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
a. citizens are protected whilst gambling, regardless of the distribution method. Regulation
must be effectively enforced regardless of the location of the provider.
b. competition is not distorted by social or fiscal regulation which unfairly discriminates
between land-based and remote operators, or operators within each of those distribution
channels, preventing a level playing field.
4. The principles of better regulation should apply equally to land-based and remote distribution.
These principles are:
Proportionality: Policy solutions must be appropriate for the perceived problem or risk.
Different distribution methods may give rise to different risks and require different
solutions.
Accountability: Decisions taken by regulators must be evidence-based.
Consistency/Coherence: Regulation must be fair, consistent and coherent regardless of
distribution method, subject to evidence-based risk.
Transparency: The regulatory process must be open and consultative.
Targeting: Regulation must be focused on addressing evidence-based risk.
5. While ECJ case law recognises the freedom to provide services across borders, it has also
recognised that Member States may restrict these freedoms on grounds of national public policy
such as consumer protection, public order and public safety.
6. The ECJ also finds that gambling is an area in which there are significant moral, religious and
cultural differences between Member States. Member States are free to set the objectives of
their gambling policies and to define in detail the level of protection sought, while satisfying the
condition of proportionality.
EUROMAT concludes:
7. Effective enforcement of remote gambling regulation can be achieved through a variety of
models including:
a. A local licence granted by the Member State in which the consumer is located regardless
of the location of the operator.
b. A bilateral agreement between regulators where the regulator in which the operator is
located agrees to enforce on the operator the regulation which applies in the country in
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