Copia de Today's draws Friday, June 12: ONCE, Bonoloto, Euromillions, Eurojackpot and Cuponazo schedules

Brief answer

For Congress to approve a law on the regulation of lottery draws, the initiative (Government bill or private member's bill) must first be admitted for processing by the Bureau of Congress and subjected to a totality debate in the Plenary. Once this phase is passed, the text goes to a working group and then to the competent committee, where it is studied in detail and partial amendments are voted on, resulting in a report. This report is sent back to the Plenary, where pending amendments can be defended and the entire text is voted on; if approved, it is sent to the Senate. This entire process can be done through the ordinary procedure or, if agreed, by an urgent procedure, which shortens deadlines and may simplify some phases.

1. Initiation and admission for processing

The regulation of lottery draws would be articulated through a legislative initiative, which can be: a bill presented by the Government, or a private member's bill registered by deputies, parliamentary groups or other legitimized subjects. Once registered, the Bureau of the Congress of Deputies reviews that the initiative meets the formal requirements (competence, form, basic motivation, etc.) and decides its admission for processing. Without this admission, the law does not enter the parliamentary debate phase and the procedure stops.

2. Totality debate in the Plenary

Once the initiative is admitted, it is subjected to a totality debate in the Plenary of Congress. In this phase, parliamentary groups can present totality amendments, which usually propose: the return of the text to the Government (in the case of bills) or its complete rejection. The Plenary holds a general political debate on the opportunity to regulate lottery draws, the orientation of the norm, and its basic principles. If a totality amendment for return or rejection is approved, the processing ends; if the text passes the totality debate, its parliamentary journey continues.

3. Work in the working group

After passing the totality debate, the initiative is sent to the competent committee, which appoints a working group. The working group is a small group of deputies from different parliamentary groups, who examine the text article by article. In this phase, the partial amendments presented by the groups are studied and possible compromises are negotiated. The result of the working group's work is reflected in a report, which already incorporates the agreed modifications to the initial text.

4. Parliamentary committee and report

The working group's report goes to the corresponding parliamentary committee, which opens a broader debate within the committee itself. There, the partial amendments still maintained by each group and possible compromise amendments are discussed and voted on again. After this debate and vote, the committee approves a report, which is the resulting articulated text from: the incorporation of accepted amendments and the rejection of discarded ones. This report already reflects the majority position of the committee on the specific content of the future law regulating lottery draws.

5. Final debate and vote in the Plenary

The committee's report is submitted to the Plenary of Congress for its definitive debate. At this moment, groups can defend the so-called “live amendments”, that is, those partial amendments that were not accepted in committee and that they still wish to submit to the Plenary's consideration. A new debate takes place, more focused on articles and specific aspects of the regulation (authorization regime, control, sanctions, etc.), although the procedure is the same regardless of content. After voting on those live amendments, the Plenary proceeds to the vote on the entire text. If it obtains the required majority, Congress approves the bill or private member's bill.

6. Urgent procedure

Depending on the political priority given to the regulation of lottery draws, the Government or Congress itself may agree on processing by urgent procedure. This procedure does not alter the structural phases (admission, totality, working group, committee, Plenary), but shortens deadlines to register amendments, hold working group and committee meetings, and schedule debates in Plenary. In some cases, the working group phase may even be omitted, with the committee directly assuming the detailed study of the text, which significantly speeds up approval.

7. Referral to the Senate

Once the Plenary of Congress approves the text, the law on lottery draws is considered approved in first reading and is referred to the Senate. From that moment, a new phase opens in the Upper House, where the Senate can approve the text, introduce amendments, or propose a veto. Any veto or amendments must then be known and, if applicable, ratified or rejected by Congress, but that is a later stage of the procedure, once all internal procedures of the Lower House have been completed.

Brief answer

ONCE is a public law corporation of a social nature to which the State has reserved, along with SELAE, the exploitation of state-level lotteries, but this reservation is strongly conditioned by authorizations, limits, and public controls. The Royal Decree 358/1991 recognizes its capacity for self-organization and empowers it to manage and design the coupon, instant lottery, and other authorized games, always within the margins set by the Government. The Law 13/2011, on game regulation, maintains the exclusive reservation of state lotteries in favor of SELAE and ONCE and subjects their activities to strict regulatory control (National Gaming Commission/Directorate General for the Regulation of Gambling). In practice, the Council of Ministers defines the “framework” (modalities, sales limits, prizes, and prices) and ONCE exercises operational and commercial management within that framework, under the supervision of the Protectorate Council.

Legal nature of ONCE and State supervision

The Royal Decree 358/1991, of March 15, which reorganizes the National Organization of Spanish Blind People (BOE 21.3.1991) configures ONCE as a “Public Law Corporation of a social nature, with its own legal personality and full capacity to act and self-organize”, which operates throughout Spanish territory for the autonomy and integration of blind people and those with severe visual impairment, under the State's protectorate. Its economic and business activity is governed by the principles of solidarity, non-profit, and general interest and is financed, among other means, through a set of public authorizations in gaming matters, whose proceeds are destined to its social purposes.

The protectorate is exercised through the ONCE Protectorate Council, an interministerial collegiate body attached to the ministry responsible for social matters. This Council integrates various departments of the General State Administration and is responsible for supervising ONCE's economic and social activity, informing its proposals in gaming matters, verifying compliance with limits, and channeling the monitoring of the General Agreement between the Government of the Nation and ONCE, which periodically specifies the framework of authorized games and control commitments.

General framework of state gaming and ONCE's singular position

The Law 13/2011, of May 27, on game regulation, organizes state-level games and those developed by entities designated for reserved activities. Its Preamble (section III) declares it necessary to maintain the exclusive reservation of state-level lottery gaming activity in favor of the State Society for Lotteries and State Betting (SELAE) and ONCE, as operators that exploited these lotteries in a controlled manner, and refers to its additional provisions to specify ONCE's legal singularity.

The Law defines “game” as any activity in which money is risked on a future and uncertain result dependent on chance, and “lotteries” as activities in which prizes are awarded when a number or combination on the ticket or electronic support matches the result of a draw or event, including instant or pre-drawn ones. These definitions fit ONCE's products: traditional coupon, active games, and state-level instant lottery.

State competencies of authorization and control

According to Royal Decree 358/1991, ONCE, as a public law corporation subject to strict control, is subject to a specific authorization regime in gaming matters. It corresponds to the Council of Ministers to grant authorizations related to the draw regime of the coupon for the blind and any other game modality defined in the General Government–ONCE Agreement. The Council of Ministers' agreement, proposed by the ministry responsible for the Protectorate and in agreement with Finance and Interior, defines terms, scope, duration, and maximum limits of each authorization, after a report from the Protectorate Council and hearing the ONCE General Council.

The National Gaming Commission (whose functions are currently exercised by the Directorate General for the Regulation of Gambling) has, under Law 13/2011, competencies to mandatorily inform the authorization of reserved lottery activities, issue general instructions to operators, set technical and functional requirements, and monitor, control, inspect, and sanction gaming activities, especially reserved ones. It also controls compliance with regulations on prevention of money laundering, fraud, gaming advertising, and protection of minors, also applicable to ONCE as a reserved operator.

ONCE's own competencies in design, management, and commercialization

Within the limits set by the State, RD 358/1991 grants the ONCE General Council the power to make all necessary decisions regarding the draw regime of the coupon and other authorized modalities for organizational, economic, or commercial reasons. Thus, ONCE can determine the specific structure of its draws (frequency, configuration of series and combinations), the design of tickets or shares, the organization of its sales network, and the commercial strategy of the products, always without exceeding the annual issuance and sales caps, maximum prize percentages, prices, and other parameters set by the Council of Ministers' authorizing agreement.

RD 358/1991 expressly states that ONCE's resources include the profits from the exclusive exploitation of the state concession of the coupon for the blind and the commercialization of other authorized games; and enables ONCE to exploit a state-level instant or pre-drawn lottery under the terms of specific authorizing royal decrees. Likewise, it allows the General Council to enter into agreements with other gaming operators to simultaneously market common lottery products in several countries, always within already authorized modalities, with risk participation and under prior verification by the Protectorate Council and, in certain cases, specific authorization from the Council of Ministers.

Limits and duties of collaboration with the State

Therefore, ONCE cannot create or exploit new state-level game modalities on its own nor exceed the authorized quantitative limits; any substantive modification requires a new decision by the Council of Ministers. Additionally, RD 358/1991 obliges ONCE, in the exploitation and commercialization of its games, to cooperate with the State to eradicate illegal gaming, protect the State against fraud, and avoid harmful effects on consumers, integrating responsible gaming measures, prohibiting access to minors, and strictly complying with anti-money laundering regulations. Thus, its competencies in management and organization of draws are inserted in a public policy of gaming regulation whose ultimate decision center remains the State.

Brief answer

The expiration and collection of prizes from state-level lotteries and bets in Spain are mainly regulated by the Law 13/2011, on game regulation, by specific historical rules of State Lotteries and Betting (SELAE), such as Royal Decree 1136/1979 (3-month term for National Lottery and other SELAE games), and by the special regulations of ONCE, which generally sets a term of 30 calendar days. The basic taxation of prizes (exemption and special 20% levy) is contained in Law 35/2006 on Personal Income Tax and Law 16/2012. Expired prizes revert, in the case of SELAE, to the Public Treasury via the state society's profits, and in the case of ONCE, to the financing of its social purposes.

1. General framework of state-level gaming

The basic regulation that organizes state-level games (including SELAE, ONCE, and private licensed online operators) is Law 13/2011, of May 27, on game regulation. This law:

- Reserves state-level lotteries to SELAE and ONCE, through its additional provisions.
- Establishes the framework of authorization, control, and supervision of all game modalities, which conditions the way prizes are paid and the traceability of collections.
- Regulates the Gaming Activities Tax and other fees (Title VI), which affect operators, not directly the winner.

As antecedents, the Royal Decree-law 16/1977, of February 25, and Royal Decree 444/1977, of March 11, which decriminalized and administratively organized games of chance, remain partially in force, although many aspects have been superseded by Law 13/2011 and specific SELAE and ONCE regulations.

2. SELAE: expiration terms, collection, and expired prizes

2.1. Expiration term

For State Lotteries and Betting, the classic reference is Royal Decree 1136/1979, of April 20, which modifies the expiration term for prize payment. Its article 1 expressly states:

“The expiration term for the right to claim prizes from the National Lottery is reduced to three months.”

This three-month term from the day after the draw has been extended, through the particular rules of each game, to the rest of SELAE products (National Lottery, La Primitiva, Bonoloto, Euromillions, El Gordo de la Primitiva, Quiniela, Quinigol, etc.). Legally, it is an expiration term: once elapsed, the right to claim is extinguished without possibility of interruption.

2.2. Form of collection

Royal Decree 1012/1981, of May 22, on indistinct prize collection in Lottery Administrations, regulates the distribution of payment among administrations and other payers. From this RD and SELAE's internal regulations:

- Smaller prizes (up to the operational threshold set by SELAE, currently practically €2,000) can be collected in any Lottery Administration in cash.
- Larger prizes are collected through collaborating financial entities or SELAE central services, with identification of the holder and payment into an account or other banking means.
- In all cases, the 3-month term set by RD 1136/1979 and the particular rules of each game apply.

2.3. Destination of unclaimed prizes

Although RD 1136/1979 does not specify the destination, the current regime is that prizes not claimed within the term are integrated as extraordinary income of SELAE. These incomes form part of its profits, which are transferred to the Public Treasury through dividends and contributions included in the General State Budgets.

3. ONCE: specific regulations and expiration

ONCE is essentially governed by Royal Decree 358/1991, of March 15, reorganizing ONCE, and by Council of Ministers agreements approving its game rules. Law 13/2011, in its additional provisions, recognizes its singularity and reserves certain state-level lotteries for it.

In the rules of its products (Daily Coupon, Cuponazo, etc.) a 30 calendar day expiration term is generally established from the day after the draw. It is also an expiration term: if not collected within that period, the right is extinguished.

The form of collection depends on the amount:

- Smaller prizes: paid in cash at the point of sale or authorized seller.
- Significant prizes: paid at ONCE paying centers or through affiliated financial entities, with corresponding identification and banking means.

Expired prizes are incorporated into the operating results of ONCE's gaming, which are legally allocated to financing its social programs for people with disabilities, under state supervision.

4. Basic taxation of prizes

Prize taxation is not regulated in the Gaming Law, but in Law 35/2006, on Personal Income Tax, and in Law 16/2012, of December 27, which create the special levy on certain lottery and betting prizes. This levy applies to prizes from SELAE, ONCE, Red Cross, and analogous EU/EEA bodies.

The basic scheme is:

- An exempt amount per winning ticket, fraction, or bet (which budget laws have gradually increased to around €40,000 in recent periods).
- On the part of the prize exceeding that threshold, a fixed 20% rate applies.
- The withholding is made at source by SELAE, ONCE, or the paying financial entity, so the taxpayer receives the net prize; this levy is generally a final tax.

Other state-level games operated online under license under Law 13/2011, but which are not reserved lotteries, are taxed under ordinary Personal Income Tax (capital gains or other income), and their collection terms are determined in the conditions of each operator authorized by the Directorate General for the Regulation of Gambling.