RGA concerned about Belgium setting precedent
Lobby group calls again for EC action following Monday's letter to Commissioner Barnier, but CEO says issue goes beyond just the one EU Member State.
Failure to act on the Belgian Gaming Association’s “blatant” failure to comply with EU law could set a dangerous precedent for other non-compliant jurisdictions, the chief executive of lobby group the Remote Gaming Association has revealed.
Clive Hawkswood told eGaming Review “It is time to draw a line in the sand,” arguing “It’s not a large market but it’s so blatant that if you’re doing something similar to Belgium then you might now think it’s fine to carry on doing it.
“Even if you are doing something else which is potentially in breach of EU law and see they’re letting Belgium go then you’re not going to think what you’re doing is a problem,” he added.
Hawkswood was speaking to eGR in the light of Monday’s open letter to the European Commission from the heads of 12 egaming business, some of whom have an insignificant presence in Belgium but are concerned by the precedent which could be set if the EC fails to follow through with October’s pledges to tackle those countries whose regulations fail to comply with EU law.
The BGC is currently engaged in conversation with the EC, submitting information in an attempt to justify legislation which has met criticism for its requirement that online licensees also hold a land-based presence.
Peter Naessens of the BGC told eGR that no process had been opened as of yet, although iGaming France suggests this morning that the EC will act before the end of the year if it deems Belgium’s law non-compliant.
Naessens, who considers Belgian egaming law not to be protectionist, explained: “If they take the decision to launch an infringement procedure we must remember that does not mean there’s something necessarily wrong with the model – that is just then up to the court of justice of the EU.
“With regards to online gaming, there are issues that need to still be solved at a European level which must be the role of the commission – I do not think the Belgian model is necessarily how the European model should look, but at the moment there is no European model,” he added.
Reacting to Monday’s letter, which is believed to have the support of more than the 14 individuals to sign it, Hawkswood explained: “We’re not particularly picking on Belgium as we have strong concerns about other places too. However Belgium is one of those where it’s clear-cut – the need to have a land-based presence to obtain an online licence is clearly anti-competitive and we feel against EU law.
He continued: “We were patient throughout the Green Paper process but that is done and dusted now and now we need them to act.
“I think one of the frustrations is there is a limit on what we can do, which is centred around getting the EC to take meaningful action – the letter demonstrates the strength of feeling but less publicly there are meetings with officials and we’re trying to get them to see some of this through.”
Other regulations to come under scrutiny include those in Greece and Germany, with plans in the former of the two countries to cease the online activities of offshore operators deemed “unfair” and “unworkable” by the RGA earlier this month.
Germany’s purportedly restrictive State Treaty was another of the regulatory proposals deemed potentially non-compliant by the European Gambling and Betting Association in its response to the EC’s October action plan on online gambling, while this week saw the Commission issue a new opinion on Czech legislation.
Bwin.party co-CEO has already spoken out about the State Treaty, considering his company’s poker and casino offerings “legitimate” despite the proposed requirement for the 20 operators ultimately licensed for sports betting under the State Treaty to shut down other verticals.
Teufelberger has been similarly outspoken about the state of play in Belgium, a stance which saw him detained and questioned for two hours in Brussels last week.