The draft Belgian e-gaming Legislation has been rejected by the European Commission primarily on the grounds that it restricts the online gaming and betting market to operators established in Belgium. This is a clear violation of EC Treaty provisions as it ‘wrongly denies that many online gaming operators are effectively regulated, licensed and controlled elsewhere in the EU’, said Maarten Haijer, the EGBA (European Gaming and Betting Association) Director of Regulatory Affairs. He continued: ‘As several jurisdictions in the EU already prove, it is possible to guarantee a high level of consumer protection and have a well-regulated and competitive online gaming and betting market at the same time.’ There were various other factors which resulted in the Commission rejection namely the unjustified limitation of the number of available licenses, the unjustified restriction on the freedom to provide services as well as the criminal sanctions on consumers who wish to pay with EU licensed operators.

The rejection of this legislation came only a few weeks after the European Commission rejection of the draft French legislation. Both draft legislations viewed online gaming and betting as a national market and both also intended to introduced ISP blocking to prevent customers from playing with EU licensed and regulated operators.

Belgium has been granted until 30 July 2009 to comply and if it ignores the Commission’s views and adopts the legislation, infringement proceedings may immediately be launched.
 

source - www.mrgc.com.mt