


6. Products Concerned
Remote gambling as betting organised exclusively by means of communication devices and systems


7. Notification Under Another Act
-


8. Main Content
According to the draft, remote gambling will be included in the so-called liberalised gambling sector. This will end the current monopoly of the public gaming operator to organise remote gambling.

Economic operators established in the European Economic Area will be able to organise remote gambling on the basis of a licence issued by the Gambling Supervisory Authority. The draft does not limit the number of licences that can be issued.

The draft excludes the granting of a licence to operators who have organised gambling without a licence in an EEA State during the ten years preceding the application. A licence to organise remote gambling shall be lost if the organiser commits such an act while it is valid.

According to the draft, a remote gambling operator may only accept bet deposits by transfer from the player's payment account held with an authorised payment service provider, by online payment by credit card using the payment card linked to such account or, if the Gambling Supervisory Authority allows it in the approved game plan, at its point of sale or betting office, and may make payments by transfer to such account of the player. At the same time, the new legislation stipulates that a company established for the purpose of organising gambling activities may only have a payment account if it confirms it has been authorised to organise gambling with a licence issued by the Gambling Supervisory Authority.
The draft does not result in any change in the technical and information technology conditions for the organisation of remote gambling, the organisers entering the market as a result of liberalisation will have to comply with the current technical and IT parameters required for organising remote gambling, as prescribed by Act XXXIV of 1991 on gambling operations and in SZTFH Decree No. 20/2021 of 29 October 2021 on the implementation of tasks relating to the authorisation, management and monitoring of certain types of gambling.

The draft contains codification clarifications concerning the statutory rules applicable to online casinos, without affecting their existing content.


9. Brief Statement of Grounds
The draft aims to review the regulation on the organisation of remote gambling in the light of the case law of the Court of Justice of the European Union on gambling, in particular to comply with the judgements of the Court of Justice of the European Union in the Unibet case C-49/16 and the Sporting Odds case C-3/17 concerning the Hungarian online gambling regulation.

In a liberalised online betting market, several private companies compete with each other, so there is a risk of encouraging excessive gambling rather than maximising the principle of responsible gaming. Therefore, the draft aims to liberalise remote gambling by emphasising player protection aspects and by introducing guarantee regulatory elements protecting the interests of players.

In order to enforce the requirements of responsible gaming organisation and player protection, the related public health, public order, public safety and social policy aspects, the guarantees for the professional and safe conduct of gambling, the draft – in addition to the detailed rules laid down in the regulation of the President of the Gambling Supervisory Authority – provides for a minimum initial (share) capital for licensing remote gambling, experience gained in organising remote gambling and/or online casino gaming, and delegates to the President of the Gambling Supervisory Authority the power to issue regulations determining the maximum duration of the licence and the minimum amount of security to be provided by the remote gambling operator.

According to the current legal provisions, the President of the Authority has the regulatory power to establish detailed rules on the licensing and control over the organisation of remote gambling, the personnel, technical and economic prerequisites and conduct of remote gambling, and the conditions of participation in remote gambling. The legal status of the Supervisory Authority of Regulatory Affairs, acting as a gambling supervisory authority with the power to issue regulations as an independent regulatory body, allows for a rapid response to market developments and regulatory needs, not only in the field of public authority law enforcement but also in the field of legislation. In view of this, the draft proposes to regulate elements not requiring a legislative level in the decree of the President of the Supervisory Authority of Regulatory Affairs.


10. Reference Documents - Basic Texts
Reference(s) to basic text(s): - Act XXXIV of 1991 on gambling operations, affected by the following notifications: 2012/560/HU, 2013/25/HU, 2013/85/HU, 2013/86/HU, 2015/470/HU, 2017/582/HU
- Act C of 2003 on electronic communications
- Act LXXXV of 2009 on the pursuit of payment services business
- Act CL of 2016 on general public administration procedures
- Act XXXII of 2021 on the Supervisory Authority of Regulatory Affairs


11. Invocation of the Emergency Procedure
No


12. Grounds for the Emergency
-


13. Confidentiality
No


14. Fiscal measures
No


15. Impact assessment
-


16. TBT and SPS aspects
TBT aspect

No – the draft is neither a technical regulation nor a conformity assessment procedure.

SPS aspect

No – the draft is neither a sanitary nor a phytosanitary measure.

**********
European Commission

Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir2015-1535-central@ec.europa.eu

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