to regulate or not to regulate big and ugly? - … · to regulate or not to regulate big and ugly?...

To Regulate or Not to Regulate Big and Ugly?

11th European Conference on Gambling Studies and Policy Issues

Lisbon, 14 September 2016

Harrie TemminkDeputy /Acting Head of Unit, DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROWTH), Unit Public Interest Services

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National online gambling regulation: what are the conditions for success?

• Generally:

(i) Good Regulation

(ii) Robust Supervisors

(iii) Fair and proper tax system

... irrespective of the national gambling model

Good Regulation (I)

• What are the public policy objectives?

– Protection consumers and fight against fraud

– Channeling objective

• Substantive rules (general)

– Need to be transparent and clear

– Proportionate, not unnecessary burdensome – workable

– Flexibility – but no loopholes

– Non-discriminatory and consistent

– Interim periods

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Good Regulation (II)

•Special attention:

–Consumer protection including commercial commications

–Technical standards

–Match-fixing

–Money laundering28/09/2016

Good regulation (III)

• Compliance and enforcement rules:

• What/how? Depending on national systems, cultures…

• Compliance: authorized operators (e.g. reporting standards)

• Enforcement: blocking websites, financial transactions…

• Collection of data and research (disorders, market trends, etc.)

Robust Supervisors

• Fully independent, own identity

• Sufficient human and financial resources

• Adequate legal tools

• Dialogue with the authorized operators

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Fair tax system

• Prerogative for the Member States but…

• Does it contribute to the channelling objective?

• Respect for EU rules:

• non-discrimination

• state aid

• VAT

• Respect for Fundamental Rights (retro-active

taxes)

Convergence EU and national rules/practices

• Regulation/supervision online gambling is

primarily national…

• … but online gambling is cross-border.

• Encourage national regulators:

• to exchange best practices

• join hands on supervision

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Thank you!

http://ec.europa.eu/growth/single-market/services/gambling/index_en.htm