European Commission publishes Action Plan on online gambling

EL stresses that the objective of protecting consumers, a declared aim of the actions proposed by the European Commission, is first and foremost met through efficient law enforcement measures to protect European consumers from a harmful and illicit gambling offering.

EL President Friedrich Stickler: “Efficient law enforcement is a conditio sine qua non to protect Europe’s consumers. By not addressing this fundamental aspect, the Commission misses the main point: many of the measures it is considering, in particular Recommendations in the field of consumer protection and advertising, can simply not bear fruit if they are not preceded by a clear stepping up of enforcement against illegal operators.”

EL reminds the European Commission that also the European Parliament and the European Economic and Social Committee have called for strong enforcement against the supply of illegal gambling – a call that the European Commission is leaving unanswered.

EL furthermore regrets that the Action Plan does not take into account the specificity of the sustainable contribution of lotteries to society, in spite of the 2010 Council conclusions under the Belgian Presidency, adopted unanimously by all Member States. Indeed, in 2011, a record breaking € 25 billion from revenue generated by lotteries in Europe returned to society through payments to the State budgets and the funding of causes of general interest.

EL takes note that the Commission is not proposing a direct sectoral legislative measure in the field of gambling. EL applauds that the European Commission in this regard takes into account the jurisprudence of the European Court of Justice and the confirmation of the primary competence of Member States to regulate the gambling sector by the Council. The association further points out that the European Parliament has endorsed the latitude of Member States to determine the conditions of their own gambling market in their November 2011 Resolution on Online Gambling in the Internal Market.

EL explicitly applauds the European Commission in particular for its intention to go a step further in the fight against money laundering. The association highlights that it is the only association of gambling operators with a clear call for extending the scope of the Anti-Money Laundering Directive to forms of gambling beyond casinos.

EL also welcomes that the European Commission opens a new path in the fight against match fixing both at European Union and at the Council of Europe level with the drafting of a Convention against match fixing and the issuing of a Recommendation in this field.
EL understands that the European Commission will now contact Member States to regarding the compliance of national policies with EU law. EL is confident that such a dialogue will lead to rapid clarification for the sector and provide the Commission with guarantees that Member States organise their regulatory systems, within their discretionary power, in compliance with the Treaties – as the European Court of Justice has confirmed in many rulings.