Brussels, 23/10/2012 (Agence Europe) - As promised over a year ago in March 2011 during presentation of its Green Paper, the Commission finally unveiled, on Tuesday 23 October, its European action plan for online gambling and games of chance. The action plan does not provide for any legislative measures but nonetheless aims to clarify the regulatory framework for online gaming in the EU27 and to strengthen the protection of players, and the fight against sports fraud.
To achieve this, the Commission will make several recommendations over the next two years, including on the common protection of consumers and responsible gambling advertising for online gaming and the prevention and fight against match-fixing. On the highly sensitive chapter relating to the regulatory framework of member states, the Commission promised, on Tuesday, that it would step up surveillance of national laws and re-launch suspended infringement proceedings. However, it still does not envisage taking legislation forward on this subject, keeping behind the principle of subsidiarity and member states' margins of manoeuvre to provide a framework for online betting and gaming.
The European action framework, piloted by Internal Market Commissioner Michel Barnier, is based on five top priorities: compliance of regulatory frameworks with European law; improved administrative cooperation and concrete implementation of rules in force; the protection of consumers and citizens, of minors and of vulnerable groups; prevention of fraud and money laundering; and the safeguarding of integrity in sport, including the fight against match-fixing.
On the subject of regulatory framework compliancy, the Commission will send letters to all member states, around 20 in total, setting out its grievances. In any case, the Commission must contact all member states in order to know what they are doing and whether they respect, for example, the principles such as proportionality when they decide to restrict online gambling on their territory, a source explained on Tuesday morning. The Commission will also reactivate proceedings already initiated against several member states but suspended. Currently, five member sates have already reached the assent stage, the Commission states. They are: Finland, Greece, Hungary, Sweden and the Netherlands.
As far as consumer protection is concerned, and the some 6.84 million gamblers estimated to exist in the EU, the Commission will therefore present two recommendations. On responsible advertising, the Commission will ensure that approved service providers of a member state that advertises for online gambling must do so in a socially responsible manner and provide the consumer with essential information, it writes. Member states will be invited to foresee penalties for failure to comply with the rules. On the protection of minors, the recommendation will state that regulatory systems should ensure there are satisfactory mechanisms for verifying a person's age and ensuring controls by service providers. Gaming sites are also encouraged to clearly state on the advertisement that the game of chance or gambling is reserved for persons over the age of 18, the Commission states.
Another recommendation foreseen by the Commission concerns, in 2014, best practice in the field of preventing fixed bets and matches, a recommendation that will call on member states to better regulate conflicts of interest in order, for example, to prevent sports officials or players from gambling. In December, the Commission will also set up a group of experts on online games of chance. (SP/transl.jl)