The press release from the European Commission on Wednesday detailed the conference speech ‘How to Regulate Betting and Gambling in Europe – Track record and future perspectives’ given in Brussels by Michael Barnier, Member of the European Commission responsible for Internal Market and Services Online Betting and Gambling in Europe. The Commission wants to help the Member States to effectively regulate online gaming, in line with their own national traditions but also in compliance with the Treaty.
Mr Barnier is to propose to the Commission in the autumn that it adopts a plan of action to effectively regulate and supervise online betting and gambling in order to protect consumers and all citizens because no Member State can deal alone with all the risks associated with the activity. He outlines the need for a more effective clampdown on illegal websites, often hosted in offshore havens; developing, where possible, a legal alternative attractive enough to undermine clandestine operations; and introducing support measures to prevent undesirable drift stemming from uncontrolled development of online gambling.
According to Mr Barnier, three main elements should be included in any future action with the aim of protecting the almost 7 million Europeans who gamble online:
a) To develop a set of basic guarantees applicable throughout Europe so that all citizens are protected wherever they are and playing on whichever legal site
b) To protect minors by ensuring technical filtering develops in the right direction, in particular with regards to age verification tools, and that risk awareness is raised among parents and minors
c) To regulate advertising with clear rules, including visible warnings on underage access and financial, social and health risks. Also to supplement general rules on banning aggressive or misleading advertising with specific rules on online gambling.
d) To develop common definitions and better evaluation of the nature and scale of risks and additionally to develop an effective anti-gambling policy based on reality.
The second element of the proposals is the prevention of fraud and greater clarity in the application of the Money-Laundering Directive to betting and gambling. Identity theft must also be tackled and the security of online gambling must be guaranteed.
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The third element deals with the integrity of sport, particularly the integrity of competitions. Minimum rules must be considered on conflict of interest, perhaps with a ban on certain types of gambling or the creation of more rigorous control systems. Consideration must be given to defining match fixing at European level and to make it a criminal offence – a difficult matter to implement.
The objectives of the plan of action should be to involve all the Member States and develop administrative cooperation. Secondly, the development of an attractive range of legal gambling opportunities where this is allowed should be encouraged. Thirdly, it is essential that the European rules be respected.
Mr Barnier commented: The European Parliament has rightly called on the Commission to continue to investigate situations of non-compliance with the Treaty or the case law of the Court of Justice, which has provided valuable guidelines. I will therefore ask my department to contact all the Member States concerned by ongoing cases or complaints in order to remind them of the applicable rules and suggest that any problematic situations are rectified in line with current case law. If blatant infringements persist, I will not hesitate to propose to my colleagues that the appropriate proceedings be taken or relaunched. The development of a more proactive policy to support the Member States must be matched by a firm determination on the part of the Commission to enforce common rules once they have been clearly established.”
In conclusion Mr Barnier added: We will work with the European Parliament, all the Member States and all the stakeholders to ensure the rapid application and effective monitoring of the European rules we decide to lay down.” He asked conference attendees to continue to submit their comments and suggestions. (E-06.29.12)
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