GBA has identified a number of provisions which are still highly doubtful under EU law both in the main framework legislation and in the draft regulations implementing the framework legislation.
This includes in particular: the requirement for EU licensed online gaming companies to be established in Romania allowing operators to apply for an online gaming license, only if they are directly or indirectly involved (shareholder or partner) in a Romanian land-based gaming operation
According to Sigrid Ligné, Secretary General of EGBA, “The European Commission has now confirmed its assessment according to which the Romanian law is in breach of EU law. This should bring the Romanian authorities to urgently and substantially redraft their legislation in accordance with EU rules. Romania is otherwise running the risk to face the launch of an infringement proceeding by the European Commission.”
This second detailed opinion, which deals with the draft regulations implementing the framework legislation, questions further Romania’s reform that will make it highly difficult for EU licensed and regulated operators to apply for a license in Romania.
The Romanian draft implementing regulations notified to the European Commission and Member States on 30 November 2010 also received a detailed opinion from Malta and comments from the UK. The new detailed opinions extends the standstill period until 1st April, during which Romania cannot adopt the implementing regulations.
Romania is required to reply to the Commission’s views. If Romania fails to take into account the Commission’s objections, it could decide to launch infringement proceedings.