The European Gaming and Betting Association (EGBA) has expressed concerns regarding the adoption of the Belgian law for gaming and betting. The European Commission already in June issued a Detailed Opinion against the draft law for violating EC law requirements.
Sigrid Ligne, Secretary General of EGBA said: "It is baffling that Belgium does not take into account the opinion of the European Commission that crucial elements of the law are in conflict with EC law requirements. And even more so with a view to the upcoming Belgian presidency of the EU: how can Belgium show leadership in the EU, if it blatantly chooses to ignore the EC Treaty?"
The Belgian draft law was notified to the European Commission and the other Member States on 27 March 2009. It subsequently received a Detailed Opinion of the European Commission because certain aspects are not compatible with the EC Treaty.
A number of Members of the Belgian Senate and Parliament did raise the objections of the European Commission against the law in their discussions, including:
• the requirement for online operators to be established in Belgium;
• the unjustified limitation of the number of available licenses;
• the requirement to have a server located in Belgium;
• criminal sanctions on consumers wishing to play with EU licensed operators
Despite these discussions, the Belgian government did not see the need to change these requirements and a majority in the Parliament voted in favour of the law on 3 December 2009.
According to Sigrid Ligné ´the law is not only highly questionable from a legal point of view. In the digital age, limiting the provision of online services only to those exploiting a betting shop or casino in Belgium doesn't fit with reality. A high level of consumer protection can be achieved by specific and targeted legislation, not by protecting the operators with a vested interest in the current situation.´
The EGBA will study the law in detail and keeps all options open, including starting legal action as soon as the law comes into effect.
Sigrid Ligne, Secretary General of EGBA said: "It is baffling that Belgium does not take into account the opinion of the European Commission that crucial elements of the law are in conflict with EC law requirements. And even more so with a view to the upcoming Belgian presidency of the EU: how can Belgium show leadership in the EU, if it blatantly chooses to ignore the EC Treaty?"
The Belgian draft law was notified to the European Commission and the other Member States on 27 March 2009. It subsequently received a Detailed Opinion of the European Commission because certain aspects are not compatible with the EC Treaty.
A number of Members of the Belgian Senate and Parliament did raise the objections of the European Commission against the law in their discussions, including:
• the requirement for online operators to be established in Belgium;
• the unjustified limitation of the number of available licenses;
• the requirement to have a server located in Belgium;
• criminal sanctions on consumers wishing to play with EU licensed operators
Despite these discussions, the Belgian government did not see the need to change these requirements and a majority in the Parliament voted in favour of the law on 3 December 2009.
According to Sigrid Ligné ´the law is not only highly questionable from a legal point of view. In the digital age, limiting the provision of online services only to those exploiting a betting shop or casino in Belgium doesn't fit with reality. A high level of consumer protection can be achieved by specific and targeted legislation, not by protecting the operators with a vested interest in the current situation.´
The EGBA will study the law in detail and keeps all options open, including starting legal action as soon as the law comes into effect.
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