Journal of Laws No. 134, item 779 ACT of 26 May 2011 on the amendment of the Gambling Law and some other Acts 1 Article 1 The following amendments are made to the Gambling Law of 19 November 2009 (Journal of Laws No. 201, item 1540 of 2010 No. 127, item 857 and of 2011 No. 106, item 622): 1) in Article 2 there is s. 7 added which reads as follows: 7. The application requesting the issue of a decision, referred to in s. 6, should have attached to it a description of the planned or organised undertaking which should contain in particular the rules of operating it, the expected prizes, the manner of selecting the winners and, concerning gaming machines, a technical inspection of the given machine performed by an inspection unit authorised to carry out technical checks on gaming machines and devices. The appropriate Minister of Public Finance may demand that such documents also be submitted by the party during ex officio procedure. ; 2) in Article 7 after s. 1 there is s. 1a added which reads as follows: 1a. Raffle lottery or raffle bingo whose pool of winnings does not exceed the base amount, referred to in Article 70, may be organised by entities referred to in s. 1 upon notification. The notification shall be made not later than 30 days before the game begins. ; 3) Article 14 s. 3 is given the following wording: 3. Betting depending on the granted permit is permitted exclusively at betting points or via the Internet. ; 4) after Article 15 Articles 15a through15e are added which read as follows: 1. At gaming centres guests are registered at the cost of the entity operating the game. Registration is required before guests may enter the gaming centre. 2. The person managing the gaming centre or an authorised employee of the centre establishes the identity of guests entering the gaming centre by checking a document indicating their age and identity. 3. Guest registration involves the checking and noting down in the guest register of the date and time that the guest enters the gaming centre and the guest s personal details, as follows: 1 Notification of this Act was made to the European Commission on 16 September 2010, under No. 2010/0622/PL, pursuant to 4 of the Regulation of the Council of Ministers of 23 December 2002 concerning the manner in which the national notification system of standards and legal acts functions (Journal of Laws No. 239, item 2039) and of 2004 No. 65, item 597), which implements Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society Services (OJ L 204 of 21 July 1998, p. 37, as amended. Journal of Laws, Special Polish Edition, Section 13, v. 20, p. 337, as amended). This Act changes the following Acts: the Credit Union Act of 14 December 1995, the Banking Law of 29 August 1997, the Law on Combating Money Laundering and Terrorism Financing of 16 November 2000, Law on Rendering Services Electronically of 18 July 2002, the Telecommunication Law of 16 July 2004 and the Customs Service Law of 27 August 2009.
1) name and surname; 2) type and number of identity document confirming age and identity; 3) the PESEL (personal ID) number and in the absence thereof the date of birth; 4) address of residence; 5) nationality. 4. The guest at the gaming centre receives a one-time access card which serves as confirmation of registration. 5. Guest registration data is made available exclusively to customs officers, treasury inspectors and the police, game participants lodging a complaint covering the scope relating to these participants as well as the courts and prosecutor in connection with pending court proceedings. The data is made available free of charge. 6. Guest registration data are stored for a period of 3 years, starting from the end of the calendar year, in which the registration took place. Article 15b 1. Entities operating games in casinos must install at the casino an audiovisual system of games control used for controlling the course of the game and for operating it, including the possibility of settling doubts as to the games being operated and verifying the correct indication of results, the settlement of chips and cash at the cash desk, the issue of statements on winnings and the keeping of records of paid out (issued) winnings, as well as the possibility of controlling and verifying persons entering the casino with the use of audiovisual signal recording. 2. Audiovisual signal recording is made available exclusively to customs officers, treasury inspectors and game participants lodging a complaint covering the scope relating to these participants, as well as court and prosecutor in connection with pending court proceedings. The data is made available free of charge. 3. Audiovisual signal recordings are stored for a period of 3 years, starting from the end of the calendar year, in which the registration took place. 4. Audiovisual signal recordings should be permanent and legible. The manner in which the audiovisual signal recording is made and the storing of it should protect the recording against destruction, modification and concealment. 5. The Minister of Public Finance defines, by way of a regulation, the detailed conditions of installing and using the system, referred to in s. 1, taking into account in particular the need to guarantee the possibility of reproducing the course of each game. Article 15c The gaming centre should be equipped with a back-up power supply, independent of the publicly available system, and an interference suppressor, guaranteeing uninterrupted and undisturbed continuation of the game. Article 15d 1. In the case of operating betting via the Internet, the information and data processing and storage devices relating to this form of betting as well as its participants should be installed and stored in a European Union Member State or a Member State of the European Free Trade Association (EFTA) - party to the European Economic Area Agreement (EEA). 2. The entity operating betting via the Internet may make use, for this purpose, exclusively of Internet sites whose national top-level domain is ascribed to Polish Internet sites. 2
3. The entity operating betting via the Internet shall perform, in real time, on the device employed for storing data and which is located in the Republic of Poland, the storage of all data exchanged between that entity and the betting participant, including data which permits the course and outcome of betting to be determined and of the transactions stemming from the bet and of the data which is required for identifying the betting participant. 4. The entity operating betting via the Internet shall provide customs officers with access to the data kept in the storage device and, with this purpose in mind, provide the appropriate tools and software which guarantees the safety of the data. 5. The entity operating betting via the Internet shall guarantee the safety of the stored and accessed data. 6. Access to the data, referred to in s. 4, should permit the reading, copying and processing of the copied data. 7. Data referred to in s. 3 shall be stored for a period of 5 years, starting from the end of the calendar year in which it was stored. Following the expiry of this period the entity operating betting via the Internet shall remove the data. 8. The Minister of Public Finance may define, by way of a regulation: 1) the manner of storing the data, including the conditions relating to storage devices and software, taking into account the need to guarantee the safety, integrity and completeness of the stored and accessed data and the possibility of accessing it according to betting operated through different Internet sites and under particular permits; 2) the scope of data which the entity operating betting via the Internet must store taking into account the need to carry out correct controls, to prevent fraud and to guarantee that the entity s compliance with the provisions regulating this kind of activity is verified. Article 15e The entity operating betting via the Internet must perform transactions stemming from the betting exclusively with the use of a bank account kept at: 1) a national bank in line with Article 4 s. 1 point 1 of the Banking Law of 29 August 1997 (Journal of Laws of 2002 No. 72 item 665, as amended 2 ), hereinafter referred to as the Banking Act; 2) the branch of a foreign bank in line with Article 4 s. 1 point 20 of the Banking Law; 3) a credit institution in line with Article 4 s. 1 point 17 of the Banking Law, which engages in the form of business activities defined under Article 48i of the Law. ; 5) Article 17 is given the following wording: Article 17. 1. 1. The entity organising cash lottery, raffle lottery, cash bingo or raffle bingo must secure the tickets or other proofs of participation in such games as well as boards used for cash bingo or raffle bingo against falsification and premature reading of game results, in particular 2 Amendments to the joint text of the Law referred to were notified in the Journal of Laws of 2002 No. 126, item 1070, No. 141, item 1178, No. 144, item 1208, No. 153, item 1271, No. 169, item 1385 and 1387 and No. 241, item 2074, of 2003 No. 50, item 424, No. 60, item 535, No. 65, item 594, No. 228, item 226 and No. 229 item 2276, of 2004 No. 64, item 594, No. 68, item 623, No. 91, item 870, No. 96, item 959, No. 121, item 264, No. 146, item 1546 and No. 173, item 1808, of 2005 No. 83 item 719, No. 85, item 727, No. 167, item 1398 and No. 183, item 1538, of 2006 No. 104, item 708, No. 157, item 1119, No. 190, item 1401 and No. 245, item 1775, of 2007 No. 42, item 272 and No. 112, item 769, of 2008 No. 171, item 1056, No. 192, item 1179, No. 209, item 1315 and No. 231, item 1546, of 2009 No. 18, item 97, No. 42, item 341, No. 65, item 545, No. 71, item 609, No. 127, item 1045, No. 131, item 1075, No. 144, item 1176, No. 165, item 1316, No 166, item 1317, No. 168, item 1323 and No. 201, item 1540 and of 2010, No. 40, item 226, No. 81, item 530 and No. 126, item 853, No. 128, item 1228 and No. 257, item 1724 and of 2011 No. 72, item 388. 3
against X-raying, opening or scratching off of the protective paint layer and sealing or replacing of the protective paint without damaging the structure of the paper. 2. The entity organising cash lottery, raffle lottery and raffle bingo must inform in writing the appropriate head of a customs office of its intention to destroy the lottery tickets, boards or other proofs of participation in such a game, at least 7 days before the planned date of performing such an action. The destruction of the above is subject to control. 3. The entity operating betting via the Internet must protect the proofs of participation in betting against interference by unauthorised persons and guarantee the possibility of verifying their authenticity. 4. The entity operating cash bingo must purchase game boards from an entrepreneur authorised by the appropriate Minister of Public Finance. 5. Cash bingo boards are produced by the entrepreneur, referred to in s. 4, according to a uniform model approved by the appropriate Minister of Public Finance. 6. The appropriate Minister of Public Finance defines, by way of a regulation, the conditions for producing and selling cash bingo boards and the contents of these boards, taking into account the protection of cash bingo participants and the guarantee to operate the game correctly. ; 6) in Article 18 there is s. 3 added which reads as follows: 3. For games on gaming machines the programmed level of gaming machine winnings cannot be less than 75% of the paid in stakes. ; 7) in Article 20 in s. 8 a third sentence is added which reads as follows: Information on the amount won or lost is also disclosed on demand of the Head of the Internal Security Agency as part of the checks, referred to in the Classified Information Protection Act of 5 August 2010 (Journal of Laws No. 182, item 1228). ; 8) under Article 23 after s. 1 there are s. 1a through 1c added which read as follows: 1a. A gaming machine should be equipped with a sustainable system for recording and storing data which permits the amount which constitutes the gaming tax base to be established and does not impact the course and outcome of the game. 1b. In the case of applying devices or systems for reading data for the internal needs of the entity using the gaming machines and devices and systems permitting communication between the gaming machines and other devices, these devices and systems cannot impact the course and outcome of the game. 1c. Gaming machines may be connected exclusively at one casino in the form of a system which permits the winnings to be accumulated. ; 9) after Article 23 Articles 23a through 23f are added which read as follows: Article 23a. 1. Gaming machines and devices, with the exception of numeric game lottery outlet terminals used exclusively for operating numeric games, may be used by entities holding licences or permits for operating games of chance or gaming machines, and by entities engaged in the state monopoly, once they have been registered by the head of a customs office. 2. Registration of a gaming machine or device permits these to be used. Registration is for a period of 6 years. 4
3.The head of a customs office registers the gaming machines and devices which meet the conditions under the Law, on the strength of an opinion of the inspection unit authorised to perform technical checks on gaming machines and devices. 4. A refusal to register a gaming machine or device is made by way of a decision. 5. The cost of registering a gaming machine or device is incurred by the entity operating the game. 6. The registration expires when the period for which the registration was made expires, and also if the gaming machine or device is withdrawn from use. 7. The head of a customs office, by way of a decision, withdraws the registration prior to expiry, if the registered gaming machine or device fails to meet the conditions under the Law. Article 23b. 1. On written demand of the head of a customs office, if there is a good reason to believe that the registered gaming machine or device fails to meet the conditions under the Act, the entity operating the gaming machine or device must release the gaming machine or device for verification. 2. Concerning the situation referred to in s. 1, indication is made of the gaming machine or device to be verified, the inspection unit performing the inspection and the entity to which the gaming machine or device must be submitted with the purpose of performing the inspection; the deadline for transferring these is given. 3. Verification is performed, on commission of the head of a customs office, by the inspection unit authorised to perform technical checks on gaming machines and devices, within a period of not more than 60 days from the day of receiving the commission. 4. The cost of verification should not exceed average fees for the given type of test. 5. If it is demonstrated, following verification, that the gaming machine or device fails to meet the conditions under the Law, the cost of the verification is covered by the entity operating the gaming machine or device. Article 23c. The entity operating the registered gaming machine or device must inform in writing the head of a customs office of the following: 1) the intention to move the gaming machine or device to another place of operation at least 7 days prior to doing so; 2) suspension or withdrawal from operating of a gaming machine or device within 7 days from the day of doing so; 3) the destruction or theft of a gaming machine or device within 2 days from the day that the event occurred. Article 23d. The appropriate Minister of Public Finance defines, by way of regulation, the detailed conditions for registering and operating gaming machines and devices, taking into account the security of the interests of game participants and the security of performing state budget obligations. Article 23e. 1. The appropriate heads of customs offices are appointed for matters relating to the registration of gaming machines and devices, as defined under Articles 23a 23c. 5
2. The area of jurisdiction is determined according to the location of the gaming centre or the location where the gaming devices are operated. 3. The Minister of Public Finance appoints, by way of a regulation, the heads of customs offices appropriate for the registration and operation of gaming machines and devices and defines the area of territorial jurisdiction, taking into account the need to perform the tasks efficiently and the distribution of locations where gaming machines and devices are operated. Article 23f. 1. The authority to perform technical checks on gaming machines and devices is granted by the appropriate Minister of Public Finance to those inspection units which meet the following conditions: 1) hold accreditation from the Polish Accreditation Centre or from an accreditation unit in a European Union Member State or a member state of the European Free Trade Association (EFTA) a party to the European Economic Area Agreement, being a signatory of the European Cooperation for Accreditation Multilateral Agreement; 2) they guarantee an appropriate standard of inspection, including the performance of inspections by persons with appropriate technical knowledge on gaming machines and devices, and with the appropriate technical equipment; 3) the persons managing the units and inspecting the gaming machines and devices have an irreproachable reputation, in particular they have not been sentenced for an intentional offence or for an intentional fiscal offence; 4) they are independent of the entities which operate betting activities and are independent of their organisations and associations, in particular concerning persons mentioned under s. 3 they have no relations with entities operating gambling, which relations might lead to justified doubts as to their impartiality. 2. Authorisation to carry out technical inspections on gaming machines and devices is granted on application of the inspection unit, to which application documents must be attached confirming the meeting of the conditions defined under s. 1, in particular: 1) the accreditation certificate; 2) certificates or other documents defining the standard of the inspections; 3) current statements demonstrating that the persons mentioned under s. 1 point 3, have not been sentenced for an intentional offence or for an intentional fiscal offence; 4) statements submitted, under pain of criminal prosecution, by persons mentioned under s. 1 point 3, that concerning the entity operating games and the persons: a) who manage such an entity or represent it, b) who are shareholders (partners) of such an entity or his employees there exist no legal or actual relations between them, which relations might lead to justified doubts as to impartiality. 3. The authorisation to carry out technical inspections on gaming machines and devices is granted for a period which is not longer than up to the expiry date of the accreditation. 4. The refusal to grant authorisation to perform technical checks on gaming machines and devices is issued by way of a decision. 5. The appropriate Minister of Public Finance, by way of a regulation: 1) withdraws authorisation to perform technical checks on gaming machines and devices if the inspection unit ceases to meet the conditions under s. 1 or refuses to perform the verification, referred to in Article 23b; 6
2) may withdraw authorisation to perform technical checks on gaming machines and devices if the inspection unit fails to carry out verification within the deadline indicated under Article 23b s. 3. 6. The Minister of Public Finance shall make public, on the Internet site of the office managing the minister s matters, the list of inspection units authorised to perform technical checks on gaming machines and devices. ; 10) in Article 24 s. 2 after point 3 the full stop is replaced by a semicolon and point 4 is added which reads as follows: 4) persons supervising and directly operating raffle lottery or raffle bingo, whose pool of winnings does not exceed the base amount, referred to in Article 70. ; 11) in Article 27 the following wording is given to s. 2: 2. Games of chance, with the reservation of raffle lottery and promotion lotteries, as well as betting operated via the Internet, may only be played by persons aged 18 or over. ; 12) in Article 28 the following wording is given to s. 2: 2. Entities organising numeric games, cash lotteries or betting may entrust another entity, on the strength of an agency contract, with the sale of tickets or other proof of participation in games and accepting bets and stakes, and the payment (handing-out) of winnings up to the level defined under the games or betting rules, with the reservation of these activities relating to betting operated via the Internet. ; 13) in Article 29 the following wording is given to s. 5: 5. The prohibitions set forth in s. 1 and s. 2 do not concern advertising and promotion inside casinos and bet making points and the placing of the name of the entity, company logo or the name of the conducted business activity on the exterior of the building, inside which there is a casino or a bet making point, and also, concerning betting organised via the Internet advertising and promotion appearing on the Internet site as specified in the permit and used for operating these games. ; Article 29a. 14) after Article 29 there is Article 29a added which reads as follows: 1. It is prohibited to organise gambling on the Internet. 2. It is prohibited to participate in gambling on the Internet. 3. The prohibitions defined under s. 1 and 2 do not concern the operation of betting via the Internet under the granted permit. ; 15) the title of chapter 5 is given the following wording: Licences, Permits and Notifications. ; 16) after art. 32: a) after s. 3 there is s. 3a added which reads as follows: 3a. The notification of raffle lottery or raffle bingo whose pool of winnings does not exceed the base amount, referred to in Article 70, organised within the territorial jurisdiction of one head of customs office, shall be made to the head of customs office within whose territorial jurisdiction such games are organised and operated., b) after s. 4 there is s. 4a added which reads as follows: 7
4a. The notification of raffle lottery or raffle bingo whose pool of winnings does not exceed the base amount, referred to in Article 70, organised within the territorial jurisdiction of more than one head of customs office, shall be made to the head of customs office within whose territorial jurisdiction the applicant s place of residence or registered office is located., c) there is s. 8 added which reads as follows: 8. The appropriate Minister of Public Finance defines, by way of a regulation, the territorial jurisdiction of the heads of customs offices to whom the notifications of raffle lottery or raffle bingo whose pool of winnings does not exceed the base amount, referred to in Article 70, shall be made, taking into account the need to perform the tasks efficiently. ; 17) in Article 36: a) s. 8 is given the following wording: 8) in the case of betting the planned type and number of bets and an indication as to whether the bets will be operated via the Internet;, b) after s. 8 there is s. 8a added with the following wording: 8a) in the case of betting operated via the Internet: a) the address and technical documentation of the Internet site which will be used for operating the bets, b) the designed principles for checking that a person participating in betting is 18 years of age or older, c) an expert opinion on the proofs of participation in betting, confirming security against interference by unauthorised persons and guaranteeing the possibility of verifying authenticity, d) the principles of storing and recording betting capital;, c) after s. 12 there is s. 12a added with the following wording: 12a) design of the system used for the registration of guests at the bingo hall; ; 18) in Article 38: a) the following wording is given to s. 2: 2. The notification of raffle lottery or raffle bingo whose pool of winnings does not exceed the base amount, referred to in Article 70, shall include data, referred to in s. 1 with the modification that instead of documents referred to s. 1 point 3, 8, 9 and 10 through 13 it shall include respectively: 1) personal data (names, surnames, nationality, place of residence, type, series and number of the identity document) of persons managing and representing the notifying entity; 2) prize payment commitment; 3) game rules; 4) statement of the legality of the sources of the shared capital, financial means or other assets used to organise raffle lottery or raffle bingo; 5) statement of clearance of taxes being the income of the state budget and customs duties, and of clearance of social security and health insurance contribution; 6) specimen of lottery ticket, another proof of participation in games, or board; 7) statement of natural persons managing and representing the notifying entity that they have not been convicted of an intentional offence or an intentional fiscal offence. b) there is s. 3 added which reads as follows: 8
3. To the notification of raffle lottery or raffle bingo, whose pool of winnings does not exceed the base amount, referred to in Article 70, a statement of the person supervising the game and the person directly involved in operating the game stating that they are acquainted with the provisions of the Law relating to raffle lottery or raffle bingo shall be attached. ; 19) in Article 41: a) s. 2 is given the following wording: 2. One permit shall be granted for operating one cash bingo hall., b) s. 3 is added which reads as follows: 3. One permit shall be granted for operating a given number of betting points or using a given number of Internet sites for operating betting. ; 20) in Article 43: a) in s. 1: point 3 and point 4 are given the following wording: 3 the place of operating cash bingo; 4) the place of operating and the type of betting together with a description as to whether the betting is operated via the Internet, and in such case additionally: a) the Internet site address for operating betting, b) the principles of checking that a person participating in betting is 18 years of age or older,, after point 5 there is point 5a added with the following wording: 5a) confirmed technical conditions for keeping the register of guests at the bingo hall;, b) s. 2 is given the following wording: 2. For betting activities the deadline, referred to in s. 1 point 6, concerns the start of activities at all betting points and on Internet sites defined in the permit. ; 21) in Article 51s. 2 in point 1 after d the semicolon is replaced by a colon and letter e is added which is given the following wording: e) the addresses of Internet sites used for operating betting, with the reservation that the original number of Internet sites cannot be raised as a consequence thereof; ; 22) in Article 60 there is s. 5 added in the following wording: 5. Entity organising raffle lottery or raffle bingo whose pool of winnings does not exceed the base amount, referred to in Article 70, informs the authority to which the notification was made about each amendment to the game rules not later than 3 days from the day the amendment was made. ; 23) under Article 63 after s. 2 there is s. 2a added which reads as follows: 2a. If betting is operated via the Internet, the operating entity must submit, within the deadline indicated in the permit, financial security of PLN 480,000. ; 24) in Article 69 s. 1 point 3 is given the following wording: 3) permit to operate betting shall be 2,000% of the base amount and additionally: a) for each betting point 50% of the base amount, b) for operating betting via the Internet 2,000% of the base amount, 9
c) for each Internet site used for operating betting 5,000% of the base amount; ; 25) in Article 71 the following wording is given to s. 4: 4. In the case of entities which organise betting, the tax obligation shall arise on the day the activities commence at the first point holding a permit or on the first Internet site covered by the permit. ; 26) in Article 88 the following wording is given to s. 4: 4. Gambling Problems Solution Fund expenses are earmarked exclusively for: 1) information and education activities and the drawing up of specialist expert opinions and reports addressing the problems of gambling addictions or other addictions not constituting addiction to psychoactive substances; 2) the elaboration and implementation of new methods of preventing and solving problems stemming from gambling addictions or other addictions not constituting addiction to psychoactive substances; 3) offering financial support to institutions and associations performing tasks connected with the solving of problems stemming from gambling addictions or other addictions not constituting addiction to psychoactive substances, including the assessment of the spread and threat of pathological gambling; 4) performing activities aimed at improving the quality of preventive and therapeutic programmes as well as improving the professional skills of persons offering treatment in order to increase the effectiveness and availability of treatment for persons addicted to gambling or other addictions not constituting addiction to psychoactive substances for addicted persons and those closest to them. 27) in Article 89 s.1 point 1 is given the following wording: 1) entity operating betting without a licence or permit, without notification, or without the required registration of the gaming machine or device;. Article 2 In the Credit Union Act of 14 December 1995 (Journal of Laws of 1996 No. 1, item 2, as amended 3 ) after Article 32a there is Article 32b added with the following wording: Article 32b. On demand to block the account, referred to in Article 75e s. 1 of the Customs Service Law of 27 August 2009 (Journal of Laws No. 168, item 1323, as amended 4 ), the credit union is obliged to prevent the use of any of the assets kept on the account of the credit union member for 72 hours from the moment that the demand is received. The provision of Article 106a s. 10 of the act of 29 August 1997 Banking Law shall be applied accordingly. Article 3 3 Amendments to the Act referred to were notified in the Journal of Laws of 1999 No. 101, item 1178, of 2001 No. 8, item 64 and No. 100, item 1081, of 2002 No. 169, item 1387 and No. 241, item 2074 of 2004 No. 68, item 623 and No. 146, item 1546 of 2006 No. 183, item 1354 and of 2009 No. 50, item 403 and No. 127, item 1045. 4 Amendments to the joint text of the Law referred to were notified in the Journal of Laws of 2009 No. 201, item 1540, of 2010 No. 182, item 1228 and of 2011 No. 63, item 322 and No. 73, item 390. 10
In the Banking Law of 29 August 1997 (Journal of Laws of 2002 No. 72, item 665, as amended 5 ) under Article 106a there is s. 11 added with the following wording: 11. The Bank blocks the means on the bank account, in entirety, also on demand to block the account referred to in Article 75e s. 1 of the Customs Service Law of 27 August 2009. The provision of s. 10 applies accordingly.. Article 4 In the Law on Combating Money Laundering and Terrorism Financing of 16 November 2000 (Journal of Laws of 2010 No. 46 item 276 and No. 182 item 1228), the following amendments are introduced: 1) Article 9c is given the following wording: Article 9c. Concerning entities operating casinos or cash bingo halls in the understanding of the provisions of the Gambling Law of 19 November 2009, the means, referred to in Article 8b s. 3 point 1, apply when the client enters the casino and cash bingo hall, irrespective of the value of the purchased game chips or boards. ; Article 5 2) in Article 33 s. 2 after point 1 there is point 1a added which reads as follows: 1a) The Head of the Customs Service or person authorised by the Head exclusively for the performance of Customs Service tasks;. In the Law on Rendering Services Electronically of 18 July 2002 Journal of Laws No. 144, item 1204, as amended 6 ) after Article 3a there is Article 3a¹ added which reads as follows: Article 3a¹. The rendering of services by electronic means concerning gaming is regulated by Polish law when the game is operated in the Republic of Poland or the recipient of the service participates in gambling in the Republic of Poland, or the service is directed towards the recipient of services in the Republic of Poland, in particular when the service may be accessed in Polish or is advertised in the Republic of Poland. Article 6 In the Telecommunication Law of 16 July 2004 (Journal of Laws No. 171, item 1800, as amended 7 ) the following amendments are made: 5 Amendments to the joint text of the Law referred to were notified in the Journal of Laws of 2002 No. 126, item 1070, No. 141, item 1178, No. 144, item 1208, No. 153, item 1271, No. 169, item 1385 and 1387 and No. 241, item 2074, of 2003 No. 50, item 424, No. 60, item 535, No. 65, item 594, No. 228, item 2260 and No. 229, item 2276, of 2004 No. 64, item 594, No. 68, item 623, No. 91, item 870, No. 96, item 959, No. 12, item 1264, No. 146, item 1546 and No. 173, item 1808, of 2005 No. 83, item 719, No. 85, item 727, No. 167, item 1398 and No. 183, item 1538, of 2006 No. 104, item 708, No. 157, item 1119, No. 190, item 1401 and No. 245, item 1775, of 2007 No. 42, item 272 and No. 112, item 769, of 2008 No. 171, item 1056, No. 192, item 1179, No. 209, item 1315 and No. 231, item 1546, of 2009 No. 18, item 97, No. 42, item 341, No. 65, item 545, No. 71, item 609, No. 127, item 1045, No. 131, item 1075, No. 144, item 1176, No. 165, item 1316, No. 166, item 1317, No. 168, item 1323 and No. 201, item 1540 and of 2010 No. 40, item 226, No. 81, item 530 and No. 126, item 853, No. 182, item 1228 and No. 257, item 1724 and 2011 No. 72, item 388. 6 Amendments to the Law referred to were notified in the Journal of Laws of 2004 No. 96, item 959 and No. 173, item 1808 of 2007, No. 50, item 331, of 2008, No. 171, item 1056 and No. 216, item 1371 and of 2009, No. 201, item 1540 and of 2011 No. 85, item 459. 7 Amendments to the Law referred to were notified in the Journal of Laws of 2004 No. 273, item 2703, of 2005 No. 163, item 1362 and 267, item 2258, of 2006 No. 12, item 66, No. 104, item 708 and 711, No. 170, item 1217, No 220, item 1600, No. 235, item 1700 and 249, item 1834, of 2007 No. 23, item 137, No. 50, item 331 and No. 82, item 556, of 2008 No. 17, item 101 and No. 227, item 1505, of 2009, No. 11, item 59, No. 18, item 97 and No. 85, item 716, of 2010 No. 81, item 530, No. 86, item 554, 11
1) in Article 180a s. 1 point 2 is given the following wording: 2) making available data, referred to in s.1, to authorised entities and to the Customs Service, court and prosecutor, in compliance with the principles and manner defined under separate provisions; ; 2) Article 180d is given the following wording: Article 180d. Telecommunication enterprises must guarantee the conditions of access and recording, and give access to authorised entities and the Customs Service, as well as to court and prosecutor, at own cost, to the data they process, referred to in Article 159 s. 1 point 1 and 3 through 5, under Article 161 and under Article 179 s. 9, in connection with the rendering of telecommunication services, in compliance with and retaining procedures defined under separate provisions. ; 3) in Article 180g s. 1 point 1 is given the following wording: 1) the total number of cases of giving access to data, referred to in Article 180c s. 1, to authorised entities, the Customs Service, court and prosecutor ;. Article 7 In the Customs Service Law of 27 August 2009 (Journal of Laws No. 168, item 1323, as amended 8 ), the following amendments are made: 1) in Article 2 s. 1 in point 6e is given the following wording: e) the surroundings, defined in Article 183 2, 4, 5 and 6, concerning the acts, referred to in Article 183 2, 4 and 5 of the Law of 6 June 1997 Penal Code (Journal of Laws No. 88, item 553, as amended 9 ), hereinafter referred to as the Penal Code, and against the judicial authorities, defined under Article 244 of the Penal Code, concerning failure to comply with the prohibition to enter gaming centres and to participate in gaming, ; 2) in Article 34 in s. 1: a) in point 2 - g is repealed, b) after point 2 the full stop is replaced by a semicolon and point 3 is added which reads as follows: No. 106, item 675, No. 182, item 1228, No. 219, item 1443, No. 229, item 1499 and No. 238, item 1578 and of 2011 No. 102, item 586 and 587. 8 Amendments to the Law referred to were notified in the Journal of Laws of 2009 No. 201, item 1540, of 2010 No. 182, item 1228 and of 2011, No. 63, item 322 and No. 73, item 390. 9 Amendments to the Law referred to were notified in the Journal of Laws of 1997 No. 128, item 840 of 1999 No. 64, item 729 and No. 83, item 931, of 2000 No. 48, item 548, No. 93, item 1027 and No. 116, item 1216, of 2001 No. 98, item 1071, of 2003 No. 111, item 1061, No. 121, item 1142, No. 179, item 1750, No. 199, item 1935 and No. 228, item 2255, of 2004 No. 25, item 219, No. 69, item 626, No. 93, item 889 and No. 243, item 2426, of 2005 No. 86, item 732, No. 90, item 757, No. 132, item 1109, No. 163, item 1363, No. 178, item 1479 and No. 180, item 1493, of 2006 No. 190, item 1409, No. 218, item 1592 and No. 226, item 1648 of 2007 No. 89, item 589, No. 123, item 850, No. 124, item 859 and No. 192, item 1378 of 2008 No. 90, item 560, No. 122, item 782, No. 171, item 1056, No. 173, item 1080 and No. 214, item 1344 of 2009 No. 62, item 504, No. 63, item 533, No. 166, item 1317, No. 168, item 1323, No. 190, item 1474, No. 201, item 1540 and No. 206 item 1589 and of 2010 No. 7, item 46, No. 40, item 227 and 229, No. 98, item 625 and 626, No. 125, item 842, No. 127, item 857 and No. 152, item 1018 and 1021, No. 182, item 1228, No. 225, item 1474 and No. 249, item 1602 and of 2011 No. 17, item 78, No. 24, item 130, No. 39, item 202, No. 48, item 245, No. 72, item 381 and No. 94, item 549. 12
3) operating betting via the Internet on the basis of the Act, referred to in Article 2 s. 1 point 2d, shall guarantee access to the data held on the storage device: a) at the storage location or b) by using Information and Communication Technology (ICT) systems. ; 3) after Article 36 there is Article 36a added which reads as follows: Article 36a. Data made available in the manner, referred to in Article 34 s. 1 point 3 b, is obtained by the Customs Service in the form of written approval of the entity operating betting via the Internet. ; 4) after Article 75c Articles 75d and 75e read as follows: Article 75d. 1. In order to prevent or detect fiscal offences, referred to in Section 9 of the Fiscal Penal Code, data, referred to in Articles 180c and 180d of the Telecommunication Law of 16 July 2004 (Journal of Laws No. 171, item 1800, as amended 10 ), hereinafter referred to as telecommunication data, may be made available to the Customs Service. The Customs Service may process the telecommunication data to which it has been given access. 2. The entity engaged in telecommunication activities gives freeof-charge access to telecommunication data as follows: 1) to a customs officer indicated in a written application of the Head of Customs Service or the director of a customs chamber or to a person authorised by them; 2) on verbal request of a customs officer holding the written authorisation given by persons, referred to in s. 1; 3) via the telecommunication network to the official holding the written authorisation given by persons, referred to in s.1. 3. Under the circumstances, referred to in s. 2 point 3, access is given to telecommunication data without the participation of employees of the entity engaged in telecommunication activities or without their need to be present, if such a possibility is provided for in the agreement concluded between the Head of Customs Service and this entity. 4. Telecommunication data may be made available via the telecommunication network, if: 1) the telecommunications network guarantees: a) the possibility of determining the person obtaining the data, the type of data and when the data was obtained, b) the technical and organisational security render it impossible for an unauthorised person to access the data; 10 Amendments to the Law referred to were notified in the Journal of Laws of 2004 No. 273, item 2703, of 2005 No. 163, item 1362 and 267 item 2258, of 2006 No. 12, item 66, No. 104, item 708 and 711, No. 170, item 1217, No. 220, item 1600, No. 235, item 1700 and 249 item 1834, of 2007 No. 23, item 137, No. 50 item 331 and No. 82, item 556, of 2008 No. 17, item 101 and No. 227, item 1505, of 2009 No. 11, item 59, No. 18, item 97 and No. 85, item 716, of 2010 No. 81, item 530, No. 86, item 554, No. 106, item 675, No. 182, item 1228, No. 219, item 1443, No. 229, item 1499 and No. 238, item 1578 and of 2011 No. 102, item 586 and 587. 13
2) this is justified by the specificity or the scope of tasks performed by the organisational units of the Customs Service or the nature of its activities. 5. Materials obtained as a result of activities taken on the basis of s. 2, which do not contain information of significance for procedure in matters concerning fiscal offences or fiscal petty, are subject to immediate collective and reported destruction. Article 75e. 1. If there is good reason to suspect the committing of an offence, referred to in Article 107 1 of the Fiscal Penal Code, the Customs Service authority may send a written demand to block the bank account or the cooperative credit union account for 72 hours from the moment of receipt of such demand, and at the same time apply for the issue of a decision to secure assets. 2. The blocking of the account collapses if, prior to the expiry of the deadline, referred to in s. 1, the decision to secure assets is not issued. Article 8 1. Entities operating games at casinos and operating cash bingo whose obligation is to keep a guest register or to install an audiovisual system of controlling games on the basis of the Law amended under Article 1, shall adapt their activities to the scope of requirements under: 1) Article 15a of the Law amended under Article 1 within a period of 6 months from the day of entry into force of this Act; 2) Article 15b of the Law amended under Article 1 within a period of 9 months from the day of entry into force of this Act. 2. The provisions of Articles 15a and 15c of the Law amended under Article 1, shall also apply to entities operating gaming machines at gaming machine halls, pursuant to Article 129 s. 1 of the Law amended under Article 1, up to the time that the permit expires. These entities shall start registering guests at gaming machine halls not later than within 6 months from the day of entry into force of this Act. Article 9 1. Entities operating games on gaming machines shall adapt the machines which are operated on the day of entry into force of this Act to the requirements defined under Article 18 s. 3 of the Law amended under Article 1, within a period of 6 months from the day of entry into force of this Act. 2. The provision of Article 18 s. 3 of the Law amended under Article 1, shall also apply to entities operating gaming machines at gaming machine halls and gaming machines with low prizes, pursuant to Article 129 s. 1 of the Law amended under Article 1, up to the time that the permit expires. To gaming machines and gaming machines with low prizes operated by these entities on the day of entry into force of this Act the provisions of s. 1 shall be applied. Article 10 1. Entities operating games on gaming machines shall adapt the machines which are operated on the day of entry into force of this Act to the limitations defined under Article 23s. 1c of the Law 14
amended under Article 1, within a period of 3 months from the day of entry into force of this Act. 2. The provisions of Article 23 s. 1a through 1c of the Law amended under Article 1, shall also apply to gaming machines operated by entities which engage in the operation of gaming machines at gaming machine halls, pursuant to Article 129 s. 1 of the Law amended under Article 1, up to the time that the permit expires. To machines operated by these entities on the day of entry into force of this Act, concerning the limitations defined under Article 23 s. 1c of the Law amended under Article 1, the provision of s. 1 shall be applied. 3. The provisions of Article 23 s. 1b of the Law amended under Article 1, shall also apply to gaming machines with low prizes operated by entities which engage in the operation of gaming machines with low prizes, pursuant to Article 129 s. 1 of the Law amended under Article 1, up to the time that the permit expires. Furthermore, gaming machines with low prizes shall be equipped with a sustainable system for recording and storing data, which permits the level of revenue to be determined and does not impact the course and outcome of the game. Article 11 1. Statements of registration performed on the basis of hitherto provisions with the purpose of releasing for use gaming machines and devices, referred to in Article 23a s. 1 of the Law amended under Article 1, shall retain validity up to the time that they expire or are withdrawn, pursuant to Article 23a s. 6 and s. 7 of the Law amended under Article 1. 2. The provisions of Articles 23a through 23c and Article 23e s. 1 and s. 2 of the Law amended under Article 1 and the provisions issued, pursuant to Article 23d and Article 23e s. 3 of the Law amended under Article 1, shall also apply accordingly to the operation of gaming machines and gaming machines with low prizes by entities engaged in operating gaming machines at gaming machine halls and gaming machines with low prizes, pursuant to Article 129 s. 1 of the Law amended under Article 1, up to the time that the permit expires, in that concerning gaming machines with low prizes, the area of territorial jurisdiction of heads of customs offices is determined according to the location of the gaming machine with low prizes. The provision of s. 1 shall apply appropriately. Article 12 1. Entities which, on the day of entry into force of the Act, are inspection units authorised by the appropriate Minister of Public Finance to issue opinions constituting the grounds for permitting the use of gaming machines and devices, shall be deemed to be inspection units, authorised to perform technical checks of gaming machines and devices, pursuant to Article 23f of the Law amended under Article 1. 2. The entity, referred to in 1, shall submit to the Minister of Public Finance, within a period of 12 months from the day of entry into force of this Act, the document defined under Article 23f s. 2 point 1 of the Law amended under Article 1 and within a period of 3 months from the day of entry into force of this Act, the documents defined under Article 23f s. 2 points 2 through 4 of the Law amended under Article 1. 3. Failure to fulfil the obligations defined under s. 2 shall result in the expiry of the authorisation to perform technical checks on gaming machines and devices. 15
Article 13 The provisions of Article 9c of the Law amended under Article 4, in the wording of this Act, shall also apply accordingly to entities engaged, under Article 129 s. 1 of the Law amended under Article 1, up to the expiry of the permit, in operating gaming machines at gaming machine halls. Article 14 To proceedings which have been initiated but not finished prior to the day of entry into force of the Act, the provisions of the Law amended under Article 1, in the wording of this Act, shall be applied. Article 15 Until the day on which Article 1 s. 16 hereof enters into force, the authority competent for the notification, referred to in Article 7 s. 1a of the Law amended in Article 1, shall be the head of customs office defined in compliance with Article 32 s. 3 and s. 4 of the Law amended in Article 1 in the hitherto binding wording. Article 16 The executory provisions to date issued under Article 15d s. 1, Article 16 point 2 and 3 and Article 22 s. 3 of the Law on Games and Betting of 29 July 1992 (Journal of Laws of 2004 No. 4, item 27, as amended 11 ) shall remain in force by the effective date of the executory provisions issued under Article 15b s. 5, Article 17 s. 6, Article 23d and Article 23e s. 3 of the Law amended under Article 1, but not longer than for the period of 9 months following the effective date hereof. Article 17 Article 14, Article 15b s. 1, s. 2, s. 4, s. 4a and s. 5, Article 15d, Article 16 points 2 and 3, Article 18 s. 1, s. 2, s. 4 and s. 5, Article 22 and Article 23 of the Law on Games and Betting retained in force pursuant to Article 144 of the Law amended under Article 1 shall be repealed. Article 18 The Act comes into force 14 days following the day of publication with the reservation of Article 1 s. 16 which shall enter into force 9 months following the day of the publication. President of the Republic of Poland: B. Komorowski SSPEAKERSS/-/SSSDLKJK 11 Amendments to the Law referred to were notified in the Journal of Laws of 2004 No. 273, item 2703, of 2005 No. 132, item 1111 and No. 178, item 1479, of 2007 No. 50, item 331 and No. 192, item 1380 and of 2009 No. 18, item 97, No. 168, item 1323 and No. 201, item 1540. 16