Brussels, 02/03/2009 (Agence Europe) - After the vote of the committee on the internal market of the European Parliament on the draft own-initiative report by Christel Schaldemose (PES, Denmark) on the integrity of online gambling (see EUROPE 9840), the UK Conservative member Malcolm Harbour has tabled a proposed specific alternative resolution, co-signed by his compatriot Christopher Heaton-Harris. This proposal suggests drafting a European code of conduct laying down strict standards as well as penalties. It will be put to the vote of the MEPs on Wednesday 11 March during its forthcoming plenary session, just before the vote on the "Schaldemose" report. As the chances of gaining a majority on this counter-report are exceedingly slim, it is mainly a question for Mr Harbour of putting across a different political message on this particularly sensitive dossier.
The draft report presented by the Parliamentary committee on the internal market, which was voted on in early February, takes the position that online gambling should remain under national competence. It would be up to the member states to regulate an exceedingly fast-growing sector of activity. At European level, studies or proposals may help to find common solutions to the problems of fraud, the integrity of sporting competitions or protecting the vulnerable. It has been explained by a source close to Malcolm Harbour's entourage that the MEP shares the same objectives of protection from the risks which may arise from communication technologies in the field of gambling. What is different about his report is "the way of going about achieving these objectives": as it has not so far been possible to create a European set of rules, the drafting of codes of conduct would be "a first step" and one which would focus on online gambling. "In the absence of secondary legislation on gambling at European level and given the differing approaches between member states regarding online gambling, a code of conduct would constitute an adequate initial regulatory mechanism, to guarantee the integrity of online gambling", the two British MEPs explain. They take the view that "a code of conduct laying down strict joint standards and including severe and effective penalties in the event that these are not respected, would be a useful instrument in achieving the public and private objectives in an electronic environment" and "could be adapted very quickly to technological developments, changes in consumer behaviour and changes in market structure". The content and details for the implementation of this code of conduct have not been explored more so far solely because at this stage, it is simply a question of getting the very idea of a favourable approach to self-regulation through.
According to the alternative resolution, "strict rules and high standards of integrity will be more efficient than national bans in protecting consumers from addiction, fraud and other dangers" inherent in online gaming. On consumer protection, the alternative proposal stresses the need for more detailed studies into the impact of this activity. It refers to specific regulatory frameworks already in place in certain member states, and ever-changing standards applied by the operators themselves on such matters as self-exclusion, age limits, information about the possible consequences of gambling and ways of getting help. The shortcomings of self-regulation targeting advertising in a number of member states were also mentioned. Lastly, on the fight against fraud, the text acknowledges that the internet can lead to malicious practices, but can also provide tools to help fight them, such as the "identification and tracing of fraudulent activities by means of credit card identification and obligatory registration procedures". (M.B./trans.fl)