COLLECTION OF LAWS

COLLECTION OF LAWS OF THE SLOVAK REPUBLIC

Volume 2005

Promulgated on: 28 April 2005 Time version of the regulation effective from: 1 January

2017 to 31 December 2017

171

ACT

of 16 March 2005

on gambling games and on the amendment to certain acts

The National Council of the Slovak Republic has passed the following act:

PART I

SECTION

ONE

GENERAL PROVISIONS

Article 1

The Subject and Purpose of the Act

(1) This Act regulates

a) the conditions for the operation of gambling games and the conditions for gambling games promotion,

b) the rights and duties of the operators of gambling games and gamblers,

c) the conditions for the use of technical equipment designated for the operation of gambling games,

d) some conditions of the establishment and activity of the National Lottery Company,

e) competence of government authorities and municipalities in gambling,

f) state supervision over the operation of gambling games, gambling games promotion and related activities

within the scope specified by this Act (hereinafter the "supervision").

(2) The purpose of this Act is to create, in the public interest, the conditions for the protection of public order

during the operation of gambling games and securing community compensation of risks ensuing from the

operation of gambling games and participation in them.

(3) This Act applies to gambling games available in the territory of the Slovak Republic.

Article 2

Definition of Terms For the purposes of this Act

a) 'gambling game operator' shall mean a legal person that was granted an individual licence in accordance

with this Act by the relevant government authority or municipality, or a legal person that has fulfilled the

conditions of a general licence issued by the Ministry of Finance of the Slovak Republic (hereinafter

the “Ministry”) and has filed a notification according to Article 19, b) 'gambling game operation' shall mean the execution or contractual securing of execution of activities

needful for the realization of a gambling game,

Page 2 Collection of Laws of the Slovak Republic 171/2005 Coll.

c) 'game plan' shall mean a set of rules including the rules of a gambling game, the rules and the manner of

stake taking and their amount, the rules and the manner of making a bet, if determination of a bet is also

the essence of the gambling game, the number of lots and price of one lot, if they are issued, the possibilities

of returning the stake, the rules, deadlines and the manner of payout of the winning, the Complaint Code

and other requirements specified in this Act; the Complaint Code shall mean a set of rules determining the

conditions of lodging a complaint including the manner and deadline for lodging a complaint and the time

limit for its settlement,

d) 'gambling game rules' shall mean the conditions of participation in a gambling game, the manner of

determination of the gambling game result, the winners, the winning and its amount,

e) 'gambler' shall mean a natural person that has fulfilled the conditions of participation in a gambling game,

f) 'licence' shall mean an individual licence, a general licence for draw in-kind lotteries and raffles and a

general licence for poker-type card games operated outside of a casino in which gamblers play against one

another (hereinafter the "off casino card game"), unless the individual provisions of this Act refer to only an

individual licence or individual licences for the operation of specific types of gambling games only, or only

a general licence,

g) 'bet' shall mean a value determined by the gambler, which will be compared with the value determining the

result of the gambling game,

h) 'stake' shall mean a payment of cash or provision of other asset value that is needed for the gambler to

take part in the gambling game,

i) 'winning principal' shall mean a sum meant for the payout of winnings, which will be allotted to winning

gamblers according to gambling game rules,

j) 'winning' shall mean the result of one gambling game, on the basis of which the gambler is entitled to the

payout of the winning in monetary or non-monetary form,

k) 'premium game' shall mean a part of a gambling game, in which it is played for jackpot, which is made up

of the a part of gamblers’ stakes according to the conditions specified in the game plan, where jackpot is

one of the possible winnings that will be obtained by the gambler according to the conditions specified in

the game plan,

l) 'state lottery' shall mean gambling games including numerical lotteries, special bingo, lottery of cash paid

receipts printed by electronic cash registers1) (hereinafter the "cash receipt"), and gambling games

operated via the Internet,

m) 'applicant' shall mean a legal person that submitted an application for granting an individual licence,

n) 'financial guarantee' shall mean the sum stipulated by this Act, which the applicant and the gambling game

operator must dispose of only in accordance with this Act,

o) 'gambling house' shall mean a room or a set of rooms constructionally connected with each other and

interconnected, purpose fitted and set up for the operation of gambling games operated through gambling

machines or technical equipment operated directly by gamblers and operated by means of video lottery

terminals; the gambling house must be situated in an isolated area with a separately lockable entrance and

must be part of a building construction pursuant to a special regulation, 1aaa) which has walls,

p) 'multiple gambling' shall mean a method of playing a gambling game, in which gamblers have besides a

single possible winning still a possibility of further winning,

q) casino shall mean a gambling house where board games and/or gambling machines, video lottery terminals

and gambling games are operated by means of technical equipment operated directly by the gamblers in

the casino,

r) 'gambling game promotion' shall mean any form of informing or inciting to participation in a gambling game

in the territory of the Slovak Republic, including gambling games operated via the Internet, in which a

gambler may participate from the territory of the Slovak Republic in particular by paying a stake or placing

a bet, or any form of informing about the gambling game operator, about the natural person or about the

legal person that operates a gambling game in any form without the licence pursuant to this Act with the

objective to put the gambling game on the market; gambling game promotion shall not mean

1. the identification of the registered office of a legal person, permanent residence of a natural person,

identification of the business name of an establishment or organisational unit of a legal person or natural

person, as well as the identification of buildings, lands and other real property or movable property that

is owned

Collection of Laws of the Slovak Republic Page 3 171/2005 Coll.

or leased by the person, if the person is the gambling game operator or operates the gambling game

without the licence pursuant to this Act,

2. identification of letters and envelopes by the business name or trademark of the gambling game

operator, natural person or legal person that operates the gambling game without the licence pursuant

to this Act,

3. identification of products or their packaging by the data that must be provided on them pursuant to a

special regulation,1aa)

4. publishing an annual management report, financial statements, company audit or other information

about the enterprise, if the duty of the gambling game operator, natural person or legal person that

operates the gambling game without the licence pursuant to this Act, to publish them results from a

special regulation,1a)

s) 'information on winning' shall mean a type of advertising in written, acoustic, visual or audio-visual form

form advising of the amount of winning or possibility to get the winning,

t) 'gambling game available in the territory of the Slovak Republic' shall mean a gambling game, in which

persons can participate in the territory or from the territory of the Slovak Republic in particular by paying a

stake, placing a bet or paying out a winning,

u) 'provision of prohibited offer' shall mean the promotion of a gambling game or operation of a gambling game

available in the territory of the Slovak Republic without the licence pursuant to this Act through an electronic

communication network,

v) 'yield' shall mean the difference between the stakes of gamblers received in a calendar year and winnings

paid out in the same calendar year.

Article 3

Gambling Games

(1) Gambling games are the games in which a gambler, after paying a stake, unless otherwise specified by

Article 4a (5), may obtain a winning provided that they have fulfilled the conditions specified in advance.

Gambling games also include games, in which the game stake is the difference between the price of call, price

of short text message or the price of multimedia message specified for participation in the game, and the price

of call, price of short text message or the price of multimedia message specified by the provider of the electronic

communication service for outgoing calls, sending of short text messages, and sending of multimedia

messages to geographic numbers1ab) or to numbers of mobile network participants including the price for the

call or for sending the short text message or multimedia message, which confirms the participation in the game.

The result of a gambling game depends solely or largely on luck or a previously unknown result of a certain

circumstance or event. The result of the circumstance or event that determines the result of the gambling game

must not be known to anyone beforehand and must not be affectable by anyone and must not be in conflict

with the gambling game rules.

(2) Gambling games include

a) lottery games,

b) casino gambling games,

c) bet games,

d) gambling games operated by means of gambling machines,

e) gambling games operated by means of technical equipment operated directly by gamblers or operated by

means of telecommunication equipment, and video lottery terminals,

f) gambling games operated via the Internet,

g) off casino card games,

h) charity lotteries,

i) the games which are not gambling games pursuant to (a) to (h) if they meet the conditions laid down


in paragraph 1.

(3) Gambling games can be operated only on the basis of a licence granted or issued pursuant to this Act,

under the conditions laid down by this Act and specified in an individual licence or general licence, while

observing the duties according to the approved game plan including the gambling game rules; the gambling

games pursuant to Article 3 (2) (b), (d), (e), and (i) can be operated only in the territory of the municipality, in

which their operation is not restricted by a generally binding municipality order, to which Article 58m (20) is

applied, and for the gambling games operated in a gambling house, the gambling house can be placed in

buildings mentioned in Article 38 (4) only in the territory of the municipality, in which its placing in such buildings

is not restricted by a generally binding municipality order pursuant to Article 10 (5) (d); the assembly, filing or

settlement of a petition 1ac) pursuant to Article 10 (6) shall not represent the reason for refusing to grant an

individual licence. The gambling game, to which a licence has been granted or issued in compliance with this

Act, can be promoted only in compliance with this Act, terms and conditions of gambling game operation laid

down by this Act and specified in the individual licence or general licence, and with the approved game plan;

promotion of the gambling game is only permitted when it is operated under the conditions according to the

first sentence. It is prohibited to operate a gambling game and promote a gambling game, for which a licence

has not been granted or issued in compliance with this Act.

(4) Gambling games do not include

a) sporting events pursuant to a special regulation1ad) including those, which are not considered

public,1ae)

b) games of a relaxation or sport character, even if a stake is necessary for participation in them, which is not

refundable if the participant loses,

c) entertaining games with material prizes by means of a gambling device, if the stake does not exceed the

sum of 50 Euro cents,

d) games by means of a gambling device in which a winning is another game on the same gambling device,

e) quizzes based on answers to questions or proving knowledge and skill, if the result is determined primarily

on the basis of proving knowledge and skill,

f) draw in-kind lotteries and raffles, if the game principal does not exceed the sum of EUR 1500.

(5) The promotional contests that are not an independent business activity and serve only for sales

promotion of goods and services and during which the payment of a stake is not the condition of participation

according to this Act are not considered to be gambling games either. Promotional contests shall mean

contests, games, inquiries and other campaigns, in which the participants selected by random sampling obtain

winnings and during which the purchase of certain goods, service or other fulfilment and a proof of this purchase

to the organizer of the promotional contest or conclusion of a contractual relation with the provider of winnings

to the promotional contest or participation in the promotional or advertising campaign is the condition for

participation, and that is also indirectly through another person. The payments made for the purposes of

obtaining the fulfilment from the organizer of the promotional contest or provider of winnings to promotional

contest are not considered to be stakes according to this Act.

(6) Games that do not guarantee equal conditions to all gamblers including the possibility of winning,

especially pyramid games or chain games, are prohibited.

(7) The operation of foreign gambling games and the promotion of foreign gambling games in the territory of

the Slovak Republic is prohibited. Also individual sale of lots, taking bets and payout of winnings, including

mediation of such activities, in gambling games according to paragraph 2, the operator of which is a foreign

entity and during which the stakes are paid abroad, are prohibited in the territory of the Slovak Republic.


Article 4

Lottery Games

(1) Lottery games are gambling games, during which the winnings are announced and allotted according to

the rules stipulated by the game plan beforehand, where the winning is the consequence of

a) guessing a certain number, several numbers, combination of numbers, numerical order, symbol, picture

(hereinafter the “number”) or

b) acquisition of a voucher, coupon, ticket, certificate or other document, which contain a value, which will be

compared with the value determining the result of the gambling game, and the acquisition of which is a

condition of participation in the gambling game in accordance with the rules of the gambling game

(hereinafter the “lot”).

(2) The value determining the result of the lottery game is set by the random determination of a number or

lot (hereinafter the ”drawing of lots”).

(3) Lottery games include in particular

a) draw lotteries,

b) raffles,

c) numerical lotteries,

d) bingo,

e) instant lotteries,

f) lottery of cash receipts.

(4) Draw lotteries are lottery games in which the operator of the gambling game issues the number of lots

with serial numbers stipulated by the game plan which enable multiple gambling. Multiple gambling shall mean

a method of playing a gambling game, in which gamblers have besides a single possible winning still a

possibility of further winning, If lots are allotted to several series, each series must contain identical numbers of

lots and each lot must be marked besides a serial number also by the specification of the series. The selling

price of each draw lottery lot must be identical in all series. All issued lots are included in the drawing of lots.

(5) Draw lotteries are divided according to the subject of winning especially to draw pecuniary lotteries, draw

pecuniary-in-kind lotteries and draw in-kind lotteries.

(6) Raffles are lottery games, in which only sold lots are included in the drawing of lots. Winnings from

raffles are drawn publicly according to the previously determined and declared rules, where the winner is the

gambler that holds a lot with the number or other designation identical with the drawn number or other

designation of the lot. The lots are sold and winnings from raffles are announced and issued on the day and in

the place of drawing of lots.

(7) Numerical lotteries are lottery games, in which the operator of the gambling game is obliged to provide

the gambler with the winning stipulated according to the rules stated in the game plan, if they submit a certificate

of stake and of the bet made, where these rules determine the winner according to the fact, whether the bet

corresponds with drawn numbers from a limited number of publicly drawn numbers. During numerical lotteries

neither the number of gamblers nor the amount of the game principal is determined beforehand. The winning

is calculated according to the number of winners and aggregate amount of stakes by a proportion previously

determined by the game plan, possibly it is determined by a stake multiple. One gambler can also place more

bets, where also the stake amount that must be paid increases with the number of bets.

(8) Numerical lotteries are especially lotto, keno, and complementary game, where

a) Lotto is a numerical lottery, in which the winning is calculated according to the number of winners and the

aggregate amount


of stakes by a proportion previously determined by the game plan; the total sum appointed for winnings is

allotted in more sequences and all winnings of the same sequence must be of the same amount,

b) Keno is a numerical lottery, in which the winning is determined by a stake multiple according to the rules

stated in the game plan,

c) Complementary game is a numerical lottery, which may be operated only together with another numerical

lottery; in the public drawing of lots one winning number is drawn and the winners are those gamblers that

have a completely or partially identical number on their lot; the total sum appointed for winnings is allotted

in more sequences and all winnings of the same sequence must be of the same amount.

(9) Bingo is a lottery game operated in gambling houses, in which previously non-determined number of lots

is drawn from a closed numerical sequence where the number of gamblers and game principal amount are not

determined beforehand. The amount of individual winnings is determined according to the aggregate amount

of stakes, winning principal, type of bingo winning category and results of drawing of lots. Special bingo is a

specific type of bingo. Special bingo is a bingo, in which the stakes are taken and winnings are paid out in the

collection points. The drawing of lots and the entire course of the special bingo is realized centrally in one place,

where its course and results are generally released by mass media means.

(10) Instant lotteries are lottery games in which the gambler finds out a possible winning after the purchase

of a lot by rubbing down its marked, covered part. The lots must be marked with a serial number and the number

of a series.

Article 4a

Lottery of Cash Receipts

(1) The lottery of cash receipts is a lottery game, in which the number of lots is not specified in advance.

(2) In the lottery of cash receipts, winnings are drawn to the approved game plan, where the winner is the

gambler that holds a lot with the number or other designation identical with the drawn number or other

designation of the lot.

(3) The gambler in the lottery of cash receipts can obtain a lot exclusively on the basis of data from the

cash receipt; the use of data from a substitute document is not admissible.

(4) Drawing of lots includes the lot issued by the operator of the lottery of cash receipts based on the data

from the cash receipt.

(5) Payment of a stake is not a condition for participation in the lottery of cash receipts. The payments made

for the purpose of obtaining the performance from the operator of the lottery of cash receipts shall not be

considered stakes.

Article 5

Casino Gambling Games

(1) Casino gambling games are board games, during which the gamblers play against the casino

representative or against each other on gambling tables; board games are especially roulette, card games and

dice games. At least five gambling tables must be situated in each casino. Casino gambling games also include

gambling games operated by means of video lottery terminals, gambling games operated by means of technical

equipment operated directly by gamblers and by means of gambling machines.

(2) Roulette is a casino gambling game during which, by determination of numerical combinations, symbols

or other signs a position, in which a ball thrown into a mechanically rotating device stops, is assumed. The

winning is calculated from the amount of stakes and winning ratio according to the rules specified in the game

plan in advance.


(3) Card games and dice games are casino gambling games, during which the winner or the amount of the

winning is determined on the basis of the dealt cards symbols or achieved number of points on dice, or a

combination of values on dice.

Article 6

Bet Games

(1) Bet games are gambling games, in which the winning depends on guessing the result of a sports betting

event or non-sports betting event or related circumstance. Sports betting event is sports competition, races,

horse racing. Non-sports betting event is a social, political or other event of public interest if it is not in conflict

with good manners; the description of the non-sports betting event is part of the game plan. Betting event can

have at least two different results, which are not impacted in any way by the operator of the bet game.

(2) Bet games include in particular totalizator, exchange bets and horse racing bets.

(3) Totalizator is a bet game in which the winning amount depends on the number of winners to the total

amount of stakes ratio and previously determined proportion of winnings. The total sum appointed for winnings

is allotted in more sequences; all winnings of the same sequence must be equally high.

(4) Rate bets are bet games, in which the winning amount depends on the winning ratio and stake amount;

the winning ratio means the rate, in which the bet was taken.

(5) Horse racing bets are bet games, in which the winning depends on guessing the sequence in

performance tests of racing race-horses and the winning amount depends on the number of winners to the total

amount of stakes ratio and the previously determined proportion of winnings and on the winning to stake amount

ratio.

Article 7

Gambling Games Operated by means of Gambling Machines

Gambling games operated by means of gambling machines are gambling games, during the operation of

which gambling machines are used. A gambling machine is electronically, electronic-mechanically or

mechanically controlled device and it creates compact, functionally indivisible and program-controlled technical

equipment with the control meant for one gambler only, which enables to obtain a winning according to the

conditions stipulated by this Act. If the gambling machine has software enabling a simultaneous game in more

gambling places by several gamblers and these gambling places can function independently and separately

from each other, then each such place is regarded as an independent gambling machine.

Article 8

Gambling Games Operated by means of Technical Equipment Operated Directly by

Gamblers or Operated by means of Telecommunication Equipment,

and Operation of Video Lottery Terminals

(1) During gambling games operated by means of technical equipment operated directly by gamblers or

operated by means of telecommunication equipment1b) or during the operation of video lottery terminals, the

number of gamblers is not determined beforehand and neither is the amount of stakes known beforehand; the

winning is calculated from the amount of stakes or according to the conditions determined in the game plan.

(2) Technical equipment operated directly by gambler is such equipment that has at least three gambling

places and enables such maximum number of gamblers to play a game, which is equal to the number of

gambling places interconnected with an evaluation unit. Gambling places are situated in the same place


as the evaluation unit, they are connected with it continuously and it is not possible to use them separately. All

gamblers of the gambling game operated on single technical equipment operated directly by gambler always

play the same gambling game.

(3) Gambling games operated by means of telecommunication equipment are gambling games in which the

use of telecommunication equipment, determined in the game plan is the condition for participation. The stake

is charged through a payment remitted by a gambler to the operator of the telecommunication equipment.

(4) Gambling games operated by means of video lottery terminals are gambling games in which gamblers

are connected by terminal by means of electronic communication networks2) to a central computer system of

the gambling game operator. Each gambler plays a specific gambling game and gamblers cannot play gambling

games against each other. In the event of disconnection from the central computer system of the gambling

game operator, the terminal is not functional.

Article 9

Gambling Games Operated via the Internet

Gambling games operated via the Internet are gambling games, in which a gambler participates through

connection via the Internet to the game server of the gambling game operator or an entity authorized by them,

on which game systems are placed using software, through which the gambling game is operated, and the

gamblers play against this game system or against each other. The transmission and collection of data and

information connected with the operation of gambling games realized via the Internet is not considered to be a

gambling game via the Internet.

Article 9a

Charity lottery means a gambling game having certain attributes of the gambling games pursuant to Article

3 (2) (a), including the attributes of a numerical lottery, and certain attributes of the gambling games pursuant

to Article 3 (2) (c), including the attributes of a non-sports betting event.

SECTION TWO

REGULATION OF GAMBLING GAMES

CHAPTER ONE

COMPETENCE OF GOVERNMENT AUTHORITIES AND MUNICIPALITIES IN GAMBLING

Article 10

(1) Government authorities and municipalities in gambling include:

a) the Ministry,

b) the Financial Directorate of the Slovak Republic,

c) Tax Offices,

d) Customs Offices.

(2) The Ministry

a) exercises control according to a special regulation3) regarding observance of this Act and other generally

binding legal regulations by the Financial Directorate of the Slovak Republic, Tax Offices, Customs Offices,

municipalities and authorised testing laboratories according to Article 30 (5),

b) issues the general licence and makes decisions on granting the individual licence pursuant to this Act if

this Act lays down so,


c) makes decisions on issuing the authorisation for technical assessment, specifying its scope,

d) provides methodical guidance to the Financial Directorate of the Slovak Republic, Tax Offices, Customs

Offices and municipalities in the area of gambling games, except for the methodical guidance for supervision

performance,

e) is an appeal body for the Financial Directorate of the Slovak Republic in administrative proceedings pursuant

to a special regulation4) in the matters of sanctions imposed by them on the entities under

supervision pursuant to this Act,

f) imposes sanctions pursuant to this Act.

(3) The Financial Directorate of the Slovak Republic

a) performs the activities of operator of the information system in the area of operation of gambling games,

b) keeps a central register of gambling game operators and a central register of places of gambling houses,

and submits data from them to the Ministry within three days from the delivery of the Ministry's request,

c) updates the database of the information system in the area of operation of gambling games on a monthly

basis and submits data from it within 10 days after the update to the Ministry in the scope and way specified

in writing by the Ministry; it submits annual data for the previous calendar year in the same scope to the

Ministry within 15 days after the annual statement of levies has been prepared,

d) provides methodical guidance to the Tax Offices in operating the tax information system in the area of

operation of gambling games,

e) provides methodical guidance to the Tax Offices and Customs Offices in the area of supervision performance,

f) is an appeal body for the Tax Offices and Customs Offices in administrative proceedings pursuant to a

special regulation4) in the matters of sanctions imposed by them on the entities under supervision

pursuant to this Act,

g) imposes sanctions pursuant to this Act.

(4) The Tax Office

a) performs the administration of levies paid to the state budget,

b) issues confirmations on payment of financial guarantee for applicants and gambling game operators

according to their registered offices,

c) is an appeal body for the municipalities in administrative proceedings pursuant to a special regulation4) in

the matters of individual licences for the operation of gambling machines and in the matters of sanctions

imposed by them on gambling game operators pursuant to this Act,

d) imposes sanctions pursuant to this Act.

(5) Municipality

a) makes decisions on granting individual licences pursuant to this Act,

b) performs the administration of levies paid to the municipality's budget,

c) imposes sanctions pursuant to this Act,

d) may, under the conditions pursuant to paragraph 6, lay down through a generally binding order that no

gambling house can be placed in its territory in the buildings referred to in Article 38 (4) (a), (b), (c) or (d) or

in a combination of buildings structured according to Article 38 (4) (a) to (d), or in all buildings referred to in

Article 38 (4); this generally binding order must be in force in the whole territory of the municipality; this

generally binding order shall not apply to a gambling game operator that has been granted an individual

licence for gambling game operation before the effective date of the generally binding order until the expiry

of this individual licence.

(6) The generally binding order pursuant to paragraph 5 (d) can be issued by the municipality if the

inhabitants


of the municipality complain in a petition that the public order in the municipality is disturbed in connection with

playing gambling games and such petition must be supported by at least 30 % of municipality's inhabitants who

have reached an age of 18. A special regulation on the capital of the Slovak Republic Bratislava4a) and a

special regulation on the city of Košice4b) may lay down a lower quorum of city's inhabitants, who have reached

an age of 18 and who must support such petition, however, the quorum must not be lower than 15 %; the lower

quorum shall be applied only provided that the competence in the area of gambling games is not transferred to

boroughs by the city's statute. The municipality shall notify the Ministry of posting a draft generally binding order

on an official board within three days after posting it up, and the municipality shall notify the Ministry of the

adoption of such generally binding order within three days from its adoption, providing also the effective date.

CHAPTER TWO

SUPERVISION

Article 11

Supervisory Bodies and their Competence

(1) Unless otherwise laid down by Article 58 (7), the supervisory bodies include:

a) the Financial Directorate of the Slovak Republic,

b) Tax Offices,

c) Customs Offices.

(2) The Financial Directorate of the Slovak Republic

a) performs supervision over the provision of prohibited offers,

b) performs supervision over the observance of duties pursuant to Article 15b (7) and special regulations,4c)

which are related to the provision of prohibited offers and apply to the entities under supervision

mentioned in Article 12 (k), in the form of on-site supervision and remote supervision,

c) unless otherwise laid down by Article 58 (5), performs supervision over

1. the observance of the provisions of this Act, other generally binding legal regulations, terms and

conditions of gambling game operation laid down in this Act and specified in the individual licence or

general licence, and the duties according to the approved game plan including the gambling game rules

applicable to the entities under supervision mentioned in Article

12 (a) to (c) or to their activities, in the form of on-site supervision, remote supervision, and

investigation,

2. the observance of the provisions of this Act and other generally binding legal regulations applicable to

the entities under supervision mentioned in Article 12 (d) to (j) or to their activities, in the form of on-site

supervision, remote supervision, and investigation.

(3) The Tax Office

a) performs supervision over




applicable to the entities under supervision mentioned in Article

12 (a) to (c) or to their activities, in the form of on-site supervision, remote supervision, and

investigation,



supervision, remote supervision, and investigation, except for the supervision over


the provision of prohibited offers,

b) issues authorisations for supervision performance for the employees of the authorised testing laboratory

(hereinafter the "invited person") if technical inspection is included in the supervision.

(4) The Customs Office

a) unless otherwise laid down by Article 58 (5), performs supervision over




applicable to the entities under supervision mentioned in Article 12 (a) to (c) or to their activities, in the

form of on-site supervision and investigation,



supervision and investigation, except for the supervision over the provision of prohibited offers,

b) imposes sanctions pursuant to this Act.

Article 12

Entities under Supervision

The entities under supervision according to this Act include

a) the gambling game operators,

b) the natural persons authorized to conduct business and legal persons that take part in the operation of

gambling games or on the basis of a contractual or similar relation perform activities for the operator of a

gambling game,

c) the natural persons that on the basis of an employment relationship, similar legal relation or other contractual

relation with the operator of a gambling game perform activities during the operation of gambling games,

d) the natural persons and legal persons that operate gambling games without the licence according to this

Act,

e) the natural persons and legal persons that promote gambling games,

f) the natural persons and legal persons that perform activities related to promotion of gambling games

based on a contractual relation or a similar relation,

g) the natural persons and legal persons that provide a prohibited offer,

h) the natural persons and legal persons that use the identification "casino" without a licence according to this Act, including derived word forms,

i) the natural persons and legal persons that organise sporting events pursuant to Article 3 (4) (a), except for

sports organisations registered in the sports information system,

j) the natural persons and legal persons that operate or promote contests, games or quizzes pursuant to

Article 3 (4) (b) to (f) and paragraphs 5 and 6,

k) other natural persons and legal persons within the scope of their duties pursuant to Article 15b (7) and

special regulations,4c) which are related to the provision of prohibited offers.

Article 13

General Principles of Supervision Performance

(1) Supervision is performed over the entities under supervision. In performing supervision over the entities

under supervision, the supervisory body obtains and evaluates information and background documents on the

facts concerning the entity under supervision and its activities in gambling game operation or gambling game

promotion or other persons whose position, transactions or other activity


are related to the the entity under supervision, in particular on shortcomings in the activity of the entities under

supervision, causes of the shortcomings found, consequences of the shortcomings found, and persons

responsible for the shortcomings found. Supervision is performed pursuant to this Act.

(2) Supervision over the entities under supervision is non-public.

(3) In performing supervision, the supervisory body and its employees who perform supervision on behalf of

the supervisory body (hereinafter the "person authorised to perform supervision") and the invited person hold

authorisations pursuant to this Act. The competent supervisory body shall be responsible for supervision

performance. The persons authorised to perform supervision and the invited person are not responsible for the

consequence of supervision performance to third persons; this shall not affect their labour-law responsibility to

the supervisory body and to the authorised testing laboratory, nor their criminal responsibility.

(4) If during supervision performance, the supervisory body finds out the facts suggesting that a crime has

been committed or other facts, they shall immediately notify it to the competent body of law enforcement and

criminal justice or competent bodies pursuant to special regulations.5) If during supervision performance, the

supervisory body finds out an unusual business transaction or violation of duties of the entities under

supervision in preventing or disclosing income from money laundering and terrorism financing, they shall notify

it immediately to the service of financial police of the Police Force and to the state authority fulfilling tasks in

the area of protection of the constitutional arrangements, internal order and security of the state.

(5) The entity under supervision, members of its bodies, its employees and other persons, whose activity is

related to the entity under supervision, shall be obliged to allow the supervision performance, to refrain from

any activity that could obstruct the supervision performance, and to provide in the official state language any

information, documentation, cooperation and assistance requested by the supervisory body or persons

authorised to perform supervision for the purpose of supervision performance; if the documentation is in other

than the official state language, the entity under supervision shall be obliged to submit, at their own expense,

the officially certified translation of the documentation into the official state language.

(6) On-site supervision means obtaining information and background documents on the facts concerning

the entity under supervision and its activities or other persons whose position, transactions or other activity are

related to the entity under supervision, generally directly in the entity under supervision or from its employees,

as well as evaluation of the obtained information and background documents; the obtained information and

background documents can also be used for the purpose of proceedings in the area of gambling games

conducted by government authorities in the area of gambling games and by the municipalities. On-site

supervision does not mean obtaining and evaluating of information and background documents on site in a

proceeding conducted pursuant to Article 57 (1).

(7) Remote supervision means obtaining and evaluating information and background documents concerning

the entity under supervision and its activities or other persons whose position, transactions or other activity are

related to the entity under supervision in other way than through on-site supervision, in particular by obtaining

and evaluating information and background documents submitted to the supervisory body based on their written

request, on the basis of information made accessible or submitted to the supervisory body and government

authorities in the area of gambling games and municipalities pursuant to this Act and on the basis of publicly

available information; the obtained information and background documents can also be used for the purpose

of proceedings in the area of gambling games conducted by government authorities in the area of gambling

games and by the municipalities. Remote supervision does not mean obtaining and evaluating of information

and background documents remotely in a proceeding conducted pursuant to Article 57 (1). The person

authorised to perform supervision shall draw up minutes of the remote supervision performed, Article 15 (9)

shall apply to it accordingly.

(8) In performing remote supervision over the operation of video lottery terminals, the Tax Office uses an

end device allowing on-line access.5a)

(9) Investigation means obtaining and evaluating of information and background documents on the facts

concerning the entity under supervision and its activities or other persons whose position, transactions or other

activity are related to the entity under supervision, in other way than through on-site supervision


and remote supervision, in particular by obtaining and evaluating of information and background documents

through local investigation performed by the persons authorised to perform supervision even with concealed

identity; the information and background documents obtained in such a way can also be used for the purpose

of proceedings in the area of gambling games conducted by government authorities in the area of gambling

games and by the municipalities. Investigation does not mean obtaining and evaluating of information and

background documents through local investigation in a proceeding conducted pursuant to Article 57 (1). The

person authorised to perform supervision shall draw up minutes of the investigation activities performed, Article

15 (9) shall apply to it accordingly.

(10) The costs connected with the on-site supervision, remote supervision and investigation incurred by the

supervisory body shall be borne by the supervisory body, and the costs incurred by the entity under supervision

shall be borne by the entity under supervision.

Article 14

Confidentiality

(1) The persons authorised to perform supervision and the invited persons shall be obliged to keep

confidential the facts they learn of during the performance of their activity. This duty shall also survive the

termination of their employment or activity performance.

(2) The provision of paragraph 1 shall not affect the provisions of a special regulation.6)

(3) The head of the supervisory body can discharge the persons pursuant to paragraph 1 from the duty of

confidentiality.

(4) Violation of confidentiality shall not include the notification or disclosure of the subject of confidentiality

a) to other supervisory body or other person authorised to perform supervision of the same supervisory body

for the purposes of supervision performance,

b) to Tax Offices or municipalities competent according to the registered office of the gambling game operator

that perform the administration of levies to the state budget or to the budget of the municipality pursuant to

this Act (hereinafter the "competent levy administrator") for the purpose of levy administration,

c) to the authorities competent pursuant to this Act to make decisions on legal remedies for the purpose of

decision-making on legal remedies,

d) to the Ministry for the purpose of performance of tasks pursuant to this Act or special regulations,7)

e) to the bodies of law enforcement and criminal justice, service of criminal police and service of financial police

of the Police Force based on special regulations,8)

f) to the bodies entitled to control the activity of Tax Offices, municipalities and the Ministry or its superior body

or appeal body pursuant to a special regulation9) for the purpose of control and in connection with the

application of their competence,

g) to the court for the purpose of legal proceedings,10)

h) to a legal person established by the Ministry for information processing by means of computer technology,

i) to the Ministry of Agriculture of the Slovak Republic for the purpose of notification of supervision results for

the operators of race bets,

j) to a representative authorised to represent the supervisory body in the proceedings before courts,

k) to the authorised testing laboratory if it performs a technical inspection or assessment of equipment at the

request or for the purposes of the supervisory body, Ministry or bodies mentioned in subparagraph (e),

l) to the National Security Authority, Slovak Information Service, Military Intelligence and Police Force for the

purposes pursuant to a special regulation.10a)

(5) Violation of confidentiality shall not include the notification or disclosure of the subject of


confidentiality with the written consent of the supervisory body concerned by the subject of confidentiality.

Article 15

On-Site Supervision Procedure

(1) On-site supervision can be performed by the person authorised to perform supervision holding a service

card authorising to perform supervision; if the supervision includes technical inspection, the invited person must

hold a written authorisation for on-site supervision performance issued by the Tax Office.

(2) The person authorised to perform supervision and the invited person is excluded from on-site supervision

performance if in consideration of their relation to the subject of supervision, entity under supervision or their

employees, doubts may arise about their impartiality.

(3) On-site supervision begins on the day when the person authorised to perform supervision proves their

identity to the entity under supervision by the service card authorising to perform supervision; if the supervision

includes technical inspection, on-site supervision begins on the day when the invited person proves their

identity to the entity under supervision by a written authorisation for supervision performance pursuant to

paragraph 1. From the beginning of the on-site supervision, the supervisory body, the person authorised to

perform supervision and the invited person are entitled to request from the entity under supervision and their

employees the cooperation and fulfilment of duties for the purpose of on-site supervision performance including

the submission of documents, background documents, information on technical carriers and other information,

papers and things, as well as their delivery within a time limit specified by the supervisory body.

(4) In performing on-site supervision, the person authorised to perform supervision is authorised

a) to enter the registered office of the gambling game operator, the rooms of the entity under supervision,

gambling houses, lands and other structures or rooms that are related to the operation of gambling games

or promotion of gambling games to the extent necessary for the purposes of supervision performance,

b) to request from the entity under supervision and its employees the provision, within a time limit specified by

the person authorised to perform supervision, of

1. originals of documents, other papers, statements and information including the technical carriers of

data necessary for supervision performance,

2. explanations, statements and other verbal and written information regarding the subject of supervision

and the shortcomings found,

c) to detain, in justified cases, the documents or the gambling machine, technical equipment, other devices or

systems pursuant to Article 30 (2) and to take them in order to provide for evidence and perform other acts

related to supervision,

d) to invite an invited person, if the supervision includes technical inspection; the invited person shall be obliged

to take part in the inspection and the costs connected with their participation in the technical inspection shall

be borne by the authorised testing laboratory.

(5) In performing on-site supervision, the person authorised to perform supervision is obliged

a) to prove their identity to the entity under supervision no later than at the beginning of their participation in

on-site supervision performance by the service card authorising to perform supervision; if the supervision

includes technical inspection, the invited person must prove their identity to the entity under supervision no

later than at the beginning of their participation in on-site supervision performance by the written

authorisation for supervision performance pursuant to paragraph 1,

b) to issue to the entity under supervision a written confirmation of confiscation of original documents, other

papers, statements, information including technical carriers of data, equipment and systems, and to provide

for their proper protection against loss, destruction, damage and abuse; if these


papers or things are not necessary for further performance of supervision over the entity under supervision, they shall be obliged to return them to the person whom they were confiscated and to issue a written confirmation of returning them,

c) to work out a written report on the result of the on-site supervision (hereinafter the "report"), to deliver one

copy of the report to the entity under supervision, to specify an adequate time limit, at least three business days, for the entity under supervision to submit written objections to the data included in the report, to verify immediately the righteousness of the written objections submitted by the entity under supervision, and to deliver to the entity under supervision a written notice of the result of review of the submitted written objections,

d) to specify and notify in writing, if applicable, the entity under supervision of the time limits within which the

entity under supervision shall be obliged to adopt and fulfil their measures for the elimination and rectification of the shortcomings found out during the on-site supervision and the causes of their occurrence, and to submit to the supervisory body a written report on the adopted measures and on the fulfilment of the adopted measures; the supervisory body can specify or change the time limits pursuant to this provision for objective reasons also after the completion of the on-site supervision,

e) to respect the rights of the entity under supervision pursuant to this Act,

f) to ensure the protection of information and background documents obtained during the on-site supervision

in order to avoid unauthorised disclosure of classified information, business secret, tax secret and other information concealed or protected by the duty of confidentiality expressly imposed or acknowledged

pursuant to special regulations;10b) the provision of such information and background documents for the performance of competence of government authorities and municipalities in the area of gambling games pursuant to this Act, if it is necessary for their performance, shall not represent a violation of this duty,

g) to fulfil other duties laid down by this Act.

(6) The entity under supervision and its employees shall be entitled

a) to be personally or through an attorney present at the performance of the on-site supervision,

b) to provide their written opinion on the shortcomings found out during the performance of the on-site

supervision, which were notified to them during the performance of the on-site supervision by the persons authorised to perform supervision,

c) to submit, within the specified time limit, written objections to the data included in the report.

(7) The entity under supervision shall be obliged

a) to create suitable material and technical conditions for the performance of the on-site supervision, b) to adopt and fulfil the adopted measures for the elimination and rectification of the shortcomings found out

and the causes of their occurrence without undue delay, however, no later than within the time limit pursuant to paragraph 5 (d),

c) to submit immediately to the supervisory body a written report on the fulfilment of the measures adopted for the elimination and rectification of the shortcomings found out and the causes of their occurrence.

(8) The entity under supervision, members of its bodies, its employees and other persons, whose activities

is related to the entity under supervision, shall also be obliged during the performance of the on-site supervision to

a) allow the execution of the authorisations held during the performance of the on-site supervision by the

supervisory body, persons authorised to perform supervision, and the invited person,

b) to provide the persons authorised to perform supervision and the invited person with the cooperation

requested by them for the purpose of performance of the on-site supervision, in particular the documents, other papers, verbal and written information, and verbal and written statements on the subject of supervision and on the shortcomings found out,

c) to take part, at the request of the persons authorised to perform supervision, in the negotiation of the report

and written objections of the entity under supervision to the data provided in the report; the refusal to take part in the negotiations of the report and the submitted reasons for such refusal to participate shall be recorded in the report,

d) to fulfil other duties laid down by this Act.


(9) The report shall contain

a) the name and registered office of the supervisory body and the name and surname of the persons authorised

to perform supervision who performed the on-site supervision, and the name and surname of the invited

person, if the supervision included technical inspection,

b) the name or business name and the registered office of the entity under supervision, for a legal person, or

the name, surname and address of the entity under supervision, for a natural person,

c) the place, date of commencement and period of duration of the performance of the on-site supervision,

d) the subject of the performed on-site supervision and the supervised period, if applicable,

e) the description of the issue of fact and shortcomings found out during the supervision performed, including

the provision of written background documents and other facts proving such findings, and the legal

regulations, whose violation was found out, including the shortcomings found out during the performance of

the on-site supervision beyond the ambit of the subject of supervision,

f) the time limit specified for the entity under supervision to submit written objections to the data provided in

the report,

g) the names, surnames and signatures of the persons, who performed the supervision, and the name,

surname and signature of the natural person, if a natural person is the entity under supervision; if a legal

person is the entity under supervision, the name, surname and signature of its statutory representative or

authorised deputy to such statutory representative shall be provided,

h) the place and date of report preparation.

(10) The report shall include the document on the delivery of the report to the entity under supervision, as

well as possible written objections of the entity under supervision to the data included in the report, a copy of

the written notice to the entity under supervision on the result of the review of the submitted written objections

of the entity under supervision, and the document on the delivery of the notice to the entity under supervision.

(11) The on-site supervision shall be completed by delivering the written notice to the entity under

supervision on the result of review of their written objections to the data mentioned in the report, if the entity

under supervision submitted such objections; otherwise the performance of the on-site supervision shall be

finished after the expiry of the time limit specified for the entity under supervision for the submission of written

objections to the data included in the report, without the submission of any objections.

(12) The shortcomings in the activity of the entity under supervision mentioned in the report shall be

considered found from the date of completion of the on-site supervision.

(13) The supervisory body shall keep the report for five years after the completion of the on-site supervision.

(14) The Police Force shall provide protection to the persons authorised to perform supervision in performing

the on-site supervision pursuant to a special regulation.10c)

Article 15a

Procedure during Investigation with Concealed Identity

(1) If supervision is performed in the form of investigation with concealed identity, the supervisory body shall

issue a written authorisation for supervision performance with concealed identity containing the card number

of the person authorised to perform supervision with concealed identity that was issued by the supervisory

body.

(2) The supervision in the form of investigation with concealed identity shall begin at the moment when the

person authorised to perform supervision with concealed identity carries out the first act towards the entity

under supervision, and last until the moment when the person authorised to perform supervision with concealed

identity proves their identity by the written authorisation from the supervisory body.


(3) The person authorised to perform supervision with concealed identity shall be authorised to perform

supervision over the observance of the provisions of Article 35 (6) to (8).

(4) The person authorised to perform supervision with concealed identity shall be obliged to prove their

identity by the authorisation for supervision performance with concealed identity only after the performance of

the acts necessary during the supervision in the form of investigation.

(5) All the payments made during the supervision in the form of investigation with concealed identity shall

be cancelled from the beginning by proving the identity of the person authorised to perform supervision with

concealed identity. The entity under supervision shall be obliged to reimburse to the supervisory body any

payments within the performance of the supervision, and the supervisory body shall return to the entity under

supervision the whole payment received within the performance of the supervision, and the payments must be

made within 30 calendar days from the day when the person authorised to perform supervision with concealed

identity proved their identity by the authorisation for supervision performance.

Article 15b

Supervision over the Provision of Prohibited Offers

(1) Supervision over the provision of prohibited offers shall mean the searching of the provision of prohibited

offers in the form of remote supervision, and the compilation of a list of websites, through which legal persons

or natural persons provide prohibited offers (hereinafter the "list of prohibited websites"), based on the

performed remote supervision.

(2) The list of prohibited websites shall be compiled and published by the Financial Directorate of the Slovak

Republic at its website always on the first business day in the week. The Financial Directorate of the Slovak

Republic shall be responsible for the correctness of data pursuant to paragraph 3.

(3) The list of prohibited websites shall contain

a) the name and surname of the natural person or the name or business name of the legal person that

provides a prohibited offer,

b) the address of the website, through which the legal person or natural person provides a prohibited offer,

c) the content of the prohibited offer provided,

d) the account number used by the legal person or natural person providing a prohibited offer for the purpose

of receiving stakes, if found out,

e) the date as at which the list of prohibited websites is compiled.

(4) For the purpose of detecting the data pursuant to paragraph 3 (a) to (d), the person authorised to perform

supervision shall be entitled to use the identification data of other natural person with their consent. Before

including the data pursuant to paragraph 3 (a) to (d) into the list of prohibited websites, the Financial Directorate

of the Slovak Republic shall send a call via electronic mail to the entity under supervision to terminate the

provision of prohibited offer within ten days from the sending of the call; if the electronic address is not provided

at the website, the data pursuant to paragraph 3 (a) to (d) can be included in the list even without sending the

call. The call must include a warning of consequences of a failure to terminate the provision of prohibited offer.

(5) The Financial Directorate of the Slovak Republic shall not include into the list of prohibited websites or

exclude from this list the entity under supervision that will prove that they do not provide prohibited offer or if

the provision of prohibited offer has been terminated.

(6) In performing the supervision over the provision of prohibited offers, the Financial Directorate of the

Slovak Republic shall be entitled to request background documents for supervision performance from the

provider of payment services,10d) including the identification of the user of the payment services and

other information on the user


of the payment services that is the entity under supervision; the Financial Directorate of the Slovak Republic

can also request from the provider of payment services the background documents for supervision performance

pursuant to Article 11 (2) (b).

(7) The legal person or natural person providing electronic communication networks10e) and electronic

communication services,10e) shall be obliged, based on an order of court issued at the request of the

Financial Directorate of the Slovak Republic, to prevent access to the website, through which the prohibited

offer is provided. The legal person or natural person providing payment services,10d) shall be obliged, based

on an order of court issued at the request of the Financial Directorate of the Slovak Republic, to prevent the

execution of the payment operation or other payment service in favour of the account used by the person

providing the prohibited offer for the purpose of stake acceptance in providing the prohibited offer.

(8) A judge of the court competent pursuant to a special regulation10f) shall be competent to issue an

order pursuant to paragraph 7. No remedy is admissible against the order of court pursuant to paragraph 7.

(9) The request pursuant to paragraph 7 first sentence must be in writing and must contain

a) identification of the person providing electronic communication networks10e) and electronic

communication services,10e)

b) the data on the website, the access to which is to be prevented,

c) the data on the scope and time limit of prevention of the access to the website,

d) the reasons why it is necessary to prevent the access to the website.

(10) The order of court pursuant to paragraph 7 first sentence must be issued in writing within seven days

from the filing of the request and must contain

a) identification of the court issuing the order,

b) identification of the person providing electronic communication networks10e) and electronic

communication services,10e)

c) the data on the website, the access to which is to be prevented,

d) the data on the scope and time limit of prevention of the access to the website,

e) the reasons why it is necessary to prevent the access to the website.

(11) The request pursuant to paragraph 7 second sentence must be in writing and must contain

a) identification of the person providing payment services,10d)

b) the account number used by the person providing a prohibited offer for the purpose of receiving stakes,

c) the data on the scope and time limit of prevention of performance of the payment operation or other paid

service in favour of the account pursuant to subparagraph (b),

d) the reasons for the need of prevention of performance of the payment operation or other paid service in

favour of the account pursuant to subparagraph (b).

(12) The order of court pursuant to paragraph 7 second sentence must be issued in writing within seven

days from the day of filing of the request and must contain

a) identification of the court issuing the order,

b) identification of the person providing payment services,10d)

c) the account number used by the person providing a prohibited offer for the purpose of receiving stakes,

d) the data on the scope and time limit of prevention of performance of the payment operation or other paid

service in favour of the account pursuant to subparagraph c),


e) the reasons for the need of prevention of performance of the payment operation or other paid service in

favour of the account pursuant to subparagraph (c).

(13) The Financial Directorate of the Slovak Republic shall publish the order of court pursuant to paragraph

7 at its website and deliver it personally to the persons mentioned in paragraph 10 (b), if an order of court

pursuant to paragraph 7 first sentence is concerned, or to the persons mentioned in paragraph 12 (b), if an

order of court pursuant to paragraph 7 second sentence is concerned, who based on the order shall perform

acts pursuant to special regulations.4c)

(14) If the reasons for the issuance of an order of court pursuant to paragraph 7 cease to exist, the Financial

Directorate of the Slovak Republic shall ask the respective court to cancel it.

CHAPTER THREE

LICENCES

Licences according to this Act are:

a) general licence,

b) individual licences, which include

Article 16

1. licence for the operation of lottery games,

2. licence for the operation of casino gambling games,

3. licence for the operation of bet games,

4. licence for the operation of gambling games by means of gambling machines,

5. licence for the operation of gambling games operated by means of technical equipment operated directly

by gamblers or operated by means of telecommunication equipment, and operation of video lottery

terminals,

6. licence for the operation of gambling games via the Internet,

7. licence for the operation of state lottery,

8. licence for the operation of gambling games according to Article 3 (2) (i),

9. licence for the operation of a charity lottery.

Article 17

(1) A licence may be granted or issued only to a legal person with a registered office in the territory of the

Slovak Republic. If legal persons with foreign participating interest are concerned, a licence may be granted or

issued only to a legal person with foreign participating interest with the registered office or permanent residence

in a Member State of the European Union or a member state of the Organisation for Economic Cooperation

and Development.

(2) A licence may be granted or issued also for an established legal person prior to its registration in the

Companies Register or similar public register, if they fulfil the conditions stipulated by this Act for licence

granting and issuance. A licence is valid as of the day of this legal person’s registration in the Companies

Register or similar public register. If a legal person does not submit a proposal for registration in the Companies

Register or similar public register within 90 days from receiving the decision on granting an individual licence

or from the day of publication a general licence or if the register court or other relevant body does not register

a legal person in the Companies Register or similar public register, the legal person must return the licence to

the body that granted or issued the licence.

(3) A licence must not be transferred to another person, not even as a component of the enterprise during

the transfer of the enterprise or its part, and the licence does not pass on to a legal successor at fusion,

merger or


division of the gambling game operator.

(4) The conditions for granting or issuing a licence must be fulfilled throughout the whole period of licence

validity.

Article 18

General Licence

(1) Draw in-kind lotteries, raffles and off casino card games may be operated on the basis of a general

licence issued by the Ministry and after fulfilling the notification duty according to Article 19. In the general

licence, the Ministry will determine the conditions for the operation of draw in-kind lotteries, raffles and off casino

card games.

(2) The Ministry shall issue the general licence for a number of legal persons not determined beforehand

according to Article 17 (1) and (2); after meeting the conditions specified in the licence, the persons may operate

the gambling game for which this licence is issued. The general licence is issued for an indefinite period.

(3) The conditions stated in the general licence for the operation of draw in-kind lotteries and raffles include

in particular

a) game plan essentials,

b) the way and time limit of depositing the financial guarantee pursuant to Article 36,

c) the way and time limit of levy payment pursuant to Article 37,

d) fact and content essentials of the lot,

e) conditions of drawing of lots,

f) the requirements to be met by natural person responsible for gambling game operation in terms of

experience and education of the person and their position with the legal person pursuant to Article 17 (1)

and (2),

g) the way, scope and time of archiving the documents regarding the draw in-kind lottery and raffle,

h) the essentials of notification of the draw in-kind lottery or raffle.

(4) The conditions stated in the general licence for the operation of off casino card games include in particular

a) game plan essentials,

b) the way and time limit of depositing the financial guarantee pursuant to Article 36,

c) the way and time limit of levy payment pursuant to Article 37,

d) the number of tables with the specification of their type,

e) the way of table marking,

f) the type of tournament and time of tournament duration,

g) the amount of allocation of funds to the tournament,

h) the number of gamblers,

i) the requirements to be met by natural person responsible for gambling game operation in terms of

experience and education of the person and their position with the legal person pursuant to Article 17 (1)

and (2),

j) the way, scope and time of archiving the documents regarding the off casino card games,

k) the essentials of notification of the off casino card game.

(5) The conditions mentioned in the general licence must correspond to the nature of the gambling game,

for which the general licence is issued; they must be adequate, transparent and must not handicap the persons

interested in gambling game operation based on a general licence.


(6) The Ministry shall publish the draft general licence public in the manner according to a special regulation,

at least 40 days before its expected declaration together with a call for submission of comments and information

on where and in what deadline they may be applied to the draft general licence; this deadline must not be

shorter than 30 days from the day of the release of this draft. The Ministry shall release the evaluation of

comments to the draft general licence in the manner according to a special regulation.

(7) The Ministry shall announce the general licence by publishing it in the Financial Reporter of the Ministry.

The general licence shall come into force on the date of publishing unless it contains a later date of coming into

force.

(8) Paragraphs 6 and 7 shall also be applied accordingly to a change of cancellation of the general licence.

(9) In case of a change or cancellation of the general licence, the gambling game operators that have fulfilled

the notification duty pursuant to Article 19 can finish the operation of the draw in-kind lottery, raffle or off casino

card game according to the original general licence.

Article 19

Notification Duty

(1) The legal person that wants to operate a draw in-kind lottery, raffle or off casino card game shall be

obliged to notify this intention to the locally competent Tax Office no later than 15 days before the

commencement of their operation unless a longer time limit is specified in the general licence.

(2) The notification must be in writing and contain

a) the name or business name, registered office, legal form and data on the registration of the legal person

pursuant to paragraph 1 in the Companies Register or similar public register, if such registration is required

for the establishment of the legal person, the identification number of the legal person pursuant to paragraph

1, if assigned,

b) the name and surname of the natural person or natural persons authorised to act on behalf of the legal

person pursuant to paragraph 1,

c) the game plan of the gambling game,

d) the date of commencement and termination of gambling game operation,

e) the amount of levy if it can be specified before the commencement of gambling game operation,

f) other data specified by the general licence.

(3) Based on the deliver of a complete notification, the Tax Office shall register the legal person pursuant to

paragraph 1 in the register of gambling game operators based on the general licence. If the notification is not

complete, no later than within ten days from the delivery of such notification, the Tax Office shall call upon the

legal person pursuant to paragraph 1 to supplement it while specifying the time limit that must not be shorter

than five days. The Tax Office, to which the legal person pursuant to paragraph 1 delivered a complete

notification, shall, within seven days from the day of delivery of such notification, confirm to the person the

fulfilment of the notification duty. The confirmation of the fulfilment of the notification duty shall contain the

period of gambling game operation, the validity of the confirmation, which is 12 calendar months from the

issuance, the data concerning the payment of levies, and the list of establishments. A copy of the notification

pursuant to paragraph 2 and the game plan of the gambling game, which must contain an official seal and date

identical with the date of confirmation issuance on each page, shall be enclosed to the confirmation.

(4) If the gambling game operator wants to continue in gambling game operation based on the general

licence for a period longer than the one mentioned in the notification pursuant to paragraph 2 (d), they shall be

obliged to notify their intention to the locally competent Tax Office no later than 15 days before the day of

termination of gambling game operation. Based on the delivery of this notification, the Tax Office


shall keep the gambling game operator in the register of gambling game operators based on the general licence

and issue the confirmation of notification duty fulfilment to the gambling game operator.

(5) The Tax Office locally competent according to the registered office of the operator of the off casino card

game shall, no later than within five days from the day of crediting the levy to its account, produce a registration

label for each card table separately and within the same time limit, it shall send the registration labels along

with the copy of the notification, confirmation of notification duty fulfilment and game plan pursuant to paragraph

3 to the Tax Office competent according to the place of operation of the card table. The registration label shall

contain the identification of the Tax Office locally competent according to the registered office of the operator

of the off casino card game, the number of the registration label, the business name, registered office and

identification number of the operator of the off casino card game, the period of validity of the registration label,

the date of production and the seal of the Tax Office that produced the label. The Tax Office competent

according to the place of operation of the card table shall attach the registration label to the card table no later

than within five days from its delivery in such a way that if the registration label is unstuck, it will be irreversibly

destroyed.

(6) The operation of the gambling game by a legal person pursuant to paragraph 1 or by a gambling game

operator pursuant to paragraph 4 without the delivery of the notification within the specified time limit or without

the supplementation of an incomplete notification shall be considered operation of gambling game without

licence.

(7) As at 30 June and as at 31 December, the Financial Directorate of the Slovak Republic shall work out

for the Ministry the list of legal persons pursuant to paragraph 1 included in the register of gambling game

operators based on the general licence for a period of previous six months and submit it to the Ministry within

15 days from the date of preparation. In the list, the Financial Directorate of the Slovak Republic shall provide

the name, or the business name, registered office and the identification number of the gambling game operator,

as well as the amount of the levy, if it is known already. The Ministry shall publish the list of gambling game

operators based on the general licence on the Internet.

Application for Granting an Individual Licence

Article 20

(1) An application for granting an individual licence may be filed only by a joint-stock company or limited-

liability company with a Supervisory Board established, unless otherwise specified by this Act; if the application

is filed by a joint-stock company, its shares must be issued as book-entry personal shares.

(2) The registered capital of the applicant must amount to at least

a) EUR 331,900 for draw pecuniary lotteries and draw pecuniary-in-kind lotteries,

b) EUR 331,900 for instant lotteries,

c) EUR 66,300 for bingo games except for the special bingo,

d) EUR 66,300 for the gambling games operated by means of gambling machines,

e) EUR 331,900 for bet games,

f) EUR 331,900 for the gambling games operated by means of technical equipment operated directly by

gamblers and for the gambling games operated by means of telecommunication equipment, and for

operation of video lottery terminals,

g) EUR 1,659,600 for casino gambling games.

(3) The registered capital must be paid-up only by a monetary deposit and must be paid-up on the day of

filing of an application for granting an individual licence at the latest.

(4) The applicant shall provide for the following in the application for granting an individual licence


a) the business name and registered office,

b) identification number if it has been already assigned to the applicant,

c) the amount of registered capital,

d) the list of partners or shareholders, possibly allottees, which must include

1. the business name, registered office, identification number or first name, surname, permanent residence

and birth number of the partner or shareholder, possibly allottee or the date of birth, if the birth number

has not been assigned,

2. the number and total nominal value of shares that are owned by a shareholder, possibly the number and

total nominal value of shares that have been allotted by an allottee, or the amount of the partner’s

contribution and amount of their business share,

3. the data on voting rights of the shareholder or partner,

e) information on voting rights of the shareholder or partner, who has more than 10 % of voting rights in other

legal persons including legal persons with the registered office outside the territory of the Slovak Republic,

and the details on the owners of such shareholder, possibly on the allottee or partner,

f) the first names, surnames and birth numbers, or the date of birth if a birth number has not been assigned,

of members of the Board of Directors, Supervisory Board, executive officers, procurators and natural

persons responsible for internal control,

g) the first name, surname and birth number, or the date of birth if a birth number has not been assigned, of a

professionally competent natural person holding an office of a statutory body or a member of a statutory

body that will be responsible for the operation of the gambling game,

h) the territorial scope of the operation and place of the gambling game,

i) the description of the technical equipment, device used during the operation of video lottery terminalsor

telecommunication equipment for the operation of the gambling game,

j) the description of other equipment and systems specified in Article 30 (2), if they will be used during the

operation of the gambling game,

k) the period during which the gambling game will be operated and the estimated date of the beginning of

gambling game operation.

(5) The applicant must prove

a) the payment of the registered capital and financial guarantee in full in the way according to paragraph 6 (j)

and (n),

b) a transparent, credible and legal origin of the registered capital and financial resources representing the

financial guarantee, by providing the facts on the origin of the registered capital and these financial

resources; this shall not apply to the application for granting an individual licence for the operation of state

lottery, which permits the operation of the lottery of cash receipts,

c) professional competence of natural persons responsible for gambling game operation by enclosing a

professional curriculum vitae with the summary of professional experience and completion of vocational

trainings and internships including declarations on word of honour that the data in the curriculum vitae are

true, and these persons' signatures in the declarations on word of honour must be officially certified,

d) material support to the operation of the gambling game including the securing of electronic data transmission

through secure communication if it will be used during gambling game operation,

e) the number of employees and the number of entities with which the applicant will cooperate during gambling

game operation.


(6) The applicant shall enclose the following to the application for granting an individual licence

a) an extract from the Companies Register, no older than three months from the day of filing the application

for granting an individual licence, for the only founded companies, the foundation charter or partnership

agreement,

b) Articles of Association,

c) the draft organisational structure of the applicant,

d) the draft business and financial plan concerning the gambling game operation, which must contain in

particular

1. the expected extent of gambling game operation in terms of the volume of gained proceeds and

possibilities of expansion in terms of financial, personnel and organizational possibilities of the applicant

in the first three years,

2. the estimated expenditure spent on gambling game operation,

3. the estimated financial sources that will have to be spent on gambling game operation, and the method

of their acquisition,

4. the expected extent of liabilities arising in connection with the operation of the gambling game,

e) a written declaration of partners or shareholders, possibly their allottees, that their property was not

declared bankrupt nor the petition for bankruptcy was refused for a lack of assets; this shall not apply if a

national lottery company is the applicant for individual licence granting,

f) the documents proving the integrity of the applicant and natural persons responsible for the operation of

the gambling game and natural persons that are members of the statutory body or are the statutory body,

g) the game plan in such form that after its approval it can be placed in the places of gambling game operation

or can be otherwise available to gamblers,

h) the declaration of the applicant on taking measures to prevent persons younger than 18 years from taking

part in the gambling game,

i) the document on payment of the administrative fee according to a special regulation, 11)

j) the confirmation of the Tax Office locally competent according to the registered office of the applicant,

through which the applicant will prove that they have deposited an amount corresponding to the amount of

the financial guarantee, and the declaration on word of honour that for depositing the financial guarantee,

financial resources from loans, credits or other foreign sources pursuant to Article 36 (2) were not used;

this shall not apply for the application for granting an individual licence for state lottery operation permitting

the operation of the lottery of cash receipts,

k) the documents on the technical assessment of the equipment and systems specified in Article 30 (2), which

will be used during the operation of gambling games,

l) the confirmation of the Tax Office locally competent according to the registered office of the applicant unless

otherwise specified by a special regulation11a) that the applicant has no arrears registered by the tax

administrator and arrears of levies to the state budget pursuant to this Act,

m) the written declaration of the applicant that in the municipality territory, in which they want to operate the

gambling game pursuant to Article 3 (2) (b), (d), (e) and (i), as at the date of filing of application for granting

an individual licence for the operation of this gambling game, its operation is not restricted by a generally

binding municipality order, to which Article 58m (20) is applied; the declaration shall not be enclosed by the

applicant for granting an individual licence for the operation of lottery games and gambling games via the

Internet,

n) the written declaration of the applicant that in the municipality territory, in which they want to place a gambling house in the building


mentioned in Article 38 (4), as at the date of filing of application for granting an individual licence, its placing

in such a building is not restricted by a generally binding municipality order pursuant to Article 10 (5) (d)

and that the placing of the gambling house meets the requirements pursuant to Article 38 (4),

o) the statement of account in the bank or branch of a foreign bank through which the applicant proves that

they have paid up the amount corresponding to the amount of the registered capital pursuant to paragraphs

2 and 3; this shall not apply for the application for granting an individual licence for state lottery operation

permitting the operation of the lottery of cash receipts.

(7) If the documents mentioned in the paragraph 5 and in paragraph 6 (b), (c) and (d) have already been

submitted to the Ministry or municipality on other proceeding, a declaration that they were not changed and the

applicant will state, in which proceeding the documents were submitted.

(8) The natural person that has completed secondary education is considered to be a professionally

competent natural person unless otherwise laid down by this Act.

(9) For the purposes of this Act, a person possessing integrity shall mean the person who was not lawfully

sentenced for

a) an economic crime, crime against order in public matters or a crime against property,

b) other wilful criminal act.

(10) Integrity shall be proved by an extract from the Criminal Record. The natural persons, who do not have

the permitted permanent residence in the territory of the Slovak Republic, shall prove integrity by corresponding

documents issued by the state, the citizens of which they are, as well as by the documents issued by the states,

in which they stayed continuously for more than three months in the last three years (hereinafter the "foreign

document"). The aliens with abode in the territory of the Slovak Republic where at the time of proving integrity

this stay has lasted for at least six calendar months, shall submit besides the foreign document also the extract

from the Criminal Record. The citizens of the Slovak Republic that do not stay in the territory of the Slovak

Republic in the long term shall prove their integrity by a foreign document and extract from the Criminal Record.

The extract from the Criminal Record or the foreign document must not be older than three months at the time

of submission.

Article 20a

(1) An application for granting an individual licence for the operation of bet games pursuant to Article 6 (5)

may also be filed by a state-owned enterprise.

(2) The equity of the applicant shall amount to at least EUR 330,000.

(3) In their application for an individual licence pursuant to paragraph 1 the applicant shall specify the

essentials in accordance with Article 20 (4) (b), (g) to (k) as well as

a) the name and registered office of the applicant,

b) the name, registered office and identification number of the founder,

c) the amount of equity,

d) the first names, surnames and birth certificate numbers or the dates of birth, if a birth certificate number has

not been allocated, of the Supervisory Board Members, if such Board has been set up, the Director, other

natural persons authorised to act on behalf of the applicant and the natural persons in charge of internal

audit.

(4) In addition to the essentials referred to in Article 20 (5) (c) to (e), the applicant shall also document

a) the amount of equity as of the date of the submission of the individual licence application in accordance with

paragraph 1 by providing a document proving that amount of equity,

b) the payment of the financial guarantee in its entirety by providing a confirmation issued by the tax office locally


competent according to the applicant's registered office,

c) a transparent, credible and lawful source of funds representing such financial guarantee by specifying the

facts in respect of the origin of such funds.

(5) The applicant shall accompany their individual licence application pursuant to paragraph 1 with an

extract from the Companies Register issued no later than three months before the submission of the individual

licence application pursuant to paragraph 1, the Articles of Association and the documents in accordance with

Article 20 (6) (c), (d) and (f) to (l), and paragraph 10.

Article 20b

(1) An individual licence application for the operation of a charity lottery may only be filed by a

foundation11aa) having its seat within the territory of the Slovak Republic (hereafter the "foundation") or an

interest association of foundations11b) having its seat within the territory of the Slovak Republic (hereafter the

"interest association") provided that

a) the endowment of the foundation is at least EUR 166,000 or the sum of the endowments of all the interest

association's members totals to that amount,

b) over the last five years the foundation or the interest association's members have provided at least EUR

5,000,000 for the purpose of general public benefits to civic associations, non-for-profit organisations

providing services in general public benefits or other foundations, while each year it has provided at least

EUR 830,000 to at least 100 civic associations, non-for-profit organisations providing services in general

public benefits or other foundations,

c) the foundation or the interest association's members shall prove that their annual accounts were audited in

each out of the last five years.

(2) In their application for an individual licence pursuant to paragraph 1 the applicant shall specify the

essentials in accordance with Article 20 (4) (b), (g) to (k) as well as

a) the name and registered office of the foundation or interest association,

b) the name, registered office and identification number of the founder,

c) the amount of endowment of the foundation or the sum of endowments of all the members of the interest

association,

d) the first names, surnames and birth certificate numbers or dates of birth, if a birth certificate number has not

been allocated, of the Management Board Members and Supervisory Board Members, the Administrator of

the foundation and other natural persons authorised to act on behalf of the foundation or interest association.

(3) In addition to the essentials referred to in Article 20 (5) (c) to (e), the foundation or the interest association

shall also document

a) the amount of the foundation's endowment or the sum of endowments of all the members of the interest

association as of the date of the submission of individual licence application in accordance with paragraph

1 by submitting a document identifying such fact,

b) the payment of the financial guarantee in its entirety by providing a confirmation issued by the tax office

locally competent according to the applicant's registered office,

c) a transparent, credible and lawful source of funds representing such financial guarantee by specifying the

facts in respect of the origin of such funds.

(4) The foundation or the interest association shall accompany its individual licence application pursuant to

paragraph 1 with

a) an extract from the Foundations Register or an extract from the Interest Associations Register, issued no

later than three months before the submission of the individual licence application in accordance with

paragraph 1,

b) the Memorandum of the Foundation or the Minutes of the constituting members' meeting in the case


of an interest association,

c) a written declaration by the foundation's statutory representative indicating that the assets of the foundation

or the assets of the interest association are neither subject to any bankruptcy order nor any bankruptcy

petition has been rejected on the grounds of insufficient assets,

d) the documents in accordance with Article 20 (6) (c), d) and f) to l) and paragraph 10,

e) the description of the charity lottery, including the name thereof,

f) the specification of the objective of the charity lottery,

g) the specification of bet determination and the description of proving that a bet was placed,

h) the description, name and address of the facility that will be used for the operation of the gambling game,

i) the documents indicating that the facts pursuant to paragraph 1 ( b) and (c) and paragraph 3 (c) have been fulfilled.

Article 21

(1) When applying for a licence for operating draw pecuniary lotteries, draw pecuniary-in-kind lotteries as

well as instant lotteries, the applicant must, in addition to the documentation and facts mentioned in Article 20,

(4), (6) and (10), also attach to or mention in the application the following

a) a sample lot meeting the conditions listed in Article 41.

b) the declaration of the applicant for granting a licence for the operation of draw pecuniary lotteries, draw

pecuniary-in-kind lotteries and instant lotteries that the lots are sufficiently protected against forgery or other

abuse and the applicant shall be obliged to submit to the Ministry, no later than within five business days

before the commencement of the sale of lots, an expert opinion issued by an expert institute,11c)

c) the number of lots issued, and if several lot series are issued, also the exact identification of the series

specifying the number of lots issued in each series,

d) the time of sale of lots.

(2) In the application for licence granting for the operation of numerical lotteries, the applicant shall, in

addition to the documentation and facts mentioned in Article 20 (4), (6) and (10), also provide the way, in which

the gambler will determine their bet, and the way of proving of placing a bet by the gambler; if the gamblers will

use identical documents for bet determination, in which they will mark the bet, the applicant shall enclose a

sample of such document.

(3) When applying for granting a licence for operating bet games, the applicant must, in addition to the

documentation and facts mentioned in Article 20 (4), (6) and (10) or Article 20a (3) to (5), also attach to or

mention in the application the following

a) the subject and type of the bet game,

b) the amount of the handling surcharge, which is not included in the stake, if it will be required from

gamblers by the applicant,

c) addresses of betting offices,

d) the consent of the municipality, in which the betting office is to be located,

e) the applicant's declaration on word of honour that they are not interconnected in terms of assets, personnel

or otherwise with the sports organisations and clubs operating in the territory of the Slovak Republic, whose

results will represent the subject of bets; the signature of the natural person authorised to act for the

applicant must be officially certified,

f) the consent of the Ministry of Agriculture of the Slovak Republic to the operation of race bets concerning

the races taking place in the territory of the Slovak Republic.


(4) When applying for granting a licence for operating bingo, the applicant must, in addition to the

documentation and facts mentioned in Article 20 (4), (6) and (10), also attach to or mention in the application

the following

a) sample lots,

b) the address of the gambling house, in which bingo is operated,

c) the consent of the municipality to bingo operation in its territory.

(5) The applicant shall accompany their application for a licence for the operation of gambling games in

casino with the documents and facts referred to in Article 20 (4), (6), and (10) as well as the documents or

specification in the application of

a) the type of gambling games that will be operated in the casino,

b) the game plan of the gambling games operated in the casino,

c) the operating rules of the casino,

d) the number and type of gambling tables,

e) the number and type of gambling machines, technical equipment operated directly by gamblers and video

lottery terminals,

f) the specimen of chips,

g) the game currency,

h) the address of the casino,

i) a letter from the municipality indicating its opinion on having the casino within its municipal territory,

j) a monitoring equipment project for the purpose of monitoring the course of gambling games and daily

accounting in respect of gambling games in the casino, prepared by an authorised person, 11d)

k) professional CVs of the natural persons referred to in paragraph 6, indicating the completed studies and

language skills, including certificates of studies completed, overview of professional experience and

attendance of professional training and internships.

(6) Professional competence of natural persons proposed as members of the statutory body of the casino

gambling game operator, as managers of the casino gambling game operator in direct managing competence

of the statutory body, and natural persons responsible for the performance of internal control shall mean

completed university education and at least three-year experience in the area of gambling games or completed

secondary technical vocational education and at least ten-year practice in gambling games, of which at least

three years in managing function in direct managing competence of the statutory body of the gambling game

operator. The applicant shall be obliged to prove also five-year experience in the area of gambling games in

casino for at least one natural person proposed as manager in direct managing competence of the statutory

body.

(7) When applying for a licence for operating gambling games by means of technical equipment operated

directly by gamblers and for operation of video lottery terminals, the applicant must, in addition to the

documentation and facts mentioned in Article 20, (4), (6) and (10), also attach to or mention in the application

the following

a) the number of such technical devices or terminals and equipment used in operating video lottery

terminals,

b) addresses of places in which such technical equipment or video lottery terminals will be operated,

c) municipality's opinion on placing the technical equipment or equipment used in operating video lottery

terminals.

(8) When applying for a licence for operating gambling games by means of telecommunication equipment,

the applicant must, in addition to the documentation and facts mentioned in Article 20, (4), (6) and (10), also

attach to or mention in the application the following


a) the identification of the telecommunication equipment that will be used for the operation of the gambling

game,

b) the business name, registered office and identification number of the provider of services, through which

gamblers will pay stakes.

(9) If the application for granting an individual licence is incomplete, no later than within ten business days

from the delivery of the application, the Ministry or municipality shall call upon the applicant to supplement it,

specifying the time limit that must not be shorter than ten days, and warn the applicant that if the application is

not supplemented, the proceeding will be suspended.

(10) The applicant that wants to operate a gambling game pursuant to Article 3 (2) (i) shall provide in the

application for granting an individual licence for such gambling game, in addition to the documentation and

facts pursuant to Article 20 (4), (6) and (10), also the data provided in the application for granting an individual

licence for operation of such gambling game, whose character is most similar to the gambling game pursuant

to Article 3 (2) (i). In making decision on granting such licence, the Ministry or municipality shall assess the

essentials of the application accordingly pursuant to the provisions of this Act concerning the gambling game,

whose character is most similar to this gambling game.

(11) If the applicant for granting a licence for operation of gambling games operated by means of gambling

machines, technical equipment operated directly by gamblers, telecommunication equipment or in operating

video lottery terminals, they will operate a gambling game whose character is most similar to some of the

gambling games pursuant to Article 3 (2) (a) or (c), they shall be obliged to fulfil the conditions laid down by this

Act also for such gambling games.

(12) Any change in data and facts that do not require a modification in the individual licence in accordance

with paragraph 13 and which are identified in the individual licence application or in the documents serving as

the basis for granting the individual licence shall be notified by the gambling game operator to the licensing

authority no later than within 15 days of the occurrence of such change, except for the data pursuant to Article

20 (5) (d) and (e). Changes of the permanent residence address of the natural persons identified in the

individual licence or changes of the seat of the gambling game operator shall be notified by that operator to the

Ministry or the municipality and documented in a credible manner.

(13) In the case of any scheduled change in the data and facts identified in the individual licence, the

documents approved by the Ministry or the municipality in granting the individual licence or those that are

enclosed to the individual licence, the gambling game operator shall apply for a change in such licence in

advance. The provisions on individual licence granting shall be applied to the proceeding for the change in the

individual licence accordingly. The application for a change in the licence shall only state the facts or only be

accompanied with the documents affected by the licence change.

(14) If this Act, other generally binding legal regulations regarding gambling game operation or the facts

mentioned by the Ministry in the decision on granting the individual licence pursuant to Article 23 (2) are

changed, the Ministry shall be entitled to change the individual licence on its own motion, in view of aligning

such licence with the facts.

(15) The municipality's opinion pursuant to paragraph 5 (i) and paragraph 7 (c) shall remain in force for one

calendar year. During the validity of the individual licence, the gambling game operator shall be obliged to

submit, without undue delay, to the Ministry a new municipality's opinion according to the first sentence for

each calendar year of the validity of the individual licence.

(16) The applicant for granting or changing an individual licence for gambling game operation using technical

equipment pursuant to Article 1 (1) (c) specified according to the second sentence shall be obliged to submit

selected data on the equipment to the Ministry. The type of equipment, form, structure of the submitted data

and the way of submission shall be specified by the Ministry and published at their website.


Individual Licences

Article 22

(1) Unless otherwise laid down by this Act, gambling games can be operated on the basis of an individual

licence issued by the Ministry or municipality.

(2) The municipality issues the individual licence for gambling game operation by means of the gambling

machines that are located in its territory. In other cases, including the licence for the operation of gambling

machines in casinos, or if the stakes are paid in foreign currencies, the individual licence is granted by the

Ministry.

(3) The Ministry or municipality shall grant the individual licence to the applicant that submits a complete

application for its granting and proves the fulfilment of conditions laid down in this Act. After the decision on

granting the individual licence has come into legal force, the Ministry shall immediately send the decision to the

Financial Directorate of the Slovak Republic; the municipality shall send such decision immediately to the Tax

Office locally competent according to the registered office of the gambling game operator. If the applicant for

granting an individual licence for gambling game operation is an operator of this gambling game based on the

individual licence already granted, the Ministry or municipality shall grant a new individual licence to the

applicant for the operation of the same gambling game with the validity no sooner than on the day following the

day when the period for gambling game operation should have expired according to the individual licence

already granted, and the individual licence can be granted no sooner than 60 days before the date of beginning

of operation of the gambling game specified in the individual licence; the time limits for granting an individual

licence pursuant to Article 23 (1), Article 26 (2) and Article 28 (2) shall not be applied.

(4) The individual licence can be granted for maximum

a) two years for draw pecuniary lotteries draw pecuniary-in-kind lotteries, and instant lotteries,

b) five years for bet games,

c) five years for bingo except for the special bingo,

d) one calendar year for gambling machines except for the gambling machines operated in casino, for which

an individual licence is granted for a period corresponding to the life-cycle of gambling machines, however,

no longer than till the end of validity of the licence for gambling game operation in casino,

e) two years for the gambling games operated by means of technical equipment operated directly by gamblers

or for the gambling games operated by means of telecommunication equipment, and for operation of video

lottery terminals,

f) two years for gambling games pursuant to Article 3 (2) (i),

g) five years for state lottery,

h) two years for gambling games in casino,

i) five years for charity lottery.

Article 23

(1) Unless otherwise laid down by this Act, the individual licence shall be granted no later than within 15

business days from the day of submission of a complete application for granting an individual licence.

(2) In addition to the essentials pursuant to a special regulation,4) the decision on granting the individual

licence shall also contain the type of gambling game, for the operation of which the individual licence is

granted, the list and addresses of establishments, in which the gambling game will be operated, the account

number to which the levy


pursuant to Article 37 will be paid, the serial numbers of equipment used in operation of the gambling machines,

technical equipment operated directly by gamblers and video lottery terminals, the conditions for the

commencement of gambling game operation or termination of gambling game operation in the municipality, if

in this municipality, at the time of the proceeding for granting the individual licence a draft generally binding

order pursuant to Article 10 (5) (d) is posted on the official board, the game plan of the gambling game shall be

approved, if lots are used in gambling game operation, the sample lot shall be approved, and the

commencement of gambling game operation and the period, for which the individual licence is granted, shall

be specified; the decision on granting the individual licence to the national lottery company shall not contain

the list and addresses of establishments, in which the gambling game will be operated. The verdict of the

decision on granting the individual licence for gambling game operation granted by the Ministry can also contain

other characteristics of the technical equipment intended for gambling game operation. In the decision on

granting the licence for gambling game operation using the Internet for data transmission and collection, the

Ministry shall task the gambling game operator to

a) provide the following information accessible in a visible place during entire game: "Playing gambling

games is prohibited to persons younger than 18 years.“,

b) provide information on health risks resulting from excessive gambling accessible in a visible place during

entire game,

c) provide the following warning accessible in a visible place during entire game: "Gambling games represent

the risk of high financial losses.“,

d) provide information on the time of gambling by a gambler accessible in a visible place during the entire

game of the gambler,

e) refrain from offering and providing any loan or credit to a gambler before the commencement of the game

or in the course of it.

(3) The Ministry or municipality can withdraw an individual licence at the supervisory body's instance if the

gambling game is operated in conflict with the conditions laid down in this Act or specified in the individual

licence. The Ministry or municipality shall withdraw an individual licence if such facts occur or additionally

emerge, for which it would not be possible to grant the individual licence, or if it is proved additionally that the

data, based on which the individual licence was granted, are not true, or at the request of the gambling game

operator; the Ministry or municipality shall notify the withdrawal of the individual licence to the Financial

Directorate of the Slovak Republic within 15 days after the decision on individual licence withdrawal has come

into legal force.

Article 24

The gambling game operator registered in the Companies Register shall be obliged to file a proposal for the

registration of the permitted activity in the Companies Register based on the individual licence for gambling

game operation with the competent court within ten days from the day, when the decision on granting the

individual licence came into legal force, and to submit to the Ministry the extract from the Companies Register

within ten days from the day, when the court's decision on the registration in the Companies Register came

into legal force.

Licence for the Operation of Casino Gambling Games

Article 25

(1) The licence for the operation of casino gambling games is granted by the Ministry. If the licence for the

operation of casino gambling games is to be granted to a joint-stock company, all its shares must be issued as

book-entry personal shares; any change of their version or form is prohibited.

(2) Special conditions for the operation of casino gambling games include the reliability and public interest.

The reliability shall be assessed with respect to persons pursuant to Article 21 (6) and the public interest


shall be assessed in relation to the place where the casino gambling games are to be operated. In the

application for the licence for the operation of casino gambling games, the applicant shall be obliged to prove

their reliability and that the operation of casino gambling games in the selected place is not in conflict with the

public interest.

(3) Reliable person shall mean a person who has performed their functions or run a business without any

violation of generally binding legal regulations in the last ten years, and with respect to these facts they provide

guarantee that they will reliably and without any violation of generally binding legal regulations perform the

proposed function pursuant to Article 21 (6) including the fulfilment of duties resulting from generally binding

legal regulations.

(4) The licence for the operation of casino gambling games permits the operation of casino gambling games

pursuant to Article 5 (1) within the scope specified in this licence and under conditions specified in this licence.

(5) The word "casino", its translations or words containing these words in the core can be used in the

business name or for identification of the establishment providing goods or services only by the operator of

casino gambling games holding the licence granted pursuant to this Act.

(6) The provision of paragraph 5 shall not apply to legal persons, whose business name or name is

established or recognised by law or international treaty.

Article 26

(1) The Ministry shall grant the licence for the operation of casino gambling games to the applicant after the

submission of a complete application for granting the licence for the operation of casino gambling games and

after the proving of fulfilment of the conditions laid down by the Act, and if proper operation of casino gambling

games is ensured.

(2) The Ministry shall make decision on granting the licence for the operation of casino gambling games no

later than within 60 days from the submission of a complete application for granting the licence for the operation

of casino gambling games. The Ministry shall make the decision on licence change pursuant to Article 21 (13)

within 15 business days from the filing of a complete application.

(3) The Ministry shall refuse the application for granting the licence for the operation of casino gambling

games of the applicant fails to fulfil some of the conditions for licence granting pursuant to Article 20, 21 and

Article 25 (2). Economic needs of the market must not represent the reason for refusal of the application for

granting the licence for the operation of casino gambling games.

(4) In addition to the essentials pursuant to a special regulation,4) the decision on granting the licence for

the operation of casino gambling games shall include the type of the gambling games, for which the licence is

granted, the serial numbers of equipment used in operation of the gambling machines, technical equipment

operated directly by gamblers and video lottery terminals, the conditions for the commencement of casino

gambling game operation or termination of casino gambling game operation in the municipality, if in this

municipality, at the time of the proceeding for granting this licence a draft generally binding order pursuant to

Article 10 (5) (d) is posted on the official board, the duty of the gambling game operator to provide for monitoring

technology in the casino to control the course of gambling games and daily accounting of the result of bet

games in the casino, the commencement of operation of gambling games in the casino and the period, for

which the licence is granted, the serial numbers of equipment used in operation of the gambling machines,

technical equipment operated directly by gamblers and video lottery terminals, the conditions for the

commencement of casino gambling game operation or termination of casino gambling game operation in the

municipality, if in this municipality, at the time of the proceeding for granting this licence a draft generally binding

order pursuant to Article 10 (5) (d) is posted on the official board, and the following shall be approved


a) the game plan of the gambling games operated in the casino,

b) the operating rules of the casino,

c) the number and type of gambling tables,

d) the specimen of chips,

e) the game currency,

f) the address of the casino,

g) the number of gambling machines, technical equipment and video lottery terminals.

(5) The licence for the operation of casino gambling games can also contain conditions, which the casino

gambling game operator must fulfil before starting operating casino gambling games, or the conditions, which

the gambling game operator must observe in operating any permitted casino gambling game.

Article 27

The Ministry can withdraw the licence for the operation of casino gambling games at the instance of the

supervisory body if casino gambling games are operated in conflict with the conditions laid down in this Act or

specified in the individual licence for the operation of casino gambling games. The Ministry shall withdraw the

licence for the operation of casino gambling games if such facts occur or additionally emerge, for which it would

not be possible to grant the licence for the operation of casino gambling games, or if it is proved additionally

that the data, based on which the licence for the operation of casino gambling games was granted, are not true;

the Ministry shall notify the withdrawal of the licence for the operation of casino gambling games to the Financial

Directorate of the Slovak Republic within 15 days after the decision on the withdrawal of this licence has come

into legal force.

Licence for the Operation of State Lottery

Article 28

(1) The licence for the operation of state lottery can only be granted to the national lottery company.

(2) The application for granting the licence for the operation of state lottery is filed by the national lottery

company to the Ministry. The Ministry shall decide on the application for a state lottery licence within 30 days

after the submission of a complete application for the state lottery operation licence.

(3) The decision on granting the licence for the operation of state lottery shall approve the general essentials

pursuant to a special regulation4) as well as the game plan, the sample lot, if lots will be used in operation of

state lottery, specify the start date of the operation of the state lottery, the time limit for which the licence is

granted; and may also impose on the state lottery operator other conditions relating to the operation of the state

lottery. The decision on granting the licence for the operation of state lottery shall further contain in particular:

a) the objective of state lottery operation,

b) the number of lots, the price of one lot, and the total amount of the game principal, if they are known before

the beginning of state lottery operation and are used for gambling game operation; the number of lots, the

price of one lot, and the total amount of the game principal are not provided for the lottery of cash receipts,

c) the time limit for the submission of the final statement of the state lottery that must not exceed 60 days

from the date of licence expiry.


Article 29

(1) The decision on granting the licence for the operation of gambling game via the Internet can also contain

technical conditions of protection of gamblers, securing of payment of stakes and payout of winnings by means

of telecommunication equipment, and other technical and security-protection features of the server and

gambling systems that will be technically assessed in compliance with Article 30 to 34.

(2) In the decision on granting the licence for the operation of gambling game via the Internet , the Ministry

shall task the state lottery operator to

a) provide the following information accessible in a visible place during entire game: "Playing gambling

games is prohibited to persons younger than 18 years.“,

b) provide information on health risks resulting from excessive gambling accessible in a visible place during

entire game,

c) provide the following warning accessible in a visible place during entire game: "Gambling games represent

the risk of high financial losses.“,

d) provide information on the time of gambling by a gambler accessible in a visible place during the entire

game of the gambler,

e) refrain from offering and providing any loan or credit to the gambler before the commencement of the

game or during it.

Article 29a

Charity Lottery Operation Licence

(1) Licence for the operation of a charity lottery may only be granted to a foundation or an interest

association.

(2) Application for a charity lottery licence shall be submitted by a foundation or an interest association to

the Ministry. The Ministry shall decide on the application for a charity lottery licence within 30 days after the

submission of a full application for the charity lottery operation licence.

(3) The decision on granting a charity lottery licence shall approve the general essentials pursuant to a

special regulation4) as well as the game plan, the purpose of the operation of the charity lottery; specify the

start date of the operation of the charity lottery, the time limit for which the licence is granted; and may also

impose on the charity lottery operator other conditions relating to the operation of the charity lottery.

CHAPTER FOUR

TECHNICAL ASSESSMENT

Article 30

(1) Technical assessment is the activity of the authorised testing laboratory performed within the scope and

under the conditions mentioned in the authorisation for technical assessment pursuant to Article 31, after

performing of which the authorised testing laboratory shall issue a certificate pursuant to Article 32.

(2) The authorised testing laboratory can be requested in writing to provide technical assessment of

a) gambling machines,

b) technical equipment operated directly by the gamblers,

c) terminals and other equipment used in the operation of video lottery terminals,


d) equipment used in the operation of numerical lotteries and bingo,

e) the electronic connections between individual places of operation of gambling games and the central place

of evaluation of the course and results of the gambling game,

f) the interconnections and securing of interconnections with electronic communication networks if they are

used for the operation of a gambling game,

g) the software used for the operation of gambling games pursuant to Article 3 (2) (d) and (e) and its versions.

(3) The applicant shall be obliged to ensure the technical assessment of equipment and systems pursuant

to paragraph 2 before filing the application for granting the individual licence. The gambling game operator shall be obliged to ensure the technical assessment of equipment and systems pursuant to paragraph 2 after the expiry of the period, for which the certificate pursuant to Article 32 has been issued by the authorised testing laboratory.

(4) The equipment and systems pursuant to paragraph 2 can be technically assessed only by an authorised

testing laboratory and it can technically assess only those equipment and systems pursuant to paragraph 2, for the technical assessment of which it has been authorised.

(5) Only a legal person having its registered office within the territory of the Slovak Republic, which is for

the purpose of technical assessment of equipment and systems in accordance with paragraph 2 authorised12) and notified12) by the Slovak Office of Standards, Metrology and Testing and accredited12) may act as an authorised testing laboratory. The scope of authorisation and notification shall be laid down by a special regulation.13) The authorised testing laboratory shall be accredited within the scope of technical standards.13a)

Article 31

(1) The written application for granting authorisation for technical assessment may only be filed by a legal

person in accordance with Article 30 (5).

(2) The authorisation pursuant to paragraph 1 is issued by the Ministry for a definite period, however, at

least for a period of five years; after the expiry of this period and after performing control,3) the Ministry can extend the validity of the authorisation pursuant to paragraph 1.

(3) There shall be no entitlement to be granted a technical assessment authorisation in accordance with

paragraph 1.

(4) The Ministry publishes the list of authorised testing laboratories that have been granted an authorisation

pursuant to paragraph 1 along with the provision of the scope of the authorisation in the way pursuant to a

special regulation.6)

(5) In cases when the Ministry performing the function of control in accordance with Article 10 (2) (a) finds out that the authorised testing laboratory has

a) failed to provide a register of certificates issued or has provided an incomplete register of certificates issued

within the time limit in accordance with Article 34, the Ministry shall impose a fine of EUR 500 to 1,000 on the authorised testing laboratory,

b) failed to issue a certificate within the time limit in accordance with Article 33 (3), issued a certificate not indicating the essentials in accordance with Article 32 (3) and (4), issued a certificate on the basis of an incomplete application, or issued a certificate the essentials of which do not comply with the application, the Ministry shall impose a fine of EUR 1,000 to EUR 20,000 on the authorised testing laboratory,

c) issued a certificate before the authorisation decision pursuant to paragraph 1 has become enforceable or issued a certificate on the basis of a technical assessment carried out by a person that is not an authorised testing laboratory, the Ministry shall impose a fine of EUR 20,000 to 30,000 on the authorised testing laboratory,

d) violated the scope, terms and conditions referred to in the technical assessment authorisation, issued a certificate for equipment or systems in accordance with Article 30 (2), while it has not been authorised for such technical assessment, issued a certificate for equipment or systems in accordance with Article 30 (2) which do not comply with the requirements provided for in Article 32 (1), or issued a certificate for equipment or systems in accordance with Article 30 (2) after the expiration of the period for which it was authorised12) and notified12) by the Slovak


Office of Standards, Metrology and Testing and accredited12) within the scope of technical standards,13)

the Ministry shall revoke the authorised testing laboratory's authorisation in accordance with paragraph 1.

(6) When imposing sanctions pursuant to paragraph 5, the Ministry shall proceed accordingly in accordance

with Article 54 (2), (7), (9)

to (11) and Article 56 (1) (c).

(7) The Ministry may modify the technical assessment authorisation in accordance with paragraph 2 on its

own motion, in cases where this Act has been modified.

Article 32

(1) During technical assessment, the authorised testing laboratory shall verify and certify that the equipment

and systems mentioned in Article 30 (2)

a) are capable of gambling game operation,

b) are secure in terms of protection of data, which will be received, sent and processed through them,

c) meet the technical requirements laid down by technical regulations,14) and that

d) gambling game operation through them will be in compliance with the gambling game rules.

(2) For the equipment and systems pursuant to Article 30 (2) (a) to (c) and other equipment and systems,

which are interconnected for the purpose of playing a premium game, the authorised testing laboratory shall

technically assess the system of creation of a premium game, and the conditions of the way of recording and

paying out the premium winnings.

(3) In the certificate, the authorised testing laboratory shall include

a) the identification of the gambling game operator that will use the equipment or system pursuant to Article

30 (2) in gambling game operation,

b) the owner of the gambling machine, other equipment or system pursuant to Article 30 (2),

c) the manufacturer of gambling game - programme,

d) the manufacturer of the gambling machine, if a gambling machine is subject to technical assessment,

e) the kind, type or other description of the equipment or system pursuant to Article 30 (2) under

assessment and possibly also its serial number,

f) the game currency,

g) the opinion on each of the facts under assessment pursuant to paragraph 1 or 2,

h) the conditions of use of the equipment or system under assessment, if they must be observed to preserve

the facts under assessment pursuant to paragraph 1 or 2 for the entire period of using them in gambling

game operation,

i) the approved rules for the type of game - programme of the gambling machine,

j) the period, for which the certificate is issued,

k) the date of certificate issuance,

l) the serial number of the certificate,

m) the seal, name, registered office and identification number of the authorised testing laboratory issuing the

certificate, and the name, surname and signature of the authorised employees of the authorised testing

laboratory.

(4) In assessing the facts pursuant to paragraph 2, the authorised testing laboratory shall also provide the

following in the certificate, in addition to the data pursuant to paragraph 3

a) the address of the gambling house, in which the premium game is operated,


b) gambling game type, type of equipment and systems pursuant to Article 30 (2) (a) to (c) and other equipment

and systems interconnected for the purpose of playing the premium game, the certificate number of the

authorised testing laboratory, programme version,

c) the manufacturer of the premium game and programme versions,

d) the number of equipment and systems pursuant to Article 30 (2) (a) to (c) and other equipment and systems

interconnected for the purpose of playing the premium game and their serial numbers,

e) the system of premium game creation, the way of registration and payout of the premium winning.

(5) The authorised testing laboratory shall carry out verifications of equipment and systems in accordance

with Article 30 (2), for which a certificate was issued, within the scope and time limits referred to in the technical

assessment authorisation in accordance with Article 31 (2).

Article 33

(1) The authorised testing laboratory shall issue the certificate for a definite period.

(2) In the certificate, the authorised testing laboratory can impose a duty on the gambling game operator to

have the equipment or system pursuant to Article 30 (2) under assessment technically re-assessed after a

specified period of using it. The certificate shall expire if the gambling game operator fails to fulfil this duty within

the time limit specified by the authorised testing laboratory.

(3) The authorised testing laboratory shall issue a certificate within 60 days after the submission of a full

application for technical assessment of equipment and systems in accordance with Article 30 (2). In justified

cases, upon the request of the authorised testing laboratory, the Ministry may extend the time limit provided for

in the first sentence herein.

Article 34

The authorised testing laboratory keeps register of issued certificates and submits it to the Ministry within

ten days from the expiry of the calendar half-year. The authorised testing laboratory submits information from

its information system on the issued certificates to the Ministry within the scope, in the way and within the time

limits specified by the Ministry in writing.

SECTION THREE

BASIC CONDITIONS OF GAMBLING GAME OPERATION AND MEASURES FOR

RESPONSIBLE GAMBLING

CHAPTER ONE

COMMON PROVISIONS

Article 35

(1) During the entire validity period of the licence, the gambling game operator shall comply with the terms

and conditions of gambling game operation laid down by this Act, the terms provided for in the licence, the

provisions of the security project, the provisions of the game plan, and other duties specified by this Act. The

gambling game operator shall not be relieved from the liability for violation of this duty.

(2) Only equipment and systems pursuant to Article 30 (2) technically assessed by an authorised testing

laboratory holding a valid certificate pursuant to Article 32 can be used in gambling game operation. Equipment

according to Article 30 (2) (a) to (c) shall be identified by the gambling game operator in a visible place to inform

about the type of the equipment and serial number of the equipment.

(3) The gambling game operator shall be obliged to ensure that their employees and other natural persons

or legal persons performing activities in gambling game operation fulfil the duties laid down by this Act. The

gambling game operator and their employees shall


be obliged to observe the duties laid down by a special regulation.15)

(4) The natural person authorised to take bets or stakes must not participate as a player in the gambling

game, for which they take bets or stakes.

(5) Except for the gambling game operator to whom a general licence has been issued, the gambling game

operator shall be obliged to save the annual financial statements for the previous accounting period in the

register of financial statements 16), on an annual basis by 31 May of each calendar year.

(6) Participation in gambling games is prohibited to persons younger than 18 years. The gambling game

operator shall be obliged to take measures to prevent such persons from participating in gambling games. For

that purpose, the gambling game operator and the supervisory body has the right to request the submission of

an identity card. The operator of the gambling game operated by means of telecommunication equipment, the

operator of the gambling game operated via the Internet, and the gambling game operator that transmits and

collects data and information related to gambling game operation through the Internet shall be obliged to

request, for that purpose, data from the identity card and other document,16a) the copies of which shall be

sent for that purpose by the natural person interested in participating in the gambling game.

(7) The participation in gambling games pursuant to Article 3 (2) (b) and (d) to (g) and Article 4 (3) (d) and

in the gambling games, in which the transmission and collection of data and information related to operation of

the gambling game is carried out through the Internet, is also prohibited to the natural persons included in the

register of the natural persons excluded from gambling (hereinafter the "register of excluded persons"). The

operator of the gambling game mentioned in the first sentence must not allow these natural persons to take

part in such gambling game. The operator of the gambling game operating some of the gambling games

pursuant to Article 3 (2) (b), (d), (e) and (g) and Article 4 (3) (d) except for the gambling game operated by

means of telecommunication equipment shall be obliged to use for that purpose the register of excluded

persons and to request the submission of an identity card; the supervisory body has also the right to request

the submission of an identity card for the purposes of supervision performance. The operator of the gambling

game operated by means of telecommunication equipment, the operator of the gambling game operated via

the Internet, and the gambling game operator that transmits and collects data and information related to

gambling game operation through the Internet shall be obliged to use for that purpose the register of excluded

persons and request data from the identity card and other document,16a) the copies of which shall be sent

for that purpose by the natural person interested in participating in the gambling game.

(8) The natural persons younger than 18 years and the persons registered in the register of excluded

persons are prohibited from entering the gambling house. The operator of the gambling game operated in the

gambling house shall be obliged to use for that purpose the register of excluded persons and to verify the

identity of each natural person entering the gambling house; they are entitled to request the submission of an

identity card; if they find out that a natural person according to the first sentence has entered the gambling

house, they shall be obliged to order the natural person out. For the purpose of supervision performance, the

supervisory body shall be entitled to request the submission of an identity card from each natural person present

in the gambling house. The operator of the gambling game operated in the gambling house shall be obliged to

provide for permanent surveillance in the gambling house carried out by a natural person on the basis of

employment with one of the operators of the gambling game operated in this gambling house on the basis of

an individual licence, and the permanent surveillance must be present in the gambling house for the entire

opening hours of the gambling house; the operation of the gambling house shall be governed by the operating

rules of the gambling house.

(9) Stakes can be received in cash or through cashless transfer.

(10) For paying up the registered capital, payments related to the financial guarantee, payments of levy

pursuant to Article 37 and other payments pursuant to this Act, the day of payment shall mean

a) for cashless transfers from an account in a bank or foreign bank branch, the date of debiting the account

of the gambling game operator,


b) for cash payments, the date, when the bank, foreign bank branch, post office or other authorised person

receives or takes over the cash.

(11) The game plane of the gambling game must be situated in a visible place in all rooms used for gambling

game operation, if gamblers can access them. Each page of the game plan must bear the seal of the body that

has granted the individual licence to the gambling game operator, and the date of approval of the game plan.

(12) It is prohibited to perform acceptance of stakes, acceptance of bets, payout of winnings, drawing of

lots, other acts leading to the determination of the result of the gambling game pursuant to Article 3 (2), and

other acts, which are during the operation of gambling games performed publicly, or during which

communication between the gambler and the gambling game operator takes place, except for the publishing

of results of gambling games, and except for the operation of the numerical lottery Eurojackpot including its

supplementary game, on the following days

a) on Good Friday, on 24 and 25 December,

b) during the national days of mourning,

c) out of the opening hours.

(13) Gambling houses must not be situated at schools, school facilities, facilities of social services for

children and youth, facilities of social and legal protection of children and social guardianship, facilities for the

treatment of non-substance addictions, healthcare facilities, boarding houses for youth, and in the buildings of

government authorities.

(14) The gambling game operator and other natural persons and legal persons performing any acts in

operating gambling games and during technical assessment shall be obliged to keep secrecy on gamblers,

their participation in gambling and information obtained during technical assessment.

(15) The duty to keep secrecy pursuant to paragraph 14 shall not apply to the provision of information

a) to the court for the purpose of legal proceedings,10)

b) to the bodies of law enforcement and criminal justice, service of criminal police and service of financial

police of the Police Force pursuant to special regulations,8)

c) to the National Security Authority, Slovak Information Service, Military Intelligence and Police Force for the

purposes pursuant to a special regulation.10a)

d) to tax authorities for the purpose of tax proceedings,

e) to competent authorities for the purpose of proceedings regarding offences17) or

f) in case that the gambler relieves the persons mentioned in paragraph 12 from the duty of secrecy.

(16) The operator of the gambling game pursuant to a special regulation18) shall be responsible for any

damage caused during gambling game operation to the gambler, even if the damage was caused by the

third persons authorised by the gambling game operator to perform certain activities related to gambling game

operation.

(17) All the accounting operations carried out in connection with the operation of gambling games must be

kept separately from other accounting operations of the gambling game operator. If the gambling game operator

operates several gambling games, they must keep separate analytical records for each of them.

(18) For numerical lotteries, bet games, bingo including the special bingo, and the gambling games operated

in casino, the gambling game operator shall be obliged to account for the following on a daily basis


the received stakes and possibly the paid out winnings, if during the operation of these gambling games, stakes

are received and winnings paid out on a daily basis. The Ministry can permit the daily accounting for gambling

games operated in casino also with the use of video technology. The operator of gambling machines, technical

equipment operated directly by gamblers and video lottery terminals shall be obliged to keep monthly records

of stakes and winnings separately for each gambling machine, for each technical equipment operated directly

by gamblers and for each video lottery terminal, through which the gambler takes part in the gambling game

operated by means of video lottery terminals. The operator of off casino card games shall be obliged to keep

monthly records of stakes, winnings and fees for the participation in the gambling game separately for individual

establishments, where card games are operated. The gambling game operator shall be obliged to send the

data on received stakes and paid out winnings for the respective calendar month by electronic mail to the

competent levy administrator within the scope and in the way specified in writing by the Financial Directorate

of the Slovak Republic, by the 25th day after the end of the calendar month, and to include them in the annual

statement of levies submitted pursuant to Article 37; this shall not apply to the operators operating gambling

games pursuant to Article 4 (3) (a), (b), (e), and (f).

(19) The operator of a gambling game operated by means of gambling machines, a gambling game

operated by means of technical equipment operated directly by gamblers and video lottery terminals shall be

obliged, before starting the operation of an individual gambling machine, technical equipment operated directly

by gamblers and video lottery terminal, to notify this fact to the Tax Office locally competent according to the

registered office of the gambling game operator along with the state of the electronic counter or mechanical

counter of stakes and the electronic counter or mechanical counter of winnings of such equipment; if such

equipment has both types of counters of stakes and both types of counters of winnings, the state of all electronic

counters as well as mechanical counters shall be reported. The operator of the gambling game according to

the first sentence shall be obliged to notify the replacement of the electronic counter or mechanical counter of

stakes or the electronic counter or mechanical counter of winnings along with the state of the electronic counter

or mechanical counter of stakes or the electronic counter or mechanical counter of winnings, or the termination

of operation of such equipment along with the state of the electronic counter or mechanical counter of stakes

or the electronic counter or mechanical counter of winnings to the Tax Office locally competent according to

the registered office of the gambling game operator no later than within five days from the date of replacement

of the counter or of termination of operation; if such equipment has both types of counters of stakes and both

types of counters of winnings, the state of all electronic counters as well as mechanical counters shall be

reported. The operator of rate bets shall be obliged, before starting the operation of a betting office, to notify

this fact to the Tax Office locally competent according to the registered office of the gambling game operator.

The operator of rate bets shall notify the termination of operation of the betting office to the Tax Office locally

competent according to the registered office of the gambling game operator within five days after the date of

termination of operation. The scope and way of notifications pursuant to this paragraph shall be specified in

writing by the Financial Directorate of the Slovak Republic.

(20) The gambling games that can be interchangeable with or are similar to the state lottery, must not be

operated by other gambling game operators than the national lottery company unless otherwise stated by

Article 9a.

(21) The time limit for lodging a claim in respect of the gambling game winning shall not be less than 30

days and more than 60 days from the day following the day of drawing lots or any other event decisive for the

determination of the winning.

(22) The gambling game operator must pay to the winner the set up claim to the winning no later than within

five days after the claim to the winning has been set up.

(23) The game principal shall not include the amount of stakes and winnings made during the verification

pursuant to Article 32 (5).


(24) If gambling game operators operate gambling machines or video lottery terminals in an establishment,

which is not a gambling house, they can place maximum two such devices in the establishment, and the total

number of gambling places in such establishment must not exceed two. If gambling game operators operate

gambling machines, video lottery terminals or technical equipment operated directly by gamblers in the

gambling house, they must place at least five such devices in it, and the total number of gambling places in

such establishment must be at least five; the technical equipment operated directly by gamblers can be

operated only in a gambling house.

(25) It is prohibited to place information on winnings on external parts of the rooms, in which gambling

games are operated pursuant to Article 3 (2) (b), (d), (e) and (i) and in the vicinity of these rooms; information

on winnings can be placed only in the interior of these rooms, and such information must not be visible from

the external side of these rooms.

(26) The operators of gambling games pursuant to Article 3 (2) (b), (d), and (e) shall be obliged to place, in

a visible place on the technical equipment operated by them and intended for gambling game operation, the

telephone number of a specialised healthcare institution operating in the area of prevention, diagnostics and

treatment of substance and non-substance addictions, which will be published by the Ministry at its website.

Article 35a

Register of Excluded Persons

(1) The register of excluded persons is an information system18a) of the general government registering

all natural persons excluded from participation in gambling games mentioned in Article 35 (7) first sentence.

(2) The natural persons excluded from participation in gambling games are the natural persons that have

reached an age of 18 and

a) that for the purpose of assistance provided in material need create a household,18aa)

b) that asked for the exclusion themselves,

c) that have been diagnosed with compulsive gambling according to the international classification of

diseases,18ab)

d) that study at a public university, private university or state university in the daily form of study, in the study

programme of first degree, in the study programme of second degree or in the study programmes of

combined first and second degree, and they were awarded social scholarship.

(3) The register of excluded persons is administered by the Ministry that can authorise in writing a legal

person established by a general government authority pursuant to a special regulation18ac) (hereinafter the

"register administrator") to administer the register's operation; the register administrator is the operator pursuant

to a special regulation.18ad)

(4) The following data shall be included in the register of excluded persons:

a) the name, surname and university degree of the natural person,

b) the birth number if allocated, or the date of birth, if the birth number has not been allocated,

c) the date of registration of the natural person in the register of excluded persons,

d) the reason for the registration of the natural person in the register of excluded persons pursuant to

paragraph 2.

(5) The data for the register of excluded persons pursuant to paragraph 4 (a) and (b) on the natural persons

receiving assistance provided in material need shall be provided by the Central Office of Labour, Social Affairs

and Family18ae) by the 20th day of the calendar month. The data for the register of excluded persons

pursuant to paragraph 4 (a), (b) and (d) on the persons that have asked themselves for exclusion, shall be

provided by these persons. Data pursuant to paragraph 4 (a),

(b) and (d) on the natural persons who have been diagnosed with compulsive gambling,18ab)


shall be provide by the healthcare provider pursuant to a special regulation.18af) The healthcare provider shall

be obliged to fulfil this duty until the register administrator provides for automated collection of data from the

register pursuant to a special regulation.18ag) The data for the register of excluded persons pursuant to

paragraph 4 (a) and (b) on the natural persons that study at a public university, private university or state

university in the daily form of study, in the study programme of first degree, in the study programme of second

degree or in the study programmes of combined first and second degree, and they were awarded social

scholarship, shall be provided by the Ministry of Education, Science, Research and Sport of the Slovak Republic

by the 20th day of the calendar month.

(6) The natural persons that asked for the exclusion from the participation in gambling games themselves

shall send the data to the register of excluded persons in electronic form through the website of the register

administrator or in paper form by sending the form to the register administrator published at the website of the

register administrator.

(7) The register administrator shall immediately erase the natural person from the register of excluded

persons after fining out that the reasons for the registration ceased to exist. As regards the registration of a

natural person in the register of excluded persons at their own request, the person registered in the register of

excluded persons can ask for erasure from the register of excluded persons no sooner than after the expiry of

six months from the date of registration; the register administrator must inform the natural person about this

fact at the time of registration.

(8) The gambling game operator is the user of the data pursuant to paragraph 4 under the conditions

provided in paragraph 9.

(9) The register administrator shall be obliged to allow the gambling game operators to continuously access

the register of excluded persons in order to compare the identity of the natural person, but they can access

only the data on whether the particular natural person is registered in the register of excluded persons. If the

register administrator cannot allow the gambling game operators to continuously access the register of

excluded persons, the register administrator shall publish the notification of it including the reason for this fact

at their website; and at the time from the publishing of such notification until the publishing of a notification at

this website about the recovery of the continuous access to the register of excluded persons, the gambling

game operator shall not be obliged to use the register of excluded persons. If the gambling game operator

cannot use the register of excluded persons for the reasons on their part, it shall not affect the fulfilment of their

duties pursuant to Article 35 (7) and (8). The gambling game operator can access the register of excluded

persons solely for the period of validity of the individual licence.

Article 36

Financial Guarantee

(1) The financial guarantee shall be used only to settle the gambling game operator's liabilities which are

the levies provided for in Article 37 (1) and (2), late payment interest pursuant to Article 54 (8) and the payout

of winnings to gamblers. The financial guarantee at the minimum amount set out by this Act shall be maintained

by the gambling game operator even after the expiration of the licence till all the obligations referred to in the

first sentence have been settled and the annual statement of levies has been submitted to the Ministry. If for

any reason the amount of the financial guarantee drops below the minimum amount stipulated by this Act, the

gambling game operator shall replenish the guarantee within 30 days. The financial guarantee shall not be

subject to distraint pursuant to a special regulation.18ah)

(2) The financial guarantee shall be deposited by the applicant on the account of the tax office locally

competent according to the applicant's registered office. For the purpose of depositing the financial guarantee

the applicant shall not use any financial resources from loans, credits or other foreign sources. The financial

guarantee or a part of it can be released only with the previous written consent of the Ministry if

a) the validity period of the gambling game operator's licence has expired, the gambling game operator has

settled all the liabilities pursuant to paragraph 1 and applies for the release of the financial guarantee and

submits a declaration on word of honour


about the payout of all gamblers' winnings and the document about the settlement of liabilities pursuant to paragraph 1, which include the levy and late payment interest; the document shall be issued by the competent levy administrator,

b) the gambling game operator's licence has been cancelled or withdrawn, the gambling game operator has settled all the liabilities pursuant to paragraph 1 and applies for the release of the financial guarantee and submits a declaration on word of honour about the payout of all gamblers' winnings and the document about the settlement of liabilities pursuant to paragraph 1, which include the levy and late payment interest; the document shall be issued by the competent levy administrator,

c) the gambling game operator has not settled all the liabilities pursuant to paragraph 1 and applies for the release of the financial guarantee; the Ministry shall decide on the use of the financial guarantee and the liabilities for the settlement of which the financial guarantee will be used; the document indicating any outstanding liabilities pursuant to paragraph 1, which include the levy and late payment interest, shall be issued by the competent levy administrator,

d) the gambling game operator has ceased to operate the gambling game on the basis of the general licence, applies for the release of the financial guarantee and submits a declaration on word of honour about the payout of all gamblers' winnings and the document about the settlement of liabilities pursuant to paragraph 1, which include the levy and late payment interest; the document shall be issued by the competent levy administrator,

e) the gambling game operator has applied for a decrease in the financial guarantee due to the reduction of the number of casinos, gambling machines or gambling tables in operation, the gambling game operator has settled all the liabilities pursuant to paragraph 1 and submits a declaration on word of honour about the payout of all gamblers' winnings and the document about the settlement of liabilities pursuant to paragraph 1, which include the levy and late payment interest; the document shall be issued by the competent levy administrator,

f) for a period longer than one month, the gambling game operator has unsettled the liabilities on levies, for the settlement of which the financial guarantee pursuant to paragraph 1 is used; at the request of the competent levy administrator for the release of the financial guarantee for the purpose of settlement of these liabilities, the Ministry shall make decision on releasing the financial guarantee in the amount corresponding to the unsettled liabilities specified by the competent levy administrator and on the transfer of this amount to the account of the competent levy administrator; the competent levy administrator shall, within five business days following the date of transfer of this amount, notify the gambling game operator of the decrease in the amount of the financial guarantee and the reason for the decrease.

(3) The gambling game operator shall not be entitled to receive interests on the deposited financial

guarantee.

(4) The minimum amount of the financial guarantee shall be

a) 5 % of the sum calculated as the product of the number of issued lots and the price of one lot, for draw

lotteries, instant lotteries and raffles,

b) EUR 16,500 per one bingo establishment, for bingo except for the special bingo,

c) EUR 33,200 for bet games except for rate bets,

d) EUR 750,000 for rate bets,

e) EUR 150 per one gambling machine for gambling machines, however, at least EUR 60,000 per one

gambling game operator for all licences for gambling game operation by means of gambling machines granted to them by the municipalities in the territory of the Slovak Republic for the respective calendar year,

f) EUR 500,000 per one casino for casino gambling games,

g) EUR 200,000 for charity lotteries,

h) EUR 750,000 for the gambling games mentioned in Article 3 (2) (e),

i) EUR 1,500 per one table for a calendar year for off casino card games.

(5) For the gambling games mentioned in Article 3 (2) (i), the amount of the financial guarantee shall be

specified by the Ministry according to the amount of the financial guarantee whose character


is most similar to these gambling games.

Article 37

Levy

(1) The gambling game operator shall pay a levy amounting to

a) 15 % of the game principal for the whole period of draw lottery sale to the state budget in the case of draw

lotteries;

b) 15 % of the amount calculated as the number of lots issued multiplied by the price per lot to the state budget

in the case of raffles;

c) 20 % of the game principal to the state budget in the case of numerical lotteries;

d) 20 % of the amount calculated as the difference between the product of lots sold and the price per lot and

the winnings paid out for the whole period of instant lottery sale to the state budget in the case of instant

lotteries,

e) 6% of the game principal in the case of charity lotteries and bet games, with the exception of race bets,

where in the case of rate bets 5.5% of the game principal shall be paid to the state budget and 0.5% of the

game principal to the budget of the municipality in which the establishment is situated,

f) 4.5% of the game principal in the case of bingo, out of which 4% of the game principal shall be paid to the

state budget and 0.5% of the game principal to the budget of the municipality in which the bingo room is

situated,

g) 4% of the game principal in the case of special bingo to the state budget,

h) 1% of the game principal in the case of race bets to the state budget,

i) 30% of the game principal in the case of casino gambling games including board games and gambling

games operated through technical equipment operated directly by gamblers, out of which 27% of the game

principal shall be paid to the state budget and 3% of the game principal to the budget of the municipality in

which the casino is situated,

j) EUR 2,600 per calendar year and per gambling machine to the state budget, in the case of gambling games

operated through gambling machines on the basis of an individual licence granted by the municipality,

regardless of the period of operation during the calendar year; as regards gambling machines operated on

the basis of an individual licence for gambling game operation in casino, EUR 4,700 per calendar year to

the state budget for each such gambling machine regardless of the period of operation during the calendar

year and to the budget of the municipality in the amount and using the procedure similar to the video lottery

terminals pursuant to paragraph 9, however, at least EUR 800 per each such gambling machine per

calendar year to the budget of the municipality, where the provisions of paragraph 8 shall apply to the

manner, time limits and other conditions of payment of the levy to the state budget for such gambling

machine,

k) EUR 3,900 per calendar year per each technical device regardless of the period of operation during the

calendar year to the state budget in the case of gambling games operated through technical equipment

operated directly by gamblers, and to the budget of the municipality in the amount and using the procedure

pursuant to paragraph 7, however, at least EUR 900 per each such technical device per calendar year to

the budget of the municipality,

l) EUR 4,700 per calendar year to the state budget per each video lottery terminal, including the terminals

operated on the basis of an individual licence for gambling game operation in casino regardless of the

period of operation during the calendar year, and to the budget of the municipality in the amount and using

the procedure pursuant to paragraph 9, however, at least EUR 800 per each such terminal per calendar

year to the budget of the municipality,

m) EUR 200 per table per calendar month or EUR 1,500 per table per calendar year to the state budget in the

case of off casino card games,

n) 10% of the game principal in the case of gambling games operated through telecommunication devices


to the state budget,

o) 27% of the difference between the stakes received and the winnings paid out to the state budget in the

case of gambling games operated via the Internet.

(2) In the case of gambling games not referred to in paragraph 1, the Ministry shall specify the amount of

the levy, taking into consideration the amount of the levy referred to in paragraph 1 in respect of a gambling

game the nature of which is as much as possible similar to the gambling game for which the levy is being

specified; this shall not apply to the specification of levy amount by the Ministry in the case of the lottery of cash

receipts.

(3) The levy in accordance with paragraph 1, with the exception of levies pursuant to paragraph 1 (a), (b),

(d), (j) to (m), shall be transferred by the gambling game operator in the form of monthly advance payments

before the 25th day following the end of calendar month and on the basis the interim monthly statement of the

levy filed within the same period with the competent levy administrator.

(4) The gambling game operator paying a levy in accordance with paragraph 1 (a), (b) and (d) shall submit

the statement of levies to the tax office responsible for the sector of gambling games and locally competent

according to the registered office of the gambling game operator within 30 days after the expiration of the period

to claim winnings in accordance with Article 35 (21) and after the confirmation of the correctness of the levies

statement by this body, the operator shall submit that statement to the Ministry. The gambling game operator

shall pay the levy to the competent levy administrator within 15 days after the confirmation of correctness of

the statement.

(5) The gambling machine operator shall pay the levy to the state budget in portions, where a half of the levy

shall be paid no later than by 1 May of the calendar year and the other half of the levy no later than by 1

September of the calendar year. If the gambling machine operator was granted a licence during the year after

the due date of the levy or a part thereof, the operator shall pay the levy or a pro rata portion of the levy for that

gambling machine within 15 days after the licence was granted, and the operator shall pay the remaining portion

of the levy within the specified period, however, no later than by the end of the calendar year. If the gambling

machine operator ceases to operate a gambling machine in the course of the year, the operator shall pay the

whole levy in respect of such machine for the relevant calendar year no later than on the day of termination of

gambling machine operation. The gambling machine operator shall pay the levy to the competent levy

administrator.

(6) The operator of technical equipment operated directly by gamblers shall pay the levy for such individual

technical devices to the state budget in portions, where a half of the levy shall be paid no later than by 1 May

of the calendar year and the other half of the levy no later than by 1 September of the calendar year. If the

operator of technical equipment operated directly by gamblers was granted an individual licence, including any

changes thereof, during the year after the due date of the levy or a part thereof, the operator shall pay the levy

or a pro rata portion of the levy for such individual technical devices within 15 days after the licence was granted,

and the operator shall pay the remaining portion of the levy within the specified period, however, no later than

by the end of the calendar year. If the operator of technical equipment operated directly by gamblers ceases

to operate that equipment in the course of the year, the operator shall pay the whole levy in respect of such

individual technical devices for the relevant calendar year no later than on the day of termination of operation

of technical equipment operated directly by gamblers. The operator of technical equipment operated directly

by gamblers shall pay the levy to the state budget to the competent levy administrator.

(7) The operator of technical equipment operated directly by gamblers shall pay the levy for such individual

technical device to the budget of the municipality for each day of its presence in the territory of the municipality

in the amount of EUR 2.50 based on a report on the number of technical devices and on the number of days,

during which the technical equipment was situated in the territory of the municipality; the report shall be

submitted to the municipality as at 1 May and as at 31 December of the calendar year, and by these dates, the

statement shall be submitted and levy paid to the municipality. If the operator of technical equipment operated

directly by gamblers relocates the equipment in the course of the year to the territory of other municipality, the

levy for the number of days, when


the equipment is being relocated and not in operation, shall be paid to the municipality, from whose territory the equipment is relocated; the levy to the municipality, to whose territory the equipment has been relocated, shall be paid from the date of legal force of the decision on the change of licence permitting the relocation. If the operator of technical equipment operated directly by gamblers starts operating the equipment for the first time in the course of the year, they shall pay the levy for the number of days from the beginning of the year to the municipality, in whose territory the equipment was placed for the first time in the course of the year.

(8) The operator of video lottery terminals shall pay the levy to the state budget for individual terminals in

portions, where a half of the levy shall be paid no later than by 1 May of the calendar year and the other half of the levy no later than by 1 September of the calendar year. If the operator of video lottery terminal was granted a licence, including any changes thereof, during the year after the due date of the levy or a part thereof, the operator shall pay the levy or a pro rata portion of the levy for individual video lottery terminal within 15 days after the licence was granted, and the operator shall pay the remaining portion of the levy within the specified period, however, no later than by the end of the calendar year. If the operator of video lottery terminal ceases to operate the video lottery terminal in the course of the year, the operator shall pay the whole levy in respect of individual video lottery terminal for the relevant calendar year no later than on the day of termination of video lottery terminal operation. The operator of video lottery terminal shall pay the levy to the state budget to the competent levy administrator.

(9) The operator of video lottery terminals shall pay the levy for such individual video lottery terminal to the

budget of the municipality for each day of its operation in the territory of the municipality in the amount of EUR 2.20 based on a report on the number of terminals and on the number of days, during which the terminals were operated in the territory of the municipality; the report shall be submitted to the municipality as at 1 May and as at 31 December of the calendar year, and by these dates, the statement shall be submitted and levy paid to the municipality. If the operator of video lottery terminals relocates the equipment in the course of the year to the territory of other municipality, the levy for the number of days, when the equipment is being relocated and not in operation, shall be paid to the municipality, from whose territory the equipment is relocated; the levy to the municipality, to whose territory the equipment has been relocated, shall be paid from the date of legal force of the decision on the change of licence permitting the relocation. If the operator of video lottery terminals starts operating the equipment for the first time in the course of the year, they shall pay the levy for the number of days from the beginning of the year to the municipality, in whose territory the equipment was placed for the first time in the course of the year.

(10) The gambling game operator paying the levy in accordance with paragraph 1 (c), (e) to (o) and

paragraph 2 to the state budget shall submit to the competent levy administrator the annual statement of levies for the previous calendar year, no later than by 31 March of the calendar year, where the annual statement shall be based on the total values achieved and determining the levy for the whole of the previous calendar year. Within 30 days after the confirmation of the annual statement of levies, the gambling game operator shall pay the competent levy administrator the outstanding amount resulting from the difference between the annual statement of levies and the payment of advance payments for the corresponding calendar year.

(11) The gambling game operator paying the levy in accordance with paragraph 1 (e), (f), (i), (k) and (l) and

paragraph 2 to the budget of the municipality, shall submit to the competent levy administrator the annual statement of levies for the previous calendar year, no later than by 31 March of the calendar year, where the annual statement shall be based on the total values achieved and determining the levy for the whole of the previous calendar year. Within 30 days after the confirmation of the annual statement of levies, the gambling game operator shall pay the competent levy administrator the outstanding amount resulting from the difference between the annual statement of levies and the payment of advance payments for the corresponding calendar year.

(12) Any overpayments made by the gambling game operator that have been detected in the annual

statement of levies shall be refunded by the competent levy administrator to the gambling game operator after the annual statement of levies was drawn up and on the basis of the operator's written request within 30 days after the delivery of the request. If the gambling game operator fails to request the refunding of the overpayment in writing, the overpayment shall be become advance payment of the levy for the next calendar year. Any overpayment amounting to less than EUR 5 shall not be refunded and it shall become advance payment of the levy in the next calendar year. Any claim for the refund of overpayment shall expire within three years after the end of the calendar year in which the overpayment occurred.


(13) If the levies in accordance with paragraphs 1 and 2 are not paid within the period of maturity, the

competent levy administrator shall proceed to recover the outstanding amount; in recovering the outstanding

amounts, Article 36 (2) (f) shall be followed at first.

(14) Monthly advance payments of levies shall not be rounded. Levies shall be rounded up to the whole

Euro cent in the annual statement of levies.

(15) Revenues from levies in accordance with paragraphs 1 and 2 shall be applied towards services in

general public benefits, in particular the provision of healthcare, social assistance, humanitarian care, the

creation, development, protection and restoration of cultural values, support to artistic creation and cultural

activities, education and training, development of sports, environmental creation and protection and the

protection of public health.

(16) The municipality that has granted a licence for the operation of gambling games by means of gambling

machines and withdrawn that licence may decide that after the gambling machine operator has paid the taxes

and levies in accordance with paragraph 1 (j), the yield from the gambling game will be transferred to the budget

of that municipality. The municipality may proceed in the same way if a natural person or a legal person has

operated gambling machines without the licence and the municipality had the power and competence to grant

such licence.

(17) The tax office may decide to transfer to the state budget the yield from a gambling game operated within

its territorial district by a natural person or a legal person without a licence in respect of which the Ministry would

have had the power and competence to grant or issue that licence.

(18) The Ministry that has granted or issued a licence and has withdrawn or revoked such licence may

decide that the yield from gambling games will be transferred to the state budget.

(19) The Ministry may use the revenues from levies to provide a subsidy to a foundation or an interest

association operating a charity lottery within the scope and under the terms and conditions laid down by this

Act.

(20) The operator of gambling games that is a national lottery company shall be obliged to pay an extra levy

to the state budget amounting to EUR 40,000,000; the Ministry can permit the payment of a part of the extra

levy in instalments in such scope in which a lien will be instituted on the property of the operator for securing

the state's receivable administered by the Ministry. The income from the levy shall support the execution of

measures for the protection against floods18b) and for the provision of the necessities of life of the flood-

affected areas' inhabitants.

Article 38

Gambling House

(1) If a gambling game is operated in a gambling house, the gambling game operator must elaborate the

operating rules of the gambling house that include in particular

a) the opening hours of the gambling house,

b) the rights and duties of gamblers,

c) the rights and duties of the permanent surveillance in the gambling house,

d) identification of the permanent surveillance in the gambling house,

e) identification of the gambling game operator.

(2) The gambling game operator shall post the operating rules of the gambling house in a visible place in

the gambling house.

(3) The identification "gambling house" can be used for the gambling house by the gambling game operator

only provided that the words "gambling house"


are part of the business name of the gambling game operator. Neither any illuminated sign or other advertising

drawing attention to the existence of the gambling house, encouraging to participate in the gambling game, nor

any advertising of serving alcoholic beverages can be placed on the external parts of the gambling house.

(4) Gambling houses can be placed only in

a) hotels, motels, and lodging houses,

b) buildings for trade and services,

c) buildings for culture and public entertainment,

d) apartment dwelling houses, if written consent to it is expressed in writing by an absolute majority of the

owners of apartments and no-residential premises in the apartment dwelling house.

CHAPTER TWO

LOTTERY GAMES

Article 39

(1) The game principal in raffles, draw lotteries, instant lotteries and other lotteries, in which lots are issued

except for bingo, is the product of the number of issued lots and the price per one lot.

(2) The game principal in numerical lotteries is the sum equal to the amount of stakes accepted.

(3) The game principal in bingo and special bingo is the product of the number of lots sold and price per one

lot.

(4) The probability of winning in draw lotteries, raffles and instant lotteries must not be lower than 1 : 200.

(5) The lowest winning in raffles and draw lotteries must have a value of the price of a lot.

(6) The summary value of winnings in draw lotteries, raffles and instant lotteries must not be lower than 30%

of the game principal.

(7) The summary value of winnings in one bingo lottery game can be maximum 70 % of the game principal.

Article 40

(1) Lots must not be sold in public means of transport.

(2) Lots can be sold in the premises of a building only with the consent of the owner or administrator of the

building. Such consent shall not be required for the sale of lots in the premises used by the gambling game

operator holding a valid licence.

(3) When selling lots on the street, the vendor must carry the identity card as well as a card or other

document issued by the gambling game operator or by the legal person or natural person providing the

distribution and sale of lots. On demand, the vendor must submit the documents to the supervisory body.

(4) For draw in-kind lotteries with a game principal not exceeding a level of EUR 5,000 and for raffles, the

lots must be numbered and marked by the seal of the gambling game operator.

Article 41

(1) It is prohibited to use state symbols on lots; this shall not apply if the national lottery company is the

gambling game operator.19)


(2) For draw pecuniary lotteries, draw pecuniary-in-kind lotteries and instant lotteries, the lot must contain

a) the name and registered office of the gambling game operator,

b) individual licence number,

c) the number of issued lots, price of one lot, the total amount of the game principal or the way of

specification of the total amount of the game principal,

d) the number and amount of winnings, or the way of determination of the number and amount of winnings,

e) the determination of the event or circumstance which is decisive for the winning,

f) the way of publishing of the list of winnings if required by the game plan,

g) the designation of the place where winnings are provided,

h) the time limit for the take-over of the winning,

i) the serial number of the lot and number of the series, if several series of lots have been issued,

j) the time of sale of lots.

(3) Prior to releasing lots for sale, it is necessary to verify their quantity and the correctness of numeration

by random sampling with the participation of the supervisory body and to write down a report on it.

(4) The content of the lot uncovered by paragraph 2 shall be specified by the Ministry in the licence.

(5) In instant lotteries, the lot must also contain, in addition to the essentials listed in paragraph 2, a unique

code for the verification whether the lot provides for winning situated under a scratch layer, without which it is

not possible to verify whether the lot is winning.

Article 42

(1) The drawing of lots in a lottery game shall be public. The drawing of lots in the lottery of cash receipts

must be performed with the participation of the supervisory body. The drawing of lots in a lottery game except

for the lottery game pursuant to Article 4 (3) (d) and numerical lottery with the name Klub keno, with a game

principal at a level of

a) over EUR 5,000 must be performed with the participation of the supervisory body,

b) up to EUR 5,000 must be performed with the participation of a notary public.

(2) The supervisory body or the notary public participating in the drawing of lots pursuant to paragraph 1

shall certify that the course of the drawing of lots was in compliance with the game plan and this Act.

(3) The participation of the supervisory body in the drawing of lots of the numerical lottery with the name

Eurojackpot shall mean the participation of the supervisory body at the place of the operator of this gambling

game during the acts related to acceptance of publicly drawn numbers, distribution of winnings and

announcement of winnings. The supervisory body shall certify that the procedure of the operator in the acts

according to the first sentence is in compliance with the granted individual licence, game plan and this Act.

Article 43

(1) The professionally competent natural person responsible for the operation of a lottery game shall be

obliged to appoint a responsible representative.

(2) The responsible representative ensures regular course of the lottery game. The lottery game operator

shall not intervene in the course of the lottery game without the consent of the responsible representative.

(3) The responsible representative shall adhere to the instructions of the supervisory body and advise it of


all material circumstances occurred in connection with the operation of gambling games and measures

adopted.

(4) The responsible representative together with the supervisory body shall check whether the drawing urn

contains

a) all the numbers according to the game plan for a numerical lottery; this shall not apply to the numerical

lottery with the name Eurojackpot,

b) all the issued lots for a draw lottery,

c) all the sold lots for a raffle.

(5) The responsible representative shall execute all the measures to prevent the abuse of the lots returned

by post or other way before the drawing of lots, during the drawing of lots, or immediately after the drawing of

lots. In the course of the lottery game, the responsible representative shall be obliged to keep the lots in a safe

place. After the end of the lottery game, in which lots are used, the responsible representative together with the

supervisory body shall be obliged to devalue the unsold lots.

(6) The responsible representative shall write a protocol about the course of the drawing of lots containing

in particular the data on the course of the drawing of lots, and the list of winning lots.

(7) After the end of the drawing of lots, the responsible representative shall secure the winnings falling on

the unsold lots in draw lotteries against loss, destruction or damage, and secure identically the winnings not

taken over during the raffle.

(8) In draw lotteries, the responsible representative shall be obliged to publish the list of drawings in printed

form and to inform the public about it. For a raffle, after the drawing of lots, the responsible representative shall

inform the public about the winning lots, and provide for the publishing of the written list of winning lots.

Article 45

The devaluation of the unsold lots can only be carried out with the presence of the supervisory body, no later

than after the expiry of six months from the first day of the calendar month following the day, on which the

statement of the lottery game was handed over.

CHAPTER THREE

CASINO GAMBLING GAMES

Article 46

(1) In the casino, the operator of the casino gambling game can operate only the gambling game included

in the individual licence for the operation of the casino gambling game. The gambling games other than listed

in the individual licence for the operation of casino gambling games can be operated in the casino only after

the granting of the respective individual licence for their operation; the opening hours of these games must not

exceed the opening hours of the casino gambling games.

(2) The person not admitted to the gambling game in compliance with the game plan and operating rules

must not play in the casino.

(3) The persons employed in casino must not take part in the gambling games as gamblers in the casino, in

which they are employed. The person employed in casino who perform professional activities at gambling

games in casino must not take part in the gambling games as gamblers in the casino with its seat in territory of

the Slovak Republic.

(4) The currency specified by the Ministry in the licence for the operation of casino gambling games is the

game currency of the casino. The chips with marked value used in the casino shall be approved by


the Ministry according to the specimens of chips submitted to the Ministry by the casino operator along with the

application for granting this licence. One set of the chips approved by the Ministry shall be submitted by the

casino operator to the supervisory body for the purpose of supervision.

(5) Provable records of chips according to chip kinds or types must be provided in the casino. The spare

chips that are not used shall be stored separately and registered so that they can be submitted for control at

any time. The spare chips can be used only with the consent of the supervisory body. The acquisition of any

chips by the casino must be proved to this body.

(6) The chips marked separately shall be used in each casino. The chips marked identically can be used

only in the casino operated by one gambling game operator.

(7) The chips, gratuities for employees deposited in separate cases, proceeds at tables deposited in

separate cases, proceeds and chips in the principal cash desk, money and chips deposited in safes or other

similar devices, shall be accounted on a daily basis after the end of the casino operation for each table

separately.

(8) Gratuities are a financial gift of a gambler to employees of the casino.

(9) Casino employees are required to put the gratuities into a separate case after finishing a gambling game;

gratuities are subject to accounting and separate recording after the end of the casino opening hours.

(10) The gratuities shall not be part of the game principal, unless otherwise stipulated below. The operator

of casino gambling games shall distribute the gratuities among the casino employees. Persons with the

participating interest in the casino operator, procurators, members of the statutory body or Supervisory Board

are excluded from the distribution of gratuities, unless they are simultaneously in employment, membership

relations or similar legal relations with the casino operator.

(11) The operator of casino gambling games shall distribute the gratuities among the employees mentioned

in paragraph 10 according to the rules which they shall submit to the supervisory body when requested. The

rules for distribution of gratuities must not be changed during a calendar year.

(12) After the end of a calendar year, the undistributed gratuities shall be added to the game principal for

that period.

(13) The game principal for games in casinos is the amount of stakes after the deduction of the paid out

winnings.

CHAPTER FOUR

BET GAMES

Article 47

(1) The operator of bet games shall not enter into contracts with domestic legal persons, domestic natural

persons and foreign persons for the exclusive right to place bets for certain competitions, contests or matches.

(2) The operator of bet games shall not accept bets for races in which an animal, vehicle, etc. takes part that

is owned or co-owned by them. This shall also apply in case the owner or co-owner is a person authorized to

accept bets, or a person in employment, membership relation or similar legal relation with the operator of bet

games, or a spouse of such a person.

(3) The bet game operator must not accept bets for

a) the results of numerical lotteries,


b) a sporting event pursuant to Article 3 (4) (a), if it takes place in the territory of the Slovak Republic and is

intended for sportsmen younger than 18 years.

(4) The operator of the bet game shall be obliged to immediately inform the national sports union of the

respective sport about any suspicion of contest tampering19a) or suspicion of contest tampering preparation.

(5) If in the licence for bet game operation, the Ministry approves to the operator of rate bets more than one

betting office, the bet game operator shall be obliged to ensure their electronic connection to the central

computer system within the time limit specified in the licence.

(6) The game principal for bet games is the sum of stakes.

CHAPTER FIVE

GAMBLING MACHINES

Article 48

(1) The gambling machine according to Article 7 shall meet the following requirements:

a) the stake is provided by inserting a coin, banknote or credit key,

b) the values of the stake and payout are automatically registered by inbuilt counters,

c) it can work only when the mechanical and electronic counters are connected simultaneously, and after

disconnecting the mechanical counter, the gambling machine must signal a failure and must not accept next

stakes and pay winnings,

d) it has an inbuilt system of at least double independent check of stakes and winnings paid out,

e) the time that elapses from the moment of start to the end of a gambling game is at least four seconds; this

shall not apply to gambling machines operated in casino,

f) the time elapsed from the manufacture of the gambling machine does not exceed six years, except for the

gambling machines operated in a casino,

g) the winning ratio, which for the purposes of operating gambling machines means a ratio of financial values

of games won to the financial value of actually played gambling games, expressed in per cent, and which

must not be lower than 70 %; the winning ratio expresses the probability of return of input stakes,

h) the time that elapses from the moment of winning payout to the start of the next gambling game must be at

least 15 seconds; this shall not apply to gambling machines operated in casino.

(2) In a gambling machine the option of the combination for winning or loosing is performed by mechanical,

electronic and mechanical or electronic device and the gambling machine or the operator of the gambling game

pay the winning to the gambler.

(3) The stake must not exceed the amount of 10 Euro cents per one gambling game, and the winning in one

gambling game must not exceed the amount of EUR 15; this shall not apply to the gambling machines operated

in casino.

(4) The gambler may pay several stakes at once, in such case the gambler shall have the possibility to take

bake the stakes for the games that have not been played yet after the end of some of the games.

(5) One game on gambling machines shall mean starting a gambling game by starting up the mechanical,

electronic and mechanical or electronic device determining the result of the gambling game and the display of

the gambling game result on the gambling machine and winning payout, if any. During a gambling game further

stakes must not be paid. After the end


of each gambling game, the gambler shall have the possibility to take the whole winning. Each gambling

game must offer the gambler the possibility to win.

(6) With the participation of the supervisory bodies, the authorised testing laboratory shall be entitled to

perform random checks of the winning ratio and serviceability of gambling machines, and if they find out any

violation of conditions laid down in this Act, they may withdraw the certificate pursuant to Article 32 while they

shall be obliged to notify this fact to the body that has granted the licence for operation of gambling games by

means of gambling machines to the gambling machine operator. The costs connected with such check shall

be settled by the gambling machine operator only if any defects have been found.

Article 50

Premium Game

(1) In gambling houses with gambling machines it is possible to introduce a system of a premium game

based on pooling a certain part of the stake in the premium game through the interconnection of gambling

machines located in the gambling house, and that part of the stake is determined for the premium game.

(2) The premium game may be operated on at least eight gambling machines of one operator of gambling

games by means of gambling machines and the amount of the premium winning must not exceed EUR 3,000;

it does not apply to operation of the premium game by means of gambling machines in casino.

(3) If the premium game is operated in a gambling house by several operators of gambling games by

means of gambling machines, the certificate according to Article 32 is issued for each operator of gambling

games by means of gambling machines separately.

(4) The amount of the premium winning shall be visibly placed on the electronic board.

CHAPTER SIX

OPERATION OF GAMBLING GAMES OPERATED BY MEANS OF TECHNICAL EQUIPMENT

OPERATED DIRECTLY BY GAMBLERS OR OPERATED BY MEANS OF TELECOMMUNICATION

EQUIPMENT, AND OPERATION OF VIDEO LOTTERY TERMINALS

Article 51

(1) When publishing the information on a gambling game, operators of gambling games by means of

telecommunication facilities must specify the place where gamblers can familiarise themselves with the game

plan.

(2) The minimum amount of stake in the operation of gambling games by means of technical equipment

operated directly by gamblers shall amount to a sum at a level of 10 Euro cents, and the maximum amount of

stake for one position must not exceed a sum at a level of EUR 10. Jackpot must not exceed a sum at a level

of EUR 3,000. These limitations shall not apply to gambling game operation by means of technical equipment

operated directly by gamblers in casino.

(3) The minimum amount of stake in the operation of video lottery terminals shall amount to a sum at a level

of 10 Euro cents, and the maximum amount of stake in one gambling game must not exceed a sum at a level

of EUR 10. Jackpot must not exceed a sum at a level of EUR 3,000. These limitations shall not apply to the

operation of video lottery terminals in casino.

(4) In operating gambling games by means of telecommunication equipment, the provider of the service,

through which the gambler takes part in the gambling game, shall keep separate records of the sums added to

the gambler's stake.

(5) The game principal in gambling games operated by means of telecommunication equipment is the sum

of stakes. The game principal in video lottery terminals and technical equipment operated directly by


gamblers is the difference between the stakes received and winnings paid out.

SECTION FOUR

CHARITY LOTTERY

Article 51a

(1) The charity lottery operator may ask the Ministry to be provided with a subsidy out of the state budget

expenditures, up to a maximum of 50% of the levies paid by the operator for the corresponding calendar year

in accordance with Article 37. The application shall be submitted by the charity lottery operator to the Ministry

within 30 days after the annual statement of the levies for the previous calendar year was drawn up. The

Ministry may provide the funds annually within 30 calendar years after the submission of a full application. The

amount of the subsidy shall not exceed the amount specified by a special regulation. 19aa)

(2) The income from the operation of a charity lottery after the payment of lottery operation-related costs,

including the payment of levies in accordance with Article 37 and the subsidy in accordance with paragraph 1

shall be used by the charity lottery operator exclusively for purposes in general public benefits.19b) The subsidy

in accordance with paragraph 1 shall be used by the charity lottery operator no later than before the end of the

calendar year following the year in which the charity lottery operator was provided the subsidy in accordance

with paragraph 1.

(3) For charity lotteries, game principal shall mean the difference between the stakes received and winnings

paid out.

SECTION FIVE

NATIONAL LOTTERY COMPANY

Article 52

(1) The national lottery company is a joint-stock company based in the territory of the Slovak Republic whose

founder and shareholder is the Slovak Republic represented by the Ministry.

(2) The business name of the national lottery company must contain the identification "national lottery

company" or the abbreviation "n.l.s." The identification "national lottery company“ or its translations must not

be used by any other legal person or natural person.

(3) Any transfer of shares of the national lottery company to other legal persons or natural persons is

prohibited

(4) The registered capital of the national lottery company is minimum EUR 332,000. The shares of the

national lottery company shall be issued as book-entry personal shares.

(5) The national lottery company cannot issue bonds with the related right to their exchange for company

shares or the right to preferential subscription of shares of the national lottery company in case they may be

acquired by other legal persons or natural persons to whom the shares of the national lottery company referred

to in paragraph 3 cannot be transferred.

(6) The national lottery company or its part20) may be sold only to another national lottery company.

The national lottery company may merge in or be fused with another national lottery company.

Article 53

(1) The national lottery company shall operate one of the gambling games forming the state lottery. The

national lottery company may also operate other gambling games according to this


Act and conduct a business activity related to operating gambling games.

(2) The national lottery company is entitled to conduct activities according to paragraph 1 only after it has

been granted an individual licence.

(3) An individual licence for operation of gambling games pursuant to Article 3 (2) (i), which are

interchangeable or similar to state lottery, may only be granted to the national lottery company.

SECTION SIX

SANCTIONS

Article 54

(1) If the supervisory body finds out during supervision performance that the entity under supervision has

violated the provisions of this Act, special acts and other generally binding legal regulations applicable to

gambling game operation, promotion of gambling games, conditions of operation of gambling games laid down

in this Act or specified in an individual licence or general licence, the duties according to the approved game

plan including the gambling game rules or fails to fulfil the duties imposed upon them by a valid decision of the

supervisory body, the supervisory body shall impose one or several of the following sanctions upon them:

a) a measure for the elimination and rectification of the found shortcomings including the time limit for its

fulfilment and the duty to inform the supervisory body on its fulfilment within the specified time limit,

b) the submission of special statements and reports,

c) the termination of the unauthorised activity or prohibited activity,

d) the suspension of gambling game operation,

e) a fine for offence pursuant to Article 55,

f) a fine for administrative delinquency pursuant to Article 56.

(2) The supervisory body shall base the sanctions on the nature, seriousness, way, rate of guilt, length of

duration and consequences of the violation of duties and take into account that the entity under supervision or

the person mentioned in paragraph 7 have found the violation of duty themselves and restored the lawful

condition at the time till the issuance of the decision on the sanction.

(3) The supervisory body can suspend the operation of the technical equipment used for the operation of

gambling games, establishment, gambling house or gambling game, if during the performance of supervision,

the supervisory body finds out

a) shortcomings that can affect proper operation of the gambling game, until they are eliminated,

b) the non-fulfilment of some of the conditions of gambling game operation laid down in this Act or specified

in the licence,

c) the violation of conditions of gambling game operation laid down in this Act or specified in the licence,

d) the violation of the duties pursuant to the approved game plan, including the rules of gambling games or

e) the non-observance of the provisions of this Act, special acts or other generally binding legal regulations

applicable to gambling game operation or gambling game promotion.

(4) The supervisory body shall produce a written record of the suspension of gambling game operation.

When the gambling game operation is suspended, the supervisory body shall be entitled to seal the gambling

machines or other equipment or systems used in gambling game operation. The damage


caused by the suspension of the gambling game operation shall be borne by the entity under supervision.

(5) If the gambling game operator eliminates the shortcomings for which the operation of the gambling game

was suspended, they can continue to operate the gambling game only after the previous written consent of the

supervisory body; the supervisory body shall be obliged to grant the written consent no later than within three

business days from proving the elimination of the shortcomings by the operator. The supervisory body shall be

obliged to immediately notify the Ministry or the municipality that have granted the individual licence to the

gambling game operator of the suspension of the gambling game, sealing of the gambling machine or other

equipment and system used in the operation of gambling game, as well as of the consent to the continuation

of gambling game operation.

(6) If during the performance of supervision the supervisory body finds out that during the validity of the

licence, the entity under supervision operates the gambling game repeatedly in conflict with the conditions laid

down in this Act or specified in the individual licence, they shall submit to the Ministry or municipality a proposal

for the withdrawal of the individual licence.

(7) If during the performance of supervision the supervisory body finds out that in connection with the

violation of the provisions of this Act, a property linked benefit has been obtained by the legal person or natural

person that violated the provisions of this Act or a person related to them, or a person controlled by such person,

the supervisory body shall impose on the person that obtained such property linked benefit the duty to pay a

sum equal to the value of the obtained property linked benefit to the state budget.

(8) The competent levy administrator shall impose upon the gambling game operator the duty to pay late

payment interest if the levies pursuant to Article 37 are not paid by the gambling game operator in time or in a

correct amount, amounting to 0.1 % of the outstanding amount for each day of delay including incomplete days

from the day following the date of maturity of the levy to the day, on which the outstanding amount was paid to

the account of the competent levy administrator. The competent levy administrator shall not impose the late

payment interest if the late payment interest in total does not exceed an amount of EUR 5 for one calendar

year. The late payment interest shall be rounded up to the whole Euro cent. The late payment interest shall be

due within 30 days from the date of legal force of the decision on imposing the late payment interest. The late

payment interest imposed by the levy administrator, which is a Tax Office, represents income to the state

budget. The late payment interest imposed by the levy administrator, which is a municipality, represents income

to the budget of the municipality. If the late payment interest is not paid within the period of maturity, the

competent levy administrator shall proceed to recover the outstanding amount; in recovering the outstanding

amounts, the provision of Article 36 (2) (f) shall be followed at first.

(9) The sanctions pursuant to this Act can be imposed within two years from the day when the supervisory

body or the competent levy administrator found a violation of duty, however no later than within five years from

the day, on which the duty was violated. Sanctions can be imposed concurrently and repeatedly. The imposition

of sanctions pursuant to this Act shall not affect the responsibility pursuant to special regulations.21)

(10) If at the time till the expiry of two years from the date, on which the decision on imposing a fine for

offence or fine for administrative delinquency came into legal force, another violation of duties occurs for which

the fine was imposed on the same entity, the supervisory body may impose a fine up to two times higher than

the previous fine.

(11) The fine for offence or fine for administrative delinquency shall be due within 30 days from the date on

which the decision on imposing the fine came into legal force and it represents income to the state budget.

(12) The fines for offences or fines for administrative delinquencies, which were lawfully imposed by the

supervisory body pursuant to Article 11 (1) (a) and (c), shall be administered by the Government Audit

Office;21a) for that purpose, the competent supervisory body shall send the valid decision on imposing

the fine to the Government Audit Office.


Article 55

Fines for Offences

(1) An offence in the area of gambling game operation, gambling game promotion or related activities is

committed by a natural person being an entity under supervision pursuant to

Article 12 (b) to (k) that

a) fails to fulfil the duty imposed in a valid decision of the supervisory body,

b) obstructs supervision performance pursuant to this Act,

c) promotes a gambling game or performs activities related to the promotion of a gambling game in conflict

with this Act, terms and conditions of gambling game operation laid down in this Act or specified in the

licence or with the game plan,

d) takes part in the operation of a gambling game or performs activities for the gambling game operator or in

the operation of a gambling game in conflict with this Act, terms and conditions of gambling game operation

laid down in this Act or specified in the licence or with the game plan,

e) uses the identification "casino" including the derived word forms without the licence pursuant to this Act,

f) promotes a gambling game or performs activities related to the promotion of a gambling game, for which

no licence pursuant to this Act has been granted or issued,

g) fails to fulfil the duty pursuant to Article 15b (7) in compliance with a special regulation,4c)

h) operates a gambling game, is involved in the operation of a gambling game or performs activities in

operating a gambling game, for which no licence pursuant to this Act has been granted or issued.

(2) The supervisory body shall impose on the natural person pursuant to paragraph 1 a fine

a) from EUR 200 to EUR 1,000 for the commission of an offence pursuant to paragraph 1 (a),

b) from EUR 700 to EUR 5,000 for the commission of an offence pursuant to paragraph 1 (b),

c) from EUR 1,000 to EUR 10,000 for the commission of an offence pursuant to paragraph 1 (c),

d) from EUR 2,000 to EUR 20,000 for the commission of an offence pursuant to paragraph 1 (d),

e) from EUR 3,000 to EUR 30,000 for the commission of an offence pursuant to paragraph 1 (e),

f) from EUR 5,000 to EUR 50,000 for the commission of an offence pursuant to paragraph 1 (f),

g) from EUR 10,000 to EUR 100,000 for the commission of an offence pursuant to paragraph 1 (g),

h) from EUR 15,000 to EUR 250,000 for the commission of an offence pursuant to paragraph 1 (h).

(3) The proceedings about offences are governed by a special regulation on offences.17)

Article 56

Fines for Administrative Delinquencies

(1) The supervisory body shall impose a fine for administrative delinquency in the amount

a) of EUR 500 on the legal person being the entity under supervision pursuant to Article 12 (a), for a failure

to fulfil the duties laid down in Article 21 (12) and (13), Article 24 or Article 35 (2) second sentence,

b) from EUR 500 to EUR 10,000 on the legal person being the entity under supervision pursuant to Article 12

(a), for a failure to fulfil the duties laid down in Article 35 (6) to (8), (18) and (19), Article 38, Article 54 (1) (b)

or imposed through a measure pursuant to Article 54 (1) (a),


c) from EUR 700 to EUR 15,000 on the legal person being the entity under supervision pursuant to Article 12,

for obstructing supervision performance pursuant to this Act,

d) from EUR 1,500 to EUR 50,000 on the legal person being the entity under supervision pursuant to Article

12 (e) and (f), for the promotion of a gambling game or performance of activity related to the promotion of a

gambling game in conflict with this Act, terms and conditions of gambling game operation laid down in this

Act or specified in the licence or with the game plan,

e) from EUR 3,000 to EUR 100,000 on the legal person being the entity under supervision pursuant to Article

12 (a) and (b), for the operation of a gambling game, taking part in the operation of a gambling game or

performance of activities for the gambling game operator in conflict with this Act, terms and conditions of

gambling game operation laid down in this Act or specified in the licence, game plan, record of gambling

game operation suspension or for a failure to fulfil the duty imposed by a valid decision of the supervisory

body,

f) from EUR 5,000 to EUR 50,000 on the legal person being the entity under supervision pursuant to Article

12 (h), for using the identification "casino" including the derived forms of words without a licence pursuant

to this Act,

g) from EUR 5,000 to EUR 100,000 on the legal person being the entity under supervision pursuant to Article

12 (a), for the operation of a prohibited gambling game pursuant to Article 35 (20),

h) from EUR 5,000 to EUR 250,000 on the legal person being the entity under supervision pursuant to Article

12 (e) to (g) and (j), for the promotion of a gambling game or performance of activity related to the promotion

of a gambling game, for which no licence pursuant to this Act has been granted or issued,

j) from EUR 10,000 to EUR 500,000 on the legal person being the entity under supervision pursuant to Article

12 (k), for a failure to fulfil the duty pursuant to Article 15b (7) in compliance with a special regulation,4c)

k) from EUR 15,000 to EUR 500,000 on the legal person being the entity under supervision pursuant to Article

12 (b), (d), (g), (i) and (j) for the operation of a gambling game or for taking part in the operation of a gambling

game, for which no licence pursuant to this Act has been granted or issued.

(2) The competent levy administrator shall impose on the legal person being the entity under supervision

pursuant to Article 12 (a), a fine of EUR 300 for a failure to submit the statement of levies from gambling game

operation within the time limits pursuant to Article 37.

SECTION SEVEN

COMMON, TRANSITIONAL AND FINAL PROVISIONS

CHAPTER ONE

Article 57

Common Provisions

(1) The general regulation on administrative proceedings4) shall be applied to proceedings pursuant to

this Act unless otherwise laid down by this Act.

(2) The general regulation on administrative proceedings shall not

apply to

a) the issuance of general licences pursuant to Article 18,

b) notification duty pursuant to Article 19,

c) technical assessment pursuant to Article 30,

d) suspension of gambling game operation pursuant to Article 54 (3),

e) recovery of arrears pursuant to Article 37 (13) and Article 54 (8),

f) performance of supervision pursuant to this Act, and


g) registration of natural persons in the register of excluded persons and erasure of natural persons from the

register of excluded persons.

(3) The provisions of a special regulation on tax distraint proceedings22) shall apply accordingly to the

recovery of arrears pursuant to Article 37 (13) and Article 54 (8).

(4) Unless otherwise laid down by this Act, the Commercial Code shall apply to applicants and gambling

game operators.

(5) If the term "lotteries and other similar games" is used in generally binding legal regulations, it shall mean

"gambling games".

Article 57a

The Ministry may issue a generally binding legal regulation that will lay down

a) the requirements for equipment and systems used in the operation of gambling games,

b) the essentials of an application for technical assessment of equipment and systems used in the operation

of gambling games.

CHAPTER TWO

TRANSITIONAL PROVISIONS AND FINAL PROVISIONS

Article 58

Transitional Provisions

(1) Proceedings for the issue of permission to operate a lottery or other similar game commenced before

the effective date of this Act shall be finished according to the existing regulations. Proceedings commenced

according to the existing regulations, which with respect to the provisions of this Act do not have to be finished,

shall be discontinued by the bodies that commenced them.

(2) Proceedings for imposition of a fine commenced before the effective date of this Act shall be finished

according to the existing regulations.

(3) Permission to operate raffles and draw in-kind lotteries issued according to the existing regulations are

regarded as general licences according to Article 18 and fulfilment of the notification duty according to Article

19.

(4) Unless otherwise laid down by this Act, operators of gambling games for which individual licences are

required under this Act and who were issued permission according to the existing regulations, except for

operators of gambling machines, must ask the Ministry for granting individual licences under this Act by 30

September 2005, otherwise their permission issued according to the existing regulations shall expire after the

period for which they had been issued expires, but no later than as of 1 October 2005. If an application for

granting an individual licence was delivered to the Ministry within the period as per the first sentence, the

permission according to the existing regulations shall expire on the day that the decision of the Ministry on

granting an individual licence under this Act comes into effect.

(5) The applicants holding valid permission issued according to the existing regulations as at the day that

this Act comes into effect, who paid up the registered capital according to the existing regulations, shall prove

the payment of the registered capital by attaching statements of account in the bank or branch of a foreign bank

or other documents proving the amount and payment of the registered capital.

(6) Permissions issued to operators of gambling machines according to the existing regulations shall remain

in force till 31 December 2005.

(7) Operators of lotteries or of other similar games who were issued permission according to


the existing regulations must pay a levy in the amount and within the period as specified by this Act from 1

July 2005.

(8) Authorisations to accept bets issued according to the existing regulations shall expire as of 1 October

2005.

(9) Certificates of gambling machines issued by the authorised testing laboratory before this Act comes into

effect shall remain in force till 31 December 2005 at the latest.

(10) According to Article 18 (5), the Ministry shall publish a draft general licence. The existing regulations

shall apply to operation of raffles and draw in-kind lotteries till the effect of the general licence.

(11) Authorised testing laboratories must ask the Ministry for the issuance of authorisation for technical

assessment pursuant to this Act by 30 June 2005, otherwise their authorisations for technical assessment

issued according to the existing regulations shall expire after the period, for which they had been issued,

expires, but no later than as at 30 September 2005. If the application for the issuance of authorisation for

technical assessment pursuant to this Act is delivered to the Ministry within the period as per the first sentence,

the authorisation for technical assessment issued according to the existing regulations shall expire on the day

that the decision of the Ministry on the application for the issuance of the authorisation for technical assessment

pursuant to this Act comes into legal force.

Article 58a

Transitional Provisions Effective from 1 January 2008

(1) Gambling games operators and authorised testing laboratories shall be obliged to harmonise their legal

relations with this Act till the date of Euro currency introduction pursuant to a special regulation.23)

(2) The operators of gambling games except the gambling games pursuant to Article 3 (2) (d), who were

granted an individual licence pursuant to the existing regulations, shall be obliged, in case of changes of data

and facts resulting from this Act, to apply for a change of the granted individual licence pursuant to Article 21

(13) no later than by 30 June 2008, otherwise their individual licence granted pursuant to the existing regulations

shall expire upon the expiry of the period, for which it was granted, however, no later than on the date of Euro

currency introduction pursuant to a special regulation.23) The individual licence of the gambling game

operators whose change of the granted individual licence has not been approved based on the application

according to the first sentence shall also expire as of that day.

(3) For the purpose of proceedings for granting an individual licence for the operation of gambling games

by means of gambling machines for the year 2009, which are granted by municipalities, Euro shall not be

considered a foreign currency; this shall not apply to proceedings commenced before 1 January 2009. The

provisions of Article 35 (17) and Article 36 (2) first sentence in the wording effective from 1 January 2008 shall

be used for the first time before filing an application for granting a licence for gambling game operation by

means of gambling machines for the year 2009.

(4) The documents on the technical assessment of equipment and systems included in Article 30 (2), which

are certificates pursuant to Article 32 attached to the application for individual licence granting or change in the

proceeding pursuant to paragraph 2 or 3, must also contain data on the game currency. These certificates shall

come into force on the date, when the decision on individual licence granting or change issued in the proceeding

pursuant paragraph 2 or 3, comes into legal force. Based on the gambling game operator's application, the

authorised testing laboratory shall be obliged to re-confirm the validity of the certificates by 31 December 2010.

If the authorised testing laboratory fails to re-confirm the validity of these certificates no later than as at 31

December 2010, on that day the validity shall expire.

(5) The validity of the certificates issued according to the existing regulations shall expire as at the date of

Euro currency introduction in the Slovak Republic.23) The validity of the certificates with the indicated date of

expiry before the date of Euro currency introduction in the Slovak Republic shall expire as at the date indicated

in the certificate.


(6) The time limits pursuant to the existing regulations shall not apply to the proceedings pursuant to

paragraphs 2 and 3. The Ministry or the municipality shall make decision on the applications pursuant to

paragraphs 2 and 3 within 30 days from the date of filing of a complete application.

(7) Proceedings for granting individual licences, which were commenced and have not been finished lawfully

before 1 January 2008, shall be finished in accordance with the existing regulations.

(8) The proceedings for the recovery of arrears of levies pursuant to Article 37 or sanctions pursuant to

Article 54 (1) (e) and (f), which were commenced and have not been finished lawfully before 1 January 2008,

shall be finished in accordance with the existing regulations..

(9) In the period from 1 January 2008 to the day immediately preceding the date of Euro currency

introduction in the Slovak Republic, the reference exchange rate specified and declared by the National Bank

of Slovakia shall be applied to the conversion of monetary tariff rates mentioned herein in Euro cents or Euros

to Slovak korunas; in individual calendar months, the exchange rate valid on the first day of the respective

calendar month shall be used, and the tariff rate determined by the conversion shall be rounded to whole

korunas.

(10) Pursuant to Article 24 (1) in the wording effective from 1 January 2008, the Tax Office shall notify the

Ministry for the first time of the number of the ID cards issued to the gambling game operator after the granting

of the licence for gambling game operation by means of gambling machines for the year 2009.

(11) The existing regulations shall apply to the proceedings for the cancellation of blockage and use of the

financial guarantee in the operation of gambling games by means of gambling machines, which was blocked

in favour of the municipality.

Article 58b

Transitional Provisions to Amendments Effective from 1 April 2008

(1) The provision of Article 5 (1) in the wording effective from 1 April 2008 shall not affect the provision of

Article 58a (1).

(2) The provision of Article 36 (4) (e) in the wording effective from 1 April 2008 shall be applied for the first

time before filing the application for granting a licence for gambling game operation by means of gambling

machines for the year 2009.

(3) For the purpose of annual statement of levies pursuant to Article 37 (3) for the whole calendar year 2008,

for gambling games operated by means of technical equipment operated directly by gamblers and for video

lottery terminals, the provision of Article 37 (1) (k) in the wording effective from 1 April 2008 shall be used.

Article 58c

Transitional Provisions to Amendments Effective from 1 January 2010

(1) Individual licences for the operation of gambling games pursuant to Article 3 (2) (g) granted in accordance

with the provisions effective till 31 December 2009 shall be considered individual licences for the operation of

gambling games according to Article 3 (2) (i) of the text effective from 1 January 2010.

(2) The proceedings for granting individual licences, which were commenced and have not been finished

lawfully before 1 January 2010, shall be finished in accordance with the regulations effective till 31 December

2009.

(3) The proceedings for releasing financial guarantees, which were commenced and have not been finished

lawfully before 1 January 2010, shall be finished in accordance with the regulations effective till 31 December

2009.


(4) Technical assessment of equipment and systems according to Article 30 (2) effective till 31 December

2009, which were commenced and have not been completed by issuing a certificate before 1 January 2010,

shall be finished in accordance with the regulations effective till 31 December 2009.

(5) The provisions of Article 37 effective from 1 January 2010 shall be applied for the first time to the payment

of levies for January 2010.

(6) The annual statement of levies for the year 2009 shall be drawn up by the operators of gambling games

in accordance with the regulations effective till 31 December 2009.

(7) Any natural person or legal person willing to operate off casino card games after the effective date of this

Act shall meet the requirements for the operation of such games and send a notification in accordance with

Article 19 effective from 1 January 2010 no later than 30 days after the publication of the general licence for

the operation of off casino card games; the provisions of Articles 54 to 56 effective from 1 January 2010 shall

not be applied within that period.

(8) The proceedings for imposing sanctions on an authorised testing laboratory, which were commenced

and have not been finished lawfully before 1 January 2010, shall be governed by the provisions of Article 31

(5) to (7) effective from 1 January 2010 if that is more favourable to the testing laboratory; the same shall apply

to Proceedings for imposing a sanction for a violation of law that occurred prior to 1 January 2010 that were

commenced after 1 January 2010.

(9) The authorised testing laboratories shall document their compliance with the requirements referred to

in Article 30 (5) by 30 June 2010. If the authorised testing laboratories fail to prove their compliance with the

requirements in accordance with the first sentence, their authorisation for technical assessment shall expire

as of 1 July 2010.

Article 58d

Transitional Provision to Amendment Effective from 30 September 2010

Payment of an extra levy pursuant to Article 37 (20) shall be made by 10 October 2010 with the exception

of the part of the extra levy whose payment will be permitted in instalments by the Ministry.

Article 58e

Transitional Provision to Amendments Effective from 1 January 2011

The proceedings for granting an individual licence for gambling game operation in casino in a recreational

complex, which were commenced and have not been finished lawfully before 1 January 2011, shall be

suspended.

Article 58f

Transitional Provisions to Amendments Effective from 1 September 2011

• The provisions of Article 37 (1) (c), (e), and (i) in the wording effective from 1 September 2011 shall be

applied for the first time to the payment of levies for September 2011.

• The performance of control or supervision commenced and unfinished before 1 September 2011 shall

be finished pursuant to the regulations effective till 31 August 2011.

• Provided that it is more favourable for the entity under supervision, the provisions of Article 56 in the

wording effective from 1 September 2011 shall be used for the proceeding for sanction imposing that was

commenced and has not been finished lawfully before 1 September 2011.


Article 58g

Transitional Provisions to Amendments Effective from 1 September 2011

(1) The certificates for gambling machines issued by an authorised testing laboratory effective till 1

September 2011 can be last time used in the proceedings for granting or changing an individual licence for

gambling game operation by means of gambling machines for the calendar year 2012.

(2) The proceedings for granting or changing individual licences, which were commenced and have not

been finished lawfully before 1 September 2011, shall be finished in accordance with the regulations effective

till 31 August 2011.

Article 58h

Transitional Provision to Amendments Effective from 1 October 2012

The provision of Article 37 (1) (c) in the wording effective from 1 October 2012 shall be applied for the first

time to the payment of levies for October 2012.

Article 58i


(1) The gambling game operator operating gambling games in a gambling house shall be obliged to modify

the gambling house by 30 September 2013 in compliance with the provision of Article 2 (o) in the wording

effective from 1 January 2013.

(2) The gambling game operator operating gambling games in a gambling house shall be obliged to provide

permanent surveillance in the gambling house no later than from 1 April 2013 in compliance with the provision

of Article 35 (6) in the wording effective from 1 January 2013.

(3) The generally binding municipality orders pursuant to Article 10 (5) (d) issued according to the

regulations effective till 31 December 2012 shall remain in force maximum till 30 June 2013.

(4) The generally binding municipality order pursuant to Article 10 (5) (d) issued according to the regulations

effective till 31 December 2012, on which the municipal board has not made decision by 31 December 2012,

shall be issued pursuant to the regulations effective from 1 January 2013.

(5) The documents pursuant to Article 20 (6) (l) and Article 21 (15) in the wording effective from 1 January

2013 shall be for the first time enclosed to the application for individual licence granting or changing submitted

from 1 January 2013; if the application was submitted by 31 December 2012 and the proceeding regarding it

has not been lawfully finished by 31 December 2012, the document pursuant to Article 20 (6) (l) in the wording

effective from 1 January 2013 shall be submitted by the applicant on call from the Ministry or municipality.

(6) The municipality's opinions issued pursuant to Article 21 (5) (i) and (7) (c) in the wording effective till 31

December 2012 shall be in force till 31 December 2013.

(7) The gambling game operator shall be obliged to place the telephone number pursuant to Article 35 (24)

on the technical equipment for gambling game operation operated by them without undue delay after it has

been published at the Ministry's website.

(8) The provision of Article 37 (1) (e) in the wording effective from 1 January 2013 shall be applied for the

first time to the advance payment of levies for January 2013.

(9) The recovery of arrears of levies from gambling game operation pursuant to Article 37 (13), which was

commenced by the Tax Office competent for gambling games before 1 January 2013, shall be finished pursuant

to the regulations effective till 31 December 2012.


(10) The proceedings for granting individual licences for gambling game operation, which were commenced

and have not been finished lawfully till 31 December 2010, shall be finished in accordance with the regulations

effective from 1 January 2013.

(11) The provision of Article 22 (4) in the wording effective till 31 December 2012 shall apply to the individual

licences granted according to regulations effective till 31 December 2012.

Article 58j

Transitional Provision to Amendments Effective from 1 September 2013

A lot issued by the operator to the gambler can be included in the lottery of cash receipts after the submission

of the cash receipt produced after 31 August 2013.

Article 58k

Transitional Provision to Amendments Effective from 1 January 2015

The provisions of Article 37 (1) (i), (j), and (l) in the wording effective from 1 January 2015 shall be applied

for the first time to the payment of levies for January 2015.

Article 58l

Transitional Provision to Amendment Effective from 1 July 2016

In the proceeding commenced before 1 July 2016, which has not been lawfully finished, the regulations

effective till 30 June 2016 shall be followed.


Article 58m

(1) Proceedings for individual licence granting or change commenced and unfinished till 31 December 2016

shall be finished according to the regulation effective till 31 December 2016, and the provision of paragraph 24

shall also apply to the granting or change of an individual licence for the operation of gambling games operated

in a gambling house after 31 December 2016, and the provision of paragraph 22 shall also apply to licence

granting or change pursuant to Article 16 (b) subparagraphs 4 and 5 after 31 December 2017.

(2) The proceedings pursuant to Article 19 in the wording effective till 31 December 2016 shall be finished

pursuant to the regulation effective till 31 December 2016.

(3) The proceedings for imposing sanctions commenced till 31 December 2016 shall be finished pursuant

to the regulation effective till 31 December 2016.

(4) The performance of supervision unfinished till 31 December 2016 shall be finished pursuant to the

regulation effective till 31 December 2016.

(5) In the period from 1 January 2017 to 31 December 2017, the supervisory body, i.e.

a) the Financial Directorate of the Slovak Republic, may perform supervision pursuant to Article 11 (2) (c) in

the wording effective from 1 January 2017,

b) the Tax Office, may perform supervision pursuant to Article 11 (4) (a) in the wording effective from 1 January 2017.

(6) From 1 July 2017, the Financial Directorate of the Slovak Republic shall start performing supervision

pursuant to Article 11 (2) (a) and (b) in the wording effective from 1 January 2017, and it shall publish the list

of prohibited websites for the first time on 17 July 2017.

(7) Till 31 December 2017, the municipality shall perform supervision over gambling game operation

pursuant to


the regulations effective till 31 December 2016, and it shall finish the supervision no later than by 31 December

2017; the proceedings for imposing sanctions based on the performance of the supervision shall be

commenced and finished pursuant to the regulation effective till 31 December 2016.

(8) Video lottery terminal operators shall be obliged to make the end devices allowing on-line access

accessible to the Tax Office competent according to the registered office of the video lottery terminal operator

from 1 January 2018.

(9) For releasing the financial guarantee pursuant to Article 36 in the wording effective till 31 December

2016 deposited on a separate account in the bank or in the branch of a foreign bank, the regulation effective

till 31 December 2016 shall be used.

(10) The gambling game operators and applicants with a financial guarantee pursuant to Article 36 of the

Act in the wording effective till 31 December 2016 deposited on a separate account in the bank or in the branch

of a foreign bank shall be obliged to transfer this financial guarantee to the account of the Tax Office competent

according to the registered office of the gambling game operator or applicant no later than by 31 March 2017;

if this financial guarantee is deposited on a separate term deposit in the bank or in the branch of a foreign bank,

its transfer must be carried out no later than by 31 December 2017.

(11) The provision of paragraph 10 shall not apply to

a) the gambling game operators with a deposited financial guarantee pursuant to Article 36 in the wording

effective till 31 December 2016, who apply for the cancellation of the individual licence or terminate the

operation of the gambling game operated on the basis of a general licence before the expiry of the respective

time limit pursuant to paragraph 8,

b) the applicants with a deposited financial guarantee pursuant to Article 36 in the wording effective till 31

December 2016, who apply for the suspension of the proceeding for granting an individual licence before

the expiry of the respective time limit pursuant to paragraph 8.

(12) By 31 January 2017, gambling game operators shall be obliged to modify the game plan and submit

it for approval to the authority that granted the individual licence and to the authority that granted the general

licence.

(13) By 31 March 2017, gambling game operators shall be obliged to modify the appearance of the gambling

house pursuant to Article 38 (3) in the wording effective from 1 January 2017.

(14) The operation of instant lotteries, to which an individual licence was granted before 1 January 2017,

shall be finished pursuant to the regulation effective till 31 December 2016.

(15) The register of excluded persons shall be established with effect from 1 January 2019. The operators

of the gambling games included in Article 35 (7) in the wording effective from 1 January 2017 shall be obliged

to refuse participation in these gambling games to the persons included in the register of excluded persons

from 1 January 2019. The operators of the gambling game operated in a gambling house shall be obliged,

pursuant to Article 35 (8) in the wording effective from 1 January 2017, to refuse entry to the gambling house

to the persons registered in the register of excluded persons from 1 January 2019.

(16) The gambling game operator operating gambling machines, technical equipment operated directly by

gamblers or video lottery terminals shall be obliged to identify these devices in compliance with the provision

of Article 35 (2) in the wording effective from 1 January 2017 by 31 March 2017.

(17) The operator of the gambling game operated by means of telecommunication equipment, the operator

of the gambling game operated via the Internet, and the gambling game operator that transfers and collects

data and information connected with the gambling game operation through the Internet, shall be obliged to

harmonise


the operation of these gambling games with the provision of Article 35 (6) in the wording effective from 1

January 2017 by 31 December 2017.

(18) To the gambling game operator operating gambling machines, technical equipment operated directly

by gamblers or video lottery terminals, and to the legal person, that is granted licence pursuant to Article 16 (b)

subparagraph 4 and 5 before 1 January 2018, the validity of this licence shall expire on 1 January 2018, if they

have not relocated all such machines, equipment and terminals to a gambling house as at that day; at least 12

gambling machines, technical equipment operated directly by gamblers or video lottery terminals or together at

least 12 such machines, equipment or terminals serving for the operation of these gambling games must be

situated in the gambling house; each such machine, equipment or terminal shall be considered one piece of

machine, equipment or terminal regardless of the number of gambling places. Till 1 January 2018 it is prohibited

to operate gambling machines, technical equipment operated directly by gamblers or video lottery terminals

a) at schools, school facilities, facilities of social services for children and youth, facilities of social and legal

protection of children and social guardianship, facilities for the treatment of non-substance addictions,

healthcare facilities, boarding houses for youth, and in the buildings of government authorities,

b) at a distance of up to 200 metres from schools, school facilities, facilities of social services for children and

youth, facilities of social and legal protection of children and social guardianship, facilities for the treatment

of non-substance addictions, and boarding houses for youth, except for their operation in a gambling house;

the distance means a walking distance between the nearest entrance into the establishment in which such

devices are situated, and the nearest entrance to the building of the school, school facility, facility of social

services for children and youth, facility of social and legal protection of children and social guardianship,

facility for the treatment of non-substance addictions, and boarding house for youth, and it is measured by

a calibrated meter.24)

(19) The gambling game operator that is already registered in the Companies Register, shall be obliged

pursuant to Article 24 in the wording effective from 1 January 2017, to file with a competent court a proposal

for the registration of the permitted activity in the Companies Register based on an individual licence for

gambling game operation by 31 March 2017, and to submit to the Ministry the extract from the Companies

Register within ten days from the date, when the court decision on the registration in the Companies Register

has come into legal force.

(20) The generally binding municipality orders pursuant to Article 10 (5) (d) issued according to the

regulations effective till 31 December 2016 shall remain in force.

(21) If the decision on the generally binding order pursuant to Article 10 (5) (d) in the wording effective till 31

December 2016 has not been made through a resolution of the municipal board by 31 December 2016, the

generally binding order shall be governed by Article 10 (5) (d) in the wording effective from 1 January 2017,

and the effects of the petition pursuant to Article 10 (6) filed before 1 January 2017 shall remain preserved.

(22) After 31 December 2017, a licence pursuant to Article 16 (b) subparagraph 4 and 5 can be granted or

changed only in compliance with Article 35 (24) in the wording effective from 1 January 2018.

(23) The operator of a gambling game operated in gambling house that was granted an individual licence

before 1 January 2017 shall be obliged, no later than by 31 October 2017, to apply for a change of the individual

licence for the purpose of its harmonisation with Article 38 (4); if the operator of the gambling game fails to

apply for such change of individual licence by 31 October 2017, the validity of this individual licence shall expire

on 1 November 2017.

(24) After 31 December 2016, an individual licence for the operation of gambling games operated in

gambling house can be granted or changed only in compliance with Article 38 (4).


Article 58n

The provision of Article 10 (6) in the wording effective from 1 January 2017 shall be used for the first time for

the petitions negotiated by the municipal board after 31 December 2016.

Article 59

Repealing Provision

Act of the Slovak National Council No. 194/1990 Coll. on lotteries and other similar games as amended by

Act of the Slovak National Council No. 68/1992 Coll., Act of the National Council of the Slovak Republic No.

249/1994 Coll., Act of the National Council of the Slovak Republic No. 224/1996 Coll., Act of the National

Council of the Slovak Republic No. 386/1996 Coll., Act No. 55/1999 Coll., Act No. 332/2000 Coll., Act No.

218/2001 Coll., Act No. 553/2001 Coll., Act No. 182/2002 Coll., and Act No. 433/2002 Coll. is repealed.

PART II

Act of the National Council of the Slovak Republic No. 145/1995 Coll. on administrative fees as amended by

Act of the National Council of the Slovak Republic No. 123/1996 Coll., Act of the National Council of the Slovak

Republic No. 224/1996 Coll., Act No. 70/1997 Coll., Act No. 1/1998 Coll., Act No. 232/1999

Z. Coll., Act No. 3/2000 Coll., Act No. 142/2000 Coll., Act No. 211/2000 Coll., Act No. 468/2000 Coll., Act No.

553/2001 Coll., Act No. 96/2002 Coll., Act No. 118/2002 Coll., Act No. 215/2002 Coll., Act No. 237/2002 Coll.,

Act No. 418/2002 Coll., Act No. 457/2002 Coll., Act No. 465/2002 Coll., Act No. 477/2002 Coll., Act No.


Act No. 469/2003 Coll., Act No. 583/2003 Coll., Act No. 5/2004 Coll., Act No. 199/2004 Coll., Act No. 204/2004

Coll., Act No. 347/2004 Coll., Act No. 382/2004 Coll., Act No. 434/2004 Coll., Act No. 533/2004 Coll., Act No.


Act No. 653/2004 Coll., Act No. 656/2004 Coll., and Act No. 725/2004 Coll. shall be amended as follows:

1. In the annex Tariff of Administrative Fees, Item 140 shall read as follows:

"Item 140

a) the granting of an individual licence for the operation of the following gambling games:

1. numerical lotteries SKK 10,000

2. instant lotteries SKK 10,000

3. gambling machines, per each gambling machine SKK 45,000

4. bet games except rate bets SKK 10,000

5. draw pecuniary lotteries or draw pecuniary-in-kind lotteries SKK 10,000

6. rate bets SKK 100,000

7. casino gambling games SKK 1,000,000

8. bingo including special bingo SKK 100,000

9. games operated by means of technical equipment operated directly by gamblers or operated by

means of telecommunication equipment, and video lottery terminals SKK 100,000

10. gambling games not provided in Points 1 to 9 SKK 100,000

b) notification of operator of a draw in-kind lottery or raffle SKK 1,000

c) change of licence based on notification or request from the gambling game operator for all gambling

games SKK 1,000


d) issuance of an ID card for a gambling machine SKK 500

e) issuance of an ID card for a gambling machine as a substitute for a lost, destroyed, damaged or stolen

ID card SKK 500.“.

2. In the annex Tariff of Administrative Fees, Item 141 shall read as follows:

"Item 141

Issuance of authorisation for technical assessment pursuant to Act No. 171/2005 Coll. on gambling

games and on the amendment to certain acts SKK 50,000.".

PART III

Act No. 40/1964 Coll., Civil Code as amended by Act No. 58/1969 Coll., Act No. 131/1982 Coll., Act No.


Act No. 87/1991 Coll., Act No. 509/1991 Coll., Act No. 264/1992 Coll., Act of the National Council of the Slovak

Republic No. 278/1993 Coll., Act of the National Council of the Slovak Republic No. 249/1994 Coll., Act No.


Act No. 281/2001 Coll., Act No. 23/2002 Coll., Act No. 34/2002 Coll., Act No. 95/2002 Coll., Act No. 184/2002

Coll., Act No. 215/2002 Coll., Act No. 526/2002 Coll., Act No. 504/2003 Coll., Act No. 515/2003 Coll., Act No.

150/2004 Coll., and Act No. 404/2004 Coll. shall be amended as follows:

Article 846 shall read:

"Article 846

The provision of Article 845 shall not apply to gambling games pursuant to a special

regulation.7a)“. The footnote to reference 7a shall read as follows:

"7a) Act No. 171/2005 Coll. on gambling games and on the amendment to certain acts.".

PART V

Act No. 523/2004 Coll. on budgetary rules of general government and on the amendment to certain acts

as amended by Act No. 747/2004 Coll. shall be amended as follows:

1. Article 8 (10) shall read as follows:

"(10) The resources provided from the state budget and from the budget of the European Union are not

subject to execution of the decision according to special regulations14). The real property or movable

property procured for the resources provided from the state budget and from the budget of the European

Union is not subject to execution of the decision according to special regulations,14) except for execution

of the decision on the property procured for the resources provided from the state budget and from the

budget of the European Union, as stipulated by a contract according to Article 20 (2).“.

2. In Article 24 (11) in the introductory sentence, the word "pay" shall be replaced by the words "pay and settle".

3. In Article 24, paragraph 11 shall be supplemented with subparagraph (d) reading:

"d) from the reproduction fund of the contributory organisation if the loss cannot be settled even according

to subparagraph (c).“.

4. In Article 24 (12), the words "subparagraph (c)" shall be replaced by the words "subparagraph d)".

5. In Article 25, paragraph 4 shall be supplemented with subparagraph (e) reading:

"(e) settlement of loss from core activity.“.

6. Article 31 (8) shall read as follows:

"(8) Levies, penalties and fines for financial discipline violation by a legal person or


natural person represent an income of the respective type of general government budget, from which they

were provided; levies, penalties and fines for financial discipline violation in managing the resources of the

state budget shall represent an income of the state budget. The penalty and fine for financial discipline

violation by a general government entity in managing other financial resources than those provided from the

budget of other general government entity shall represent an income of the state budget.“.

7. Article 37a shall be added after Article 37 and it shall read as follows:

"Article 37a

Transitional Provision to Amendments Effective from 1 May 2005

(1) The provision of Article 31 (8) in the wording effective after 1 May 2005 applies to a levy, penalty and

fine for the violation of financial discipline imposed after 1 January 2005.

(2) The provision of Article 37 (7) also applies to economic activities, method of use and provision of

resources from the state budget for implementation of joint programs of the Slovak Republic and European

Communities under treaties concluded before 1 May 2004.“.

PART VI

Act No. 564/2004 Coll. on budgetary determination of income tax yields to territorial local government and

on the amendment to certain acts shall be amended as follows:

In Article 4 (4), the words "on 15 August" shall be replaced by the words "on 31 October".

PART VII

Act No. 582/2004 Coll. on local taxes and the local fee for municipal waste and small building waste, as

amended by Act No. 733/2004 Coll. and Act No. 747/2004 Coll., shall be amended as follows:

Article 104 shall be supplemented with paragraphs 11 and 12 reading:

"(11) By 31 May 2005, the tax administrator must notify the Ministry of Finance of the Slovak Republic of

the total sum of the imposed real estate tax for the period of taxation of 2005, established based on the filed

tax returns pursuant to the situation as of 1 May 2005.

(12) By 31 May 2006, the tax administrator must notify the Ministry of Finance of the Slovak Republic of

the total sum of the imposed real estate tax for the period of taxation of 2006, established based on the filed

tax returns pursuant to the situation as of 1 May 2006.".

PART VIII

Act of the Slovak National Council No. 369/1990 Coll. on municipalities as amended by Act of the Slovak

National Council No. 96/1991 Coll., Act of the Slovak National Council No. 130/1991 Coll., Act of the Slovak



National Council No. 295/1992 Coll., Act of the National Council of the Slovak Republic No. 43/1993 Coll., Act

of the National Council of the Slovak Republic No. 252/1994 Coll., Act of the National Council of the Slovak

Republic No. 287/1994 Coll., Act No. 229/1997 Coll., Act No. 225/1998 Coll., Act No. 233/1998 Coll.,

Judgement of the Constitutional Court of the Slovak Republic No. 185/1999 Coll., Act No. 389/1999 Coll., Act

No. 6/2001 Coll., Act No. 453/2001 Coll., Act No. 205/2002Coll., Act No. 515/2003 Coll., Act No. 369/2004

Coll., Act No. 535/2004 Coll., Act No. 583/2004 Coll., Act No. 615/2004 Coll., and Act No. 757/2004 Coll. shall

be supplemented as follows:

In Article 27 (2), at the end of Item 1, the following words shall be added: "unless otherwise specified


by a special regulation18aa),".

The footnote to reference 18aa shall read as follows:

"18aa) E.g. Act No. 171/2005 Coll. on gambling games and on the amendment to certain acts.".

PART IX

Effect

This Act shall come into effect on 1 May 2005.

Ivan Gašparovič m. p.

Pavol Hrušovský m. p.

Mikuláš Dzurinda m. p.


1) Act No. 289/2008 Coll. on the use of electronic cash registers and on the amendment to Act of the Slovak

National Council No. 511/1992 Coll. on administration of taxes and fees and on changes in the system of

territorial financial authorities as amended

1a) E.g. Article 21 of Act No. 431/2002 Coll. as amended

1aa) E.g. Article 9 (1) of Act of the National Council of the Slovak Republic No. 152/1995 Coll. on foodstuffs

as amended, Article 12 (2) and (3) of Act No. 250/2007 Coll. on consumer protection and on the amendment

to Act of the Slovak National Council No. 372/1990 Coll. on offences as amended, as amended by Act No.

397/2008 Coll.

1aaa) Article 43a (2) of Act No. 50/1976 Coll. on land-use planning and building rules (Building Act) as amended

by Act No. 237/2000 Coll.

1ab) Article 2 (5) of Act No. 351/2011 Coll. on electronic communications

1ac) Act No. 85/1990 Coll. on the petition right as amended

1ad) Article 1 (1) of Act No. 1/2014 Coll. on organising public sporting events and on the amendment to certain

acts

1ae) Article 1 (6) of Act No. 1/2014 Coll.

1b) Article 3 (1) of Act No. 610/2003 Coll. on electronic communications

2) Article 4 (1) of Act No. 610/2003 Coll.

3) Act of the National Council of the Slovak Republic No. 10/1996 Coll. on control in state administration as

amended

4) Act No. 71/1967 Coll. on administrative proceedings (Administrative Procedure Code) as amended

4a) Act of the Slovak National Council No. 377/1990 Coll. on the capital of the Slovak Republic Bratislava as

amended

4b) Act of the Slovak National Council No. 401/1990 Coll. on the city of Košice as amended

4c) Article 98a of Act No. 492/2009 Coll. on payment services and on the amendment to certain

acts as amended by Act No. 386/2016 Coll.

Article 41 (6) of Act No. 351/2011 Coll. as amended by Act No. 386/2016 Coll.

5) E.g. Code of Criminal Procedure, Act of the Slovak National Council No. 372/1990 Coll. on offences as

amended, Act of the Slovak National Council No. 511/1992 Coll. on administration of taxes and fees and on

changes in the system of territorial financial authorities as amended, Act No. 367/2000 Coll. on protection

against money laundering and on the amendment to certain acts as amended

5a) Article 5 of Regulation of the Ministry of Finance of the Slovak Republic No. 641/2008 Coll. laying down

requirements for equipment and systems used in operation of gambling games, which are video lottery

terminals

6) Act No. 211/2000 Coll. on free access to information and on the amendment to certain acts (Act on

Information Freedom)

7) E.g. Act No. 150/2001 Coll. on tax authorities and amending Act No. 440/2000 Coll. on financial control

administrations as amended by Act No. 182/2002 Coll., Act No. 152/1998 Coll. on complaints

8) Code of Criminal Procedure as amended

Act of the National Council of the Slovak Republic No. 171/1993 Coll. on Police Force as amended

9) Act of the National Council of the Slovak Republic No. 39/1993 Coll. on the Supreme Audit Office of the

Slovak Republic as amended

Act No. 575/2001 Coll. on the organisation of activities of the Government and organisation of the central

government as amended

Act of the National Council of the Slovak Republic No. 10/1996 Coll. as amended

10) E.g. Code of Contentious Civil Procedure, Code of Non-Contentious Civil Procedure, and Administrative

Procedure Code, Act No. 328/1991 Coll. on bankruptcy and settlement as amended, Article 8 of Act No.

65/2001 Coll. on administration and recovery of court debts


10a) Article 19 of Act No. 215/2004 Coll. on the protection of classified information and on the amendment to

certain acts as amended

10b) E.g. Article 17 to 20 of the Commercial Code as amended by Act No. 249/1994 Coll., Act No. 215/2004

Coll. as amended, Article 11 of Act No. 563/2009 Coll. on tax administration (Tax Code) and on the amendment

to certain acts as amended

10c) Article 2 (2) of Act of the National Council of the Slovak Republic No. 171/1993 Coll.

10d) Article 2 (3) (a) to (d) of Act No. 492/2009 Coll. as amended by Act No. 394/2011 Coll.

10e) Act No. 351/2011 Coll. as amended

10f) Article 4a of Act No. 166/2003 Coll. on privacy protection against unauthorised use of information

technology and on the amendment to certain acts (Act on Protection against Wiretapping) as amended

11) Act of the National Council of the Slovak Republic No. 145/1995 Coll. on administrative fees as amended

11a) Article 6 of Act No. 479/2009 Coll. on governmental bodies collecting taxes and duties and on the

amendment to certain acts as amended

11aa) Act No. 34/2002 Coll. on foundations and the amendment to the Civil Code as amended, as amended

11b) Article 20f to 20j of the Civil Code as amended

11c) Article 19 of Act No. 382/2004 Coll. on experts, interpreters and translators and on the amendment to

certain acts as amended

11d) Article 3 (1) and (3) of Act of the Slovak National Council No. 138/1992 Coll. on authorised architects and

authorised civil engineers as amended by Act No. 624/2004 Coll.

12) Act No. 264/1999 Coll. on technical requirements for products and on conformity assessment and on the


13) Government Order of the Slovak Republic No. 308/2004 Coll. laying down details on technical

requirements and procedures of conformity assessment for electrical equipment used within a certain voltage

range as amended by Government Order No. 449/2007 Coll.

Government Order of the Slovak Republic No. 194/2005 Coll. on electromagnetic compatibility as amended by

Government Order No. 318/2007 Coll.

13a) STN EN ISO/IEC 17025 General requirements for the competence of testing and calibration laboratories

STN EN ISO/IEC 45011 General requirements for bodies operating product certification systems

STN EN 55014-1 – Electromagnetic compatibility. Requirements for household appliances, electric tools and

similar apparatus Part 1: Emission.

STN EN 55014-2 – Electromagnetic compatibility. Requirements for household appliances, electric tools and

similar apparatus Part 2: Immunity.

STN EN 55022 – Information technology equipment. Radio disturbance characteristics. Limits and methods

of measurement.

STN EN 55024 – Information technology equipment. Immunity characteristics. Limits and methods of

measurement.

STN EN 60335-1 – Household and similar electrical appliances. Safety. General requirements.

STN EN 60335-2-82 – Household and similar electrical appliances. Safety. Particular requirements for service

machines and amusement machines.

STN EN 60950-1 – Information technology equipment. Safety. General requirements.

STN EN 61000-3-2 – Electromagnetic compatibility (EMC). Part 3-2: Limits. Limits for harmonic current

emissions (equipment input current <= 16 A per phase)

STN EN 61000-3-3 – Electromagnetic compatibility (EMC). Part 3-3: Limits. Limitation of voltage changes,

voltage fluctuations and flicker in public low-voltage supply systems, for equipment with rated current < 16 A

per phase and not subject to conditional connection STN EN 61000-4-2 – Electromagnetic compatibility (EMC).

Part 4-2: Testing and measurement techniques. Electrostatic discharge immunity test

STN EN 61000-4-4 – Electromagnetic compatibility (EMC). Part 4-4: Testing and measurement


techniques. Electrical fast transient/burst immunity test STN EN 61000-4-5 – Electromagnetic compatibility

(EMC). Part 4-5: Testing and measurement techniques. Surge immunity test

STN EN 61000-4-8 – Electromagnetic compatibility (EMC). Part 4: Testing and measurement techniques.

8. Section 8: Power frequency magnetic field immunity test. Basic Publication

STN EN 61000-4-11 – Electromagnetic compatibility (EMC). Part 4-11: Testing and measurement techniques.

Voltage dips, short interruptions and voltage variations immunity tests

STN EN 61000-6-1 – Electromagnetic compatibility (EMC). Part 6-1: Generic standards. Immunity for

residential, commercial and light-industrial environments

STN EN 61000-6-3 – Electromagnetic compatibility (EMC). Part 6-3: Generic standards. Emission standard

for residential, commercial and light-industrial environments

14) Article 4 of Act No. 264/1999 Coll. as amended by Act No. 436/2001 Coll.

Government Order of the Slovak Republic No. 308/2004 Coll. as amended by Government Order No.

449/2007 Coll.

Government Order of the Slovak Republic No. 194/2005 Coll. as amended by Government Order No.

318/2007 Coll.

15) Act No. 367/2000 Coll. as amended

16) Article 23 of Act No. 431/2002 Coll. on accounting as amended by Act No. 547/2011 Coll.

16a) Article 12 (2) (a) subparagraph 1 of Act No. 297/2008 Coll. on protection against money laundering and

terrorism financing and on the amendment to certain acts

17) Act of the Slovak National Council No. 372/1990 Coll. as amended

18) Civil Code

18a) Act No. 122/2013 Coll. on personal data protection and on the amendment to certain acts as amended


18aa) Article 3 of Act No. 417/2013 Coll. on assistance in material need and on the amendment to certain

acts

18ab) Article 3 (1) of Act No. 576/2004 Coll. on healthcare and healthcare-related services and on the


18ac) Article 21 of Act No. 523/2004 Coll. on budgetary rules of general government and on the amendment

to certain acts as amended

18ad) Article 4 (2) (b) of Act No. 122/2013 Coll.

18ae) Article 31 (4) of Act No. 417/2013 Coll.

18af) Article 24 (5) to (7) of Act No. 576/2004 Coll. as amended by Act No. 386/2016 Coll.

18ag) Act No. 153/2013 Coll. on the national healthcare information system and on the amendment to

certain acts

18ah) Act of the National Council of the Slovak Republic No. 233/1995 Coll. on court distrainers and distraint

procedures (Distraint Rules) and on the amendment to certain acts as amended

18b) Article 4 of Act No. 7/2010 Coll. on flood protection

19) Article 1 of Act of the National Council of the Slovak Republic No. 63/1993 Coll. on state symbols of the

Slovak Republic and their use

19a) Article 94 (2) of Act No. 440/2015 Coll. on sport and on the amendment to certain acts

19aa) Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and

108 of the Treaty on the Functioning of the European Union to de minimis aid (OJ EU L 352, 24. 12. 2013).

19b) Article 5 (3) of Act No. 34/2002 Coll.

20) Article 476 to 488 of the Commercial Code

21) E.g. the Penal Code, Labour Code, Civil Code, Commercial Code


21a) Article 4 of Act No. 357/2015 Coll. on financial control and audit and on the amendment to certain acts

22) Act of the Slovak National Council No. 511/1992 Coll. as amended

23) Act No. 659/2007 Coll. on Euro adoption in the Slovak Republic and on the amendment to certain acts

24) Article 9 (7) of Act No. 142/2000 Coll. on metrology and on the amendment to certain acts as amended


Documents

COLLECTION OF LAWS