E.U. - One Rule For All
Published: Friday, December 01, 2006 Online-Casinos.com
ONE RULE FOR ALL
European Commission spokesman explains inclusive policy of EU to Bulgarian media
Speaking 0n Darik Radio in Sofia this week the European Commission's spokesman Oliver Drewes touched on a subject close to the heart of the international Internet gambling industry, emphasising that as a member of the EU, Bulgaria's gambling law must be inclusive in nature.
Speaking on behalf of the EC internal markets commissioner Charlie McCreevy, the official discussed individual State laws that could be seen as discriminatory and said EU policy is governed by the basic treaties binding member states together along with some case law of the Court of Justice.
"This means that each member State can have its own policy as long as basic treaty provisions are not violated," he said. "For example if you think of classical treaty obligations in respect of free movement of services that means that within the EU you can deliver services across borders. That is the basic freedom.
"On the other hand you can restrict that freedom for certain purposes, for example for protection of minorities or certain health concerns. That's generally accepted, also for prohibitive actions so that people don't get addicted or whatever. Member states can design their own policy in that respect but when they do so they have to really respect the principle of non-discrimination. So that when you introduce these restrictions they must apply to everybody in the same way."
In an implied reference to online gambling, Drewes addressed the question of some states blocking the provision of services with discriminatory practices and confirmed that the EC has initiated legal actions in up to ten cases involving at least nine member states.
He outlined the authority of individual states to enforce domestic legal measures to protect minors or problem gamblers, but again underlined the imperative that those measures should apply to all operators equally and not introduce discriminatory elements.
Drewes concluded by saying that it is not acceptable for preferential treatment to be given to certain operators and not to others.
"According to the treaty rules and principles you have to respect free movement of services. Of course you can apply certain restrictions, but they must apply without exceptions," he said, adding that where unfair discrimination is proved the EC will insist that the offending law is changed to bring it into line with EU requirements. He said that there were punitive measures, but that it was rarely necessary to apply these.
"Usually if the country does not change the law, a fine may be imposed," he said.
