Brussels, 09/12/2005 (Agence Europe) - In a vote on 22 November on the draft “services” directive, the Parliamentary committee on the internal market excluded the great majority of betting and gaming from the directive's scope of application (see EUROPE 9074). Often a controversial area, betting and gaming remains a closely guarded prize for several Member States which are keen to retain their state monopoly in a sector which is sensitive and can be lucrative. The European Betting Association (EBA) condemns such situations and is appealing for the inclusion of betting in the application of the directive. The association explains in a communication that betting and gaming are not the privilege of the Member States and are considered by the European Court of Justice as subject to the provisions of the Treaty regarding freedom of establishment and to provide services. The Commission must therefore, as guardian of the treaties, “put an end to the violations of these provisions by the Member States”, the EBA argues. Underlining that an internal market for betting and gaming “will not bring chaos”, the association insists that, on the contrary, it will ensure better controls, consumer security and uniform standards of excellence, while at the same time preventing off-shore operators from multiplying. Against this backdrop, the EBA is encouraging the Commission to propose harmonised rules in this area.
The European Gaming and Amusement Federation (Euromat) acknowledges that certain services in the vast sector of betting and gaming cross the borders of Member States, but still thinks that the specific sector of gaming and amusements should be excluded from the scope of application of the directive because, in its view, these are “local” services provided by “small and medium-sized enterprises”. Regulations vary widely between Member States and sometimes even within Member States, and “harmonising the sector would go against the principle of subsidiarity” and would be “both pointless and potentially damaging to the sector”. Euromat therefore thinks that “gaming is a complex sector which requires further reflection”.
The Parliament is due to deal with this issue during the vote at the plenary session at the beginning of 2006.