7

Article 10(9g) and (9h) of decreto-legge n. 16 — Disposizioni urgenti in materia di semplificazioni tributarie, di efficientamento e potenziamento delle procedure di accertamento (Decree-Law No 16 laying down urgent provisions related to fiscal simplification, improving effectiveness and reinforcing monitoring procedures) of 2 March 2012 (GURI No 52, of 2 March 2012, p. 1), converted into statute, after amendment, by Law No 44 of 26 April 2012 (Ordinary Supplement to GURI No 99, of 28 April 2012) (‘the 2012 Decree-Law’) provides: ‘9g As part of a reform of the legislation relating to public gambling, including that relating to the collection of bets on sporting events, including horse racing, and non-sporting events, the provisions of the present paragraph have the aim of promoting that reorganisation, through an initial alignment of the expiry dates of the licences for the collection of bets in question, while observing the requirement that the national rules on the selection of persons who, on behalf of the State, collect bets on sporting events, including horse racing, and non-sporting events, are adjusted to the principles laid down by the judgment of the Court of Justice of the European Union, on 16 February 2012, in Joined Cases C‑72/10 and C‑77/10. To that end, in view of the impending expiry of a group of licences for the collection of those bets, the Independent Authority for the Administration of State Monopolies shall immediately, and in any event by 31 July 2012 at the latest, initiate a call for tenders for the selection of persons who are to collect such bets with due regard, at the very least, to the following criteria: (a) the possibility of participation for persons already carrying out an activity related to the collection of bets in one of the States of the European Economic Area, as a result of having their legal and operational seat there, on the basis of a valid and effective authorisation issued under the provisions in force in the law of that State and who fulfil the requirements as to reputation, reliability and financial standing specified by the Independent Authority for the Administration of State Monopolies, account being taken of the provisions in this matter referred to in Law No 220 of 13 December 2010, and in Decree-Law No 98 of 6 July 2011, converted, after amendment, into statute by Law No 111 of 15 July 2011; (b) the award of a licence, expiring on 30 June 2016, for the collection, exclusively in a physical network, of bets on sporting events, including horse racing, and non-sporting events, from agencies, up to a maximum of 2000, whose sole activity is the marketing of public gambling products, without restriction as to the minimum distances between those agencies or with respect to other collection points, which are already active, for identical bets; (c) provision, as a price component, for a basic contract value of EUR 11000 for each agency; (d) the conclusion of a licence agreement whose content is consistent with any other principle laid down in the abovementioned judgment of the Court of Justice of the European Union of 16 February 2012 and with the compatible national provisions in force regarding public gambling; (e) the possibility of managing agencies in any municipality or province, without numerical limits on a territorial basis or more favourable conditions by comparison with licensees who are already authorised to collect identical bets or which may, in any event, be favourable to those licensees; (f) the lodging of deposits consistent with the provisions of Article 24 of Decree-Law No 98 of 6 July 2011, converted, after amendment, into statute by Law No 111 of 15 July 2011. 9h The licensees who are to collect bets referred to in paragraph 9g, whose contracts expire on 30 June 2012, shall continue their collection activities until the date of the conclusion of the licence contracts awarded in accordance with the above paragraph. The following paragraphs are repealed: paragraphs 37 and 38 of Article 24 of Decree-Law No 98 of 6 July 2011, converted, after amendment, into statute by Law No 111 of 15 July 2011, subparagraph e of paragraph 287 of Article 1 of Law No 311 of 30 December 2004, and subparagraph e of paragraph 4 of Article 38 of Decree-Law No 223 of 4 July 2006, converted, after amendment, into statute by Law No 248 of 4 August 2006.’