THE FRENCH ONLINE GAMBLING REGULATION BILL SPORTS BETTING HORSE RACING BETTING POKER PUBLIC INFORMATION

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1 THE FRENCH ONLINE GAMBLING REGULATION BILL SPORTS BETTING HORSE RACING BETTING POKER PUBLIC INFORMATION

2 PRESENT SITUATION OF GAMBLING IN FRANCE General Prohibition (by 3 acts of Parliament) Legal Exceptions 2 3 Gambling clubs (cercles) Casino games in physical casinos Lotteries Sports betting (pool & fixed-odds) Horse racing betting (pool only) «Jeux de cercle» including Poker Casino table games Poker Slot machines FDJ Offline & Online lotteries FDJ Offline & Online sportsbetting (fixed odds & tote) PMU Offline & Online horse racing Betting (tote) MONOPOLIES Gross Product ~2.600 M Small charity & Promotional lotteries stakes ~ M stakes ~9.500 M sites offering illegal gambling 20 % in French 75 % of stakes on Internet from France are registered on illegal sites 1

3 THE EXISTING REGULATION AUTHORITIES HOME MINISTRY MINISTRY OF BUDGET AGRICULTURE MINISTRY & BUDGET MINISTRY «Jeux de cercle» including Poker Casino table games Poker Slot machines FDJ Offline & Online lotteries FDJ Offline & Online sportsbetting (fixed odds & tote) PMU Offline & Online horse racing Betting (tote) 2

4 TODAY MANY GAMES ARE PROHIBITED IN FRANCE No online casinos No slot machines outside casinos No permanent charity lotteries No commercial bingo halls (except small charity bingo establishments) No live betting No exchange betting No spread betting No betting other than sportsbetting and horse racing betting No promotional lotteries with an obligation to buy a product or a service 3

5 CONSEQUENCES OF THE DEVELOPMENT OF ILLEGAL INTERNET GAMBLING The French gambling regulations are challenged by the European Commission which opened infringement proceedings against France because of its sportsbetting and horse racing betting regulations Consequences of ineffective public control over illegal internet gambling : Prohibition of gambling for minors is not guaranteed Fight against gambling addiction suffers No protection of players against risks (cheating, fraud, etc ) Ethics of sports and horse racing not properly protected No funding of good causes through online gambling (except FDJ & PMU) Unfair competition between legal operators paying taxes and illegal operators paying almost no taxes 4

6 BILL PURPOSE The goal is not financial but: Fight against addiction Protection of minors Fight against fraud, crime and money laundering Ensuring the integrity of gambling Requirement to organize public control of gambling Competition under strict public control governed by national licences Competition open for Internet gambling; where illegal activity is developed For the 3 most popular sectors, which are not too addictive if properly regulated: Poker Sportsbetting Horse Racing Betting 5

7 THE FUTURE SITUATION (expected June 1st, 2010) General Prohibition 1 Legal Exceptions Gambling clubs (cercles) Casino games in physical casinos Online Games of Chance Lotteries Sports betting (pool & fixed-odds) Horse racing betting (pool only) «Jeux de cercle» including Poker Casino table games Poker Slot machines No opening for online slot machines and table games such as roulette Monopolies Open to competition Online Poker Licensees 5 years License type 1 FDJ Offline & Online lotteries Small charity & promotional lotteries FDJ Offline sportsbetting (fixed odds & tote) including live betting No exchange betting No spread betting Betting on actual competitions and actual results Online sportsbetting (fixed odds & tote) Licensees 5 years License type 2 PMU Offline horse racing Betting (tote) Online horse racing betting (tote) Licensees 5 years License type 3 Betting on actual competitions and actual results 6

8 MANY GAMES WILL REMAIN PROHIBITED No online casinos No slot machines outside casinos No permanent charity lotteries No commercial bingo halls (except small charity bingos establishments) No exchange betting No spread betting No promotional lotteries with an obligation to buy a product or service 7

9 FDJ SITUATION AFTER THE VOTE OF THE ONLINE GAMBLING LAW FDJ Online Poker License Offline & Online lottery monopoly Offline sportsbetting (fixed odds & tote) monopoly Online sportsbetting (fixed odds & tote) License Monopolies Open to competition 8

10 THE ONLINE GAMBLING REGULATION AUTHORITY ARJEL: «Autorité de Régulation des Jeux En Ligne» Independent Authority for Online Gambling to regulate Internet gambling (not applicable for FDJ online lottery activity) ARJEL missions: write specifications grant 5 year licences to operators compliant with specifications homologate technical platforms verify operator compliance with technical standards and other specs Active role in the detection and fight against illegal sites cancel license when required 9

11 THE SPECIFICATIONS Bill provides the general characteristics. Details by decrees. General clauses applying to any type of gambling or betting: Protection of vulnerable persons and prevention of addictive behaviors Transparency and financial soundness of operators Regularity of the game Reliability and traceability of data involved Fight against fraud and money laundering Obligation to be established in Europe Headquarters outside the French list of fiscal paradises Access to technical and financial data for compliance verification Specific clauses, depending on the characteristics of each type of licence (horse racing betting, sportsbetting, poker) Sportsbetting only on real sport events and for given types of bets Horse racing betting only on authorized races Poker: liquidity restricted to players accessing a dedicated.fr site Any kind of payment including prepaid cards & PSP such as paypal 10

12 OBLIGATIONS FOR THE OPERATORS: Separate accounting for operator activities on the French territory Players have a bank account in the EU or in the EEA Operators have a bank account in the EU or in the EEA No obligation of residence for the players Operators have a permanent correspondant in France 11

13 TECHNICAL REQUIREMENTS.fr domain name access to any other domain must be blocked Required front-end: ARJEL Access FRONTEND Playing on the FDJ-website CERTIFIED ELECTRONIC SAFE BOX (*) storing sealed, ciphered secured & tamper proof data only readable by ARJEL Any location Collection on the fly normalized XML interface Players HOMOLOGATED DATA COLLECTOR (*) real time collection of data from betting & cash transaction Homologated Gambling operator s Server (*) *specific to each operator 12

14 THE FUTURE REGULATION ENTITIES HOME MINISTRY MINISTRY OF BUDGET AGRICULTURE MINISTRY & BUDGET MINISTRY ARJEL «Jeux de cercle» including Poker Casino table games Poker Slot machines FDJ Offline & Online lotteries FDJ Offline sportsbetting (fixed odds & tote) PMU Offline horse racing Betting (tote) Poker Licensees Online sportsbetting (fixed odds & tote) Licensees Online horse racing (tote) Licensees Monopolies Open to competition 13

15 GAMBLING MODERATORS The specifications will define moderators to protect from addiction: Stakes limitation Balance limitation Automatic transfer of balance in excess to bank account Time spent playing display Game session loss display Auto exclusion possible Casino banning procedure Limitation to advertising for gambling activities: Information on risk of gambling addiction Prohibition for publications, TV programs, cinema, online services meant for minors 14

16 ADIVISORY GAMBLING COMMITTEE An Advisory Gambling Committee will be created (CCJ: Comité Consultatif des Jeux) to enforce Responsible Gambling (RG) Policy: The CCJ will be a unique "moral" authority focused on responsible gambling for all gambling activities in France, both online and offline. It will centralise the data coming from the control authorities and the operators and will guarantee the coherence of the regulation in relation with its general objectives. 19 members Chairman is a member of the Parliament. Made of: a Gaming Observatory 2 consultative commissions: - one for casinos, - one for La Française des jeux and PMU. 15

17 FIGHT AGAINST ILLEGAL ONLINE GAMBLING Illegal Internet gambling severely punished: 3 years of imprisonment & fine 7 years & if the infraction committed by an organised gang Advertising for legal online gambling authorised in all media Advertising for illegal gambling prohibited: minimum fine of fine may reach 4 times the amount of the advertising budget Blocking bank transactions to illegal sites Blocking access to illegal sites 16

18 FIGHT AGAINST ADDICTION Part of the taxes allocated to prevention of gambling addiction to the National Institute for Prevention and Health Education (INPES) to finance its activities of information, screening and operation 17

19 SPORT INTEGRITY The integrity of the competitions will be better protected than today by: Limitation of bet types Closed list of horse races on which parimutuel betting authorized Fight against illegal sites with tools not used so far Rights granted to sport event organizers: - Involvement in the decision making process: - in the definition of the bet types and the events selected - requirements for protection of ethics & image of competitions - Property right: non exclusive agreements with the operators to grant rights to offer bets on End of the current situation where the major competitions are used as betting supports without any possibility for the organizers to interfere 18

20 TAXATION Taxation on Stakes, not on Gross Gaming Product (wagers minus payout) GGP may be taxed where the operator is established Same Tax rate for online & offline sportsbetting and horse racing betting The tax (including the levy for social security) is: 7,5% for sportsbetting and horse racing betting 2% for poker (with a maximum of 1 per deal for cash games) Good causes: A part of the 7,5% tax on sportsbetting and horse racing betting will be used to finance the fight against gambling addiction (information, screening and management) via the INPES A part of the 2% tax on poker will be used to finance the renovation of historic buildings through the Center of National Monuments 19

21 FUNDING OF SPORTS & HORSE RACING INDUSTRY Revenues for Sports for amateur and high level sports: - 1,3% of the stakes to the National Center for the Development of Sport (CNDS), increased to 1,5% in 2011 and 1,8% in for professionals: - Sponsorship authorized only if conflicts of interest are avoided - Non exclusive agreements with sport event owners property Revenues for Horse Racing Industry About 8% of the stakes 20

22 FINANCIAL RELATIONS BETWEEN PLAYER AND OPERATOR Player Monies for gambling Player s Gambling Account in in operator s books Winnings Bonus Operator Player Player s Account at at a EU/ EU/ EEC EEC Payment Service Provider (PSP): Banks, paypal, etc. etc. Prepaid cards All payment methods (cards, transfers, «prepaid» accounts) Bank tranfer to only one account Operator s Account at at a EU/EEC Bank 21

23 THE QUESTION OF GAMBLING TAXATION Stakes can be split in 3 parts: STAKES Winnings Public levies Gambling Organisation Two (*) bases of taxation (except VAT) are possible : Tax on Sales Tax on GGP - Gross Gambling Product (**) (*): we do not consider possible taxation of winnings (**): GGP equals stakes minus winnings 22

24 THE TWO TAX MODELS Tax on Sales Tax Taxon on sales sales (15%): (15%): Operator Margin at 10% Sales Net Net sales Tax on GGP Return to to players Sales Operator Return to to players Gambling Gross Product (GGP) Stakes are higher than the GGP; therefore taxation rate is lower (15%) compared to the one applicable to the GGP (60%). But in both cases, the final payout equals 75%. Tax Taxon on GGP GGP (60%): (60%): Operator

25 TAXATION MODELS PERFORMANCE Tax on GGP 100,00% 80,00% 60,00% 40,00% 20,00% 0,00% 10,00% 9,00% 8,00% 7,00% 6,00% 5,00% 4,00% Operator Margin Tax Return to players Tax on sales 100,00% 80,00% 60,00% 40,00% 20,00% 0,00% 10,00% 9,00% 8,00% 7,00% 6,00% 5,00% 4,00% Operator m argin Tax Return to players 24

26 TAXATION MODEL HAS DIRECT IMPACT ON RETURN TO PLAYERS ELASTICITY TAX ON SALES MODEL IS A GOOD WAY TO REGULATE PLAYER RETURN Returns to players Comparison - Tax on sales vs Tax on GGP 95,00% 90,00% 85,00% 80,00% 75,00% Return to players (tax on sales) Return to players (tax on GGP) 70,00% 65,00% 10,00% 9,00% 8,00% 7,00% 6,00% 5,00% 4,00% Operator Margin 25

27 TAX MODEL DOES MATTER Tax Taxon GGP Tax Taxon on Sales Operator margin Policy => Payout Operator can return a high part of the sales, reducing its profits and the taxes. Taxes not applicable to replayed money. Tax Rate => Payout Operator cannot regulate the payout in such extent. Taxes applicable to money initially invested & replayed. 26

28 SPORTSBETTING IN FRANCE Sales: Levies Levieson on stakes stakes (tax (tax7,5% + levy levy 1,3% 1,3% for for CNDS): 8,8 8,8 Net Net Sales: 91,2 91,2 Winnings: Winnings: Cap Cap of ofpayout payout85% of ofthe thestakes Operator: 6,2 6,2 No No tax taxon on Winnings: 0 Winnings: Winnings: No No tax taxon on gross gross Product: 0 Operator: 6,2 6,2 A 8,8% tax on stakes is equivalent to a 9,38% tax on gross winnings of 93,8% of the stakes (93,8=100-6,2) TAXATION: 8, ,016 = 9,816 VAT VAT (rate: (rate: 19,6%): 1,016 1,016 Costs Costs & profit profit of of organiser :: 5,184 5,184 27

29 HORSE RACING BETTING IN FRANCE Sales: Levies Levies on on stakes stakes (tax (tax 7,5% 7,5% + levy levy 8% 8% for for horse horse breeding): 15,5 15,5 Winnings: Winnings: 78,3 78,3 Cap Cap of ofpayout payout85% of ofthe thestakes Net Net Sales: 84,5 84,5 Operator: 6,2 6,2 No No tax taxon on Winnings: 0 Winnings: 78,3 78,3 No No French French tax taxon on gross gross Product: 0 Operator: 6,2 6,2 TAXATION: 15, ,016 = 16,516 VAT VAT (rate: (rate: 19,6%): 1,016 1,016 Costs Costs & profit profit of of organiser :: 5,184 5,184 28

30 PAYOUT LIMITATION Payout limited to a stakes % Cap common for sportsbetting and horse racing betting likely to be fixed by decree at 85% of stakes Why cap the payout? To match current French gambling policy orientation: - PMU payout is limited to an average of 78% - FDJ payout is limited to an average of 75% for sportsbetting Cap limits gambling amount and frequency: players win less and invest less. Addictive nature of the game is limited. Cap also reduces money laundering risk (public and social order care) 29

31 EFFECT OF THE PAYOUT TO THE CAPACITY OF REINVESTMENT, A MAJOR COMPONENT OF ADDICTION Theoritical amount to bet for 100 initial stake % 63% 66% 69% 72% 75% 78% 81% 84% 87% 90% 93% 96% 99% Payout 30

32 BILL IN LINE WITH SCHALDEMOSE REPORT OF THE EUROPEAN PARLIAMENT Member States have an interest & right to regulate & control their gambling markets Member States may legitimately restrict freedom to provide online gambling services in order to protect consumers Online gambling operators must comply with Member State legislation in which they provide their services and in which the consumer resides Protection of sports events integrity and competitions requires cooperation between sports rights owners, online betting operators and public authorities Recommendation that Member States protect non authorised commercial use of sport events, notably by recognition of a sport event organiser s right Under-age gambling prevention Adequate funding for research, prevention & treatment of online gambling problems Profits from gambling used for the benefit of society, including rolling funding for education, health, professional and amateur sport and culture Maximum monthly gambling budget Importance for the Member States of being able to control, limit and supervise gambling services provided on the territory of the consumer residence 31

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