Convergence of European and national regulations – first part
Series of articles from “The Practice of Gambling” by Anchidim Zagrean, Rombet Vice-President
I. Sector-specific legislation
A. At European level
The gambling is not regulated by sector-specific rules, at the EU level, but the Court of Justice of the European Union and in accordance with the legislation of the European Union, set out that the services of gambling fall under the article 56 of the TREATY CONCERNING THE FUNCTIONING OF THE EUROPEAN UNION and, therefore, it is regulated by the rules concerning the services supply;
According to these rules, the authorized operators from a member state can supply services to consumers from other member states, excepting the case in which justifies restrictions are imposed:
– due to imperious reasons of public interest, as consumers’ protection;
– or general need to maintain the public order.
Also, these restrictions have to be compatible with the secondary legislation of the EU and the general policy of the member states, in the field of the gambling, have to be:
– proportional;
– applied coherently and systematically.
B. At national level
Gambling in Romania is regulated by national sector-specific rules, constituted in a special pack, under the form:
1. of the Emergency Ordinance no. 77 of 24th June 2009, updated, which provides that the organization and exploitation of the gambling activity in Romania represents state monopoly and it is performed within the conditions of this emergency ordinance, under the form of main rules;
2. of the Emergency Ordinance no. 20 of 27th March 2013, concerning the constitution, organization and functioning of the National Office for Gambling, under the form of main rule;
3. of the Government Decision no. 111 of 2016, containing the Methodological rules of applying the Government Emergency Ordinance no. 77/2009 concerning the organization and exploitation of gambling – as secondary rule;
4. of the Government Decision, no. 298 of 29th May 2013, of applying the Emergency Ordinance no. 20/2013 concerning the organization and functioning of the National Office for Gambling – as secondary rule;
5. Order, instruction and mentions of the National Office for Gambling of enforcing the main and secondary rules.
II. Main legislation relevant in the field of gambling
A. Main legislation at European level
1. Directive 2006/123/EC of the European Parliament and Council of 12th December 2006, concerning the services from the internal market, provides, at article 2, that this directive does not apply to the gambling activities which presuppose bets with a punt with pecuniary value in gambling, including lottery, casino and transactions referring to bets;
2. Directive 2000/31/EC of the European Parliament and Council of 8th June 2000, concerning certain legal matters of the informational company services, especially of the electronic trade, on the internal market, provides, at article 1 that this directive does not apply in the activities of gambling which involve punts with a monetary value in gambling, including lotteries and transactions of betting type;
B. National main legislation – concerning the transposition of directives
1. The Emergency Ordinance no. 49 of 20th May 2009, concerning the freedom to establish the services suppliers and the freedom to supply services in Romania, provides, at article 4, alignment 2, that it does not fall under the field of this emergency ordinance the gambling activities, which presuppose bets with a punt of pecuniary value, including lottery, casino and transactions referring to bets;
2. Law no. 365/2002, concerning the electronic trade, which transposes in the national legislation the directive concerning the electronic trade, provides, at article 2, alignment 3, that the law does not apply to gambling activities with gains in money, lotteries bets;
3. Government Decision no. 99/2000, which regulates the marketing of products and services, provides, at article 3, the fact that the marketing activities having as object the products and services from the market regulated by special normative documents are excepted from the provisions of the decision.
We continue with the second part in the next number of the magazine…
