Decree No. 433 / 2021 Coll.
Decree on exit documents in the field of gambling
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Order
Effective from 01.01.2022
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433
DECLARATION
of 24 November 2021
on exit documents in the field of gambling
The Ministry of Finance provides pursuant to Paragraph 133 (1) (c) of Act No. 186 / 2016 Coll., on gambling, as amended by Act No. 527 / 2020 Coll.:
EXPORT DOCUMENTS OF THE COMPETENT ASSESSMENT AND CERTIFICATE
GENERAL PROVISIONS
Subject matter
(1) This decree regulates the requirements for the minimum requirements of the exit document and the provision of the exit document to the authorities in the field of gambling.
(2) An exit document for the purposes of this Decree means:
(a) expert assessment;
(b) a certificate of operability;
(c) a registration mark; and
(d) the report on the assessment of changes.
Language
The output document is issued in Czech.
Output Document Identifier
(1) The output document with the exception of the registration mark is assigned an output document identifier.
(2) One assigned identifier can never be assigned to another output document.
(3) In the case of incorrect assignment of the identifier, a new identifier shall be assigned to the correction document. Section 4 of Annex No 1 to this Decree shall not apply.
(4) The identifier is composed of the parts referred to in Annex 1 to this Order in the order in which they appear. The individual parts of the identifier shall be separated by a coupling.
Relationship of the output document to the basic expert assessment
The output document shall monitor the fate of the basic expert assessment to which the output document relates. The output document referred to in § 1 (2) (a) to (c) shall expire at the latest on the last day of this basic expert assessment.
Corrective output document
(1) An amending exit document may be issued with the exception of a registration mark, which monitors its fate. No corrective exit document can be issued for the corrective exit document.
(2) An corrective output document may not be issued for the professional assessment of an installation for which an updated expert assessment of the installation has been issued.
(3) The provisions on the exit document that it corrects shall apply mutatis mutandis to the corrigendum.
(4) In the corrective exit document, the authorised person shall indicate the modified, supplemented or deleted content as opposed to the exit document which he fixes, so that the original content remains clear.
COMMERCIAL ASSESSMENT
Expert assessment
(1) The expert assessment demonstrates compliance with the parameters laid down in the Gaming Act for the establishment through which the gambling is to be operated or for the part of the establishment which is:
(a) gambling;
(b) an independent random number generator,
(c) terminal equipment with regard to the self-standing part of the device;
(d) technical equipment which, together with a server used to manage activities pursuant to Section 5 of the Gambling Act and to store financial and game data (hereinafter referred to as "server"), forms an functionally indivisible whole with a pre-identifiable number of end devices directly operated by the betting operator, where the end device is not functional when disconnected from the server and cannot be used separately;
(e) a technical device transmitted by live games which, together with the server, form a functionally indivisible whole, including equipment located in the studio, with the exception of a random number generator;
(f) part of the technical equipment referred to in (e).
(2) The expert assessment may be issued as a professional assessment
(a) equipment; or
(b) components.
(3) The expert assessment may be issued as:
(a) a basic professional assessment which is a professional assessment other than an updated professional assessment; or
(b) an updated expert assessment, which is a technical assessment containing changes compared to one previously issued a valid expert assessment from the same delegate or his legal predecessor from which the mandate for professional assessment and certification (hereinafter referred to as the "prior professional assessment").
(4) An updated expert assessment of an installation may not be issued for a professional assessment of an installation for which another updated expert assessment of the installation is already issued.
(5) The validity and content of the previous expert assessment are not affected by the issuance of an updated expert assessment.
Subject matter and content of the expert assessment
(1) The subject of the expert assessment of the establishment shall be the assessment of the establishment through which the gambling is to be conducted, together with all its components.
(2) The subject of the expert assessment of the component is an assessment of the individual component.
(3) The technical assessment of an installation may not contain a description of the progress of the assessment of an individual component where:
(a) its assessment is the subject of an expert assessment of the component to which it is referred in the expert assessment of the installation;
(b) a summary of the conduct of the assessment of the component according to the expert assessment of the component referred to in (a) is included in the expert assessment of the installation; and
(c) ensure that this expert assessment of the establishment as a whole demonstrates compliance with the various parameters laid down in the Gaming Act for the establishment through which the gambling is to be operated, together with all its components.
(4) In the case of the procedure referred to in paragraph 3, reference may be made only to the professional assessment of the component or part thereof containing the separate or separable assessment of the component, provided that it is valid at the date of issue of the professional assessment of the installation. This does not apply to the reference to the professional assessment of the component contained in the part of the professional assessment of the installation which is unchanged from the previous professional assessment of the installation.
(5) The expert assessment shall include the items set out in Annex 2 to this Order in the order in which they appear.
CERTIFICATE OF OPERATIBILITY AND MARKETING AUTHORISATION NOTE
Operational certificate and subject matter and content
(1) The certificate of operability is:
(a) an extract from the professional assessment of the establishment in the case of the establishment through which the gambling is to be carried out;
(b) a document declaring the parametric conformity of a stand-alone random number generator with the random number generator type specified in the expert assessment of the installation; or
(c) a document declaring the parametric conformity of the terminal equipment, whether stand alone or not, with the type of terminal equipment specified in the expert assessment of the device.
(2) The certificate of operability contains the entries in Annex 3 to this Order in the order in which they appear.
Registration mark and its contents
(1) The registration mark is issued for a stand-alone random number generator and terminal equipment together with the certificate of operability relating thereto and monitors its fate.
(2) A registration mark shall be reissued with an operational repair certificate only if the indication given on the previously issued registration mark is different from that given on the repair certificate. Where a single distinct indication is the identifier referred to in paragraph 3 (e), a new registration mark shall be issued only if the procedure laid down in paragraph 3 (3) is followed.
(3) The registration mark shall contain:
(a) the text "Registration mark,"
(b) the designation of the authorised person;
(c) the serial number of the terminal device or the random number generator, or any other similar identification mark, if they do not have a serial number;
(d) the number of game positions and their production numbers, in the case of terminal equipment equipped with more than one game position; and
(e) the identifier and the date of expiry of the operability certificate or repair certificate with which it is issued.
(4) The registration mark must bear a protective holographic element and a protective fluorescent element.
(5) On the registration mark, the font which must:
(a) be clearly legible; and
(b) have a minimum size of 2 mm.
AMENDMENT ASSESSMENT REPORT
Change assessment report and its content
(1) The change assessment report demonstrates that during the period considered,
(a) only a small scale change has been made and all changes made have been a small scale change in total;
(b) a change has been made which is not a minor change;
(c) changes have been made which are not a minor change in their overall nature; or
(d) there has been no change.
(2) The change assessment report contains the items listed in Annex 4 to this Decree in the order in which they appear.
PROVISION OF THE OUTSIDE DOCUMENT
Remote access to the entrusted person's repository
(1) The exit document, with the exception of the registration mark, shall be provided by the delegate to the authority performing the administration in the field of gambling by secure remote access to the storage of the exit documents of the delegate.
(2) Access data to remote access referred to in paragraph 1 shall be transmitted by the authorised person:
(a) the Ministry of Finance,
(b) the customs authorities of the Czech Republic through the Directorate-General for Customs,
(c) to the municipal office on request transmitted through the Ministry of Finance.
(3) Access data which are not allocated to a natural person shall be transmitted by the delegate to the body referred to in paragraph 2 (a) and (b) without undue delay from the date on which the mandate for professional assessment and certification is acquired. Where access data to remote access as referred to in paragraph 1 are allocated to a natural person, the authorised person shall invite the Ministry of Finance and the Directorate-General of Customs without undue delay from the date of the acquisition of the legal authority of the mandate for professional assessment and certification to communicate the name of the list of official persons to whom the access data are to be transmitted. Within 5 working days of the date of notification of the list of official officials, the authorised person shall transmit access data to those persons.
(4) For the transmission of the access data to the municipal office, paragraph 3 shall apply mutatis mutandis, with the time limits running from the request referred to in paragraph 2 (c).
(5) The authorised person shall transmit new or amended access data within 5 working days of their request to the authority executing the public administration in the field of gambling or to the official concerned.
(6) The delegate and the authority performing the administration in the field of gambling shall provide themselves with the necessary synergies in the transmission of access data.
Content of the repository of the authorised person
(1) The expert assessment and the change assessment report shall be provided in electronic form as a data file with a text layer allowing searches containing their
(a) the original; or
(b) a document resulting from the transfer of the original to an electronic document contained in that data file in a manner ensuring compliance of the original content with that document if the original is in paper form.
(2) A certificate of operability shall be provided by making available data at least on:
(a) the date of expiry, the unique identifier and the date of issue of the operational certificate;
(b) the serial number of the terminal device or the random number generator or any other similar identification mark, unless they have a serial number; and
(c) the unique identifier of the expert assessment under which it was issued.
(3) The remote access referred to in Article 11 (1) shall allow for the search for expert assessments, review reports or data pursuant to paragraph 2, on the basis of any of the following:
(a) the serial number of the terminal device or the random number generator or any other similar identification mark, unless they have a serial number;
(b) the output document identifier or part thereof;
(c) the period during which the output document is issued, with an accuracy of at least one day, month and year;
(d) whether the output document is valid;
(e) the name of the client;
(f) the client's identification number or any other similar number allocated abroad;
(g) the distinguishing code in the output document identifier.
(4) A list of all exit documents relating to one basic expert assessment shall also be provided in the repository of the authorised person pursuant to Article 11. The exit documents in this list shall be linked by cross-references.
(5) In the list referred to in paragraph 4, the individual output document shall include:
(a) the identifier;
(b) the designation,
(c) the date of issue;
(d) the expiry date; and
(e) a list of corrective exit documents, indicating the date of their issue.
Time of delivery of the output document
(1) The authorised person shall provide the output document in the storage site of the authorised person's exit documents within 3 working days of its issue.
(2) The authorised person shall provide the output document in the repository of exit documents for the period of its validity and for a period of 5 years from the date of expiry.
TRANSITIONAL AND FINAL PROVISIONS
Transitional provisions concerning conditions of professional assessment and certification
If this decree is contrary to the condition of professional assessment and certification set out in the mandate for professional assessment and certification issued before the date of entry into force of this decree, that decree shall not apply to the extent of that condition. This does not apply to the condition of professional assessment and certification that:
(a) the output document is issued pursuant to Decree No. 439 / 2016 Coll., as effective before the date of entry into force of the Decree;
b) the output document in a foreign language shall provide an officially certified translation into the Czech language,
(c) issue an operability certificate for a shorter period, unless it is possible to guarantee the operability of the installation or its separate part for as long as the operability certificate can be issued;
(d) issue the registration for the server; or
(e) specify the duration of the provision of the output document in the output document repository.
Transitional provisions concerning exit documents
(1) For the professional assessment issued before the date of entry into force of this decree, the certificate of operability issued on the basis of this professional assessment and the registration mark issued under this certificate of operability shall apply Decree No. 439 / 2016 Coll., as effective before the date of entry into force of this decree. The authorised person may, within 2 months of the date of entry into force of this Order when the professional assessment is issued, the certificate of operability issued on the basis of this professional assessment and the registration mark issued under this certificate of operability, act in accordance with Decree No. 439 / 2016 Coll., as effective before the date of entry into force of this Order, if the assessment has been initiated before the date of entry into force of this Order.
(2) Paragraph 11 (1), (12) and (13) shall apply to the professional assessment and the operational certificate referred to in paragraph 1. This does not apply to professional assessments and operational certificates issued before the date of entry into force of this Order which are not valid at the date of entry into force of this Order.
(3) The authorised person who has been given a mandate for professional assessment and certification before the date of entry into force of this decree may, by the date of the establishment of the repository of output documents under this decree, but no later than 6 months after the date of entry into force of this decree, provide the output document including the output document referred to in paragraph 1 by means of a secure remote access to the repository of output documents under Section 3 of Decree No. 439 / 2016 Coll., as effective before the date of entry into force of this decree. Article 3 (1), (2) and (4) of Decree No 439 / 2016 Coll., as effective before the date of entry into force of the Decree, shall apply mutatis mutandis to the report on the assessment of amendments.
(4) The deadline for the transmission of the access data or for the call for notification of the name list of official persons referred to in Article 11 (3) in the case of an authorised person who has been given a mandate for professional assessment and certification before the date of entry into force of this decree shall begin to run from the date of entry into force of that decree. In the case of the procedure referred to in paragraph 3, this period shall start to run on the day of the entry into force of the repository of exit documents under this decree, but not more than 6 months after the date of entry into force of this decree.
(5) For the purposes of issuing an updated expert assessment, the expert assessment referred to in paragraph 1 shall be regarded as a basic expert assessment under this Decree. At the latest on the date of issue of the updated expert assessment, the authorised person shall assign him a basic expert assessment identifier. Section 2 of Annex 2 to this Decree shall not apply to the first updated expert assessment issued for this basic expert assessment.
(6) For the purposes of Paragraph 7 (3) and (4), the professional assessment referred to in paragraph 1, which demonstrates compliance with the various parameters laid down by the Gaming Act for the component to the extent appropriate to the expert assessment of the component under this Decree, shall be regarded as a professional assessment of the component.
Transitional provision concerning registration marks
The authorised person may issue a registration mark not exceeding 1 year from the date of entry into force of this Order, which does not fulfil the conditions laid down in paragraphs 3, 4 and 9 (5) (b), if it is produced before the date of entry into force of this Order. It shall issue such a registration in accordance with the conditions of professional assessment and certification set out in the mandate for professional assessment and certification.
Repeal
Decree No. 439 / 2016 Coll., on the minimum requirements for professional assessment and certification exit documents and on their provision to the public authorities in the field of gambling operations, shall be repealed.
Efficacy
This Decree shall take effect on 1 January 2022.
Minister of Finance:
JUDr. Schiller, Ph.D., v. r.
Příloha č. 1
Annex No 1 to Decree No 433 / 2021 Coll.
Parts of the output document identifier
Expert assessment
1. Identifier of the authorised person issuing the assessment
A three-character identifier created by the Ministry of Finance for each delegate.
2. Year of professional assessment
2.1. The basic expert assessment shall indicate the four digits of the calendar year in which it is issued.
2.2. The updated expert assessment shall include a four-digit description of the calendar year in which the basic expert assessment to which the updated expert assessment relates.
3. Tribal code of the expert assessment
3.1. The basic expert assessment shall indicate the code containing the digits or, where appropriate, the capital letters of the Latin alphabet without the diacritic signs created by the delegate so that the code of each output document is unique in the calendar year concerned.
3.2. The updated expert assessment shall specify the core assessment log code to which the updated expert assessment relates.
4. Distinguishing code
4.1. The technical assessment of the installation shall indicate the code "Z '.
4.2. The technical assessment of the component shall indicate the code "S '.
5. Order No
5.1. This section shall not be included in the basic expert assessment.
5.2. The updated expert assessment shall specify the order of updating the basic expert assessment. A separate series of serial numbers of updated professional assessments shall be maintained for each basic professional assessment of the installation on the basis of which the updated professional assessment is issued.
Operational certificate
1. Basic expert assessment identifier
The identification of the basic professional assessment of the installation on the basis of which the operational certificate is issued shall be provided.
2. Distinguishing code
Enter code "OP '.
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Regulation Information
| Citation | Decree No. 433 / 2021 Coll., on exit documents in the field of gambling |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.11.2021 |
|---|---|
| Effective from | 01.01.2022 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Civil law
Civil law substantive
Public Contracts 1
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