Islj 2009 3-4 - TMC Asser Instituut

any tax evasions. Added to this is the responsibility to perform technical
tests on the tobacco to ensure that its quality is in compliance
with the Italian and EU standards and regulations.
Despite the State involving itself in this sector, both the public and
private entities have in no way been exempted from taking part as
well. The major objective which the State targets by participating
through the AAMS is to ensure that the market is increasingly open
and competitive and compliant with the regulations 20 . This has been
achieved through the joint cooperation between public and private
sectors which has made it possible to guarantee a high quality offering
for consumers..
AAMS´s role in the gaming sphere has continued to expand, more
so through its newly formed operation model of the public gaming
market Under this model, the State continues to control and manage
the infrastructural network while assigning the rights to market the
games to a variety of subjects, who compete amongst themselves in
delivering high quality services, thereby ensuring a safe and fully competitive
market.
In essence, Italy can only triumph in its fight against illegal gaming
if it adopts the twofold action plan of compliance and repression,
which the AAMS has recently put into place. Through this action
plan of compliance and repression, AAMS has directed its efforts
towards taking preventive action through extending and improving its
offers to the market with a view to putting it as close as possible in
line with the hopes and expectations of consumers and the general
public. At the same time AAMS has not relinquished its commitment
to taking swift and effective repressive measures.
It is against this background, that the initiative launched in cooperation
with the Italian Ministry of Communications regulates the technical
procedures directed at blocking access to sites which offer gaming
services without any concession or authorisation.
Besides prohibiting the development of the illegal gaming market,
the adoption of clearly focused repressive measures has played a big
role in curbing the undesired effects of service black-outs which are
not directly linked to the provision of illegal gaming solutions. In
addition, the information contained on the redirecting affected the
dissemination of information related to gaming laws and the institutional
role of AAMS. Public and consumer awareness of gaming and
related laws has therefore increased tremendously thanks to the initiatives
of the AAMS.
6. Cultural background
The AAMS has played a major role in the history of Italian legislation,
not to mention the gaming industry. ,
20 See E. De Feo, La privatizzazione
dell’Amministrazione Autonoma dei
Monopoli di Stato, on
www.filodiritto.com/diritto pubblico/
amministrativo/
privatizzazione monopolidefeo.htm
6.1. Historical background
AAMS is a creature of the economic system of state monopolies which
were created to meet the publics´ need for security, order and social
safeguards, while filling a regulatory role meant to guarantee the use
and the enjoyment of primary needs. State monopolies were initially
developed by the Greeks, who applied this system to olive oil, salt,
papyrus, fishing products, mines and banks. Italy established its first
monopoly in the minting of coins in the 1st century, extending it to
salt, cinnabars, and mining products, as well as the services of heralds,
barbers, cobblers and others, in the 4th century.
State and private monopolies (in the form of tendered concessions)
then took over towards the middle age, minting of coins, in addition
to producing and selling salt. Kings also distributed, at their discretion,
monopoly-like privileges in the sectors of production, purchases
and sales. One major private monopoly which was established in
Italy in the 15th century was set up in Florence, by the Medici family
to engage in alum exportation
Between the end of the 16th century and the middle of the 18th,
monopolies prospered more or less everywhere: the State monopolised
tobacco products, gun powder, chemical products and other
items of mass consumption.
In 1862, the Italian State placed a monopoly on the production and
distribution of salt and tobacco products in order to maximise state
revenues from these economic activities. Since then the state has managed
its monopoly over tobacco with the help of subsidiary bodies.
The exclusive concessions on salt and the monopoly on quinine
were if great assistance to the public, as this was exercised on a nonprofit
basis for social medical objectives. The monopoly on tobacco,
on the other hand, has always been tied to changing social customs
and to please the consumer, thereby making a noteworthy contribution
to the satisfaction of the State’s economic needs.
6.2. The projects and activities of AAMS
AAMS has forged its activities and identified itself through the history
and culture outlined above as an institution which has played a
central role at guaranteeing the production and distribution of goods
and services in wide demand among the general public.
AAMS initially carried out its activities directly, by being solely
responsible for the production of merchandise. It plays a slightly different
role today,; coordinating and controlling, those services typical
to affluent societies, i.e. Gaming activities.
AAMS has always shown a special, ability to create value for Italy,
in line with the times. This role was seen during both post-industrial
and industrial Italy, and while it may appear less evident at present, in
the so-called post-industrial Italy, in large part due to the fact that the
momentous changes dealt with by this Administration are still quite
recent, there can be no denying that the AAMS has already modified
its identity, focussing the majority of its energies on its new role as the
regulator of the gaming market, while introducing significant new
developments in its traditional operations involving monopoly goods.
The social benefits produced new contributions which corroborate
those which were traditionally provided by the AAMS and consist primarily
of:
Fighting against illegal gaming, through supporting efforts to suppress
it and through constantly improving the supply of public gaming
activities;
Maintaining the trust of the general public and safeguarding the
legitimate interests of consumers;
Regulating the gaming market;
Providing occasions for leisure time which act as diversions are
compatible with broader interests of the individual and the general
public.
6.3. Organisation
We shall now assess the structure and composition of AAMS.
6.3.1. The Central Offices
The current organisational structure of AAMS was introduced in
2003, primarily in the sector of public gaming regulation.
The office of the Director General carries out the activities of
directing and controlling, in accordance with the guidelines set out in
the “General Directives for administration and management”. .
The Director General’s Office is also responsible for the main institutional
relations, the external relations and issues related to news and
broadcasting organisations, thereby ensuring liaison with the
Minister’s press office.
6.3.2. The Excise Duties Department.
This department deals with the distribution of manufactured tobacco
products. It is responsible for, among other things, granting administrative
concessions in the manufactured tobacco sector and ensuring
that smoking products comply with national and regulation of tax
payments and the accounting of tax revenues.
Its organisational structure consists of a Director General’s Office and
four General Managerial Offices: the Strategic Department, the Gaming
Department, the Excise Duties Department and the Department for the
Organisation and Management of Resources.
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