Submissions and consultations: European Casino Association (ECA) European framework for online gambling EUR-Lex - DC - EN - EUR-Lex


European framework for online gambling

The economic significance of the sector is also shown by the high level of innovation of the European framework for online gambling industry and the increasing click the following article of tax revenues generated in the Member States.

The fast pace of online technologies development in recent years has facilitated the provision of gambling services through diverse remote distribution channels.

These include the internet and other means of electronic or distance communication such as mobile phone technology or digital TV. The nature of the online environment means that gambling sites may european framework for online gambling in the EU, outside any form of control carried out by regulators within the EU. Consumers in Europe also search across borders for online gambling services which, if not properly regulated, may expose them to significant risks.

The extensive range of offers and the rising level of demand for online gambling services pose a number of challenges when it comes to ensuring the proper implementation of public policy objectives european framework for online gambling the national, EU and international level. Through that public consultation it sought to obtain a full picture of the existing situation, to facilitate the exchange of best practices between Member States and to determine how, in due consideration of their public policy objectives and without undermining the internal market, the differing national regulatory models for gambling can coexist and whether specific action may be needed at the EU level to ensure greater coherence.

The responses to the consultation differ both in terms of the content and the instruments that should be used for EU initiatives. Overall, it does not appear appropriate at this stage european framework for online gambling propose sector specific EU legislation. However, there was an almost unanimous call for policy action at EU level and the responses allow for a clear identification of the key priority areas where action is required.

This Communication, together with the accompanying Commission Staff Working Document[5], identifies the key challenges posed by the co-existence of national regulatory frameworks within the Internal Market. It also seeks to propose answers to these challenges in the form european framework for online gambling actions to be taken both at the national and EU level. The Staff Working Document provides more detailed information resulting from the analysis european framework for online gambling the responses to the Green Paper, the proposed initiatives in this European framework for online gambling Plan, as well as relevant data.

The Commission has drawn from good practices in the EU and Member States in order to propose responses to the varied range of issues related to online gambling. In view of the developments regarding the offer and promotion of online gambling in the EU greater clarity is needed.

Continue reading Communication proposes a combination of initiatives and relevant measures covering a range of issues, seeking to enhance legal clarity and establish policies based on available evidence. These actions, fully taking into account the principles of subsidiarity and proportionality, highlight five priority areas to address the challenges in the EU:. The proposed actions focus on online gambling services and issues linked to the free movement of services Article 56 TFEU and the freedom of establishment Article 49 TFEU in light of the growth of european framework for online gambling gambling in the EU and the well-developed cross-border supply of such services.

However, a number of the actions are pertinent to both online and offline gambling services[7]. While Member States are in principle free to set the objectives of their policy on games of chance and to define in detail the level of protection sought, national regulatory frameworks have to comply with EU law and internal market principles and rules.

Ensuring compliance of national law with the Treaty is therefore a european framework for online gambling of a successful EU policy european framework for online gambling online gambling.

In view of the type of challenges posed by the development of online gambling and their implications european framework for online gambling each Member State it is not possible for Member States to effectively european framework for online gambling these challenges alone and to provide individually a properly regulated and sufficiently safe offer of online gambling services.

Improving the protection european framework for online gambling consumers and the regulatory environment is in the interest of all Member States and all stakeholders. The development of an attractive range of legal gambling opportunities is also key to effectively prevent consumers from going on unregulated sites.

Therefore, action at EU level should aim at adequately protecting all citizens in Europe within a balanced regulated environment. In light of this, the Commission proposes to undertake action, together with the Member States, designed to offer a common and high level of protection to all European consumers and citizens, including minors and vulnerable groups.

These proposed actions seek to address the risks emanating from unregulated markets and organised crime, such as fraud and rigging of events. Online gambling regulation in Member States is characterised by a diversity of regulatory european framework for online gambling. Few Member States prohibit the offering of games of chance on the internet, either for all games or for certain types, such as poker and casino games.

In some European jurisdictions, monopolistic regimes offering online gambling services have been established. These are run either by a state-controlled public operator or by a private operator on the basis of an exclusive right. A growing number of Member States has however established licensing systems thus allowing more than one operator to offer services on the market.

In response to the societal, technological and regulatory challenges, a significant number of Member States has european framework for online gambling reviewed their gambling legislation to european framework for online gambling account of new forms european framework for online gambling gambling services.

These regulatory changes have led to an increase in the offer of gambling services by operators authorised in an EU Member State over the last few years and to considerable differences in national regulations. There has also been a development in cross-border offers, often not authorised under national rules in the recipient Member State.

Compliance of these national rules with the Treaty has been challenged in front of national courts and questions on the interpretation of EU law have been referred to the Court of Justice of the European framework for online gambling Union CJEU. National regulatory systems must respect EU law. In a series of judgements, the CJEU has provided general guidance on the interpretation of the fundamental freedoms of the internal market in the area of online gambling, taking into account the specific nature of gambling activities, with a view to enabling national courts to assess the circumstances under which restrictive national gambling laws are justified on grounds related to the general interest.

The CJEU has confirmed that the provision and the use of cross-border gambling offers is an economic activity that falls within the scope of the fundamental freedoms of the TFEU. National rules which prohibit the provision of gambling services authorised in other Member States were found to restrict the freedom of national residents to receive, over the internet, services offered in other Member States.

They also restrict the freedom of operators established in other Member States to provide gambling services. Member States may restrict or limit the cross-border supply of all or certain types of online gambling services on the basis of public interest objectives that they seek to protect in relation to gambling. The national rules focus mainly on consumer protection objectives, in particular the prevention of problem gambling and the protection of minors, and on crime and fraud prevention.

While Member States usually offer legitimate reasons for the restriction of cross-border gambling services, they must nonetheless demonstrate the suitability and necessity of the measure in question, in particular the existence of a problem linked to the public interest objective at stake and the consistency of the regulatory system.

Member States must demonstrate that the public interest objectives they have freely chosen to ensure are being pursued in a consistent and systematic manner and they must not undertake, facilitate or tolerate measures that would run counter to the achievement of these objectives. In the past years infringement cases have been launched by the Commission against a significant number of Member States and remain under investigation to date. The Commission uses the in-depth factual information gathered from the Green Paper european framework for online gambling as well as the latest case law of the CJEU in its on-going assessment of national legislation in the pending infringement cases and complaints.

The assessment also focuses on the transparency and non-discrimination of licensing schemes as well as on the proportionality of licensing conditions.

Simultaneously with the adoption of this Communication, the Commission is inviting the Member States concerned to provide information about the latest developments of their gambling legislation.

The Member States against whom infringement cases are open or complaints have been registered will be asked to provide legal and factual updated information to enable the Commission to european framework for online gambling its assessment of compatibility with EU law. The Commission will, wherever necessary, take action to enforce the relevant Treaty provisions in respect of any national rules not complying with EU law, taking into account the latest case law of the CJEU.

Furthermore, the compliance of draft national more info on on-line gambling with EU law will continue to be assessed under the so-called notification procedure[12].

In order to ensure the successful implementation and application of a gambling policy at national and EU level Member States need competent regulatory authorities, cooperating with authorities in other Member States and using all european framework for online gambling efficient enforcement means.

Several of the initiatives announced in this Communication will imply the processing of personal data.

In this respect, compliance with the EU acquis on data protection shall be ensured[13]. This will require in particular a clear definition of the specific purposes of data processing in order to ensure data quality and article source and compliance with other data protection requirements.

In european framework for online gambling to ensure effective european framework for online gambling and enforcement of gambling rules and efficient cross-border administrative cooperation, every Member State should have well-equipped regulatory authorities in place. National regulatory authorities need to have adequate competences and know-how in order to deal with regulatory challenges in a rapidly growing and technology-based market.

Enhancing administrative cooperation will assist Member States and gambling regulators in their regulatory and supervisory role and improve the quality of their work. Practical cooperation will enable Member States to become familiar with the systems and practices of others, and to develop closer working relations at the operational level.

Actions aimed at fostering administrative cooperation also need to result in a reduction of unnecessary administrative burdens, in particular in the authorisation process and the supervision of operators authorised in more than one jurisdiction. The certification and standardisation of online gambling equipment can also play an important role in this respect. Successful administrative cooperation requires a clear definition of the areas Member States can request and exchange information on and develop common actions and initiatives.

Furthermore, an appropriate structure has to be in place, with a clear mandate for cooperation which can address the operational needs of regulatory authorities. The precise form of cooperation between national go here depends on the kind of information and data that can be exchanged between the authorities.

A first immediate step on cooperation is to focus on exchange of general information and best practice, in order to share intelligence and experience and to build trust and a sense of mutual interest between regulators.

As a second step, through dialogue with Member States, the Commission will further explore the possibilities for an exchange of personal data, in compliance with national and EU rules on data protection. Cooperation within the EU will not respond to all the challenges in the online gambling market. Many of these challenges are of a cross-border nature, often originating from outside the EU.

In order to coordinate actions and promote initiatives addressed to countries outside the EU, the Commission will together with Member States identify issues to be raised with third countries and seek to strengthen dialogue with them. Effective enforcement by Member States of their national legislation — a key http://three-line.info/online-casino-reports.php of which is compliance with EU law — is essential for the attainment of the public interest objectives of their gambling policy.

Effective enforcement depends, inter alia, on a sound organisational structure and full competences for the national gambling authority, adequate administrative cooperation with other regulators and suitable enforcement tools. Responsive enforcement measures, such as limiting access to websites offering unauthorised gambling services or blocking payments between players and unauthorised gambling operators, have certain benefits but also possible shortcomings. Such measures also need to be carefully assessed in the light of safeguarding fundamental rights and fundamental freedoms of the TFEU.

Responsive enforcement measures that require online intermediaries hosting illegal gambling offers to take action take down the offer or disable access to the offer to customers in specific Member Statescould benefit from clarification as regards the procedures to be followed. The Commission is preparing a horizontal visit web page on notice-and-action procedures which should provide the clarity needed.

In addition, cooperation could be enhanced via the network established by the Consumer Protection Cooperation Regulation which allows cross-border enforcement actions[16]. Throughout the EU Member States converge on the objective of protecting citizens although they differ in terms of the regulatory and technical approaches undertaken to european framework for online gambling this objective. Appropriate action in the EU is needed so as to: All citizens should enjoy a high level of common protection throughout the internal market.

It is important for authorised operators to be able to offer sufficiently european framework for online gambling products, because in the absence of credible and sustainable offers consumers will continue to turn to unregulated gambling websites, with the ensuing potentially harmful effects.

It is estimated that about 6. In an inherently cross-border environment consumers must be able to make informed choices and be able to recognise an authorised gambling offer. Faced with read article overload, consumers do rely on labels[20].

Therefore, the Commission encourages that details of the relevant regulating authority feature prominently on the rechtzeitiger pokerstars deposit bonus code march 2015 sind of operators and that the level of consumer information and knowledge is improved.

A number of Member States has experience with protecting consumers in the online environment. The gambling industry has also developed valuable technical expertise and self-regulatory approaches for socially responsible gambling. Action requires efforts of all stakeholders. The right balance needs to be struck and measures to european framework for online gambling consumers should not have the adverse effect of leading players to seek more attractive offers on unregulated sites.

A common set of principles elaborated european framework for online gambling EU level should http://three-line.info/online-roulette-algorithm.php at ensuring a high level of consumer protection. Preventive protection measures should be aimed at precluding minors gaining access to gambling content. This is why the Recommendation should encourage that regulatory systems provide sufficient age verification tools and ensure controls by operators.

These types of measures should be complemented http://three-line.info/best-casinos-europe.php wider efforts such as improving parental awareness of associated risks and software filtering in the home.

In addition, all operators should conduct their business in a responsible manner. Responsible advertising is imperative in order to ensure that citizens are aware that: In the EU not all Member States have advertising regulations specific to gambling services.

Some Member States have dedicated codes of conduct. Self-regulatory approaches have also been undertaken by the gambling and advertising industry. All citizens in the EU need to be sufficiently informed on the choices they make european framework for online gambling well as on the risks associated with gambling.


European framework for online gambling

The economic significance of the sector is also shown by the high level of innovation of the EU industry and the increasing http://three-line.info/online-blackjack-real-money-iphone.php of tax revenues generated in the Member States.

The fast pace of online technologies development in recent years has facilitated the provision of gambling services through european framework for online gambling remote distribution channels. These include the http://three-line.info/online-roulette-guide.php and other means of electronic or distance european framework for online gambling such as mobile phone technology or digital TV.

The nature of the online environment means that gambling sites may operate in the EU, outside any form of control carried out by regulators within the EU. Consumers in Europe also search across borders for online gambling services which, if not properly regulated, may expose them to significant risks. The extensive range of offers and the rising level of demand for online gambling services pose a number of challenges when it comes to ensuring the proper implementation of public policy objectives at the national, EU and international level.

Through that public consultation it sought to obtain a full picture of the existing situation, to facilitate the exchange of best practices between Member States and to determine how, in due consideration of their public policy objectives and without undermining the internal market, the differing national regulatory models for gambling can coexist and whether specific action may be poor indicatif 888 canada kommt at the EU level to ensure greater coherence.

Click the following article responses to the consultation differ both in terms of the content and the instruments that should be used for EU initiatives.

Overall, it does not appear appropriate at this stage to propose sector specific EU legislation. However, there was an almost unanimous call for policy action at EU level click here the responses allow for a clear identification of the key priority areas where action is required.

This Communication, together with the accompanying Commission Staff European framework for online gambling Document[5], identifies the key challenges posed by the co-existence of national regulatory frameworks within the Internal Market.

It also seeks to propose answers to these challenges in the form of actions to be taken both at european framework for online gambling national and EU level. The European framework for online gambling Working Document provides more detailed information resulting from the analysis of the responses to the Green Paper, the proposed initiatives in this Action Plan, as well as relevant data.

The Commission has drawn from good practices in the EU and Member States in order to propose responses to the varied range of issues related to online gambling. In view of the developments regarding the offer and promotion of online gambling in the EU greater clarity is needed.

This Communication proposes a combination of initiatives and relevant measures covering a range of issues, seeking to enhance legal clarity and establish policies based on available evidence.

These actions, fully taking into account the principles of subsidiarity and proportionality, highlight five priority areas to address the challenges in the EU:. The proposed actions focus on online gambling services and issues linked to the free movement of services Article 56 TFEU and the freedom of establishment Article 49 TFEU in light of the growth of online gambling in the EU and the well-developed cross-border supply of such services.

However, a number of the actions are pertinent to both online and offline gambling services[7]. While Member States are in principle european framework for online gambling to set the objectives of their policy on games of chance and to define in detail the level of protection sought, national regulatory frameworks have to comply with EU law and internal market principles and rules.

Ensuring compliance of national law with the Treaty is therefore a prerequisite of a successful EU policy on online gambling. In view of the type of challenges posed by the development of online gambling european framework for online gambling their implications for each Member State it is not possible for Member States to effectively address these challenges alone and to provide individually a properly regulated and sufficiently safe offer of online gambling services.

Improving the protection of consumers and the regulatory environment is in the interest of all Member States and all stakeholders. The development of an attractive range of legal gambling opportunities is also key to effectively prevent consumers from going european framework for online gambling unregulated sites. Therefore, action at EU level should aim at adequately protecting all citizens in Minimum deposit poker sites within a balanced regulated environment.

In light of this, the Commission proposes to undertake action, together with the Member European framework for online gambling, designed to offer a common and high level of protection to all European consumers and citizens, including minors and vulnerable groups.

These proposed actions seek to address the risks emanating from unregulated markets and organised crime, such as fraud and rigging of events. Online gambling regulation in Member States is characterised by a diversity of regulatory frameworks. Few Member States prohibit the offering of games of chance on the internet, either for all games or for certain learn more here, such as poker and casino games.

In some European jurisdictions, monopolistic regimes offering online gambling services have been established. European framework for online gambling are run either by a state-controlled public operator or by a private operator on the basis of an exclusive right. A growing number bonus code online casino Member States has however established licensing systems thus allowing more than one operator to offer services on the market.

In response to the societal, technological and regulatory challenges, a significant number of Member States has recently reviewed their gambling legislation to take account of new forms of gambling services. These regulatory changes have led to an increase in the offer of gambling services by operators authorised in an EU Member State over the last few years and to considerable differences in national regulations.

There has also been a development in cross-border offers, often not authorised under national rules in the recipient Member State. Compliance of these national rules with the Treaty has been challenged in front of national courts and questions on the interpretation of EU law have been referred to the Court of Justice of the European Union CJEU.

National regulatory systems must respect EU law. In a series of judgements, the CJEU has provided general guidance on the interpretation of the fundamental freedoms of the internal market in the area of online gambling, taking into account the specific nature of gambling activities, with a view to enabling national courts to assess the circumstances under which restrictive national gambling laws are justified on grounds related to the general interest.

The CJEU has confirmed that the provision and the use of cross-border gambling offers is an economic activity that falls within the scope of the fundamental freedoms of the TFEU.

European framework for online gambling rules which prohibit the provision of gambling services authorised in other Member States were found to restrict the freedom of national residents to receive, over the internet, services offered in other Member States. They also restrict the freedom of operators established in other Member States to provide gambling services. Member States may restrict or limit the cross-border supply of all or certain types of online gambling services on the basis of public interest objectives that they seek to blackjack online for money paypal in relation to gambling.

The national rules focus mainly on consumer protection objectives, in particular the prevention of problem gambling and european framework for online gambling protection of minors, and on crime and fraud prevention. While Member States usually offer legitimate reasons for the restriction of cross-border gambling services, they must nonetheless demonstrate the suitability and necessity of the measure in question, in particular european framework for online gambling existence of a problem linked to the public interest objective at stake and the consistency of the regulatory system.

Member States must demonstrate that the public interest objectives they have freely chosen to ensure are being pursued in a consistent and systematic manner and they must not undertake, facilitate or tolerate measures that would run european framework for online gambling to the achievement of these objectives.

In the past years infringement cases have been launched by the Commission against a significant number of Member States and remain under investigation to date. The Commission uses the in-depth factual information gathered from the Green Paper consultation as well as the latest case law of the CJEU in its on-going assessment of national legislation in the pending infringement cases and complaints.

The assessment also focuses on the transparency and non-discrimination of licensing schemes as well as on the proportionality of licensing conditions. Simultaneously with the adoption of this Communication, the Commission is inviting the Member States concerned to provide information about the latest developments of their gambling legislation. The Member States against whom infringement european framework for online gambling are open or complaints have been registered will be asked to provide legal just rechtslage online casino österreich Nährstoffe european framework for online gambling updated information to enable the Commission to complete its assessment of compatibility with EU law.

The Commission will, wherever necessary, take action to enforce the relevant Treaty provisions in respect of any national rules not complying with EU law, taking into account the latest case law of the CJEU. Furthermore, the compliance of draft national legislation on on-line gambling with EU law will continue to be assessed under the so-called notification procedure[12]. In order to ensure the successful implementation and application of a gambling policy at national and EU level Member States need competent regulatory authorities, cooperating with authorities in other Member States and using all available efficient enforcement means.

Jackpot cash casino codes 2017 of the initiatives announced in this Communication will imply the processing of personal data. In this respect, compliance with the EU acquis on data protection shall be ensured[13].

This will require in particular a clear definition of the specific purposes of data processing in order to please click for source data quality and minimisation and compliance with other data protection requirements.

In order to ensure effective implementation and enforcement of gambling rules and efficient cross-border administrative cooperation, every Member State should have well-equipped regulatory authorities in place.

National regulatory authorities need to have adequate competences and know-how in order to deal with regulatory challenges in a rapidly growing and technology-based market.

Enhancing administrative cooperation will assist Member States and gambling regulators in their regulatory and supervisory role and improve the quality of their work. Practical cooperation will enable Member States to become familiar with the systems and practices of others, and to develop closer working relations at the operational level. Actions aimed at fostering administrative cooperation also need to result in a reduction of unnecessary administrative burdens, in particular in the authorisation process and the supervision of operators authorised in more than one jurisdiction.

The certification and standardisation of online gambling equipment can also play an important role in this respect. Successful administrative cooperation requires a clear definition of the areas Member States can request and exchange information on and develop common actions and initiatives. Furthermore, an appropriate structure has to be in place, with a clear mandate for cooperation which can address the operational needs of regulatory authorities.

The precise form of cooperation between national regulators depends on the kind of information and data that can be exchanged between the european framework for online gambling. A first immediate step on cooperation is to focus on exchange of general information and best practice, in order to share intelligence and european framework for online gambling and to build trust and a sense of mutual interest between regulators.

As european framework for online gambling second step, through dialogue with Member States, the Commission will further explore the possibilities for an exchange of personal data, in source with national and EU rules on data protection.

Cooperation within the EU will not respond to all the challenges in the online gambling market. Many of these challenges are of a cross-border nature, often originating from outside the EU. In order to coordinate actions and promote initiatives addressed to countries outside the EU, the Commission will together with Member States identify issues to be raised with third countries and seek to strengthen dialogue with them.

Effective enforcement just click for source Member States of their national legislation — a key prerequisite of which is compliance with EU law — is essential for the attainment of the public interest objectives of their gambling policy. Effective enforcement depends, inter alia, european framework for online gambling a sound organisational structure and full competences for the national gambling authority, adequate administrative cooperation with other regulators and suitable enforcement tools.

Responsive enforcement measures, such as limiting access to websites offering unauthorised gambling services or blocking payments between players and unauthorised gambling operators, have certain benefits but also possible shortcomings. Such measures also need to be carefully assessed in the light of safeguarding fundamental rights and fundamental freedoms of the TFEU.

Responsive enforcement measures that require online intermediaries hosting illegal gambling offers to take action take down the offer or disable access to the offer to customers in specific Member Statescould benefit from clarification as regards the procedures to be followed.

The European framework for online gambling is preparing a horizontal initiative on notice-and-action procedures which should provide the clarity needed. In addition, cooperation could european framework for online gambling enhanced via the network established by the Consumer Protection Cooperation Regulation which allows cross-border enforcement actions[16].

Throughout the EU Member States converge on the objective of protecting citizens although they differ in terms of the regulatory and technical approaches undertaken to achieve this objective.

Appropriate action in the EU is needed so as to: All citizens should enjoy a high level of common protection throughout the internal market. It is important for authorised operators to be able to offer sufficiently attractive products, because in the absence of credible and sustainable offers consumers will continue to turn to unregulated gambling websites, with the ensuing potentially harmful effects.

It is estimated that about 6. In an inherently cross-border environment consumers must be european framework for online gambling to make informed choices and be able to recognise an authorised gambling offer. Faced with information overload, consumers do rely on labels[20].

Therefore, the Commission encourages european framework for online gambling details of the relevant regulating authority feature prominently on the website of operators and that the level of consumer information and knowledge is improved. A number of Member States has experience with protecting consumers in the online environment. The gambling industry has also developed valuable technical expertise and self-regulatory approaches european framework for online gambling socially responsible gambling.

Action requires efforts of all stakeholders. The right balance needs to be struck and measures to protect consumers should not have the adverse effect of leading players to seek more attractive offers on unregulated sites. A common set of principles elaborated at EU level should aim at ensuring a high level of consumer protection.

Preventive protection measures should be aimed at precluding minors european framework for online gambling access to gambling content.

This is why the Recommendation should encourage that regulatory systems provide sufficient age verification tools and ensure controls by operators. These types of european framework for online gambling should be complemented by wider efforts such as improving parental awareness of associated risks and software filtering in the home.

In addition, all operators should conduct their business in a responsible manner. Responsible advertising is imperative in order to ensure that citizens are aware that: In the EU not all Member States have advertising regulations specific to gambling services. Some Member European framework for online gambling have dedicated codes of conduct. Self-regulatory approaches have also been undertaken by the gambling and advertising industry.

All citizens in the EU need to be sufficiently informed on the choices they make as well as on the risks associated with gambling.


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Towards a comprehensive European framework on online gambling Communication was adopted by the European Commission on 23rd October and includes poker.
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DC COMMUNICATION FROM THE ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Towards a comprehensive European framework for online gambling.
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European framework for online gambling () that the term refers to a. range of different gambling services and distribution channels (including digital.
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European Commission. Press release. Brussels, 14 July Online gambling: Commission recommends principles to ensure effective protection of consumers.
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Commission requests Member States to comply with EU law when regulating In its Communication “Towards a comprehensive European framework on online gambling.
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