Decree No. 439 / 2016 Coll.
Ordinance on the minimum requirements for professional assessment and certification output documents and their provision to the authorities performing public administration in the field of gambling
Valid
Order
Effective from 01.01.2017
Text versions:
01.01.2017
23.12.2016
439
DECLARATION
of 19 December 2016
on the minimum requirements for professional assessment and certification exit documents and their provision to the authorities performing public administration in the field of gambling
The Ministry of Finance provides, pursuant to § 133 (1) (c) of Act No. 186 / 2016 Coll., on gambling:
Minimum requirements for expert assessment
(1) The expert assessment is an output document of professional assessment and certification demonstrating compliance with the various parameters laid down in the Gaming Gaming Act or the establishment through which gambling is to be operated.
(2) The front page of the expert assessment shall include:
(a) the designation of the document "Expert assessment,"
(b) a declaration that:
1. the subject of the assessment shall be an overall assessment of the gambling, the establishment through which the gambling is to be operated, or its separate stationary parts, where the random number generator or terminal equipment is assessed,
2. This is not a legal assessment,
3. the expert assessment is the basis for the administrative procedure for the issue of a basic permit for gambling;
4. the professional assessment cannot be disseminated without the consent of the delegate other than as a whole; and
5. a positive or negative assessment of compliance with the different parameters laid down in the Gaming Act does not constitute an authorisation for gambling, the establishment through which the gambling is to be operated, or its stand-alone parts;
(c) the unique identifier of the expert assessment and its date of issue;
(d) the identification details of the delegate who issued the expert assessment;
(e) identification of the client of the assessment;
(f) identification of the subject of the assessment, which shall include at least its:
1. name,
2. essential characteristics,
3. the manufacturer and the manufacturing site of software or hardware; and
4. software version or hardware type,
(g) the number of pages of the expert assessment;
(h) the name and function of the natural person making the assessment and its signature;
(i) the name and function of the authorised natural person who has approved the expert assessment and its signature;
(j) the date of the assessment;
(k) the period of validity of the expert assessment; and
(l) a summary of the outcome of the assessment.
(3) The identification of the subject of the assessment in the case of the assessment of the terminal equipment shall also include at least:
(a) the number of game positions of the terminal equipment; or
(b) the type of terminal equipment which has been considered as part of a technical equipment because it cannot be used separately under the Gaming Act and the number of gaming positions of that terminal equipment.
(4) Furthermore, the expert assessment shall include at least:
(a) the detailed technical characteristics of the subject matter of the assessment and, in the case of an assessment of gambling, a detailed description of its course;
(b) a list of the methods by which the delegate has carried out the assessment;
(c) a description of the conduct of the assessment;
(d) a list of the supporting documents underlying the assessment by the authorising officer;
(e) the numbering of the pages, including the indication of the unique identifier of the expert assessment on each side; and
(f) the outcome of the assessment.
(5) The assessment results shall include at least:
(a) an assessment of the conformity of the different parameters of gambling, of the equipment through which the gambling is to be operated, or of the independent parts thereof, when the random number generator or terminal equipment is assessed, with the parameters laid down for them by the gambling law, and of the methods used; and
(b) an indication of the values of the individual parameters referred to in (a) for those parameters that can be expressed in value.
(6) An annex to the expert assessment of gambling is the game plan which was the basis for the assessment of gambling.
Minimum formalities for the certificate of operability
(1) The certificate of operability is an output document of professional assessment and certification which, in the case of:
(a) gambling, the establishment through which the gambling is to be operated, or its independent parts which have been directly subject to the assessment referred to in Article 1, shall be understood as an extract from the expert assessment; or
(b) a random number generator or terminal device which is identical to a random number generator type or terminal device type which has been assessed or assessed as part of a technical device because it cannot be used separately under the Gaming Act, declares parametric compliance with that type.
(2) The certificate of operability shall contain:
(a) the designation of the document "Operational Certificate,"
(b) a declaration that:
1. an operability certificate is the basis for administrative procedures for the issue of a gambling permit; and
2. a positive or negative assessment of compliance with the different parameters laid down in the Gaming Act does not constitute an authorisation for gambling, the establishment through which the gambling is to be operated, or its stand-alone parts;
(c) the unique identifier of the certificate of operability and the date of issue;
(d) identification details of the authorised person who issued the certificate of operability, the name and function of the authorised natural person and its signature;
(e) identification details of the client of the certificate of operability;
(f) the unique identifier and the date of issue of the expert assessment on the basis of which the operational certificate was issued;
(g) identification of the subject matter of the certificate of operability, which shall include at least its:
1. name,
2. essential characteristics,
3. the manufacturer and the manufacturing site of software or hardware;
4. software version or hardware type; and
5. the serial number in the case of an operational certificate of a stand-alone random number generator or terminal equipment,
(h) the values of the individual parameters of the subject matter of the certificate of operability laid down by the Gaming Act for those parameters that can be expressed in value;
(i) the period of validity of the operability certificate, which may not exceed the period of validity of the professional assessment on the basis of which the operability certificate was issued; and
(j) a statement of parametric conformity in the case of equipment referred to in paragraph 1 (b).
(3) The identification of the subject matter of the certificate of operability in the case of the certificate of operation of the terminal equipment shall also include at least:
(a) the number of game positions and their production numbers; or
(b) the serial number of the terminal equipment, which has been considered as part of a technical installation if it cannot be used separately under the Gaming Act, and the number of games positions of that terminal equipment and their production numbers.
Provision of exit documents for professional assessment and certification to authorities in the field of gambling
(1) The output documents of professional assessment and certification are provided by the delegate to the authorities performing the administration in the field of gambling by secure remote access to the storage of the output documents of the delegate.
(2) Expert assessments are provided in electronic form in the form of:
(a) the original; or
(b) scanned copies of the original.
(3) Certificates of operability are provided by making available data at least on:
(a) the period of validity, the unique identifier and the date of issue of the operational certificate;
(b) the serial number of the establishment through which the gambling is to be carried out, or its separate stationary parts, if the random number generator or terminal equipment is assessed; and
(c) the unique identifier of the expert assessment on the basis of which the operational certificate was issued.
(4) Remote access to the storage site of the authorised person's exit documents referred to in paragraph 1 shall allow for the search for expert assessments or data on the operational certificate referred to in paragraph 3, at least on the basis of:
(a) the serial number of the establishment through which gambling, terminal equipment or game position is to be operated; or
(b) the unique identifier of the professional assessment or of the operational certificate.
Efficacy
This Decision shall enter into force on 1 January 2017.
Minister:
Ing. Babiš v. r.
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Regulation Information
| Citation | Decree No. 439 / 2016 Coll., on the minimum requirements for professional assessment and certification output documents and on their provision to the authorities of the public administration in the field of gambling |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.2016 |
|---|---|
| Effective from | 01.01.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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