BREAKING NEWS / ONJN nuances the application of the law on gambling – Play Responsibly

The National Gambling Office (ONJN), as the gambling regulatory institution in Romania, announced today that the Simonis law, which should enter into force on Sunday – April 28, 10 days after its publication in the Official Gazetteis applied taking into account a certain element: the validity of the authorizations already issued for the parcels.

The operators thus receive an unexpected respite, for at most one year, until their operating authorizations expire for the devices they own in localities with less than 15,000 inhabitants.

Many economic operators in villages and communes say they have already collected their slots and were ready to transport them to warehouses from Monday (April 29), fearing checks that could lead to the confiscation of the goods.

With the new overnight condition, Simonis’s law has a minor effect.

For example, a device that received an operating authorization on April 1, 2024 can operate until March 2025, thus keeping the respective location open until then (in Romania, authorizations are granted for a duration of one year, and licenses operate for 10 years ).

It is a decision taken by ONJN and which could cause disturbances on the political line, PSD could be accused of having initiated a law only in the eyes of the world, with an electoral motive.

The editorial team contacted Alfred Simonis on WhatsApp since yesterday, and the initiator of the law promised to answer the questions posed by the editorial team, but the parliamentarian’s reaction is delayed.

The solution of “delaying” the application of the law by at most one year was also discussed two days ago in Advisory Council of the institution.

The model applied by ONJN is copied from the Czechs. The authorities in Prague have decided to remove the panhandlers from the capital, but have agreed to keep the agencies open until the authorization of the last machine expires – HERE and HERE details.

In Romania, it is about a clarification sent between the moment of publication in the Official Gazette and the date of entry into force of the law, a grace period established in Romania as being 10 days.

This is because the law has no application rules, and the operators needed clarification, so that the market does not get blocked. While some jurists and the Opposition claim that ONJN made an abuse, others believe that the clarifications were necessary.

Other specialists claim that Simonis made the law crooked anyway: either he didn’t know what he was promoting and what he was signing, or he did it directly, knowing that the law has not been applied since April 29, and Marcel Ciolacu’s revolt against the gambling industry it was a facade.

The announcement on the ONJN website, onjn.gov.ro, in which the important details appear in the last paragraph:

“Attention gambling organizers

On 18.04.2024, Law no. 107/2024 regarding the approval of Government Emergency Ordinance no. 107 was published in the Official Gazette no. 82/2023 for the amendment and completion of the Government Emergency Ordinance no. 77/2009 regarding the organization and operation of gambling, as well as for the amendment of the Government’s Emergency Ordinance no. 20/2013 regarding the establishment, organization and functioning of the National Office for Games of Chance and for the amendment and completion of the Government Emergency Ordinance no. 77/2009.

Thus, through the provisions of the law, additions were made to article 15 paragraph (2) of GEO no. 77/2009, by introducing a new letter, lit. b^1), with the following contents:

“b^1) the proposed space, if it has slot-machine gaming facilities as defined in art. 10 para. (1) lit. e), must be located in an administrative-territorial unit with a population greater than 15,000 inhabitants. Proof of the number of inhabitants is provided by a certificate issued by the town hall in whose territorial radius the proposed space is located.”

On the date of entry into force of the above-mentioned legal provisions, there are legal relationships created by administrative acts (decisions to grant authorizations for the exploitation of slot-machine gambling games) issued prior to the new provision, which will produce their effects until the moment of termination their validity, provided that the gambling organizers do not make changes to the operating conditions in progress, as provided for in art. 15 paragraph (6) letter a) of GEO no. 77/2009, otherwise the provisions art.15 paragraph (2) letter b^1) to be incidents immediately”.