The new technical rules on amusement devices without cash winning have been sent to the European Commission in Brussels.
The wait is over. Or rather, now there is the community stand still, that is the three months (expiring on May, the 17th) during which the member states or the European Commission itself will be able to express opinions or observations. In the meantime, the expected draft of technical rules for production, import and test of amusement machines without cash winning pursuant to art.110 paragraph 7 of the Royal Decree of 18 June 1931, n. 773 and subsequent modifications (Tulps) has been sent to Brussels.
THE CONTENT - The draft Decree, consisting of 4 chapters divided into 3 articles, defines the technical characteristics for production, import and test of amusement machines without cash prizes referred to in Article 110, paragraph 7, of Royal decree 18 June 1931, n. 773 and subsequent modifications (Tulps). Articles 1, 2 of Chapter 1 and Article 13 of Chapter 4 respectively contain the purposes, the nomenclator with the definitions of terms and devices used in the decree and the rules on entry into force and abrogations. Chapter 2, made of 10 articles, contains to articles 3, 4, 5, 6 and 7 the technical rules for the production of devices, defining the minimum requirements, as well as the specific additional requirements required for each type of device, as defined in the nomenclator referred to in the previous article 2. On the other hand, articles 8, 9 and 10, dictate the requirements and details regarding the technical documents that must accompany each model of device, as well as the obligations of keeping, storing and updating the maintenance and application register on the devices with plates containing warnings, information and classifications of the device itself. Finally, Chapter 3 makes the rules for the technical test of the devices by the certification bodies, as well as the purposes of the checks to be carried out to obtain the homologation referred to in article 38, paragraph 3 of the law of 23 December 2000, n. 388.
THE REASONS - As recalled in the notification sent to Brussels, Article 104 of Legislative Decree no.104/2020, converted by law 13 October 2020, n.126 provides for an amendment to Article 110, paragraph 7-ter of the Tulps on the subject of amusement machines without cash winning. In particular, it provides that "...by provision of the director of the Agenzia delle Dogane e dei Monopoli (the Italian gaming regulator), to be issued within nine months from the date of entry into force of this provision, in order to ensure the prevention of risks associated with gambling, the technical rules for the production of the devices referred to in paragraph 7 are defined, as well as their administrative regulation, including the numerical parameters of devices installed in the offer points, as defined by current legislation". The rules currently in force, dating back to 2005, must necessarily be adapted to make them appropriate to the enormous technological developments that have occurred in the meantime, but also to the different sensitivity gained towards specific types of gaming and, above all, to counter the spread and proliferation of the so-called "totem”, fake devices with no cash winning or that simulate other technological services (for example phone cards) but which are actually devices with completely illegal cash winning. The provision, much awaited by the entire Amusement sector, defines the requirements of the individual types of devices provided for by article 110, paragraph 7 of the Tulps, clarifying the operating methods, the minimum requirements, the necessary technical-administrative documents, the gaming mechanisms, the certification rules and will form the basis for the subsequent decree of the Minister of Economy, which will define the flat-rate tax base for the related applicable tax. The Draft Decree provides for the specific regulation of the so-called electromechanical devices and in compliance with an aim of simplifying procedures, it provides for some types of devices lighter and more immediate certification rules. It also fills a gap by defining the perimeter of the so-called devices. That is to say, ticket redemptions issuing tickets at the end of the game. Moreover, the draft decree for the first time defines and regulates the possibility of network connection of the devices and introduces the obligation of the Pegi classification, or equivalent system.