The future of online gambling in the EU: The European Lotteries perspective Friedrich Stickler President, The European Lotteries
KEY Issues @ stake A Sound and Sustainable Gambling Policy for the Benefit of Society is an application, starting at the Member State level of the principles of precauti precaution on, solidarit solidarity, integrit y, integrity y and subsidiarit subsidiarity A Sound and Sustainable Gambling policy needs EU action to contribute to a strong fight fight against illegal ope against illegal operators ators: the best way to protect consum the best way to protect consumers in an online wo ers in an online world with rld with cross-bo oss-borde rder illegal offe illegal offerings rings
A Sound and Sustainable Gambling Policy for the Benefit of Society starts with Member States action: National gambling regulatory systems have been set up in line with societal and historical specific features to best protect consumers: – gambling activity is potentially very harmful for consumers – attractive for criminal purposes –Member States cannot “rely on checks done by the authorities of another Member State using regulatory systems outside its control” (CJEU 2011 ‘Dickinger’ ruling ) Member States’ primary competence in the field of gambling has been clearly recognised by: -The EP (Resolution 15 November 2011) -The CJEU -The Council (Conclusions 10 December 2010)
Illegal operators are a threat to consumers •The ease at which illegal gambling offerings are provided online, across borders, is a new threat to consumer protection •The objective of protecting European consumers is first and foremost met through efficient law enforcement measures efficient law enforcement measures against harmful and illegal gambling offe harmful and illegal gambling offerings rings •Both the European Parliament (Resolution November 2011) and the EESC (26 October 2011) have called for strong enforcement against the growing supply of illegal gambling
What actions for an efficient consumer protection? The national gambling regulatory systems have been set up to best protect consumers from gambling addiction, fraud and money gambling addiction, fraud and money laundering laundering AND Illegal operators do not respect the safety requirements set up by national legislations Needed actions Needed actions: IP/DNS blocking mechanisms Defining payment solutions and blocking measures for transactions Banning illegal advertising Setting up of black lists and white lists Extension of AMLD scope to all forms of gambling Coordination between the National Regulatory Authorities
EL’s reaction to the Commission Action Plan •Lack of ambition to propose stronger enforcement •No recognition of the specific role of lotteries (contributing more than 25 billion in Europe) •Welcome the new path opened in the fight against match- fixing •Applaud further steps announced to fight money-laundering •Take note that the Commission is not proposing a direct sectoral legislative measure in the field – in line with CJEU jurisprudence and EP position •Confident that announced dialogue with MS will provide Commission with guarantees that MS regulatory systems are in line with EU Treaty principles
EL’s expectations for next steps Essential follow-up to the C Essentia l follow-up to the Commission Action Plan: mmission Action Plan: = Efficient law enforcement measures = Strong response by Member States to public order issues: -administrative coordination -exchange of information We call on EU institutions to contribute to a strong protection of strong protection of consum nsumers ag ers against nst the il the illeg legal of offering fering : = Setting up of black lists and white lists = Action against illegal advertising = Support for IP/DNS blocking mechanisms = Defining payment solutions and blocking measures for transactions
Thank You Thank You
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