INSIGHT
ROMANIA:
AFFILIATE LEGAL UPDATE
Romania recently edged closer to implementing an operator-friendly regulatory framework, submitting its
draft law to the European Commission. However, the regime as currently proposed is very much geared
towards the larger affiliate, as Cosmina Simion of DLA Piper Romania explains.
AS WE PREVIOUSLY reported in
iGaming Business (Issue 90), major
changes to the Romanian main piece
of gambling legislation were recently
brought forward by means of the
Government Emergency Ordinance no.
92/2014 (“GEO 92/2014”). Given that
the amendments to the main gambling
act were brought by way of a government
emergency ordinance, the act also needs
to be passed by the Romanian Parliament
who may approve, approve in an amended
form or reject it.
The Senate, as the first designated
Chamber of the Romanian bicameral
parliament, approved GEO 92/2014 in its
current form, disregarding the proposed
amendments from the Senate Finance and
Budget Commission.
Therefore, the law has been sent to the
second Parliament Chamber that has the
decisional vote, the Chamber of Deputies,
and is currently under debate and reports in
the parliamentary commissions.
Up until this moment, the Juridical,
Discipline and Immunities Commission
has consented to the adoption of the law
for the approval of GEO 92/2014 with one
amendment. This amendment concerns
the insertion of a provision whereby a
retrospective tax of 20% of their revenues
(defined under the law as GGR) is applied to
remote gambling operators who performed
gambling activities in Romania without
licence and authorization prior to 1 August
2015. Payment of such tax would exonerate
them from criminal and fiscal liability.
It remains to be seen if this amendment
will also meet the approval of the Budget,
Finance and Banks Commission, which is
also the commission designated to draw up
the report and submit the law to the plenary
and final vote of the Chamber of Deput Y\