WRITTEN QUESTION E-2885/01 by Juan Naranjo Escobar (PPE-DE) to the Commission. Gambling on the Net.
Date: 2001-10-22
Institutions: European Parliament, Provisional data
Subjects: Internet, approximation of laws, consumer protection, electronic commerce, gaming, single market

4.4.2002

EN

Official Journal of the European Communities

C 81 E/211

(2002/C 81 E/251)

WRITTEN QUESTION E-2885/01

by Juan Naranjo Escobar (PPE-DE) to the Commission

(22 October 2001)

Subject: Gambling on the Net

Figures show that gambling on the Internet is one of the most flourishing of all Internet businesses. This
year, users will spend about 3 000 million dollars on bets, although this figure is dwarfed by analysts(cid:146)
forecast figures for 2015, namely 177 000 million dollars world-wide. The forecast rise in the number of
gamblers is equally spectacular. There are currently some 7 million, a million of them in Europe, but by
2005 are expected to be 15 million world-wide. Gambling sites, encouraged by these prospects, have
doubled in numbers over the last year, going from 800 last year to 1400.

However, most of the Member States have enacted no legislation governing gambling on the Internet. Nor
does Directive 2000/31/EC (1) on e-commerce contain any relevant provisions, although experts regard
gambling as simply another form of e-commerce.

Does the Commission intend to do anything to plug this gap in legislation, given that the size of the
turnover of the private virtual gambling sector demands some kind of legal guarantee?

(1) OJ L 178, 17.7.2000, p. 1.

Answer given by Mr Bolkestein on behalf of the Commission

(23 November 2001)

The Honourable Member notes that internet gambling is growing in amplitude. It is also true that Directive
2000/31/EC of the Parliament and of the Council of 8 June 2000 on certain legal aspects of information
((cid:145)Directive on electronic
society services,
commerce(cid:146)) (1) does not cover
the
Commission recognises that, following the jurisprudence of the Court of Justice certain gambling activities
fall under Article 49 (ex Article 59) of the EC Treaty. The same jurisprudence has also recognised the right
for Member States to restrict the cross-border provision of the gambling services examined.

information society service. However,

in particular electronic commerce,

in the Internal Market

this particular

form of

Within the context of its policy to establish an Internal Market for services and, more particularly, in the
framework of its Communication on (cid:145)An Internal Market Strategy for Services(cid:146) (2) that the Commission
adopted in 2000, the Commission will be examining whether and what form of harmonisation may be
required in this area. It should be noted in this respect that national lottery operators have also noted that
internet gambling activities are de facto cross-border in nature and thus require consideration at the
European level.

Finally, the Commission would wish to point out to the Honourable Member that internet gambling
activities are subject to national gambling laws since the latter make no distinction as to the media over
which a gambling service is advertised and/or offered. It follows that it is incorrect to suggest that such
activities are not already regulated. It is the fact that these activities are regulated differently across the
Member States that gives rise to Internal Market barriers that require consideration.

(1) OJ L 178, 17.7.2000.
(2) COM(2000) 888 final.