ROMANIA Law and Practice Contributed by: Cosmina Maria Simion, Alina Tace and Petruș Partene, WH Simion & Partners
5. Land-Based Gambling 5.1 Premises Licensing
fixed-odds betting is now set to EUR200,000, while mutual betting requires the payment of a responsible gambling fee of EUR50,000. Annual Fees for Online Gambling An operator of online gambling must pay an annual licence tax of EUR300,000 per year, irrespective of the annual turnover (previously, the annual licence tax was calculated by reference to the operator’s turnover, ranging from EUR15,600 per year to EUR312,000 per year). The authorisation tax for online gambling is also paid on an annual basis and amounts to 30% of the income obtained from gambling activities (gross gaming rev- enue, or GGR), but cannot be less than EUR480,000 per year. Online licensed operators are also required to pay an annual responsible gambling contribution of EUR500,000. For the analysis of the documentation related to the integration or recertification of new online games, gambling operators must pay a new administrative tax of EUR250 per approval request (regardless of the number of games submitted for approval through the request) submitted to the gambling regulator. Taxes for Licensed B2B Providers B2B providers holding a Class 2 licence are obliged to pay an annual licence tax of EUR20,000 per licence and also a responsible gambling contribution of EUR15,000. The law simply stipulates that the con- tribution is EUR15,000, but in practice, the regula- tor imposes this contribution for each Class 2 licence held by the B2B supplier. 4.10 Personal Licensing There is no personal authorisations and licensing regime applicable in Romania at the moment.
Pursuant to GEO 77/2009 and GD 111/2016, land- based gambling activities may be operated only in specialised locations, as outlined below. Casinos Casinos are the specialised locations used for the operation of games of chance characteristic to casi- nos. The surface area and structure of casinos must enable the installation of gaming equipment and other technical devices needed to carry out the spe- cific activity, and they must be located in buildings intended for use as business premises or in hotels with a minimum three-star rating. Casinos are subject to minimal legal requirements with regard to the loca- tion of the premises, surface and safety equipment. Betting Agencies Betting agencies are the specialised locations for bet- ting activities in which at least one dependent (fixed- odds) betting terminal is operated and that cumula- tively meet several conditions in terms of minimum surface area, mandatory equipment, etc. Locations for Operation of Slot Machines All premises used for the operation of slot-machine gaming, irrespective of the type of slot machine, are subject to certain restrictions in relation to the adver- tising of the premises, as follows: • organisers must prevent viewing of the activities carried out within the respective premises; and • organisers may not suggest gambling activities by using images, text or other symbols. Locations for Operation of Bingo Games Pursuant to GD 111/2016, bingo games performed in specialised gaming halls may only take place in locations within specialised premises or business premises that are registered as the organiser’s main or secondary office and that meet a set of mandatory conditions in relation to logistics and organisation: sufficient electric lighting, air-conditioning, a sound system, safety-related requirements, a back-up elec- trical circuit, etc.
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