Online Gambling: Results and Challenges for the Future
Michel Barnier, Commissioner responsible for Internal Market and Services
During my first public appearance in February 2010, a few hours after my official investiture as Commissioner, the first question I was asked in the European Parliament was how I would address the issue of online gambling. Since then, the topic has never left my agenda. With the EU online gambling market growing rapidly, it was clear that its expansion required action to ensure that offers of online gambling services within the EU are sound and well-regulated.
Following calls from the European Parliament and the Member States,the Commission launched an extensive consultation on key policy issues, such as the organisation of online gambling services in Member States, the way in which consumers are protected or how money laundering and fraud is prevented. The goal of the consultation was also to gather views on the merits of a coordinated
EU action and to encourage a debate based on facts.
With more than 250 stakeholders from a wide variety of origins (Member States, industry, internet service and payment providers, sports stakeholders) taking part, the consultation was a success. I noticed that responses from consumerbodies were marginal, yet I would like to see them more involved in the debate because, as in other sectors, consumers should be sufficiently informed about the choices they make. In any case, the replies demonstrated a large interest. They also highlighted the diverse nature of related policy issues. Although responses differed, there was overall agreement that greater coordinated action at EU level was required in a number of areas, such as consumer protection and fraud prevention.
Strongly encouraged by this outcome and the 2011 own-initiative report of the European Parliament, we adopted the Communication on Online Gambling in the Internal Market in 2012, which was well received and is the political platform for our action in this area.
What have we achieved since 2012?
An important outcome of the Communication was that it contributed to change the nature of the public debate at EU level. This was helped by the many gambling reforms at national level, which have given this debate even more relevance and urgency, and also by a move towards a fact-based approach.
The concrete initiatives set out in the Communication are currently being implemented. I would like to mention in particular the recommendations on consumer protection and commercial communication which are being drawn up in close cooperation with Member States’ regulatory experts.
Though every Member State is free to decide how it wants to regulate its market, it is essential that consumers are able to distinguish between regulated and non-regulated gambling websites. I am also convinced that encouraging the development of an attractive range of legal gambling opportunities is the key to effectively channel consumers towards the regulated offer in the EU. In that context, it is important to stress that the development of an attractive, regulated offer and the provision of a high level of consumer protection should be complementary objectives.
I would also like to mention the extension of the scope of the anti-money laundering directive to include all gambling services and the setting up of a new expert group on gambling services. As for the former, the responsibility is now in the hands of the co-legislators. As regards the expert group created in 2012, a number of meetings have been held, with discussions increasingly facilitating the exchange of regulatory experience between Member States.
Furthermore, the Commission has taken stock of national regulatory developments and of whether the Member States’ regulation complies with EU law. Indeed, while Member States are in principle free to set the objectives of their policies on online gambling, ensuring compliance of national law with the Treaty is one of the European Commission’s core responsibilities. In addition, stakeholders have stressed the need for more legal certainty. As a result, in November 2013, the Commission launched infringement
proceedings against online gambling legislation of 6 Member States and issued 2 ‘reasoned opinions’ for failing to comply with EU law.
Where do we go from there?
With just a few months left before the end of my term, I look back at the political and policy developments in the sector with satisfaction. The public debate has changed considerably as a result of the Commission’s initiatives. There is now widespread understanding that cross-border
cooperation is required in this sector, in particular to help provide a high level of consumer protection in the EU.
The Commission initiatives which are being implemented pave the way for continued involvement from the EU to address the challenges facing the sector. In particular, the Commission should continue to act to ensure that EU law is properly adhered to, so as to
ensure legal certainty.
The fight against match-fixing will also, undoubtedly remain a priority. With 2014 set to be a year dominated by global sporting events, this will require a concerted effort. I have been impressed by the many initiatives undertaken at a grass root level to educate professional athletes. The EU Athletes education programme pioneered in 2010 by EGBA and ESSA is a fantastic example, and as a result the Commission has decided to cofund it in the future.
Athletes are the first line of defence against match-fixing and it is therefore a priority that they are educated about the basic rules to protect themselves and their sport. In this respect, several concrete initiatives have been announced in the 2012 Communication.
On a final note, the gambling sector is characterised by a high level of stakeholder involvement. EGBA has made constructive contributions to the debate on gambling, such as the 2011 CEN Workshop Agreement on Responsible Remote Gambling Measures. In particular, EGBA has been involved in moving forward the discussions on how to create a safe and reliable offer for European consumers. I look forward to the continuation of this fruitful cooperation.
Fonte: EGBA
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