19 Amendments of Simon BUSUTTIL related to 2011/2084(INI)
Amendment 1 #
Motion for a resolution
Citation 4
Citation 4
– having regard to the relevant case law of the Court of Justice of the European Union1, __________________ 1 In particular the judgments in the following cases: Schindler 1994 (C- 275/92), Gebhard 1995 (C-55/94), Läärä 1999 (C-124/97), Zenatti 1999 (C-67/98), Anomar 2003 (C-6/01), Gambelli 2003 (C- 243/01), Lindman 2003 (C-42/02), Fixtures Marketing Ltd v OPAP 2004 (C-444/02), Fixtures Marketing Ltd v Svenska Spel AB 2004 (C-338/02), Fixtures Marketing Ltd v Oy Veikkaus Ab 2005 (C-46/02), Stauffer 2006 (C-386/04), Unibet 2007 (C-432/05), Placanica and others 2007 (C-338/04, C- 359/04 and C-360/04), Kommission v Italien 2007 (C-206/04), Liga Portuguesa de Futebol Profissional 2009 (C-42/07), Ladbrokes 2010 (C-258/08), Sporting Exchange 2010 (C-203/08), Sjöberg and Gerdin 2010 (C-447/08 and C-448/08), Markus Stoß and others 2010 (C-316/07, C-358/07, C-359/07, C-360/07, C-409/07 and C-410/07), Carmen Media 2010 (C- 46/08) and, Engelmann 2010 (C-64/08), Neukirchinger 2011 (C-382/08), Webb 1981 (C-279/80) and Canal Satélite Digital SL 2002 (C-390/99).
Amendment 15 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas gambling services fall under Article 56 TFEU and are thus covered by the rules on the provision of services,
Amendment 18 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas gambling services are subject to a number of EU acts such as the Audiovisual Media Services Directive, the Unfair Commercial Practices Directive, the Distance Selling Directive, the Anti- Money Laundering Directive, the Data Protection Directive, the Directive on privacy and electronic communication, and the Directive on the common system of value added tax,
Amendment 23 #
Motion for a resolution
Recital C
Recital C
C. whereas market fragmentation not only makes it difficult for regulated providers to supply legal offeringprovide lawful gaming services on a cross- border basis, but also makes it virtually impossible to protect consumers and combat the crime associated with gambling,
Amendment 38 #
Motion for a resolution
Recital E
Recital E
E. whereas Article 56 TFEU guarantees the freedom to provide services, but Internet gambling was expressly exempted from the Services Directive because it is not a normal service,
Amendment 47 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas gambling is an economic activity to which internal market rules, namely freedom of establishment and freedom to provide services, apply; while restrictive measures imposed by Member States must be justified, appropriate, proportionate and necessary as laid down by the case-law of the Court of Justice,
Amendment 48 #
Motion for a resolution
Recital G
Recital G
G. whereas Internet gambling and betting involve a greater risk of addiction and dangers thans with traditional physical, location- based gambling,
Amendment 59 #
Motion for a resolution
Recital H
Recital H
H. whereas gambling represents a considerable source of revenue for thewhich Member States, for can channel to publicly beneficial and charitable purposes and for the funding of sport,
Amendment 79 #
Motion for a resolution
Paragraph 1 – point 2
Paragraph 1 – point 2
(2) contain the illegal gambling market"black market" as defined in the Commission Green Paper,
Amendment 96 #
Draft opinion
Paragraph 1 – point 7 a (new)
Paragraph 1 – point 7 a (new)
(7a) that gaming is kept free from crime, fraud and any form of money laundering;
Amendment 98 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underscores the standpoint of the European Court of Justice12, that the 12 Carmen Media 2010 (C-46/08). 12 Carmen Media 2010 (C-46/08). Internet is simply aa unique channel for offering games of chance with sophisticated technologies that can be used to protect consumers and to maintain public order;
Amendment 110 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is of the opinion that attractive, legalwell regulated provision of gambling offeringservices on the Internet could considerably rein in the unlicensed black market and also increase government revenue;
Amendment 118 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Rejects, accordingly, any European legislative act uniformly regulating the entire gambling market, but nonetheless takes the view that, in some sectors, a uniform European approach would be appropriateTakes the view that, a common and consistent European approach would be appropriate to regulate the gambling sector in Europe and to provide European consumers with a minimum standard of consumer protection which is essential given the cross-border nature of online gambling services;
Amendment 142 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Insists, however, that Member States which open up the Internet gambling market must ensure complete transparency and make non-discriminatory competition possible; suggest, in this instance, to the Member States that they introduce a licensing model which makes it possible for any European gambling provider meeting the conditions imposed by Member States to apply for a licence and which avoids additional administrative burdens by avoiding the duplication of requirements and controls;
Amendment 153 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is of the opinion that the principle of mutual recognition of licences on the gambling market does not apply, but that nevertheless, in keeping with the internal market, simplified licence application procedures should be set up in someduly recognizing requirements and controls that have been carried out in other Member States;
Amendment 164 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls - in keeping with the principle of ‘active subsidiarity’ - for a common regulatory framework laying down binding high-level minimum standards with regard to preventing gambling addiction and betting fraud and to protecting young people; states that, where a provider complies with those minimum standards, the other Member States should recognise this accordingly, but may set further conditions; is of the opinion that a pan- European code of conduct for Internet gambling could be a first step;
Amendment 186 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission and the Member Sts guardian of the Treaties, into concert,tinue to carry out effective checks on compliance with the conditions set by Member StatesEU law and to penalise infringements;
Amendment 218 #
Draft opinion
Paragraph 14
Paragraph 14
14. Calls on the Commission and the Member States to take note of studies already conducted in this field and furthermore collect and publish statistics on Internet gambling markets and gambling addiction in the EU;
Amendment 258 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Commission to assess the possibilities for an independently functioning model of financing sports with the least burden on the gaming industry to ensure a sustainable funding model for sports events;