Monday, December 04, 2006

Oliver Drewes is spokesman for the internal markets commissioner, Charlie
McCreevy. He was approached by Darik Radio to comment amendments to
Bulgarian law on gambling. Tsvetana Minkova from Darik News spoke to Oliver
Drewes. Q: Do you think changes in the law for gambling might lead to some
impediments for competition in this area in Bulgaria? A: We have a policy of
not commenting on amendments of specific laws before we've seen the law or
the particular amendment so it is very difficult for me to comment
something, which I haven't seen. I can tell you what the general point of
view of the Commission is on the issues concerned. It is a matter, which is
governed by the basic treaties along with some case law of the Court of
Justice. This means we have no harmonization of that area on the European
level and each member state can have its own proper policy as long as basic
treaty provisions are not violated. For example if you think of classical
treaty obligations in respect of free movement of services that means within
the EU you can deliver services across borders. That is the basic freedom.
On the other hand you can restrict that freedom for certain purposes, for
example for protection of minorities or certain health concerns. That's
generally accepted, also for prohibitive actions so that people don't get
addict or whatsoever. Member states can design their own policy in that
respect but when they do so they have to really respect the principle of non
discrimination. So that when you introduce these restrictions they must
apply to everybody in the same way. Q: The EC has started some legal actions
against some cases of violation in member states. A: We did start legal
actions in up to ten cases involving at least nine member states. You can
put restrictions on services in this area if it is for example a bar, or as
you know, there are also special polices designed for bar opening hours or
drunk people being allowed into bars. There are different views on that in
member states and it is allowed that you restrict people under 18 or 21 for
going in a bar. But when you put these restrictions, you have to set up a
system where each and everybody is treated in the same way. Q: Are these
restrictions valid for both state institutions and the private sector? A:
The government may put limits and obligations that everybody is treated the
same. For example the government may say the state operator must pay certain
amount into the public finance, for the public good you can put the same
obligations for the private operator.

Q: Are there examples of violation on the laws?

A: Certainly there are examples for that and it is not against European law.
Everybody has to pay taxes so at least companies have to pay taxes too. It's
generally accepted practice in case law.

Q: What is the aim of these measures?

A: Those are measures to protect minors or people from getting addicted to
gambling activities and that is a policy which the member state can set up.
That should be a general policy that should apply to all operators.

Q: What penalties can be imposed on countries for violations on the law?

A: There is one common line in all the cases, that is, the preferential
treatment is given to certain operators and not to others. According to the
treaty rules and principles you have to respect free movement of services.
Of course you can put certain restrictions. The common procedure that goes
between the Commission and the member states is that the state has to put in
line with community law and is then obliged to change its law. There could
be punishment, but it is applied in a very small number of cases. Usually of
the country does not change the law, it is imposed a fine.