According to several published reports, the European Union (EU) plans to resume trade talks with the United States Trade Representative's office over the US Department of Justice's pursuit of online-gambling firms and officials. The immediate problem is that the US representatives have repeatedly delayed scheduled meetings, the last one as recently as mid-August. Meanwhile, online companies, their employees and private citizens linger in a semi-illegal limbo; waiting for governmental officials to do their job.
The leader in keeping pressure on EU trade negotiators has been the Remote Gambling Association, which has also been the most reliable source of up to date information on the incredibly slow progress being made to resolve these trade issues that so strongly effecting the ability of citizens in the EU and US to legally access online poker sites. The EU has repeatedly stated that they intend to pursue this action and would even take the dispute to the World Trade Organization, however, inaction has been the hallmark of the entire negotiating process and it is at times difficult to discovery which side is dragging their collective feet the hardest.
The EU position is further complicated by the refusal of EU member states to respond to their own defiance of Commission regulations. It is difficult to hold the US to a standard that EU member nations will not comply with. Yet the EU Commission contents they are acting on all fronts to resolve these disputes and open the online markets to all consumers no matter where they or their servers reside.
Here is the most recent and comprehensive statement from the Remote Gambling Association.
Whilst a rigorous process within the European Commission (Commission) has been instituted to protect the EC Treaty, questions are now being raised about whether this process is working. Twelve to fifteen months after having received a Reasoned Opinion, the Commission’s final warning before the seizure of the European Court of Justice (ECJ), several Member States have still not taken any concrete legislative measures to amend their gambling laws and put an end to breaches of the EC Treaty. Instead, these States continue to unfairly restrict the free movement of services across the EU, strictly enforcing the domestic laws that are being challenged by the Commission through the infringement proceedings.
Despite having had several recent opportunities to do so, the Commission has failed to take the next step and bring these non-compliant Member States to the ECJ. The Remote Gambling Association (RGA) and the European Gaming and Betting Association (EGBA) the leading trade associations in Europe, are disappointed by these delays especially after the strong criticism voiced by the European Ombudsman in 2006, confirming that, regardless of political sensitivity, sports betting cases must be dealt in due time by the Commission, including the College of Commissioners.
Additionally, during an exchange of views with Members of the European Parliament on the 27th May 2008 within the Internal Market and Consumer Protection committee, Commissioner McCreevy confirmed his duty to enforce the decisions of the ECJ and to act when he receives a complaint. He also said “I am frustrated with the lethargy in moving forward with these
proceedings”.
Clive Hawkswood, Chief Executive of the RGA comments “Gambling has become a real test of the Commission’s ability to resist national protectionist pressures. More generally, it is the functionality and credibility of the Institution as Guardian of the EC Treaty that is at stake.”
According to Sigrid Ligné, Secretary General of the EGBA “Well-established and responsible online gaming and betting companies in the EU have had to endure unfair restrictions, discriminations and missed business opportunities for nearly a decade. Each undue delay to bring non-cooperative Member States before the ECJ distorts the internal market, restricts consumer choice and results in incremental costs and damages to many European companies. More than ever, the Commission needs to demonstrate that it can and will enforce the Treaty that it was put in place to protect.”
8 August 2008 Press Release (USA)
26 June 2008 Press Release (EU)
10 March 2008 Press Release (USA)
