Italy’s government has firmly refuted Malta’s objections to its new gambling law, signalling its intent to proceed with issuing new concessions in the coming weeks. The Italian government has issued a detailed rebuttal of Malta’s concerns, emphasising that the new law adheres to EU principles and aims to consolidate existing regulations.
In its official response, the Italian government excluded the presence of “any restriction on the freedom to provide services” in its draft.
“The proposed Technical Rules are adherent to the principles and EU law” and “consolidate and make clearer, standards and technical rules that have been present in the Italian legal system since 2009, which have never been subjected to any observation that would find any impeding or discriminatory causes.”
Italy’s government has said it will make no changes to the bill as a result of comments from Malta. Once the decree with the new technical rules is adopted and the upcoming binding opinion of the Council of State is incorporated, the Agency of Customs and Monopolies will be ready in a few weeks to launch the tender for online concessions that could generate around €300m in tax revenues. Each licence will cost €7m and the Italian Treasury estimates there will be at least 50 applicants.
Malta’s concerns dismissed
Malta’s submission focused on three primary issues, the requirement for B2B companies to obtain a licence before operating in the Italian market; a ban on operators managing “skins” or secondary brands under a single licence; and improved safeguards to ensure online access checks prevent underage gambling.
The Italian government has dismissed these concerns, asserting that the law is designed to enhance consumer protection and ensure fair competition.
Key points of the new law
Under the new law, B2B companies will not require separate licenses, with no need for supplier licensing; there will be stricter player protections with new measures to safeguard young adult players; the law ensures equal treatment for websites and apps, guaranteeing technological neutrality.
One key clarification issued by the government is that B2B companies will not need to apply for their own concessions. The term “service provider” refers to operators in the Italian legal system and the provision that the service provider must be a concession holder is a requirement, “peacefully applied and never challenged” in dozens of previous bidding processes, the government said.
In the presence of “monetary and session limits applicable to young people aged between 18 and 24 years,” applicable only in the account registration phase, the Agency of Customs and Monopolies confirmed that “there will be no discrimination between new gaming accounts and existing gaming accounts: both player categories will be required to make such choices with the new regime.”
Malta also noted that as part of draft technical rules, Italy did not take into account the principle of technological neutrality, particularly regarding requirements for using a website for remote gaming versus using an app.
According to the regulator: “The measures and characteristics provided for the website and the apps are the same and do not provide for any difference,” ensuring “absolute respect for the principle of technological neutrality.”
Implications for the gaming industry
The implementation of this new law is expected to reshape the Italian gaming landscape. By streamlining the licensing process and introducing stricter regulations, the government aims to create a more sustainable and responsible gaming environment.
As the licensing process unfolds, industry stakeholders will be closely monitoring developments, particularly regarding the specific requirements and conditions associated with the new concessions.
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