Annexes to COM(2012)596 - Towards a comprehensive European framework for online gambling

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dossier COM(2012)596 - Towards a comprehensive European framework for online gambling.
document COM(2012)596 EN
date October 23, 2012
agreements are a useful tool in this area and the Commission encourages their further development and to include all relevant stakeholders (gambling operators, sport organisations, regulators). These agreements effectively facilitate the creation of national contact points where all relevant actors involved in fighting match fixing at national level can come together, exchange information and coordinate actions. National contact points are an essential element of efficient cooperation in view of tackling match fixing issues at EU and global level.

2.5.2. Developing anti-match fixing measures

Member States' approaches to financing of anti-match fixing measures vary considerably whilst none of the financing models currently applied has been found to be more or less efficient than the others.

The Commission will develop in a recommendation anti-match fixing measures applicable across Member States and sport disciplines in cooperation with stakeholders with a view to 1) promote a more efficient exchange of good practices in the prevention of betting related match-fixing, including initiatives on awareness raising and training for actors in the field of sports, 2) ensure mutual reporting and follow-up actions of suspicious activities by sport bodies, operators and regulators, including gathering reliable figures on the scale of the problem, 3) establish minimum conflict of interest provisions, for example betting bans for sport people and sport officials as well as the exclusion of youth events from betting, and 4) introduce hotlines and other reporting or whistle-blowing alert mechanisms. Dedicated workshops will be organised to this purpose with the involvement of experts on gambling.

2.5.3. Ensure effective deterrence of match fixing

The Study on match fixing in Sport[31] found that match fixing is criminalised in all Member States. It also indicated that a specific incrimination of sport offences did not necessarily lead to better enforcement or fewer suspicious cases. The main shortcomings in relation to the prosecution of match-fixing cases are of an operational nature and initiatives at EU level should aim at improving the enforcement of anti-match fixing rules.

The Commission is participating in the work of the Council of Europe which is discussing a possible convention against the manipulation of sports results. The aim is to provide national systems with the tools, expertise and resources necessary to combat this threat.

2.5.4. Promoting international cooperation

The Commission will, by using part of the funds available under the 2012 Preparatory Action for European Partnerships in Sport[32], launch test projects aimed at promoting international cooperation in the prevention of match fixing. It will equally continue cooperation with the International Olympic Committee (IOC) and the Council of Europe both of whom have proposed and developed measures to address the issue in a global manner[33]. The Commission will explore the possibility of including protecting the integrity of sport and combatting match fixing in discussions with third countries and the competent international organisations in the field of sport.

MAIN ACTIONS

The Commission will

· Adopt a Recommendation on best practices in the prevention and combatting of betting related match fixing in 2014,

· Participate in the work of the Council of Europe on a possible Convention against manipulation of sports results,

· Promote international cooperation and dialogue in the prevention of match fixing.

Member States are urged to

· Set up national contact points bringing together all relevant actors involved in fighting match fixing,

· Equip national legal and administrative systems with the tools, expertise and resources to combat match fixing,

· Consider sustainable financing of sports integrity measures.

3. Conclusions

Responding to the various regulatory and technical challenges of the online gambling sector requires sound and effective measures. The actions announced in this Communication form a comprehensive strategy to meet these challenges.

The European Commission will work together with the European Parliament, Member States and all stakeholders concerned on the prompt implementation of this Communication. It will call for a first meeting of the expert group on gambling in 2012 and initiate a dialogue with all stakeholders. A stakeholder conference will be organised in 2013.

The European Commission will evaluate the implementation of this Communication and the application of the measures by Member States and stakeholders. It will report on the progress achieved by publishing a report within two years of the adoption of this Communication. In the report, the Commission will assess if the actions as implemented are sufficient, notably with regard to the objectives of a more effective protection of consumers and deterrence of match-fixing. The Commission will also assess whether these actions provide an adequate EU framework for online gambling or if additional measures, where necessary legislative ones, need to be taken at EU level.

[1] The term "online gambling" refers to a range of different gambling services and distribution channels. See for an overview and discussion of the definitions section 2 of the Staff Working Document

[2] In 2011 annual revenues of the overall EU gambling market were estimated to be around €84.9 billion, with annual growth rates of around 3%. Between 2008 and 2011 the land based gambling market grew by around 8.3%.

[3] H2 Gambling Capital (gaming and betting consultancy)

[4] Green Paper on on-line gambling in the Internal Market (COM(2011) 128 final)

[5] Staff Working Document reference No

[6] Minors as used in this Communication include "children". In line with Article 1 of the UN Convention on the Rights of the Child, a "child" means any person below 18 years of age. In certain Member States young adults are covered by the regime applicable to children

[7] All the actions proposed to be taken up by the Commission in this document are consistent and compatible with the current multiannual financial framework

[8] 3057th COMPETITIVENESS Council conclusions on the framework for gambling and betting in the EU member states, 10 December 2010

[9] Council Presidencies Progress reports on the framework for gambling and betting in the EU Member States (2008-2011)

[10] 2011/2084(INI)

[11] CESE 1581/2011 - INT/579

[12] Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations, as amended by Directive 98/48/EC

[13] Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data, see for the data protection reform and the reform package adopted by the Commission on 25 January 2012: http://ec.europa.eu/justice/newsroom/data-protection/news/120125_en.htm

[14] A Regulation on administrative cooperation through IMI (based on Commission proposal COM(2011) 522 final) is expected to be formally adopted by the European Parliament and the Council in September/October 2012. This Regulation will create the possibility to launch IMI pilot projects to test the use of IMI for administrative cooperation, including the exchange of personal data, in any Single Market area provided that there is a legal basis for the exchange of these data.

[15] Unauthorised gambling services in the recipient Member State does not imply that such services are not regulated in the Member State of origin. Neither does that imply that they are not authorized in other recipient Member States.

[16] Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (the Regulation on consumer protection cooperation)

[17] For more details see http://ec.europa.eu/internal_market/e-commerce/notice-and-action/index_en.htm

[18] E.g problem gambling, pathological gambling, excessive gambling

[19] H2 Gambling Capital

[20] A European Consumer Agenda - Boosting confidence and growth (COM(2012) 225 final)

[21] As proposed in the proposals for a Directive on consumer Alternative Dispute Resolution and a Regulation on consumer ODR at http://ec.europa.eu/consumers/redress_cons/adr_policy_work_en.htm

[22] European Strategy for a Better Internet for Children (COM(2012) 196 final)

[23] Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market and amending Directives 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC and of Regulation (EC) 2006/2004

[24] This is a trans-disciplinary project, funded under the 7th Framework Programme for research and technological development. It focuses on research related to addiction and lifestyles in Europe over 5 years (2011-2015), For more information: http://ec.europa.eu/research/social-sciences/projects/486_en.html

[25] Decision No 1351/2008/EC establishing a multiannual Community programme on protecting children using the Internet and other communication technologies

[26] Proposal for a Regulation of the European Parliament and of the Council establishing the Connecting Europe Facility (COM (2011) 665)

[27] Aimed at evaluating the prevalence and determinants of borderline addictive internet use and internet addiction among European adolescents

[28] Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing

[29] Tackling Crime in our Digital Age: Establishing a European Cybercrime Centre (COM (2012) 140 final)

[30] See Nicosia Declaration on the Fight Against Match-Fixing of 20 September 2012

[31] http://ec.europa.eu/sport/news/20120410-study-on-match-fixing_en.htm

[32] http://ec.europa.eu/sport/news/20120417-2012-call-for-proposals_en.htm

[33] CM/Rec(2011)10, IOC recommendations against match fixing of 2 February 2012