The Customs and Monopolies Agency has published the standards for determining and applying the conventional penalties provided for in the concession for the collection of games through entertainment machines.
The Customs and Monopolies Agency, with Directorial Determination published on its website the last March 17th, has set the criteria for establishing and applying the conventional penalties provided for in the concession for the collection of games through entertainment machines referred to in Article 1, paragraph 78, letter b), point 23, Law no. 220/2010, as well as on the basis of the Agreement Act for the concession relationship concerning the creation and management of the network for the telematic management of lawful gaming through the amusement machines provided for by article 110, paragraph 6, of the Text Sole of the laws of Public Safety, of which to the RD 18 June 1931, n. 773 and subsequent amendments and additions. Basically, as established in the determination, for all the penalties referred to in Annex 2 of the concession agreement for the management of the telematic network of devices with cash prizes, the following criteria are applied for the identification and quantification of the concrete penalty: a) application in all cases of non-fulfillment of the minimum amount of the penalty; b) application of a portion of the penalty, equal to 30% of the difference between the maximum and the minimum legal penalty, depending on the severity of the non-fulfillment which increases, linearly, with the progress of the concession; c) application of a portion of the penalty, equal to 70% of the difference between the maximum and the minimum legal penalty, by way of recidivism, assessed on an annual basis which progressively increases every two years in a linear manner; d) in the event of an extension of the Concession, the values of the penalties applicable to the last year of the concession also apply to any subsequent years. ADM, as specified in the provision, deemed it "necessary to adopt predefined calculation criteria for the purpose of determining the concrete amounts to be attributed to the different penalties, identifying in each penalty a fixed component linked to the non-compliance and two variable components, linked to the severity and recidivism of the conduct, which worsen with the advancement of the conventional cycle, due to the greater negligence and inexperience evident in not having implemented organizational and managerial measures capable of preventing or avoiding the event or its recurrence" in consideration, the same Agency continues, of the fact that "these criteria make it possible to mitigate (in particular in the initial phase of the management period) possible distorting effects of equal treatment in the assessment of the breaches put in place by those Concessionaires who, having begun to operate with the agreement of 2013, they had to create a complex arc infrastructural reading without being able to take advantage of the expertise gained over the years, nor of proven management and monitoring tools". Here is the link of the A.D.M. to view the aforementioned provision in full version. https://www.adm.gov.it/portale/documents/20182/6253556/Determinazione+direttoriale+penali+firmata+e+protocollata.pdf/b28dc9f2-b30d-46fd-bfb9-e4d66b25656f