EGBA stresses importance of EU cooperation among member states
European trade body says failure to follow procedure when implementing local regulations will only cause delays and frustration to consumers and the sector
The European Gaming and Betting Association (EGBA) has implored member states to adhere to proper European Union procedure when implementing changes to national gambling frameworks.
The plea comes after the Court of Justice of the European Union (CJEU) nixed Lithuania’s plans to introduce changes to its advertising regulations for not following the correct steps in regard to the trading bloc.
The case related to local operator Unigames taking the Lithuanian Gambling Supervisory Authority to court over a €12,662 (£10,599) fine which related to encouraging players to gamble.
However, the CJEU ruled that the change to Lithuania’s gambling regulations constituted a “technical regulation” under EU law, which Lithuania had failed to inform the EU of.
In turn, the fine applied to Unigames was done so under the pretence of the updated law which had not been run by the EU.
As per a piece of EU legislation from 2015, member states are required to provide updates when planning changes to “technical regulations and of rules on Information Society services”.
Those updates must be filed via the Technical Regulation Information System (TRIS) procedure, which, the EGBA said, was in place to prevent “regulatory failure and market uncertainty”.
The trade body noted it was prepared to work alongside nation states and the EU to facilitate smoother relations and push local regulatory changes through in an effective manner.
Maarten Haijer, EGBA secretary general, said: “Proper notification of draft gambling regulations to the European Commission is essential for good policymaking and to allow for any proposed changes to national gambling frameworks to be scrutinised for their compatibility with EU law.
“The TRIS notification procedure facilitates transparency and allows for potential EU law compatibility issues to be identified before national regulations take effect.
“An effective TRIS procedure also relies on the European Commission to actively scrutinise all incoming notifications, which it has not been doing consistently in recent years.
“We’re confident, however, that the new Commission’s emphasis on the enforcement of EU law will lead to it stepping up its efforts to ensure draft national gambling laws are adequately scrutinised for their compatibility with EU law,” he added.
Elsewhere, the EGBA has reacted positively after the Finnish government submitted a final framework to shift from a monopoly to a commercial gambling market from 2027.
The body said: “With Finland moving towards a multi-licensing system for online gambling, all EU countries will soon have some form of multi-licensing.
“The evidence from across Europe is clear and compelling: multi-licensing works. It’s a better alternative to the monopoly system for bringing gambling activity into the regulated market, enhancing consumer protection and generating tax revenue.”