Finally, the head of the General Directorate for the Regulation of Gambling, Mikel Arana, held a meeting with the specialized press, which was not a ‘press conference’ as the Ministry of Consumer Affairs wanted to highlight. "The conditions are not suitable to make another format, it was alleged." Perhaps, we made the mistake of asking him and insisting that land-based gaming is not really his competition; but the latest ministerial statements required bringing up the subject.
Mikel Arana surely does not have the technical profile that his predecessors have had and is more in line with the political regulator such as Enrique Alejo in the stage of legalization of online gaming in Spain.
And I insist, as its role is online gaming, I want to highlight first, its answer to my question about the need for game providers to pass the regulatory filter and obtain a License to be able to supply online operators with approved products. This would avoid the large fines that are currently being produced for malpractice by game creators. The Director replied that it was NOT contemplated to give licenses to providers and that they would be vigilant on this matter so that this is not repeated.
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About the Royal Decree on online gaming advertising, he alluded to the balance suggested even by the Council of State itself when balancing the interests of different sectors: the field of gaming and the field of operators. "But we also have, on the other hand, a series of actors related to rehabilitated players' associations, who are related to neighborhood associations, who are related to consumer associations, who asked us for the absolute prohibition of advertising at all hours, in all environments, in all models”.
And he explains: "in these situations is when the administration is responsible for trying to balance the interests of each other on the basis of some principles and a general interest, which is what we have tried to defend with this issue and, as you well know, that it is the defense of the most vulnerable groups, in this case people with gambling problems, and, on the other hand, younger people”.
And he denies a lack of dialogue: “In this regard, dialogue has existed and has existed before I was appointed head of the General Directorate for the Regulation of Gambling, during; and I hope that it can also exist later. Whenever I have spoken with the different actors in the field of gaming, I have told them that here there is no kind of animosity or obsession with the sector, it is quite the opposite”. "There is a need for regulation here, and we understand that this is a path that we must travel together, inviting us to do things in a different way."
Regarding the contradiction that granting so many online gaming licenses may entail and the Ministry's complaints about the supposed boom in the number of players: “One thing is that they take out the licenses for auction in 2017, that is an absolutely objective question, it is in other words, who meets the established requirements, does obtain the license, the general license and then the private licenses, that is a question; And, another question is that this widening of the market, from the point of view of advertising investment, is reflected in the widening of the part of new players, which would be reasonable and logical from the point of view of the laws of the market. Therefore, even I believe that those are two different issues that, furthermore, far from being a contradiction, I believe that what they imply is a guarantee for all game operators to know that if they meet the objective requirements, of course in this General Directorate will not have any inconvenience to obtain the license, in the same way that we have been renewing licenses as they expire, if that renewal has been requested”. "Therefore, I understand that they are more than contradictions, it is a guarantee"
In relation to alleged interference in regional powers, he claims: “We already had the opportunity to meet with the Gambling Policy Council and the relationship has to do with seeking coordination between all self-banned records, for example. We also open a period of reflection and a period of conversation, dialogue, on what should be or what are the views that each of the autonomous communities has on its own competence that is exclusive in the case of land-based activity ”. “It is important that we can exchange opinions, that we can draw a map of what the different State regulations are so that the autonomous communities also know what is happening in other places. We have a very sui generis coordination task, rather than coordination, I would say exchange of views, of being able to convey different messages from the different autonomous communities that do not think alike, some have different sensitivities. Not necessarily, always according to the political color of the autonomous community, but according to another series of elements and, therefore, for us as a state-level element, what we have to do is know a little about everything that is the state field, open that thought”.
And he continues: “In addition, it is also true that it is giving results, that is, the different autonomous communities are beginning to review their own regulations and in the Gaming Policy Council that we had a very short time ago with the self-ban registrations, except Catalonia, Euskadi, Valencia; The rest of the Autonomous Communities voted in favor of these registers intercommunicating with each other and therefore, I believe that this is a step forward and it is also a good way to start working within the Gaming Policy Council, knowing that from The state level in no case is intended to invade anyone's competences, but yes, it is true that there are certain issues that are a bit out of logic, such as that one can sign up in an autonomous registry and at the same time go play games. the neighboring autonomous community simply because there is no communication between the registries. I think that the first meeting was a very positive one and of course our way is to continue working together in these terms.
On the question of restricting advertising for online gambling and the consequences regarding the proliferation of illegal websites, Mikel Arana does not seem likely and shows his vigilance in this regard by denying that there was an increase in illegal gambling during the ban of the publicity that was established in the previous months.
When asked why SELAE and ONCE were excluded from the regulatory regime for gambling advertising, contradicting what was stated by the Minister when taking office and in his first statements in this regard at the beginning of February, Mikel Arana replied that they were excluded because surely ONCE would have appealed.
And he adds: "This is a royal decree and a royal decree develops a law and, therefore, whoever determines that lotteries have a different treatment with respect to online gambling, is a law of the year 2011, that is, when Unidas Podemos wasn't in this government. In fact, Podemos at the moment didn't exist, Izquierda Unida did, but Podemos in particular didn't. That is the framework in which we find ourselves and the one that we have to develop. From there, it is true that there is a difference in treatment. First of all, because indeed, and this is true, the immediacy between the bet and the prize generates different physical reactions, that is, it is not the same to acquire a coupon or a EuroMillion in January or a Christmas lottery draw in September to January.
That generates a series of physical responses that have nothing to do with the draws that are absolutely immediate. And, in fact, if we realize, where most incidence is made in online gaming throughout the broadcast of a football match, it is precisely in the intermission, that is, when everyone is in the heat of the moment. There have been bets made at the beginning that seem like they are not going to be able to win, so the players try to make up for the losses or try to overcome the eventual gains. This is something that is absolutely proven by different studies ”.
Back with the ONCE and if scratch cards are considered as Responsible Gaming, Mikel Arana replies that it is more similar to casino games although he distinguishes that scratch cards have a lower percentage of return of prizes than online gaming and this technical question can include in a different section with a lower problematic gaming index because it returns less in prizes. (!)
And again to ask about the 'resentment' of the Autonomous Communities for interference with their powers by the Ministry, Mikel Arana insists that there is cordiality and that the Gambling Policy Council did not perceive at any time that there was such concern about meddle in regional regulations, only that "it's also about gaming and worries".
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