Brussels, 25/11/2008 (Agence Europe) - European ministers responsible for competitiveness are to hold, on Monday 1 December, an exchange of views on the legal framework and policies with regard to gambling and betting in force in EU member states. A report on progress made by the French EU Presidency on work launched in July at expert level in Council is used as a basis for discussion, giving an inventory of national regulations and evoking avenues for reflection on common challenges to be raised such as the upsurge in online gaming and betting. According to a report by the French Presidency, a copy of which has been made available to EUROPE, discussions underway could lead in time to scrutiny of how useful public policy tools are, whether legislative or not.
During the summer, the French Presidency had distributed a questionnaire among the national delegations regarding the organisation of the gaming and betting sector in their respective countries (see EUROPE 9771). It observes in its draft progress report that national legislations are heterogeneous resulting in “diversified models, in particular with regard to the types of gambling authorised and the degree of openness of the sector, its regulation and the taxation rules applicable”. Half of the member states (e.g. Germany, Cyprus, Finland, France, Greece, Ireland, Netherlands, Slovakia, etc.) abide by the principle of banning gaming subject to authorisation. Other countries such as the United Kingdom have a regulated and liberalised gambling sector. Casino games, slot machines and betting on non sporting events are the most often subject to restrictions. It should be noted that online gambling is totally prohibited in six member states (Germany, Cyprus, Poland …)
In addition to the differences of approach, the French Presidency notes that there is significant convergence concerning political objectives pursued, whether these concern protection of public order and consumers or the prevention of crime. It also takes the view that “common challenges” such as the exponential rise in online gambling and recent legal developments can provide sufficient food for thought for indepth reflection in Council. While respecting national models, this reflection should, the Presidency states, be on ways to safeguard objectives assigned to gambling policy. The progress report will ask member states whether they believe that, despite the differences, there are sufficient convergences to justify working together, a European source explained. Germany, Finland, Italy, the Netherlands, Portugal and Sweden support the French initiative. Austria, Cyprus and Poland consider it is worthwhile to continue work on this. Malta and the United Kingdom are, on the other hand, hostile to this. What will the future Czech Presidency do? Initially, the Czech delegation wondered how appropriate it would be for member states to study such a dossier given the reforms underway in over half member states. Since then, it has apparently been convinced by France that at least one expert meeting should be convened in order to give Sweden legitimate justification to look at the subject again during the second half of 2009.
On the subject of protection of public order, the French Presidency would be in favour of cooperation between national authorities on the subject of information on authorised operators, control of players and transactions, as well as with sports bodies, concerning the risk of fraud and trickery. Reflection could be engaged on how appropriate it is to extend to operators established in the EU certain obligations foreseen in the third directive (2005/60/EC) on money laundering. When it comes to the protection of social order and consumers, reflection could be on: - prevention of addiction to gambling (limits to the amount of bets, development of a common research programme, information action); - the protection of minors and vulnerable persons (identification of appropriate tools allowing the age of players to be verified and the control of bank cards, a ban on credit gaming, an obligation to propose auto-limitation mechanisms, if not auto-exclusion, of players); - means to ensure reliability of gaming operations and the honesty and honorability of operators (presentation by operators of their charters and codes of conduct); - and the framework, if not limitation, of certain forms of advertising. The French Presidency calls for cooperation that allows better identification of and the fight against illegal gambling (establishment of list of operators authorised or banned). In due course, tax questions could also be evoked in Ecofin Council bodies, the Presidency states, putting forward the hypothesis of taxation on gaming operations on the place where gaming is carried out.
What will the Commission do? Commissioner Charlie McCreevy responsible for the internal market has always said that, further to exclusion of the sector from the services directive, he would not take any specific legislative initiative. Despite the fact that the deadlines are now past, infringement procedures opened against member states remain blocked at the earlier stage, referral to the European Court of Justice. During the work of the Council, the Commission remained silent. It is the view taken by the French Presidency that “active participation” is nonetheless “important” and reflection underway in Council and the European Parliament “calls for indepth consultation and study if not proposals when the time comes” - on condition that the message sent by the two European institutions is clear and coherent. (M.B./transl.jl)