iGB Marketplace Directory 2016/17 | Page 16

EUROPEAN REGULATION be merged into one state entity. Status: An ECJ ruling confirmed that Finland’s three monopoly providers are legally permitted, which has subsequently been written into law. In November 2013, the EC also withdrew infringement proceedings. Active enforcement measures are in place (restrictive marketing for offshore operators and ISP blocking). FRANCE Regulated Gambling Products: Sports betting, horse race betting, poker and lottery. Operator Type: Private operators can obtain online licences for sports betting, horse race betting and poker. The monopoly has exclusive rights to lottery. Status: France is a regulated market that has been sanctioned by the EC. Parliament announced that it would conduct a full review of French gambling legislation in 2016. In addition, the French Parliament are currently considering a bill concerning the legal framework for skill games and e-sports, which could be liberalised, and an amendment authorising online poker liquidity sharing with other EU jurisdictions. GERMANY Regulated Gambling Products: SchleswigHolstein, a small Northern German state, regulates sports betting, horse race betting, poker, casino and bingo. The other 15 states of Germany currently only permit sports betting and horse race betting. Operator Type: Private operators can no longer obtain licences in Schleswig-Holstein, and those in existence will expire on 30 June 2019. In the other 15 states, horse race betting licences are available at a regional level but the position surrounding the 20 available sports betting licences is still uncertain. Status: The licensing regime in Germany is in a state of flux. The tender for 20 Federal sports betting licences was abortive, following a number of appeals by operators who were not granted a licence. The CJEU ruled, on 4 February 2016, that Germany’s sports betting regulation is incompatible with EU law and that enforcement actions will be unlawful where a de 16 | Marketplace 2016/17 Sponsored by facto monopoly exists and none of the 20 licences could, in practice, be acquired. The decision has led to calls for comprehensive legal reform of Germany’s gambling legislation. GREAT BRITAIN Regulated Gambling Products: Sports betting, 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: Any operator that transacts with, or advertises to, British residents requires a licence from the Gambling Commission. From 31 March 2015, licensed operators are required to source gambling software from Commission licensed businesses. A corresponding tax rate of 15% of gross profits was introduced on 1 December 2014. This is subject to an ongoing judicial review by a Gibraltar trade association and its questions regarding its compatibility with European law have been referred to the EJC. The Treasury is confident that it can defend its position. GREECE Regulated Gambling Products: Sports betting, 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, with all products permitted. Status: The licensing regime in Greece (like Germany) is also in a state of flux. The Greek government granted 24 transitional licences to operators in December 2012 enabling them to keep transacting with Greek residents. However, in March 2013, the government notified draft legislation to the EC which effectively rescinds the licences; a position criticised by the EC. Greece’s new government is currently considering plans to more tightly regulate online gambling, to end the ongoing transition position. The fate of the 24 licences is still unclear. In April 2016, the EC wrote a letter to Greek officials urging them to explain how they will