France has been urged by the European Commission to review the bill regarding the opening of the French remote gambling market on which, following its notification, the Commission rendered a detailed opinion last June 8. In order to ensure the bill's compatibility with European law, the French authorities are urged to clarify and amend some of its provisions.
The first objection relates to article 16 of the
bill and the system put in place for issuing
licences which, according to the Commission,
restricts the freedom to provide services (Art 49 EC
Treaty). To ensure compatibility with European law,
request is made to the French authorities to clarify
to which extend they will take into account the
requirements of the legal system under which the
operator is already licensed.
The second objection pertains to Article 52 of the
bill, providing for an obligation for all licensed
operators to obtain consent from the operating right
owner of the sport event which, according to the
Commission, could constitute a restriction to the
freedom to provide services, as the betting offer
would become less attractive.
The third remark questions the justification of article 8 of the bill: French
Government has to prove the necessity of the restriction
according to which a maximum payback ratio is foreseen -
provision considered by the Commission as constituting an
infringement to the freedom to provide services. In this
respect, the French legislators are urged to adduce evidence
concerning the link between the rate of return and fight against
addiction.
The last objection is related to article 39 of the bill which
states for an obligation to have a fiscal representative
established in France which might also constitute a restriction
to the freedom to provide services, even despite the
argumentation given by the French Government according to which
this disposition is meant to ensure an effective fiscal
supervision - an argumentation not being accepted, considering
that such an obligation is disproportionate and can be replaced
by a less restrictive measure.
This opinion obliges France to postpone the adoption of the law
for one additional month with new deadline set to the 8 of July.
If the French Government does not modify the bill by the given
date or ignores the EC opinion, it runs the risk that the
Commission decides to launch an infringement procedure.
Source - www.yogonet.com / www.GamingLaw.eu
