Here is the draft decision on online games prepared by the EHRC. We turn to the Middle Ages ... and the pirates rub their hands as some shorts do not see beyond their interests. Enjoy junta:
Greek Republic
INDEPENDENT ADMINISTRATIVE AUTHORITY
SUPERVISORY AND CONTROL COMMITTEE
(Ε.Ε.Ε.Π.)
University of 25
6th floor,
10564 Athens
Phone: 210- 3272700
Draft decision titled
"Subject matters governed by the Game Conduct and Control Regulation as regards the imposition of administrative penalties imposed in the case of the provision of gambling services conducted on the Internet without the required permission".
THE GAMES SUPERVISION AND CONTROL COMMITTEE (E.E.E.P.)
Taking into consideration:
1. The provisions of articles 16 and 17 of law 3229/2004 (A 38) in combination with the provisions of articles 25 to 54 of law 4002/2011 (A 180) and the provisions of article 52, paragraph 6 of Law 4021/2011 (A 218) and Article 7 of Law 4038/2012 (A 14), and additionally the provisions of Law 3051/2002 (A 220), according to which the Commission is, among others, responsible for supervising and controlling the conduct of online gambling and the imposition of administrative sanctions provided for by these provisions.
2. The provision of paragraph 5 of Article 54 of Law 4002 / 2011, as in force until the 1 Paragraph 29 of the Presidential Decree 4002 / 2011 (A 180) the Rules governing the conduct and control of games will be governed by a relevant decision of the Supervisory and Control Committee and the fact that the Presidential Decree has not yet been adopted.
3. 55906 / 1673 Number (444 56660) Decision of the Minister of Finance, which established the Company. and the number. 1679 / 2910 (B XNUMX) Joint Decision of the Ministers of Finance and Culture and Tourism on the certification of the commencement of the operation of the company.
4. The provisions of articles 45 to 49 in conjunction with the 12 paragraph of 50 article X.NUMX / 4002 (A 2011), which regulate gambling issues over the internet.
5. The 12 paragraph of 50 paragraph of X. 4002 / 2011 (A 180), in conjunction with the decision of the Minister of Finance POL 1248 / 2011.
6. The decision of the Commission with number 22/2/22 / 10.2012 on assuming the responsibility of imposing sanctions based on the provisions of paragraphs 1, 5 and 8 of article 51 in combination with the provisions of paragraphs 3 of article 48 and 4 of article 49 of law 4002/2011 (A 180), which was published in the Government Gazette.
7. The fact that there are urgent public policy reasons for protecting the public from money laundering, fraud and related crimes, especially minors and vulnerable groups, as well as urgent reasons for protecting the interests of the Hellenic Republic.
8. The suggestion of the President of Ε.Ε.Ε.Π from 10-12-2012.
9. The fact that this decision does not cause a burden on the State Budget and the Commission's budget.
It decides
Approves the following set of issues that are governed by the Game Conduct and Control Regulation as regards the imposition of administrative penalties imposed in the case of the provision of gambling services conducted on the Internet without the required license. These arrangements are as follows:
ARTICLE 1: PROHIBITIONS
The creation and operation of online gambling sites by non-licensees is prohibited. Conducting online gambling without the required license as well as the participation of players in them, are criminal offenses of article 52 of law 4002/2011 (A 180) and, in addition, bring the, provided by law and here, sanctions.
1.2 Internet service providers (ISPs) with registered office or registered office or permanent establishment in Greece in accordance with the general provisions of Law 2238 / 1994 are prohibited from allowing access to illegal gambling providers via the Internet whose websites they are listed in the black list maintained by the Company.
1.3 It is prohibited for credit institutions or payment institutions established and operating legally in Greece to make payments of participating amounts and payouts arising from participation in gambling in the accounts held by illegal online gambling providers, as referred to in in the relevant list (black list) kept by Ε.Ε.Ε.Π.
1.4 Any commercial communication activity of online gambling service providers who do not have the required license is prohibited. Carrying out commercial communication for games of chance that are conducted without a license constitute criminal offenses of article 52 of law 4002/2011 (A 180) and, in addition, bring about the sanctions provided by law and the present.
ARTICLE 2: NON-AUTHORIZED SERVICE PROVIDER
An unlicensed internet gambling service provider is the legal or natural person who posts on the internet and / or operates a website, by which such services are provided without the permission provided by Greek legislation. The technology used to provide access, as well as the equipment involved, does not affect the concept of an unlicensed service provider.
ARTICLE 3: NON-AUTHORIZED SUPPLY OF SERVICES
Unlicensed provision of online gambling services exists when it is possible to access the websites of a provider of such services not licensed by the Hellenic Republic, from an IP located in the Hellenic Territory. The location of the unlicensed provider and its equipment, as well as the ending of its web address, do not affect the meaning of the unlicensed service.
ARTICLE 4: CONDUCT OF INVESTIGATIONS AND CERTIFICATION OF VIOLATIONS
4.1 The services of Ε.Ε.Ε.Π. may conduct searches for sites that offer online gambling services without the required permission. As part of these investigations, they can request and receive relevant information from other public services, authorities and bodies as well as from any other suitable source. The Hellenic Police forwards to the Ε.Ε.Ε.Π. evidence and in general evidence gathered in cases where it detects the commission of criminal acts in connection with the conduct of online gambling without the prescribed permission, in order to impose the prescribed administrative sanctions.
4.2 Based on the above data, Ε.Ε.Ε.Π. compiles a list (black list), in which are registered the sites, from which the services of gambling are offered through the internet without the foreseen license. To register a site in the list (black list), it is enough for the site to be displayed on the internet and to offer one or more games of chance. The drafting and disclosure, according to the provisions of the law, of this list is independent from the imposition of the administrative sanctions provided by the law and the present.
4.3 By decision of the President of E.E.E.P., two-member authorized control levels are formed, by personnel serving in it. These scales have the power to verify the data in order to compile the list (black list) in which the sites are registered, from which gambling services are offered through the internet without the provided permission as well as of the infringements provided in the present, in order to be imposed the administrative penalties provided for.
4.4. Where the authorized steps for this purpose are found to be in compliance with the black list and / or an infringement as set forth herein, a report shall be drawn up, which shall indicate the time of the infringement, the website, the information provided to perform categories of games as well as the data of those who carried out the audit.
4.5. The black list, which is set up by the Company, as well as any decisions for the imposition of administrative sanctions, shall be forwarded, together with any other available information for the natural and legal persons registered to it, to the Services and Bodies of the Hellenic Republic and the judicial authorities, which are responsible for combating economic crime, tax evasion and money laundering.
4.6. The black list, which is set up by the Hellenic Public Accounts Company, is posted on its website and is sent to ISPs with registered office or registered office or permanent establishment in Greece in accordance with with the general provisions of Law 2238 / 1994, as well as credit and payment institutions that are legally established and operating in Greece to carry out their statutory activities.
4.7. Internet service providers (ISPs) with registered office or registered office of permanent administration or permanent establishment in Greece in accordance with the general provisions of Law 2238/1994, at the request of the E.E.E.P. transmit to it, without delay, the data of the persons who are responsible for the operation and management of the gambling sites without the foreseen license and are registered in the relevant list (black list).
ARTICLE 5: PROCEDURE FOR IMPOSING ADMINISTRATIVE SANCTIONS
5.1. After each certificate of violation, the E.E.E.P. invites the interested parties to provide explanations and then examines the case for the imposition or not of the legal administrative sanctions, in accordance with the procedure provided by its Internal Operation Regulation and Law 3051/2002, as in force.
5.2. Any kind of notifications, notifications, calls and performance by CGEP can be made electronically by sending a digital signature document to the site's contact point.
5.3. Decisions to impose administrative sanctions they are posted on the web site of the company. The fines are paid within one (1) month of being notified to the bank account of the Hellenic Bank. indicated in the enforcement decision. If the fine is not paid within the aforementioned period, it is certified and collected in accordance with the Code of Public Procurement.
5.4. In the event of a breach of a gambling agreement and a fine imposed on a gambling service provider via the internet due to the provision of these games without the required license to the Hellenic Republic, if the provider is licensed in another country, it is informed by the Hellenic Republic. for the competent authority to issue this license.
ARTICLE 6: FINES
The fines imposed by the decisions of the Hellenic Management for gambling on the Internet without the required license, are categorized by category and offense as follows:
6.1 FINES IMPOSED TO NON-AUTHORIZED SUPPLIERS
6.1.1. The posting and operation of a gambling service site without the required license posted on the internet, incurs a fine of twenty thousand (20.000) euros for each day of maintaining its posting, per category offered by the gaming site. As the day of keeping his post, and as an independent violation, means one visit of the control ladder to the site during the day. After confirming a total of seven (7) violations, continuous or not, the fine per day is doubled. Inviting the public to participate in online gambling without the intended permission of such games, through advertisements, invitation posts, bonus offers and other similar attraction techniques or other means of commercial communication, is an aggravating case, which entails an additional fine. per day, up to ten thousand (10.000) euros.
6.1.2. The participation of a minor in gambling carries a fine of one hundred thousand (100.000) euros per gaming session.
6.1.3. Or in any way, even by mass shipments or communications, personalized information of specific recipients, by telephone, via the Internet, by sending documents and / or memory sticks (memory sticks) or by any other means, for the promotion and / or Supporting their participation in online gambling conducted without a license, carries a fine of ten thousand (10.000) to two hundred thousand (200.000) euros per violation, depending on the gravity of the violation, the frequency and number of recipients.
6.2 FINES IMPOSED TO THIRD PARTIES OTHER THAN NON-AUTHORIZED BENEFITS
6.2.1. Providing commercial communications to online gambling providers that do not have the required license will cause a daily fine of twenty thousand euros (20.000) per offender per day of publication of the advertisement or disclosure of the communication.
6.2.2. Internet service providers (ISPs) with registered office or registered office or permanent establishment in Greece in accordance with the general provisions of Law 2238/1994, which allow access to illegal gambling providers via the Internet, as listed in the list (black list) maintained by Ε.Ε.Ε.Π. and / or who do not interrupt this access within fifteen (15) calendar days from the notification to those of the above list, a fine is imposed per day of non-interruption of access of fifty thousand (50.000) euros per unlicensed provider. After the confirmation of a total of seven (7) violations, continuous or not, the fine is doubled.
6.2.3. To players as IP-based players operating in the Greek Territory, in games offered and conducted by unlicensed providers, a fine of one thousand (1.000) euros per play session is imposed. If the player is a minor, a fine of ten thousand (10.000) euros shall be imposed on each person who has his or her legal guardianship.
ARTICLE 7: START OF POWER
The validity of this Act begins one month after its publication in the Government Gazette.
This is to be published in the Government Gazette.
Comments