Autors:
Xavier Muñoz BellvehÃ
Legal Services:
Juegos y apuestas
On March 10 2009, the European Parliament approved a Resolution on the Integrity or the Gambling Market within the European Union (EU). The Resolution has been forwarded to the European Commission for its consideration. The main aspects introduced are as follows:
- (i)Â In accordance with the principle of subsidiarity and the case law of the European Court of Justice, Member States have an interest and right to regulate and control their gambling markets in accordance with their traditions and cultures. The Parliament stresses the importance for the Member State of the residence of the consumer to be able to effectively control, limit and supervise gambling services provided in its territory.
- (ii)Â It is important to ensure that sports competition organisers, betting operators and regulators cooperate on measures to tackle the risks related to illegal betting behaviour and match-fixing in sport. Highlighting that sports bets are a form of commercial exploitation of sporting competitions, it recommends that Member States protect sporting competitions from any unauthorised commercial use, notably by recognition of a sport organisers right, and put in place arrangements to ensure fair financial returns for the benefit of all levels of professional and amateur sport. Members call on the Commission to examine whether it is possible to give competition organisers an intellectual property right (some sort of image right) over their competitions.
- (iii)Â Members also support the development of standards for online gambling regarding age limits, a ban on credit, and bonus schemes to protect vulnerable gamblers, and so on. They suggest examining the possibility of introducing a maximum amount that a person can use for gambling activities per month, or of obliging online gambling operators to make use of prepaid cards for online gambling to be sold in shops.
- (iv)Â Parliament considers that self-regulation regarding the advertising, promotion and provision of online games is not effective and emphasises the need for both regulation and cooperation between industry and the authorities. It urges Member States to cooperate at a EU level to take measures against any aggressive advertising or marketing by any operator of online gambling, including free demonstration games.
- (v)Â It is stated that a code of conduct may be a useful supplementary tool for achieving some public (and private) objectives but such a code ultimately remains an industry-driven, self-regulatory approach and can therefore only serve as an addition to, not a replacement of, legislation.
Although this Resolution is not binding, it may have an influence on any future EU or national actions on gambling policy. In this regard, the legal development by the EU or individually by Member States of some of the initiatives above can have a strong impact in this market and may suppose changing the online gaming operators strategy with regard to the EU market.