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