BETA

57 Amendments of Sirpa PIETIKÄINEN related to 2012/2322(INI)

Amendment 11 #
Motion for a resolution
Citation 4 a (new)
- having regard to the case-law developed by the Court of Justice of the European Union, whereby in the specific area of the organisation of games of chance, the Court notably recognizes consumer protection, the prevention of both fraud and incitement to squander on gaming, as well as the general need to preserve public order as reasons of overriding general interest that may justify restrictions on the freedom to provide services1,
2013/04/18
Committee: IMCO
Amendment 12 #
Motion for a resolution
Citation 4 b (new)
- having regard to its resolution of 10 March 2009 on the integrity of online gambling,
2013/04/18
Committee: IMCO
Amendment 13 #
Motion for a resolution
Citation 4 c (new)
- having regard to its resolution of 14 October 2011 on online gambling in the Internal Market,
2013/04/18
Committee: IMCO
Amendment 14 #

paragraph 67; Case C-42/07Liga Portuguesa, paragraph 56; Joined Cases C 316/07, C 358/07 to C 360/07, C
- having regard to its resolution of 11 March 2013 on match-fixing and corruption in sports,
2013/04/18
Committee: IMCO
Amendment 15 #
Motion for a resolution
Citation 4 e (new)
- having regard to the Council conclusions of 10 December 2010 and the progress reports of the French, Swedish, Spanish and Hungarian Presidencies on the framework for gambling and betting in the EU Member States,
2013/04/18
Committee: IMCO
Amendment 19 #
Motion for a resolution
Recital - A (new)
1 2 -A. whereas Article 35 of the Charter of Fundamental Rights of the European Union establishes the obligation to protect OJ C 87 E, 1.4.2010, p.30. (2013/2567(RSP)). human health in the definition and implementation of all the Union's policies and activities;
2013/04/18
Committee: IMCO
Amendment 20 #
Motion for a resolution
Recital - A a (new)
- Aa. whereas the Article 169 of the TFEU obliges the EU to ensure high consumer protection;
2013/04/18
Committee: IMCO
Amendment 21 #
Motion for a resolution
Recital - A b (new)
- Ab. whereas the online gambling sector is different from other sectors on account of the risks involved in terms of protecting consumers from addiction and fraud and fighting against organised crime such as money-laundering and match-fixing;
2013/04/18
Committee: IMCO
Amendment 22 #
Motion for a resolution
Recital - A c (new)
- Ac. whereas online gambling, if not properly regulated, may involve a greater risk of addiction than traditional offline gambling, owing inter alia to increased ease of access and the absence of social control;
2013/04/18
Committee: IMCO
Amendment 23 #
Motion for a resolution
Recital - A d (new)
- Ad. whereas, on these grounds, online gambling is an economic activity of special nature, wherefore certain internal market rules, including the freedom of establishment and the freedom to provide services, and the principle of mutual recognition, do not preclude a sufficient degree of latitude to determine, inter alia, necessary measures for the protection of players;
2013/04/18
Committee: IMCO
Amendment 28 #
Motion for a resolution
Recital A
A. whereas, in the absence of harmonisation and with due regard to the principle of subsidiarity, the Member States maintain a margin of discretion to regulate online gamblinghave the right to determine how the offer of online gambling services is organised and regulated in accordance with their own values and pursued objectives of general interest, while observing Union law;
2013/04/18
Committee: IMCO
Amendment 44 #
Motion for a resolution
Recital B a (new)
Ba. whereas Article 56 TFEU guarantees the freedom to provide services and whereas nevertheless, as a consequence of its particular nature, online gambling was exempted from the E-Commerce, Services and Consumer Rights Directives;
2013/04/18
Committee: IMCO
Amendment 47 #
Motion for a resolution
Recital B b (new)
Bb. whereas gambling represents a considerable source of revenue, which most Member States channel to publicly beneficial, solidarity and charitable purposes such as grassroot sport funding;
2013/04/18
Committee: IMCO
Amendment 48 #
Motion for a resolution
Recital C
C. whereas the Court of Justice of the European Union (CJEU) has confirmed that the provision of games of chance or gambling is an economic activity, which consequently falls within the scope of fundamental freedoms of the TFEU, notably the free movement of services, and any restrictions imposed thereto need to comply with those provided for by the TFEU, notably under Articles 51 and 52;deleted
2013/04/18
Committee: IMCO
Amendment 65 #
Motion for a resolution
Recital D
D. whereas the risks involved in terms of consumer protection, fraudposed by illegal online gambling offer to consumers and the need for the prevention of fraud and law enforcement against illegal activities, such as money laundering and match fixing, require coordinated action at EU level;
2013/04/18
Committee: IMCO
Amendment 75 #
Motion for a resolution
Recital F
F. whereas a comprehensive overview of the online gambling marketsector, in terms of information and data regarding domestic and cross-border, intra-EU and global, authorised and unauthorised offer, is currently missing;
2013/04/18
Committee: IMCO
Amendment 84 #
Motion for a resolution
Subheading -1 (new)
Specific nature of the online gambling sector and consumer protection (This is the heading of the new first chapter of the report)
2013/04/18
Committee: IMCO
Amendment 85 #
Motion for a resolution
Paragraph -1 a (new)
-1a. Acknowledges that gambling is not an ordinary economic activity due to its potentially negative social impacts, such as compulsive gambling;
2013/04/18
Committee: IMCO
Amendment 86 #
Motion for a resolution
Paragraph -1 b (new)
-1b. Stresses that due to the special nature of the online gambling sector, the protection of human health and consumers should be the main guiding principle when EU-level recommendations and national legislation are made;
2013/04/18
Committee: IMCO
Amendment 87 #
Motion for a resolution
Paragraph -1 c (new)
-1c. Recognizes that special attention has to be paid to the protection of consumers and human health and prevention of harmful effects;
2013/04/18
Committee: IMCO
Amendment 88 #
Motion for a resolution
Paragraph -1 d (new)
-1d. Considers that the main elements to ensure the protection of players should include the following: mechanisms for unambiguous identification of the players, measures to ensure a single account use only, self-imposed gambling limits and self-exclusion mechanisms based of the interoperability of national registers;
2013/04/18
Committee: IMCO
Amendment 89 #
Motion for a resolution
Paragraph -1 e (new)
-1e. Stresses that, on the one hand, providers of online gambling should in all cases respect the national laws of the Member States in which they operate and, on the other hand, that Member States should retain the right to impose restrictions they deem necessary and justified to address illegal online gambling in order to implement national legislation and exclude illegal providers from market access;
2013/04/18
Committee: IMCO
Amendment 90 #
Motion for a resolution
Paragraph -1 f (new)
-1f. Calls on the Commission to continue to explore actions at the EU level to protect vulnerable consumers, including cooperation between national competent authorities; (This is paragraph 11 of the original draft report.)
2013/04/18
Committee: IMCO
Amendment 91 #
Motion for a resolution
Paragraph -1 g (new)
- 1g. Stresses that the expert group on gambling services should make particular effort to protect minors and limit as much as possible their access to online gambling sites;
2013/04/18
Committee: IMCO
Amendment 92 #
Motion for a resolution
Paragraph -1 h (new)
-1h. Believes that compulsive gambling requires additional research and data, and therefore calls on all Member States to carry out further studies to understand problem gambling; (This is paragraph 12 from the original draft report.)
2013/04/18
Committee: IMCO
Amendment 98 #
Motion for a resolution
Paragraph 1
1. Recognises that the Member States, in accordance with the principle of subsidiarity, have the right to determine how the offer of online gambling services is to be organised and regulated at the national level, while observing the basic EU Treaty principles;
2013/04/18
Committee: IMCO
Amendment 111 #
Motion for a resolution
Paragraph 1 a (new)
1a. Notes that the Commission has sent letters to a number of Member States asking detailed information on their current gambling legislation; Calls on the Commission to continue the dialogue with Member States;
2013/04/18
Committee: IMCO
Amendment 116 #
Motion for a resolution
Paragraph 2
2. Welcomes the Commission's priority to make substantial progress on the infringement cases and complaints brought against a number of Member States, some of which have been dormant since the beginning of 2007;deleted
2013/04/18
Committee: IMCO
Amendment 134 #
Motion for a resolution
Paragraph 3
3. Calls on the Commission to continue to carry out effective checks onmonitor and enforce compliance with EU law of national laws and practices, and to take legal action against gambling monopolies that do not reduce gambling opportunities or limit promotional activities for gambling in a consistent manner, in line with CJEU case-those Member States who appear to breach EU law;
2013/04/18
Committee: IMCO
Amendment 150 #
Motion for a resolution
Paragraph 4
4. Notes the risks associated with a general prohibition of online gambling services and with excessive restrictions for consumers; calls on the Commission and the Member States to weigh, as part of the work of the group of experts on gambling services, the social costs of permitting regulated gambling activities against the harmful effects of consumers resorting to illicit markets;deleted
2013/04/18
Committee: IMCO
Amendment 167 #
Motion for a resolution
Paragraph 5
5. Emphasises that those Member States that choose to open up their online gambling marketsector must provide for a transparent procedure based on objective and non-discriminatory criteria, in full compliance with EU law;
2013/04/18
Committee: IMCO
Amendment 174 #
Motion for a resolution
Paragraph 5 a (new)
5a. Stresses the importance of jointly defining the notion of legal operators so that Member States only authorize operators who fulfil at least the following requirements and are thus considered to be legal: (a) the operator must have a licence issued in the Member State of the player, (b) the operator seeking authorization in one Member State does not breach the law in any other Member State of the European Union, (c) the operator is in compliance with Union law.
2013/04/18
Committee: IMCO
Amendment 176 #
Motion for a resolution
Paragraph 5 b (new)
5b. Invites the Member States to oblige the operators working with a licence of the Member States to carry in a prominent position the logo of the regulatory authority on its website;
2013/04/18
Committee: IMCO
Amendment 178 #
Motion for a resolution
Paragraph 5 c (new)
5c. Notes that the availability of the legal and responsible online gambling services may diminish the social costs of the harmful and undesirable effects of gambling activities; (This amendment is similar to original paragraph 10.)
2013/04/18
Committee: IMCO
Amendment 185 #
Motion for a resolution
Paragraph 6
6. Calls on the expert group on gambling services and on the Commission to facilitate, as much as possible, the flow of data between regulators in theamongst Member State's regulators in order to allow forrender possible the establishment of a commonefficient system fors of identifying players and to makeication of players, enforcement measures against illegal operators, white lists and black lists, and self- exclusion mechanisms that include personal gambling limits, applicable throughout the EU;
2013/04/18
Committee: IMCO
Amendment 192 #
Motion for a resolution
Paragraph 6 a (new)
6a. Calls on the Commission to explore with Member States the possibilities to create EU-wide interoperability between national self-exclusion registers that include personal gambling limits, accessible by national authorities and licensed gambling operators, so that any customer self-excluding or surpassing one's gambling limits at one gambling operator has the opportunity to automatically be excluded from all other licensed gambling operators; (This is paragraph 13 from the original draft report.)
2013/04/18
Committee: IMCO
Amendment 197 #
Motion for a resolution
Paragraph 6 b (new)
6b. Takes the view that common standards for online gambling should address the rights and obligations of the service provider and the consumer; including ensuring a high level of protection for players, particularly minors and other vulnerable persons and; Encourages the European gambling operators' associations to develop and adopt self- regulatory codes of conduct, including inter alia the obligation to observe the laws in all Member States and rules to avoid inappropriate advertisement; (This is paragraph 15 from the original draft report.)
2013/04/18
Committee: IMCO
Amendment 199 #
Motion for a resolution
Paragraph 6 c (new)
6c. Calls on the expert group on gambling services and the Commission to facilitate as much as possible the flow of data amongst Member State's regulators in order to render possible the establishment of efficient, obligatory and reliable systems of identification of players, enforcement measures against illegal operators, white lists and black lists, and self exclusion mechanisms that include personal gambling limits, applicable throughout the EU;
2013/04/18
Committee: IMCO
Amendment 211 #
Motion for a resolution
Paragraph 8
8. Stresses the importance for the expert group to work towards more transparent procedures and removing unnecessary administrative burdens in Member States that prevent legal online operators from offering their services to consumers;
2013/04/18
Committee: IMCO
Amendment 220 #
Motion for a resolution
Paragraph 8 a (new)
8a. Notes that self-regulatory initiatives can serve as good contributions for identifying the content of common standards; Reaffirms its position that, in as sensitive area as gambling, industry self-regulation can only complement but not replace national regulations; (This is paragraph 19 from the original draft report.)
2013/04/18
Committee: IMCO
Amendment 221 #
Motion for a resolution
Paragraph 9
9. Believes that national regulators should be able to agree on equivalence clauses that would facilitate the application of national licenses, including agreement on technical standards for gaming equipment;deleted
2013/04/18
Committee: IMCO
Amendment 232 #
Motion for a resolution
Paragraph 9 a (new)
9a. Recommends the introduction of uniform and pan-European common standards for electronic identification and cross border e-verification services; (This is paragraph 16 in the original draft report.)
2013/04/18
Committee: IMCO
Amendment 235 #
Motion for a resolution
Subheading 3
Consumer protectiondeleted (This chapter is included in the first chapter.)
2013/04/18
Committee: IMCO
Amendment 237 #
Motion for a resolution
Paragraph 10
10. Agrees with the Commission that a fair offer of gambling services is necessary for consumer protection, because in its absence consumers are more likely to turn to unreliable gambling websites;deleted (This paragraph is moved under second Chapter.)
2013/04/18
Committee: IMCO
Amendment 258 #
Motion for a resolution
Paragraph 11
11. Calls on the Commission to continue to explore measures at the EU level to protect vulnerable consumers, including formalised cooperation between regulators, and the introduction of an online trustmark for legal operators;deleted (This paragraph is moved to the first Chapter.)
2013/04/18
Committee: IMCO
Amendment 276 #
Motion for a resolution
Paragraph 12
12. Believes that the unquantifiable scope of compulsive gambling points to the need for additional research and data, and therefore calls on all Member States to carry out further studies to understand problem gambling;deleted (This paragraph is moved under the first Chapter)
2013/04/18
Committee: IMCO
Amendment 291 #
Motion for a resolution
Paragraph 13
13. Calls on the Commission to consider legislation to create an EU-wide self- exclusion register, accessible by national authorities and licensed gambling operators, so that any customer who chooses to exclude him- or herself from one gambling operator has the opportunity to be automatically self- excluded from all other licensed gambling operators;deleted (This paragraph is moved under the first Chapter.)
2013/04/18
Committee: IMCO
Amendment 309 #
Motion for a resolution
Paragraph 14
14. Notes that the workshop agreement published in February 2011 by the European Committee for Standardisation (CEN)1 could serve as a basis for identifying the content of common standards; 1 deleted (This paragraph is moved under the third CWA 16259:2011. Chapter.)
2013/04/18
Committee: IMCO
Amendment 325 #
Motion for a resolution
Paragraph 15
15. Takes the view that common standards for online gambling should address the rights and obligations of both the service provider and the consumer, including by means of measures to ensure a high level of protection for players, particularly minors and other vulnerable persons, and the prevention of misleading advertisements;deleted (This paragraph is moved under the first Chapter.)
2013/04/18
Committee: IMCO
Amendment 347 #
Motion for a resolution
Paragraph 16
16. Recommends the introduction of uniform and pan-European common standards for electronic identification and cross border e-verification services; notes that the different registration procedures across the EU undermine regulated operators, and can push consumers into the hands of illegal operators; calls, therefore, for registration and identification procedures to be streamlined and made more efficient;deleted (This paragraph is moved to the third chapter.)
2013/04/18
Committee: IMCO
Amendment 369 #
Motion for a resolution
Paragraph 17
17. Stresses the fact that online gambling is a non-cash-based environment and that – given the dependency on third-party financial service providers – additional safeguards against money laundering can be found in the EU's regulatory framework for establishing and licensing financial service providersare needed; Notes the Commission's proposals for legislation to further strengthen the EU's defences against money laundering;
2013/04/18
Committee: IMCO
Amendment 375 #
Motion for a resolution
Paragraph 17 a (new)
17a. Emphasises that solid registration and unambiguous verification systems are key tools in preventing any misuse of online gambling, such as money laundering; identity verification can take advantage of already existing and developing online structures, such as bank and credit card online verification systems;
2013/04/18
Committee: IMCO
Amendment 381 #
Motion for a resolution
Paragraph 17 b (new)
17b. Stresses that it is an absolute necessity to prevent any player from creating more than one gaming account per company;
2013/04/18
Committee: IMCO
Amendment 383 #
Motion for a resolution
Paragraph 17 c (new)
17c. Insists that a registration process needs to include, as a mandatory feature and set and defined by the player, maximum loss limits covering a certain time period; at minimum level this feature must be present in games with short event frequency;
2013/04/18
Committee: IMCO
Amendment 384 #
Motion for a resolution
Paragraph 17 d (new)
17d. Takes the view that all the online gambling companies operating in the EU area need to be registered as legitimate entities in the EU;
2013/04/18
Committee: IMCO
Amendment 385 #
Motion for a resolution
Paragraph 17 e (new)
17e. Stresses that all the Member States have to identify and designate the responsible public authority in charge of monitoring online gambling; the authority will also be authorised to intervene should any suspicious online gambling appear; gaming companies should also be required to inform the authority about any suspicious gaming activity;
2013/04/18
Committee: IMCO
Amendment 386 #
Motion for a resolution
Paragraph 17 f (new)
17f. Emphasises the need for close cooperation between national and EU authorities in preventing any criminal activity and problem gambling;
2013/04/18
Committee: IMCO