EGBA REJECTS BELGIAN DRAFT ON INTERNET GAMBLING
3 July 2009
Belgium has a parochial approach in which ISP
blocking is considered
The European Gaming and Betting Association (EGBA) has
taken an official line on the European Commission’s
detailed opinion against the Belgian proposal for online
gaming and betting legislation, taking particular
exception to provisions which are aimed at restricting
the Belgian online gaming and betting market to
operators solely established in that country.
Maarten Haijer, EGBA Director for Regulatory Affairs
said: “The requirement for operators to be established
in Belgium is one of the clearest violations of EC
Treaty provisions. It wrongly denies that many online
gaming operators are effectively regulated, licensed and
controlled elsewhere in the EU. As several jurisdictions
in the EU already prove, it is possible to guarantee a
high level of consumer protection and have a well
regulated and competitive online gaming and betting
market at the same time. ”
The Belgian draft law
was notified to the European Commission and the other
member states on 27 March 2009. A detailed legal
analysis carried out on behalf of EGBA highlighted a
number of questionable issues under EC law,
specifically:
* the requirement for operators to
be established in Belgium;
* the unjustified
limitation of the number of available licenses;
* the
unjustified restrictions on the freedom to provide
services, and;
* criminal sanctions on consumers
wishing to play with EU licensed operators.
This
is the second detailed opinion from the European
Commission that goes against recent draft legislation
for online gaming and betting in a short period.
On 8th June France received a detailed opinion
against its proposed legislation because it also
violates several Treaty provisions (see previous
InfoPowa report). Both proposals seem to have in common
the view that online gaming and betting should be an
industry restricted within individual national
boundaries.
Both Belgium and France also propose
to introduce ISP blocking to prevent consumers playing
with EU licensed and regulated operators. France has
already received a detailed opinion against that
proposal as well.
“ISP blockings cannot impose
territorial boundaries on the Internet. Experience shows
that such restrictions are difficult to implement, easy
to circumvent, inefficient and foster the growth of an
underground market” Haijer asserted.
Today’s
detailed opinion extends the standstill period until 30
July 2009, during which time Belgium cannot adopt its
draft legislation, and is required to reply to the
Commission’s views before adopting the legislation. If
Belgium decides to adopt the current text without taking
into account the Commission’s objections, the Commission
can immediately launch infringement proceedings.
The European Commission has extended the standstill
period to prevent Belgium implementing new gaming laws
which the EC says do not comply with EC free market
principles. The standstill, originally due to end on 29
June, has been extended until 30 July, and concerns
parts of the new Belgian legislation such as a
requirement for e-gaming operators to be established
within Belgium.
The draft is at
http://ec.europa.eu/enterprise/tris/pisa/app/search/index.cfm?fuseaction=pisa_notif_overview&iYear=2009&inum=172&lang=EN&sNLang=EN
Online Casino News Courtesy of
Infopowa
More news here.
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