Country report ALICE RAP WP14 France
GAMBLING
In this study we focus on two selected cases of governance practice. For being able to describe and analyse these two cases we need a basic overview of relevant factors in the preparation, enactment and implementation of important measures and regulating provisions in the legislation or
otherwise. This questionnaire will result in a country report and focuses on one case of governance practice related to gambling: aspects of control and regulation, e.g. licensing.
The structure of this country report format is based on an adapted version of the health policy triangle of Walt & Gilson (1994)99. This is built up around the following four concepts: policy content and process, stakeholders and context (for more detailed information see the project proposal).
Important: Please fill out this format as completely as possible, but limit yourself to the key elements. At a later stage we might contact you for additional information.
I Policy process and contents
1. Relevant aspects of control and regulation in gambling legislation and other regulations and standards
1.1 Which types of gambling does the gambling regulation in your country include:
Is it regulated? Is it legal?
Table games in casino's ( e.g., cards, dice, roulette, with a croupier or poker dealer)
Y Y
Electronic gaming in casino's (e.g., slot machine, video poker)
Y Y
Other gambling in casino's (bingo, keno) Y Y
Gambling games not in casino's (lotteries, scratchcards, bingo)
Y Y
Fixed-odds betting (sports or other events; in a fixed odds betting the pay-out is agreed at the time the bet is sold)
Y Y
99Walt, G. & Gilson, L. (1994). Reforming the health sector in developing countries: the central role of policy analysis. Health policy and planning, 9(4), 353-370.
172 Parimutual betting (gambling on horse racing, greyhound racing, sporting events; in a parimutual betting the final pay-out is not determined until the pool is closed)
Y Y
Internet gambling Y Y
Any other (please list) Y/N Y/N
Additional comments, please give your answer in the box below
1.2 Does your gambling regulation include regulations on:
Short description:
Licensing Y
Taxes Y
Rules of (casino) games
Y
Age limits Y
Advertising Y
Consumer information
? Prevention and/or treatment of problematic gambling
Y
A regulating agency Y
1.3 Is the regulating agency in your country involved in Any remarks Licensing (issuing, levying
fines, revoking)
Y Accounting systems (providing financial information, e.g., to the government)
Y
Auditing N
Advising national or local government on gambling issues
Y
173 Investigating and prosecuting
illegal gambling
N Remote gambling, e.g., betting online (internet) or by
telephone
Y
The spreading of gambling/betting
Y
2 In depth information on the preparation and enactment of the legislation and other regulations in gambling control and regulation
2.1 Please provide information, in bullet points, on the preparation and enactment of the first legislation and regulations regarding gambling control. Please include dates (year).
Please give your answer in the box below
Initially banned in France, gambling was legalized gradually from the last third of the eighteenth century, including the creation of the royal lottery. In the nineteenth century, casinos were
implemented in France (decree of 1806 which allowed the Commissioner of Police to issue permits derogation for resorts), then in the twentieth century the PMU- horses races (Pari Mutuel Urbain 1931) and the National Lottery (in 1933). These three gambling operators shared in France the largest share of the gambling industry until the opening up of online gambling activities with the new legal framework in 2010.
2.2 Please provide information, in bullet points, on the preparation and enactment of the current legislation and regulations on gambling control and regulation. Please include dates (year).
Please give your answer in the box below
In 2010, France adopted a new legal framework (law of May 12th, 2010) which opens up and regulates online gambling for three gambling categories – sports betting, horse racing and poker – and brought an end to the state monopoly held by the 'Française des Jeux' and the PMU. One year after they had become available, the legal internet-based betting sites had generated 2.9 million active gambler accounts.
2.3 Please provide information, in bullet points, on any relevant changes between the first legislation and regulations on gambling control and regulation and the current legislation and regulations. Please include the year(s) of change.
Please give your answer in the box below
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2.4 Briefly describe key events and underlying reasons in the process of preparing and adapting the legislation and regulations on gambling control and regulation (chronologically, with accompanying dates).
Please give your answer in the box below
Faced with a growing illegal supply of gambling on the Internet, and to meet a request of the European Commission, the French government adopted in 2010 a regulatory framework regulating the sector of online gambling. Transposition into French law of European Directive, the law n ° 2010-476 of 12 May 2010 introduced a "controlled opening to competition" the market of online gambling, ending the state monopoly of the FDJ and the PMU. The law entrusts the regulation of the market of gambling and online gambling in an independent administrative authority, ARJEL (Regulatory Authority online gambling), responsible for assigning licenses to gambling operators on the Internet, control their activity and participate, in conjunction with the ministries of interior and justice, to the fight against illegal offer.
2.5 Please identify the five stakeholders who played the most important role in supporting the preparation and enactment of the legislation and regulations on gambling control and regulation.
- What are their main interests and arguments (see list of possible interests and arguments in annex 2)?
- Please score their influence on a 1-7 scale with regard to political power, financial power, PR power and power based on (scientific) knowledge.
Stakeholder Possible interest/arguments Politic al power (1-7)
Financia l power (1-7)
PR power (1-7)
Knowledg e based power (1-7) Ministry of
Finance
Taxes 7 4 3
Ministry of Interior
Public security 6 3 3
Ministry of Agriculture
Equine industry 4 2 3
Ministry of Health
Public health 2 2 3
Any additional comments, please give your answer in the box below
175
2.6 Please identify the five stakeholders who played the most important role in opposing the preparation and enactment of the legislation and regulations on gambling control and regulation.
List their interests and arguments and score their power.
Stakeholder Possible interest/arguments Politic al power (1-7)
Financia l power (1-7)
PR power (1-7)
Knowledg e based power (1-7) FDJ To defend their monopoly / to limit
the opening of the new online gambling market
3 4 4
PMU To defend their monopoly / to limit the opening of the new online gambling market
3 4 3
Casinos to limit the opening of the new online gambling market
3 4 3
Private gambling online operators
To get a less regulated online gambling market
3 4 4
Any additional comments, please give your answer in the box below
There was no separation between the stakeholders in favor or against the law.
The new law focused on the opening of online gambling (see above) was necessary because the European context.
The respective roles were based on their own interests.
2.7 If international politics or policy have influenced the introduction/adaptation of this legislation or these regulations in your country, please explain.
Please give your answer in the box below See 2.4
2.8 If any modifications of the legislation or regulations are expected in the near future, please describe briefly contents and reasons.
Please give your answer in the box below NO
Maybe, just an update of the law in the two next years
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3 In depth information on the implementation of regulating provisions in the legislation or otherwise on gambling control and regulation
3.1 What is the level of implementation of gambling control and regulation in your country? Please rate on a scale from 1-7.
1= not implemented at all; 7=fully implemented in the whole country and all relevant settings.
Any comments on level of implementation, please give your answer in the box below 7 for on line gambling
The weakest point is the application of the prohibition of sales to minors scratch games and the inability to fully control the Internet
3.2 Please describe factors facilitating the implementation (e.g., public opinion, economic interests, organisational aspects, positive media attention, ...).
Please give your answer in the box below Public opinion is fairly neutral on this area.
Public health concern has been reinforced by the important role of tax revenue (important given the high level of gambling taxes) in a context of a the state budget crisis.
Last, The law set up a regulatory authority with significant financial resources being taken from bets.
3.3 Please describe barriers for the implementation (e.g., public opinion, financial restrictions, housing problems, organisational aspects, negative media attention).
Please give your answer in the box below
3.4 In case stakeholders involved in the implementation of gambling control and regulation (see question 2.5 and 2.6) differ from those involved in the preparation and enactment of the legislation, or have another ranking, please comment on that.
Please give your answer in the box below
1 2 3 4 5 6 7
x
177 II Contextual information
Please complete the following questions/tables with the latest data available (with accompanying source). Describe the trend in the data (in terms of decreasing/increasing) over approximately the last ten years.
1 General information on country 1.1 Area (km2): 552000 1.2 Population size: 65 millions
2 Prevalence of gambling
2.1 Prevalence of gambling in the general population (15-64 years) Most recent data (%) Year Lifetime gambling
Last year gambling 47,8 2010
Last month gambling
Source: Baromètre santé 2010, module jeux d’argent et de hasard; INPES/OFDT Please briefly describe the trend in prevalence of gambling during the past ten years.
Please give your answer in the box below Population : 18-75 years
2.2 Influence of gambling prevalence on governance implementation
Did the prevalence of gambling influence the implementation of the legislation on gambling control and regulation?
yes
x no
If yes, rate it on a scale from 1-7 (1 = no influence, 7 = maximum influence).
1 2 3 4 5 6 7
178
Please briefly describe the influence of the gambling prevalence on gambling control and regulation.
Please give your answer in the box below
3 Health context
3.1 Number of problem gamblers
Most recent data Year
Number of problematic gamblers 200000 2010
Number of gamblers in treatment 1500 2012
If possible, use DSM definition. If you use any other definition of problematic gambling, please specify:
Source: Baromètre santé 2010, module jeux d’argent et de hasard; INPES/OFDT Enquête de la Fédération Addiction 2012
3.2 Gambling related morbidity and social loss
3.2.1 If you have any national data on the prevalence of co-morbid psychopathology, on burden of disease (DALY’s) or productivity loss, please provide it here.
Please give your answer in the box below
Baromètre santé 2010, module jeux d’argent et de hasard; INPES/OFDT
Tool used : CPGI criteria (Ferris and Wynne, 2001), includes 9 items each of which is rated from 0 to 3, depending on the frequency of the corresponding occurrences. The overall score can thus range from 0 to 27. It allows the following typology to be established: "gambler without problems" (score
= 0); "low-risk gambler" (score = 1-2), "moderate-risk gambler" (score = 3-7) and "excessive gambler" (score = 8 or more).
The prevalence of "excessive" gambling in France is estimated to be 0.4% and that of "moderate-risk" gambling to be 0.9%. In numerical terms, approximately 200000 French citizens are excessive gamblers and 400000 are "moderate-risk" gamblers.
Enquête de la Fédération Addiction 2012
Personal extrapolation based on the results of a survey carried out on about 30% of “specialized addiction treatment centers”. These centers cover all drugs addiction and “no drug” addiction like gambling addiction.
3.2.2 Please briefly describe the trend in prevalence of problem gambling and related morbidity in the past ten years stating where possible percentages from or around 2002 onward.
Please give your answer in the box below
179 No trends because the first measure was done in 2010
3.3 Influence of gambling-related health consequences on governance implementation
Did the gambling related health consequences influence the implementation of state monopoly and licensing?
x yes
no
If yes, rate it on a scale from 1-7 (1 = no influence, 7 = maximum influence).
1 2 3 4 5 6 7
x
Please briefly describe the influence of the health context on gambling control and regulation.
Please give your answer in the box below
Public health concern has been considered for itself but also used for other purposes as : get a high level of gambling taxes, preserve a part of state monopoly.
4 Economical context
This section focuses on general economical information and data on public spending (direct and indirect) related to gambling. Please provide data as far as available.
4.1 General economical circumstances
Most recent data Year Gross national income per capita (PPP international (€ or £) 27550 € 2012
Total health expenditures per capita (€ or£) 2700 € 2010
Total health expenditures as percentage of GDP (€ or £) 12,1 2010 Source: INSEE, DREES
4.2 State expenditures and revenues
4.2.1 If you have any data on (direct or indirect) expenditures on the health consequences of gambling, or on the expenditure related to crime control related to gambling, please provide them here.
Please give your answer in the box below
Not yet but we have an ongoing study on gambling social costs.
Results expected in November 2013
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4.2.2 If you have any data on state revenues from taxes on gambling, please provide them here.
Please give your answer in the box below About 5 billions €
4.3 Gambling industry
If you have any data on the turnover in the gambling industry (in Euros), please provide them here.
Please give your answer in the box below In 2005, turnovers:
Casinos : 18,9 billions € FDJ : 8,9 billions € PMU : 8,0 billions €
4.4 Economical context influencing implementation of measures on gambling control and regulation.
4.5 Did the economical context (e.g. the economic crisis) influence the implementation of measures on gambling control and regulation?
x yes
no
If yes, rate it on a scale from 1-7 (1 = no influence, 7 = maximum influence).
1 2 3 4 5 6 7
x
Please briefly describe the influence of the economical context on gambling control and regulation:
Please give your answer in the box below See above
5. Political context
Did the political context influence the implementation of gambling control and regulation?
yes
x no
If yes, rate it on a scale from 1-7 (1 = no influence, 7 = maximum influence).
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1 2 3 4 5 6 7
Please briefly describe the influence of the political context on gambling control and regulation.
Please give your answer in the box below
6. Historical/Socio-cultural context
Did the historical/socio-cultural context influence the implementation of gambling control and regulation?
x yes
no
If yes, rate it on a scale from 1-7 (1 = no influence, 7 = maximum influence).
1 2 3 4 5 6 7
x
Please briefly describe the influence of the historical/socio-cultural context on gambling control and regulation.
Please give your answer in the box below
France has been out of the prohibition very slowly during all the twentieth century to gradually switch into a “strong regulatory” approach: deny everything ... but, notwithstanding, some gambling activities that state regulates very strictly.
Faced with the development of the Internet and the difficulty of controlling this space, the 2010 law follows the same approach: strong regulation.
III. Key publications
Please include a list of key publications used to complete this report.
Please also add the full references of the sources you have used. In case you have included expert opinions please provide the name of the experts as well as the date and source of communication (e.g. personal communication).
Please list the publications in the box below
Costes J.M, Pousset M, Eroukmanoff V, Le Nezet O, Richard J.B, Guignard R, Beck F, Arwidson P. Les niveaux et pratiques des jeux de hasard et d’argent en 2010. Barom tre santé 2010, module jeux de hasard et d’argent Inpes/OFDT Tendances, 2011, n°77, 8 p.
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INSERM (2008). Expertise collective : Jeux de hasard et d’argent, contextes et addictions. Les éditions INSERM.
Lamour, J. F. (2009). Rapport sur le projet de loi relatif à l’ouverture à la concurrence et à la régulation du secteur des jeux d’argent et de hasard en ligne, Assemblée Nationale, 512 p.
Trucy, F. (2006). Rapport d’information sur l’évolution des jeux de hasard et d’argent. Sénat,.
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