Proposed structure of the EUROMAT response to the ... - Jogo Remoto

European Gaming and Amusement Federation
Europäische Verband der Unterhaltungsautomatenwirtschaft
Fédération Européenne des Jeux et d'Amusement
Question 7: How does the definition of on-line gambling services above differ from definitions at
national level?
We refer to our comments in our covering letter regarding the term 'online gambling' and suggest
that this be substituted for the term '‘remote gambling’ where remote gambling means gambling in
which persons participate by the use of remote communication. Remote communication means
communication using (a) the internet (b) telephone (c) television (d) radio or (e) any other kind of
electronic or other technology for facilitating communication. In this consultation we shall refer to
remote gambling rather than ‘online gambling’ for the reasons set out above.
With respect to individual national regimes:
According to Polish legislation, the definition of gambling contains a closed list of permitted
gambling activities, whereas the definition set down in the Green Paper is an open one.
Furthermore, in Poland, on-line gambling (bookmaking) means a separate allowed service.
Therefore, as regards stationary bookmakers’ bets, on-line operations are not understood as a
change of the channel of providing services only, but as a separate activity governed by the act.
Another difference involves the limitation of the on-line gambling services permitted in Poland to
sports betting only. In the Netherlands, there is no official definition of on-line gambling services
yet. In Bulgaria, there is currently no adopted definition, although the draft law does appear in line
with the definition proposed by EUROMAT, i.e. it includes regulation of remote gambling as internet
gambling and gambling via other communication means. The definition set down in the Green Paper
seems in line with the definition used in Danish legislation.
In accordance with the Romanian law, the definition of online gambling covers bingo games
organised via Internet communication systems, landline or mobile telephone systems, online bets,
lottery games, online gambling games which takes place otherwise than in the physical presence of
players, organized and transmitted through the communication systems mentioned above. As a
conclusion the Romanian definition covers all forms of “remote gambling” but is more prescriptive
than the definition used in the Green Paper.
Question 8: Are gambling services offered by the media considered as games of chance at national
level? Is there a distinction drawn between promotional games and gambling?
In general, games provided by the media are either considered to be games of chance or
promotional games and in some instances either one or the other, but not both, forms of games are
recognised. For both cases however there is a chance element involved, as opposed to skill.
By way of example, the services offered in Poland by the media considered in the form of games of
chance are considered by the laws of Poland to be gambling services as are promotional games. In
the Netherlands, gambling services offered by the media (in general SMS or paid telephone games)
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