iGB Marketplace Directory 2016/17 | Page 14

EUROPEAN REGULATION European Regulation In conjunction with Chris Elliott and Jane Ashford-Thom of Wiggin LLP, iGaming Business provides a regulatory snapshot of iGaming markets across the EU. This includes regulated products and legalised operator types within e ach country, and any impending 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, Austria Lotteries. Status: A recent appeal challenging Austrian tax legislation is seen as a test case by other offshore operators targeting Austrian business. The Member State has proposed changes to its regulations (notably a ban on in-play betting) to help curb match fixing, measures which the Austrian Bookmakers Association has agreed to implement. Recent 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 land-based establishment requirement; or alternatively, apply for one of the 34 retail licences (F1 licences) which can be extended to cover online (F1+ licence). Status: Further restrictions and a tightening of 14 | Marketplace 2016/17 Sponsored by the legal framework is also proposed, with three decrees having been notified to the EC. 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 announced its intention to apply VAT of 21% on gambling transactions, although the full implications of the proposed tax remain unclear, including whether it would apply to online gambling. 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