Stability Law and Ctds regularisation: here is what will change with the new previsions for italian betting sector
What will happen, in betting field, with the entry into force of new rules of the Stability Law for 2015 and, above all, after the regularization that is proposed for the legalization of so-called 'Ctd' (data trasmission center)? In these hours a lot of people are asking this question, especially after the government's amendment of few days ago that is becoming law. For this reason GiocoNews.it asked to the lawyer Chiara Sambaldi, an expert of this subject, a comment about the measures proposed by the government and of the procedures which derive from that, with regard to some legal aspects that may be highlighted at this time.
Scritto da Alessio Crisantemi
"From the text of the amendment submitted by the Government on December 13, we can deduce that the owner of the shop, collecting bets without the required qualifying titles, must submit a commitment declaration to the tax regularization accompanied by: application for license concession ps ex art. 88 TULPS, request for connection to the national totalizator also by one of State concessionaires for bets collection, explicit signing commitment at Adm to regulate bets collection.
In the accompanying technical report we read that 'the perfection also provides for the release of Tulps and of the signing of a real connection contract to a legal concessionaire'.
The State Council, with final and irrevocable judgments, affirmed that the activity of the center that operates with the manner of the Data Transmission Center can not be authorized ex Art. 88 Tulps, as the company on behalf of which the center operates is not qualified in our system. The abstract qualification to manage a segment of bet system can only be a source of danger for public order if it is not qualified also the effective trader, who can use autonomous agents only if he is qualified.
It follows that the presentation of the amendment of the government, even in light of the principles established by the Court of Justice of the European Union, appears to be legally sustainable only if the Ctd, with its regularisazion, signs a contract of connection to an Adm concessionaire and not to another operator without this qualification even if, hypothetically, improperly covered by the term 'legal concessionaire' referred to the accompanying report.
Moreover, we have to notice that the above solution seems to be translated, albeit temporarily, in a legitimation of the operations through brokers with implications for the brockerage ban of art. DM 111 of 01/03/06, art. 2.5.
The regulation and regularization of concessionaire brokers (to obtain license from ps) could appear de iure condendo which would require, if we keep the licensing system with limited number, the determination of a maximum number of them for each concessionaire.
In other EU countries specific licenses are required also for brokers who get into a crime if they perform the activity without the appropriate title.
We should not underestimate the effects of such hypothetical solution regarding the strategies of foreign operators that don't want to adapt to the internal regulatory system, also in the 2016 view, and aim to break the licensying system through the principle of mutual recognition of the qualifying title issued by the authorities of the country of origin of the operator.
At the end we must notice that the right to collect bets of 'regularized' centers would derive from the Stability Law, held by themselves, so that the owners would not be classifiable as concessionaire managers.
If the text becomes law, we must wait for the implementing provisions that will be adopted with Decree of Adm. However, the tax regularization measures, provided in this way, appears suitable to make even more difficult the fight against the centers that do not agree to the offered option".