Message 001
Communication from the Commission - TRIS/(2024) 3092
Directive (EU) 2015/1535
Notification: 2024/0627/AT
Notification of a draft text from a Member State
Notification – Notification – Notifzierung – Нотификация – Oznámení – Notifikation – Γνωστοποίηση – Notificación – Teavitamine – Ilmoitus – Obavijest – Bejelentés – Notifica – Pranešimas – Paziņojums – Notifika – Kennisgeving – Zawiadomienie – Notificação – Notificare – Oznámenie – Obvestilo – Anmälan – Fógra a thabhairt
Does not open the delays - N'ouvre pas de délai - Kein Fristbeginn - Не се предвижда период на прекъсване - Nezahajuje prodlení - Fristerne indledes ikke - Καμμία έναρξη προθεσμίας - No abre el plazo - Viivituste perioodi ei avata - Määräaika ei ala tästä - Ne otvara razdoblje kašnjenja - Nem nyitja meg a késéseket - Non fa decorrere la mora - Atidėjimai nepradedami - Atlikšanas laikposms nesākas - Ma jiftaħx il-perijodi ta’ dewmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Nu deschide perioadele de stagnare - Nezačína oneskorenia - Ne uvaja zamud - Inleder ingen frist - Ní osclaíonn sé na moilleanna
MSG: 20243092.EN
1. MSG 001 IND 2024 0627 AT EN 19-11-2024 AT NOTIF
2. Austria
3A. Bundesministerium für Arbeit und Wirtschaft
Abteilung V/8
A-1010 Wien, Stubenring 1
Telefon +43-1/71100-805433
E-Mail: not9834@bmaw.gv.at
3B. Amt der Wiener Landesregierung
Magistratsabteilung 36
A-1200 Wien, Dresdner Straße 73-75
Telefon +43-1/4000-36110
E-Mail: post@ma36.wien.gv.at
4. 2024/0627/AT - X00M - GOODS AND MISCELLANEOUS PRODUCTS
5. Act amending the Vienna Events Act 2020 (Wr. VG)
6. 1. Amusement gaming machines
2. Diesel or petrol-powered units and heating cannons at events
3. Reusable packaging and ecological materials at events
7.
Requirements which reserve access to particular providers
Section 15 of the Wiener Veranstaltungsgesetz (Vienna Events Act) imposes restrictions on the installation of amusement slot machines. Through the amendment, the stake per game should continue to not exceed the amount of 1 EUR, and the sum of the promised rewards should not exceed 5 EUR or a mere automatic game extension of up to five free spins. Money or vouchers as a financial benefit are not allowed. In the case of amusement gaming machines that do not promise any reward, the stake may not exceed 2 EUR per game.
This requirement is non-discriminatory as it applies equally to all operators and users of amusement slot machines, regardless of their nationality, gender, age or other personal characteristics. The regulation is applied uniformly to all those affected, ensuring equal treatment of all market participants.
The measure is necessary to ensure the protection of players and minors. If the reward for the amount used were higher, then the incentive to play would increase and thus the addictive potential would be higher.
The measure is proportionate, as the betting limit of 1 EUR for amusement gaming machines with reward per game round is suitable to help ensure that players do not lose excessive amounts in a short period of time. This objective cannot be achieved to the same extent by another comparable measure. The limitation of the reward to 5 EUR is appropriate and is intended to prevent players from expecting unrealistically high profits and thus being tempted into risky gambling behaviour. In the case of entertainment slot machines without reward, the risk to player protection and the protection of minors is lower, which is why a stake of 2 EUR is appropriate in view of the inflation in recent years. The measure is therefore proportionate, as the benefits for player protection outweigh the restrictions for operators of amusement gaming machines.
Directive 2006/123/EC on services in the internal market
Directive 94/62/EC on packaging and packaging waste
At events in Vienna, an environmental concept must be drawn up, which should among other things include measures for the resource-efficient distribution of food and beverages (e.g. no distribution of portion packaging or capsule systems). Events typically offer products such as ketchup, mayonnaise, mustard, jam, or coffee cream; however, these could also be distributed in an environmentally friendly manner without individual packaging. This would avoid packaging material for individual portions. Reference is made to the cover page and the explanatory notes to Article I No 37 and 38.
8. 1. Requirements for amusement gaming apparatus (Section 15(2)):
The stake per game is limited to 1 EUR; in return, only goods with a maximum value of 5 EUR or 5 free spins may be offered as a reward (money or vouchers are not allowed). In the case of amusement gaming machines that do not promise any reward, the stake may not exceed 2 EUR per game.
2. Avoidance of the use of exhaust gas generating devices (e.g. generators, heating cannons) when organising events in the State of Vienna (Section 32(1)). These may only continue to be used at events if the connection to an electricity grid would result in disproportionate technical effort compared to the environmental benefits or is financially unreasonable.
3. Requirement to use reusable packaging, ecological materials, environmentally friendly giveaways, etc. at certain events in the territory of the State of Vienna (Section 32(3) and (4)):
For events with more than 2 000 people, a waste and environmental concept must be drawn up. This concept must include environmentally relevant and waste-related aspects (e.g. measures for the use of ecological materials and environmentally friendly giveaways; measures for the resource-saving dispensing of food and beverages, such as no dispensing of portion packaging or capsule systems; waste prevention measures, such as the use of large containers, reuse such as reusable packaging, separate collection and treatment.
9. The notified measures relate only to the province of Vienna, and thus not a large part of Austria (Article 1(1)(f), first half-sentence of Directive (EU) 2015/1535). It is therefore only a regional measure.
1. In the Vienna Events Act 2020, regulations may only be made for amusement gaming machines, but not for gambling devices (these are subject to the Federal Gambling Act). In the present draft, the current applicable restriction of 1 EUR stake for entertainment gaming machines has been increased to 2 EUR. The restriction serves to protect players and minors. The restriction to 5 EUR as a reward remains, as the gaming machines with a reward have a particular potential for inducing addictive behaviour.
2. Exhaust gas generating units and heating cannons at events are a source of nuisance for visitors and often also a safety risk (e.g. inflatable advertising or target arches at running events or heating cannons in tents). If it is technically possible and financially not unreasonable, these devices should in future be connected to the power grid at events in Vienna.
3. The requirement to use reusable packaging, ecological materials, environmentally friendly giveaways, etc. at larger events in the territory of the State of Vienna serves environmental protection and waste prevention and thus contributes to the safe handling of events.
10. Reference to the basic texts: The basic texts were submitted as part of an earlier notification:
2020/0016/A
11. No
12.
13. No
14. No
15. Yes
16.
TBT aspects: No
SPS aspects: No
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European Commission
Contact point Directive (EU) 2015/1535
email: grow-dir2015-1535-central@ec.europa.eu
