iGB Affiliate 62 Apr/May | Page 64

EUROPEAN REGULATION

In conjunction with Chris Elliott and Beth French of Wiggin LLP , iGB Affiliate provides a regulatory snapshot of igaming markets across the EU . This includes all regulated products and legalised operator types , and any impending market updates . Denmark , Germany and Poland are among those updated for this issue .
AUSTRIA
Regulated Gambling Products : Sports betting , horse race betting , poker , casino , bingo and lottery . Operator Type : Licences for sports betting and horse race betting are available for private operators on a regional basis within Austria whereas poker , casino , bingo and lottery are controlled by the monopoly , Austria Lotteries . Status : An appeal challenging Austrian tax legislation is seen as a test case by other offshore operators targeting Austrian business in 2016 court decisions reached conflicting decisions on the compatibility of Austria ’ s current gambling legislative framework with EU law , which remains unclear . The Austrian government put forward a proposal to block unlicensed offshore operators targeting the country , although next steps are unclear .
BELGIUM
Regulated Gambling Products : Sports betting , horse race betting , poker , casino , bingo and lottery . Operator Type : All products are available to private operators save for lotteries , which are reserved exclusively for the monopoly provider . However , online operators need to partner up with local casinos in order to satisfy the landbased establishment requirement ; or alternatively , apply for one of the 34 retail licences ( F1 licences ) which can be extended to cover online ( F1 + licence ). Status : The regulator recently introduced rules to prevent live casino products being offered to players unless the dealers are physically in Belgium . The potential for EC infringement proceedings remains . The Belgian government has applied VAT of
21 % on online gambling transactions with effect from 1 July 2016 .
BULGARIA
Regulated Gambling Products : Sports betting , horse race betting , poker , casino , bingo and lottery ( excluding raffles and instant lottery games ). Operator Type : All products are available to private operators save for lotteries , which are reserved exclusively for the monopoly provider . Status : Bulgaria ’ s Gambling Act became law on 1 July 2012 but licences were not available until mid-2013 as further implementing legislation needed to be in force . Any operator from an EU / EEA jurisdiction or the Swiss Confederation can apply for a licence . The Bulgarian regulator has subsequently issued licences , including to a number of international operators , and recently removed the restriction on Gibraltar-based applicants . The change from a turnover to a GGR tax-based system has prompted a number of operators to apply for a local licence .
CROATIA
Regulated Gambling Products : Sports betting , horse race betting , poker , casino , bingo and lottery . Operator Type : All products are available to private operators save for lotteries , reserved exclusively for the monopoly provider . Private operators can only be licensed to offer igaming if they obtain a land-based casino or betting licence . Status : Following Croatia ’ s accession to the EU in July 2013 , it was understood it would submit new legislation which was compatible with European law . However , on 5 March 2014 the Croatian government notified a draft bill which seeks to embolden the position of the monopoly and local operators . The draft bill still stipulates that only landbased casinos and betting operators can apply for a licence . ISP blocking is also proposed . The receipt of a Detailed Opinion from the EC stalled the legislative process .
CYPRUS
Regulated Gambling Products : Sports betting , horse race betting and lottery . Operator Type : OPAP have a monopoly over lottery operations ; sports betting licences are available to private operators . Status : Cyprus regulated online betting in July 2012 , although a licensing regime was not established until 2016 . Applications for online sports betting licences were accepted for a onemonth period only from 3 October to 3 November 2016 . Following the closure of the licensing window , the government announced they would implement blocking measures with the publication of a blacklist , and warned local ISP providers that it would face fines for failures to block sites offering unlicensed gambling products . The first sports betting licence was granted in January 2017 .
CZECH REPUBLIC
Regulated Gambling Products : Sports betting , horse race betting , poker , casino , bingo and lottery . Operator Type : EU and EEA-based operators are able to apply for licences . Status : Amendments to Czech Republic ’ s gambling legislation became effective on 1 January 2017 , and allow EU / EEA companies to apply for online licences . A delay in issuing detailed secondary regulations meant that no applicants were granted licences ahead of the introduction of the licensing regime . The first licence was granted on 28 January 2017 . No transitional / grace period for licence
60 iGB Affiliate Issue 62 APR / MAY 2017