iGB Affiliate 68 April/May | Page 66

EUROPEAN REGULATION In conjunction with Chris Elliott and Beth French of Wiggin LLP, iGB Affiliate provides a regulatory snapshot of igaming across the EU, including all regulated products, legalised operator types and market updates 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, Casinos Austria, which has exclusive rights until 2027. Status: In 2016, national courts reached conflicting decisions on the compatibility of Austria’s current gambling legislative framework with EU law, which remains unclear. The Austrian Ministry of Finance recently opened a public consultation on amendments to the Gambling Act, which would introduce ISP-blocking measures and an express provision rendering gambling contracts contrary to the Gambling Act void. The consultation ends on 8 March, 2018. and players are in place. A draft bill containing responsible gambling measures is being reviewed by the Belgian Council of State. 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 except for lotteries, which are reserved exclusively for the monopoly provider. Status: Any operator from an EU/EEA jurisdiction or the Swiss Confederation can apply for a licence. The Bulgarian regulator has awarded approximately 20 licences to date, including to a number of international operators. The change from a turnover to a GGR tax-based system has prompted a number of local licence applications. BELGIUM 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, which are reserved exclusively for the monopoly provider. However, online operators need to partner with local casinos in order to satisfy the land-based establishment requirement; alternatively, apply for one of the 34 retail licences (F1 licences) that can be extended to cover online (F1+ licence). Status: There remain valid arguments that the existing regime is incompatible with Belgium’s EU Treaty obligations. The introduction of VAT at 21% of GGR for online games of chance in 2016 may also be subject to legal challenge. Active enforcement measures against operators Regulated Gambling Products: Sports betting, horse race betting, poker, casino, bingo and lottery. Operator Type: All products are available to private operators except for lotteries, which are 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 2013, it was understood it would submit new legislation that was compatible with EU law. However, on 5 March, 2014, the Croatian government notified a draft bill to embolden the position of the monopoly and local operators, giving rise to further incompatibility issues. The receipt of a detailed opinion from the EC stalled the legislative process. 62 iGB Affiliate Issue 68 APR/MAY 2018 CYPRUS Regulated Gambling Products: Sports betting, horse race betting and lottery. Operator Type: OPAP has 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 one-month period only from 3 October, 2016. ISPs are obliged to implement blocking measures to prohibit Cypriot residents from accessing unlicensed gambling websites. Cyprus has notified new draft gambling legislation to the EC in response to concerns about the equal treatment of gambling operators in the country. The Betting Law of 2017 was submitted to the EC on 28 June, which, among other things, sought to remedy an infringement identified by the EC in 2012. However, the EC and Malta issued comments against the draft, with Cyprus given three months to respond. 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 republic’s gambling legislation became effective on 1 January, 2017, and allows EU/EEA companies to apply for online licences. The first international operator licence was granted on 28 January, 2017. The licensing regime has recently been called into question after at least one operator announced it would no longer pursue a licence, citing the current regime as incompatible with EU law. There is no transitional/grace period for licence applicants while awaiting full licensure. DENMARK Regulated Gambling Products: Sports betting, fantasy sports, horse race betting, poker, casino, bingo and lottery.