Belgium lawmakers propose controversial new gambling legislation

The proposal of a new gambling law in Belgium has stirred up controversy amongst members of the gaming community. The proposed legislation will require applicants to obtain an offline gaming license before seeking an Internet license for online services. The move has generated objections from numerous associations who have issued a formal complaint with the European Commission. The Gambling Association (RGA) and European Gaming and Betting Association (EGBA) have joined forces to ensure that the law does not come into force and have argued that the legislation would amount to the unreasonable restriction of activity.

Belgium lawmakers, however, continue to assert their right to determine the course of Belgium’s gambling legislation. Authorities have pointed to the Santa Casa’ ECJ ruling involving State-controlled Portuguese gambling monopoly which set a precedent for ‘consumer protection’ driven policies. The European Commission has raised doubts as to whether the legislation complies with EU regulations.
European Commissioner, Michel Barnier, noted that the Santa Casa ruling was a case specific ruling and should not be used as an example.

Meanwhile Clive Hawkswood, chief executive officer for the RGA, contested the motives of the lawmakers. “If consumer protection was the real concern, licenses would be granted on the basis of objective criteria assessing the social responsibility of operators”. He went on to say that the proposed measures are “driven by protectionism rather than genuine concern for consumers” and called for action from the Commission to “remedy this abuse." It remains to be seen how the dispute will be resolved. All members of the gaming industry will no doubt be monitoring its progress very closely indeed.