​The government admits in a response to HotNews.ro that it did not notify the European Commission before adopting the Gambling Decree, although the Ministry of Economy warned that this is required by EU law in the case of acts containing technical regulations, as was also the case with the previous decree, which regulates this industry. Government’s explanation? The changes will not include technical regulations.

Government: The emergency resolution concerned only changes of a financial and legal nature, not technical regulations

The government claims in the answers sent to HotNews.ro that the emergency decree adopted on October 5, which amended and supplemented the emergency decree no. 77/2009 on the organization and activity of gambling went through a full process of inter-institutional approval before being adopted by the Government in accordance with legal procedures.

Regarding the warning sent on October 4 by the Ministry of Economy led by Radu Oprea, which was first reported by HotNews.ro, the government says that it was analyzed by the Ministry of Finance, the initiator of the new GEO project, which considered that the changes were not of a technical nature, only financial and legal changes

• “Proposals and proposals made by ministries and advisory institutions during the process of interdepartmental consultations were taken into the final form of the regulatory act or substantiated, depending on the circumstances, by the Ministry of Finance, the initiator of the regulatory act. act.
• Regarding the conclusion of the Ministry of Economy, Entrepreneurship and Tourism, which is related to your request, we inform you of the following:
• to the Ministry of Economy, Entrepreneurship and Tourism on 04.10.2023 with the final forwarding address No. 4519, in the original, to the Ministry of Finance, a draft of the emergency government order on amendments and additions to the emergency government order No. 77/2009 regarding the use and organization of gambling, as well as on amendments to the government order. Extraordinary Decree No. 20/2013 on the establishment, organization and activities of the National Gambling Office, approved within the competence of the Ministry established by HG 864/2023, with proposals as well as analysis of the affected economic operator, under the direction of MEAT, in order to adopt them under the time of completion of the project form.
• In this sense, the initiator was informed that in the case of technical changes, a specific legal procedure must be taken into account.
• However, given that the emergency resolution to be approved only concerns changes of a financial and legal nature, additional procedures were not needed, especially since it is a set of emergency measures related to the protection of players, persons in risky situations , by establishing a ban on the sale of alcohol in gambling halls.
• Emergency resolution on amendments and additions to emergency government resolution no. 77/2009 on the organization and conduct of gambling, as well as on amendments to Emergency Government Resolution no. 20/2013 on the creation, organization and functioning of the National Gambling Office, approved at the Government meeting on October 5, 2023, published in the Official Gazette of Romania No. 905 of October 6, 2023.”, The government sent HotNews.ro.

Cholak’s warning from the Ministry of Economy

The Ministry of Economy, led by Radu Oprea (PSD), has warned the government that the adoption of an emergency regulation on new taxes in the gambling industry before the notification of the European Commission could make it unenforceable in the event of legal proceedings, according to an opinion provided by the Ministry on October 4, a day before adoption of the act by the Government. The ministry also presented how the new taxes will financially affect the Romanian lottery.

The Ministry of Economy emphasizes in the opinion submitted to the emergency ordinance on gambling that regulations containing technical regulations must be notified to the European Commission, an aspect provided for by EU law, as was the case with the current ordinance regulating gambling – GEO 77 /2009. .

• “Also, given the fact that there is no GEO. 77 of June 24, 2009 on the organization and use of gambling was notified to the European Commission (notification 2009/0417/RO) in accordance with the provisions of Directive (EU) 2015/1535, we believe that any amendment to the said regulatory act requires a procedure notification in accordance with the provisions of Directive (EU) 2015/1535.
• In this context, we inform you that normative acts containing technical regulations, adopted without complying with the notification procedure provided for by Directive (EU) 2015/1535, do not apply and lose their validity for third parties in the event of legal proceedings, in accordance with the judicial practice of the Court of the European Union. . underlines the Ministry of Economy in a statement obtained by HotNews.ro.

On Thursday, October 5, the government passed an emergency decree that imposes tax increases on the gambling industry, a ban on alcoholic beverages in venues, increased guarantees provided by companies, and an obligation for operators to have their headquarters in Romania. “The goal is obvious – for taxes to be collected in the country,” Mihai Konstantin, a government spokesman, said at the time.

• Extraordinary resolution on new gambling taxes – published in the Official Gazette