iGB Affiliate 43 Feb/March 2014 | Page 82

Status: The gambling regulatory regime is in a state of flux. There is uncertainty as to whether the Schleswig-Holstein licences give licensees rights to supply customers throughout Germany and the regulatory body responsible for administering the 20 sportsbetting licences (Ministry of the Interior in Hesse) rejected all applications in November 2013. How the regime will materialise and the timescale for any developments is still unclear at this time. GREAT BRITAIN Regulated gambling products: Sportsbetting, horse race betting, poker, casino, bingo and lottery. Operator type: All licences are available to private operators save for lottery, which is reserved exclusively for the monopoly provider, Camelot. Status: Foreign operators can transact with, and advertise to, British customers, but only those regulated in the EEA or a ‘white list’ jurisdiction (Alderney, Isle of Man, Antigua and Barbuda, and Tasmania). A move to a local licensing model has been announced and is expected to be implemented in May 2014, with a corresponding tax rate of 15 percent of gross profits. GREECE Regulated gambling products: Sportsbetting, horse race betting and lottery. Operator type: All products are exclusively reserved for the monopoly providers although 24 transitional licences for private operators remain active, whereby all gambling products are permitted. Status: The licensing regime in Greece is also in a state of flux. The Greek government submitted a new draft law to the European Commission in March 2013, which effectively rescinds the 24 transitional licences granted to operators enabling them to keep transacting with Greek residents. The Commission has reportedly 82 iGB Affiliate FEBRUARY/MARCH 2014 criticised the revised legislation and until the position is resolved, the transitional licences will remain in force. HUNGARY Regulated gambling products: Sportsbetting, horse race betting, poker, casino, bingo and lottery. Operator type: Only the state monopoly, Szerencsejáték Zrt. and local concession companies can apply for a licence. Status: In January 2013, the Hungarian government submitted an amendment to its Gambling Act which essentially reserved gambling activities for the state or local concession companies. On June 26, 2013, the Hungarian National Assembly adopted the draft legislation, which entered into force 15 days after it was promulgated. However, the executive order necessary to implement the licensing regime has not yet been introduced. ISPs have been required to block any unlicensed sites as of January 2, 2014. IRELAND Regulated gambling products: Online gambling is not specifically accounted for in Ireland’s outdated legislation and as such all products are currently unregulated. Status: Ireland is in the process of updating its legislation which will create a comprehensive online gambling regime and payment restrictions. ITALY Regulated gambling products: Sportsbetting, horse race betting, poker, casino, bingo and lottery. Operator type: All products are available to private operators save for lottery which is reserved for the monopoly provider. However, it is currently not possible to obtain a licence in Italy. Status: Italy is a fully regulated market. Italy extended the number of betting markets available to its residents last year and it has been suggested that tax for online fixed odds betting may change from a turnover to a gross profits tax. LATVIA Regulated gambling products: Sportsbetting, horse race betting, poker, casino, bingo and lottery. Operator type: Although online gambling is regulated, only five operators are licensed in the jurisdiction. Lottery is reserved for state-owned Latvijas Loto. Status: Updated legislation was supposed to be implemented in January 2012 but parliament has extended the submission period twice and developments seem to have stalled. The new legislation restricts the provision of online gambling to Latvian registered operators. Stricter enforcement measures including ISP and payment blocking are contained in the draft bill together with higher tax rates and fees. LITHUANIA Regulated gambling products: Lottery. Operator type: Local or national lottery licences are available for locally established companies. Status: Other than lottery, the law is silent on whether or not gambling activities can or cannot be offered online. New legislation is in draft form but requires licence holders to set up a Lithuanian company and also have a land-based licence with further conditions (i.e. must operate in at least one casino, five horse race betting locations, ten slot machine parlours or 20 betting parlours). Lithuania was also the subject of further information requests by the European Commission in November 2013. LUXEMBOURG Regulated gambling products: Lottery. Operator type: Monopoly. Status: The general prohibition on gambling in Luxembourg appears sufficiently wide to cover all forms of online gambling.