Generalitat of Catalonia
Autonomous Entity of Gaming and Betting
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I HEREBY CERTIFY THAT THE SPANISH TRANSLATION COINCIDES WITH THE
ORIGINAL VERSION OF THE IMPACT ASSESSMENT REPORT ON THE PROPOSED
MEASURES OF THE DRAFT ORDER REGULATING THE MINIMUM COMPATIBILITY
REQUIREMENTS FOR TERMINALS AND DEVICES USED FOR PARTICIPATING IN THE
BINJOCS LOTTERY
Barcelona, 7 October 2013
Josep Lluis Garcia Ramírez
Director of Legal Counsel
Ministry of Economy and Knowledge of the Autonomous Community of Catalonia
PROPOSED ORDER REGULATING THE MINIMUM COMPATIBILITY REQUIREMENTS
FOR TERMINALS AND DEVICES USED TO PARTICIPATE IN THE BINJOCS LOTTERY
(Exp. 3/2013)
IMPACT ASSESSMENT REPORT
Article 64 of Law 26/2010, of 3 August, on the legal and procedural framework of the public
administrations of Catalonia, establishes that the draft regulatory provisions must always be
accompanied by a general report and by a report assessing the impact of the proposed
measures, and determines that the impact assessment report on the proposed measures
must integrate, at a minimum, a report on the budgetary impact, a report on the economic
and social impact, a report on the normative impact and a report on the gender impact.
Article 4.1 of Decree 106/2008, of 6 May, on measures for the removal of red tape and
procedural simplification to facilitate economic activity, establishes that the proposed general
provisions, in addition to the required documentation determining the legislation on the
procedural and legal framework of the Administration of the Generalitat and the sectoral
legislation that applies, must be accompanied by a report assessing the impact of the
proposed measures establishing that no obligations or administrative burdens are created in
the preparation of the legislation that are not sufficiently justified in accordance with the
principles, criteria and recommendations contained in the Guide to Good Practice for the
preparation and review of legislation with an impact on economic activity, approved by the
Government of the Generalitat by Agreement GOV/63/2010, of 13 April (Official Journal of
the Generalitat of Catalonia No. 5609 of 16.4.2010).

Report on budgetary impact
This report has the purpose of evaluating the repercussions of the regulatory provision on
personal resources and materials and on the budgets of the Generalitat, and also the funding
sources and procedures, if applicable.
1.- Resource analysis
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Generalitat of Catalonia
Autonomous Entity of Gaming and Betting
1.1.- Cost of the preparation of the standard
The cost of the preparation of the standard is only that related to the time used by the
personnel of the Autonomous Entity of Gaming and Betting of the Generalitat in the study
and the drafting of the planned provision, which is already included in the budget for
operating costs of the Autonomous Entity of Gaming and Betting of the Generalitat.
1.2.- Cost of the material resources
The material resources necessary for its application are derived from a special administrative
contract, formalised on the year 2005 and currently in force, with a successful bidder
performing the services related to the technological development of actions related to the
authorised gaming establishments (casinos, bingo halls and game rooms), and more
specifically and among others, in relation to the Binjocs lottery. The services of the
successful bidder are paid based on the contractually established commissions resulting
from applying the corresponding percentages to the operating margin obtained from the
commercialisation of the Binjocs lottery. The operating margin is understood as the
difference between the sales made and the prizes awarded.
The successful bidder mentioned corresponds to the entity provided for in Article 7 of Law
5/1986, of 17 April, creating the EAJA, where it refers to persons or entities collaborating in
the distribution of the material elements of the game.
2.- Financing
The application of the measures provided for in the proposal for the normative provision does
not involve any budgetary allocation for the EAJA, given that the cost for the services
provided by the collaborating entity with respect to the implementation and development of
games is paid by the contractually established commissions based on the different operating
margins (sales minus prizes awarded) obtained from the commercialisation of the Binjocs
lottery.
The income from the commercial operations of the Binjocs lottery results from this operating
margin, once the commissions established by the Government of the Generalitat to be
earned by the persons or entities collaborating with the Autonomous Entity of Gaming and
Betting of the Generalitat in the distribution and operation of the material elements of the
games mentioned in the preceding section 1.2 have been discounted. This sum is then
incorporated into the financing of the income budget for the Autonomous Entity of Gaming
and Betting of the Generalitat.
The income from all commercialised games and the rest of the revenues of the Autonomous
Entity of Gaming and Betting of the Generalitat, once the operating expenses have been
discounted, constitute the funds generated for the Treasury of the Generalitat.
The forecasted turnover for the year 2013 from the Binjocs lottery is 119 million euros.
Discounting the prizes, which are established around a percentage of the sales of 94.40%
and the commissions to be earned both by the collaborating entity performing the service
and the vendor agents, a commercial result from this game is estimated at around 858,000
euros.

Report on the economic and social impact
The goal of this report is to evaluate the costs and benefits that the draft provision involves
for the people involved and for the social and economic context.
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Generalitat of Catalonia
Autonomous Entity of Gaming and Betting
The draft Decree approving the Regulation of the Binjocs lottery, currently in process,
provides in Article 6.1 for the possibility of being able to participate in this lottery through
traditional terminals and also using other devices connected to the establishments authorised
for the commercialisation of the Binjocs lottery.
The current draft order takes into account and specifies the characteristics, technical
specifications and minimum compatibility requirements for the terminals and devices used for
the practice of the Binjocs lottery, in conformity with the innovation introduced by the Decree,
currently in process, regulating the Regulation of the Binjocs lottery, in that it provides for the
possibility of participating in the Binjocs lottery with traditional terminals and, in addition,
increases the range of options, so that players can also participate using other devices
connected to the authorised establishments.
The scope of the term "devices" with which the abovementioned draft Decree in process
increases the range of media allowing participation with respect to the only one available up
to that date, through terminals located in the establishments authorised to commercialise the
Binjocs lottery, refers to any type of hardware that can be adapted to the technology and
software used for this type of lottery. Some examples include mobile phones, portable
computers, tablets, etc. and any other support that facilitates participation via the Internet or
any other means introduced into the world of telecommunications in the future that can be
adapted to the regulatory technical and software requirements for the public control of the
game, as set out for the vendor agents authorised for the commercialisation of Binjocs and
for compliance with the legislation on responsible gaming that is valid at the time. The
increase of technical means for participating in the Binjocs lottery can be considered to offer
the public more flexibility and options.
However, this increase in the range of hardware that can be used as a game terminal does
not necessarily involve an increase in gaming, nor an increase in its danger, but rather the
opposite, as this increase is made under public control, through the Autonomous Entity of
Gaming and Betting that has come to manage a kind of game that is already found on the
market and is frequently offered by private enterprises. This gaming offer through the Entity
must allow for greater public control of the game and for their monopoly that is exercised
over the management and operation of the lottery to have its justification and basis in the
task of the protection of public health and supporting responsible gaming.

Report on regulatory impact
This report has the goal of evaluating the impact of the measures proposed by the regulatory
provisions on citizens and enterprises in terms of options for regulation, administrative
simplification and reduction of administrative burdens.
The goal of the report is to provide information on the different regulatory options considered
during the assessment, explaining why the proposed measures for the regulation,
constituting a draft order, are the best option and, in reality, the only possible one, in terms of
the impact on economic activity, in the light of the principles, criteria and recommendations of
the Guide.
The scale and level of detail with which the assessment is specified in this report are based
on the time of evaluation and the effects of the standard on economic activity.
The draft order regulates the technical compatibility requirements for the terminals and
devices that are used for participating in the Binjocs lottery, which is organised, managed
and commercialised by the Autonomous Entity of Gaming and Betting of the Generalitat.
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Generalitat of Catalonia
Autonomous Entity of Gaming and Betting
Taking into account that the impact on the regulation of economic activity is zero, the
analysis does not need to be too detailed and, on the other hand, taking into account that the
evaluation is made in advance, in this case in the preparation phase of the standard, this
also involves a lower level of detail than if it had been prepared subsequently.
On the other hand, the proposed measure does not have any direct economic impact on
enterprises, for which reason the content of the impact report can be abbreviated.
The process of preparation of the draft provision has followed the informative principles
contained in the Guide to Good Practice for the preparation and review of legislation with an
impact on economic activity, with the goal of fulfilling the criteria of administrative
simplification contained here to the greatest extent possible, as is analysed below.

The need for the regulation
In the first place, it must be mentioned that the draft standard consists in the specific
regulation of the technical requirements to be met by the terminals and devices used for the
practice of the Binjocs lottery, the regulation of which shall be approved with a decree that is
currently in process.
The draft order includes the regulation of the technical characteristics of the terminals and
devices (Articles 1 and 2), the procedure for the authorisation of these by the competent
directorate general in the area of gaming (Article 3), and the particularities and implications of
the terminals and devices referred to with respect to the authorisation for the
commercialisation of the Binjocs lottery by the vendor agents (Article 4).
Before starting the processing of the proposal, the promoting unit has evaluated the possible
regulation options, both normative and non-normative. As regards the non-normative options,
understanding these as not regulating or not intervening, incentivising the self-regulation of
economic sectors, adopting co-regulation measures with the economic agents, scheduling
informative campaigns, establishing financial incentives and providing economic instruments
(subsidies, grants, etc.), none of these is sufficient, taking into account that it is necessary to
deploy and specify the technical requirements for the terminals and devices necessary for
participation in the Binjocs lottery, such that a specific standard is required, the goal of which
is to regulate the technical aspects allowing the terminals and devices to obtain compatibility
with the central systems of the Autonomous Entity of Gaming and Betting of the Generalitat
in which the lottery referred to is developed, all of this under their second final provision of
the Decree, currently in process, approving the Regulation of the Binjocs lottery.
In conclusion, the possible options for normative regulation have been evaluated:
A.
B.
C.
D.
E.
Adopt new legislation
Revise and modify the current legislation
Regulate in an intensive manner
Regulate in a non-intensive manner
Establish flexibility measures for the SMEs
The promoting unit, having studied and analysed the different possible options, has chosen
option A consisting in adopting new legislation.
There is no other possible option for regulation that is less intrusive and causes fewer
administrative procedures, as since it is a regulation on the technical requirements for
gaming terminals and devices, it requires the approval of an order, in accordance with the
second final provision of the Decree, currently in process, approving the Regulation of the
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Generalitat of Catalonia
Autonomous Entity of Gaming and Betting
Binjocs lottery, in the sense that "The person responsible at the competent ministry of the
Autonomous Community of Catalonia in the area of gaming and betting, at the proposal of
the Administrative Board of the Autonomous Entity of Gaming and Betting of the Generalitat,
must regulate the characteristics and the specifications affecting the operation of this lottery
by virtue of an order".

Proportionality of administrative intervention
The draft provision does not involve new obligations or restrictions, with the exception of
those that are set out below, as it entails the development of the existing regulation on
Binjocs and only specifies the technical specifications of the terminals and devices necessary
for these to be compatible with the information systems of the Autonomous Entity of Gaming
and Betting of the Generalitat, as without this the connection of the terminals and devices to
the central information systems is not possible and, in consequence, would involve the
unsustainability of the development of this lottery.
The administrative intervention is specified in certain information requirements that are
specified in the attached spread sheet and consist of:
a) Application to modify any of the technical requirements for the terminals declared
compatible in conformity with the technical specifications of the first article of the draft
order (Article 2.2).
b) Application for conformity of the terminals and compatibility with technical
requirements and provision of accrediting documentation of compliance with the
requirements (Article 3.1).
c) Obligation to provide attached documentation (Article 3.1(a)).
d) Obligation of prior communication to the competent directorate general in the area of
gaming and betting in the case of non-substantial modification of a terminal or device
with the favourable report from the Autonomous Entity of Gaming and Betting of the
Generalitat (Article 3.3).
The draft provision does not limit the rights or the liberties of the economic content, nor does
it demand new requirements for the development of economic activity, as the administrative
intervention is the same as was already provided for.
In conformity with the definition of the term given by the Directorate of Normative Quality of
the Department of the Presidency in the document "Guidelines in the area of regulatory
impact assessment, for the reduction of administrative burdens", in whose text appears
"Administrative burdens are the administrative costs that enterprises must take on only in
order to comply with a normative requirement, and that imply an administrative task that they
would not carry out in absence of the standard", it is considered that the precepts of the draft
provision do not involve any connected administrative burden for citizens, and in relation to
vendor agents that commercialise this lottery, the administrative intervention continues to be
the same as in the previous regulation. In the present case, the obligation to be equipped
with these terminals or devices is conditioned by the typology of participation in the Binjocs
lottery, in which the players acquire electronic tickets through terminals or devices located in
or connected to authorised gaming establishments and connected to the information systems
of the Autonomous Entity of Gaming and Betting of the Generalitat where the bets are
registered and where the draws are completed.
This standard does not involve an increase in administrative burdens to citizens or
enterprises. Specifically, and in relation to vendor agents that commercialise the Binjocs
lottery, these will have to complete no additional procedure, as this procedure is already
basically included in the authorisation procedure for vendor agents of the Binjocs lottery
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Generalitat of Catalonia
Autonomous Entity of Gaming and Betting
which will include those gaming terminals or devices which they possess and which they will
be required to adjust to the requirements established in the draft provision.
In conclusion, the draft order which is the subject of this report determines the technical
requirements that the terminals and devices used for participating in the Binjocs lottery must
comply with, and this does not involve additional administrative procedures, with the
exception of those mentioned, in provisions of the Decree, currently in process, approving
the Regulation on the Binjocs lottery or in Decree 339/2011, of 17 May, approving the
Regulation on the commercialisation of lottery games organised and managed by the
Autonomous Entity of Gaming and Betting of the Generalitat.

Think first on a small scale
In the present case, the proposed legislation does not involve a substantial modification of
the technical characteristics of the terminals with respect to the preceding regulation and, in
addition, it is possible to affirm that the new regulation, to the extent that it increases the
possibility of participating to also using gaming devices, signifies that the conditions that must
be met to pass the compatibility test are made more flexible, as a result of which their
compliance shall be easier for micro-enterprises and also for small and medium-sized
enterprises, and therefore it can be affirmed that the regulatory impact, in terms of
administrative costs, involves a greater flexibility of the requirements favouring the economic
activity in general.
The vendor agents, who are those who could be directly affected by the new legislation, will
not see any difference in their economic activity with this draft in relation to the administrative
costs connected with new administrative tasks, as the authorisations given shall remain in
force and the new technical requirements shall only need to be met for new applications for
authorisation made in conformity with the Decree, currently in process, approving the
Regulation of the Binjocs lottery.
In consequence, it is completely unnecessary to consult with the representative entities of
the SMEs, as this normative initiative does not impact them.

Participation of the social and economic agents
Taking into account that the new legislation does not involve administrative costs and, in
consequence, does not involve new administrative burdens or affect the rights of citizens or
enterprises but only involves the establishment of the technical compatibility requirements for
the terminals and devices that are used for the participation in the Binjocs lottery, regulated
in the Decree, currently in process, approving the Regulation on the Binjocs lottery, with
which the burden of the corresponding authorisation is established, but that is not provided
for in this implementation Order being drafted, the participation of the social and economic
agents in a solely technical piece of legislation would not be meaningful.

Safeguarding of the rights of citizens and of general interest
There is no impact on the rights of citizens in the draft provision. In the first place and, as has
already been discussed, enterprises that work as vendor agents are not affected by the new
order as they will not have to adopt any additional measure or carry out any new procedure
to continue operating. With relation to the citizens, in general, the new regulation does not
affect them at all, as they are not directly or indirectly involved and it does not cause them
any economic cost or any increase in administrative procedures.
The draft provision must be evaluated from the perspective of the goal of the standard with
the aim of analysing its compatibility with the general interest, and this goal consists in the
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Generalitat of Catalonia
Autonomous Entity of Gaming and Betting
establishment of suitable technical requirements for gaming terminals and devices to develop
the Binjocs lottery with the goal of ensuring the compatibility of these with the information
system managed by the Autonomous Entity of Gaming and Betting of the Generalitat with
complete indemnity of the vendor agents and users of the service. The impact of this
regulation on the general interest is, therefore, zero.

Administrative rationality
The draft provision shall be carried out, in its entirety, with the resources of the Autonomous
Entity of Gaming and Betting of the Generalitat, both with respect to personnel and material
resources and to the control and funding that are necessary for its application.

Normative coherence.
As determined by the guide, the new proposed normative regulation is compatible with the
principles underlying the legislation on gaming and with the content and solutions of the
standards of the specific legislation.
Based on the previous statement, the conclusion is drawn that the proposed provision
complies with the criteria of administrative simplification, in the sense that it does not
generate any new administrative burden for enterprises and professionals in the terms
established in Decree 106/2008, of 6 May, on measures for the removal of red tape and
simplification of procedures to facilitate economic activity and in the Guide to Good Practices
for the preparation and revision of the legislation with an impact on economic activity,
approved by Agreement GOV/63/2010, of 13 April.

Report on gender impact
The language used in the proposed order is adjusted to that established by the UNESCO
resolutions (14.1 of 1987 and 109 of 1989), the recommendation of the Council of Europe No
R (90)4 of 1990, and Decree 162/2002, of 28 May, amending Decree 107/1987, of 13 March,
regulating the use of the official languages by the Administration of the Generalitat of
Catalonia with the goal of promoting the use of simplified and non-discriminatory language
and standard Catalan terminology. The standards are related to the use of terms that do not
involve discrimination based on gender or put at risk the principle of equal opportunities.
The draft legislation does not contain any male-centred or sexist terminology, nor does it
reference the use of terms that involve discrimination based on sex, in accordance with the
provisions of Decree 162/2002, of 25 May, amending Decree 197/1987, of 13 March,
regulating the use of the official languages by the Administration of the Generalitat of
Catalonia.
Barcelona, 17 July 2013
Elsa Artadi
Managing Director
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