EC issues opinion against Czech gambling law
Commission suggests legislation is "Hampered by a number of shortcomings" and says "Entirely new legislation appears to be the most favourable option."
The European Commission has issued a detailed opinion against the Czech Republic’s regulatory proposals, paying particular attention to elements such as its requirement for operators to be domiciled in the EU Member State.
It has extended the standstill period on the legislation until 17 December, however it notes that the various shortcomings of the current proposals indicate “Entirely new legislation appears to be the most favourable option.”
The opinion – the second in recent months in relation to Czech proposals – states: “The conclusion that the draft regulation is compatible with EU law, even if, in the question of the condition that the operator be domiciled in the Czech Republic,” however it recognises that this element “May be problematic with regards to European law.”
However the EC states that “The legislation in question is hampered by a number of shortcomings, such as systematic, definitional and institutional fragmentation and confusion; failure to take technological development (such as remote gaming) into account; insufficient protection of society from the undesired effects of games of chance; an insufficient role of self-administration in regulating lotteries and other games; and ineffective state supervision.
It also explains. “The possible liberalisation process for gambling cannot be solved in the short term and that it is not possible without solving the issue of access to problematic internet betting.”
The EC’s action is the first of note since the publication of October’s action plan, where the commission announced its intention to address those Member States whose regulations fail to comply with EU law.
It may come as a positive to those operators concerned by the lack of concrete action against Belgian egaming legislation, where the decision to issue no licences to operators without a land-based presence shares features with the Czech Republic’s requirement for “Players to be registered at permanent gaming facilities.”
Last week saw the Remote Gaming Association (RGA), whose members include bwin.party, bet365 and 888, call upon the EC to “act quickly and decisively” against non-compliant member states, and more recently RGA CEO Clive Hawkswood expressed his concern about the potential messages sent out if the EC fails to act on Belgium’s supposed non-compliance.