The European Betting Association and the Remote Gambling Association welcomed the final publication by the European Commission on October 12 of the Study of Gambling Services in the Internal Market of the European Union commissioned in November 2004 to the Swiss Institute of Comparative Law.
This Study sheds significant light on the gambling market of the EU. It reveals its fragmented nature, the inconsistency of the monopoly restrictions with the EU Treaty and the growth potential of this industry whether in the EU or overseas.
Expansion in the EU provides the opportunity for regulations and supervision of all EU operators, high product quality assurance, increased tax returns and consumer protection. On the other hand, if the industry is driven out of the EU, it may lead to the offer of dubious gambling products in an uncontrolled manner by operators who are outside the scope of EU regulation. This is an outcome that the members of EBA and RGA wish to avoid.
The Study also outlines in the most authoritative manner the current legal chaos prevailing in various EU Member States with legal restrictions and state monopolies, which often do not adhere to the criteria established by the settled ECJ case law. Moreover, in many cases Member States do not provide data or statistics justifying the restrictions in place or proving their proportionality.
“The European Commission has already initiated infringement proceedings to examine these restrictions” commented Didier Dewyn, Secretary General of EBA. “Although the findings of this Study which confirm what we have witnessed and suffered in our daily business for years by these restrictions, the European Commission has yet to announce any next steps based on this Study”.
EBA and RGA have consistently called on the EU to ensure that there is a level playing field for EU-based private operators to compete alongside state-owned entities or state-sponsored monopolies and that for all forms of gambling there are appropriate levels of consumer protection and measures to minimise any potentially negative effects of gambling.
“These goals can be achieved at either Member State or EU level, but there must be a proper debate and not one determined by misinformation or by those with a vested interest in maintaining the status quo,” stated Clive Hawkswood, Chief Executive of the RGA. “Now that it has this Study, the European Commission can lead that debate. Both we and the EBA would be more than willing to sit down with the Commission and stakeholders from any Member State with a view to addressing all of the issues of apparent concern”.
The Study is available at http://ec.europa.eu/internal_market/services/gambling_en.htm
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