WRITTEN QUESTION E-1571/01 by Luciano Caveri (ELDR) to the Commission. European legal framework for casinos.
Date: 2001-06-01
Institutions: European Parliament, Provisional data
Subjects: approximation of laws, electronic commerce, freedom to provide services, game of chance, gaming establishment, national law

11.12.2001

EN

Official Journal of the European Communities

C 350 E/193

(2001/C 350 E/208)

WRITTEN QUESTION E-1566/01

by Pervenche BerŁs (PSE) to the Commission

(29 May 2001)

Subject: Tax discrimination based on place of establishment

If a Member State(cid:146)s laws exempt bodies with scientific, humanitarian or technical objectives from
is refusal by the Member State(cid:146)s administration to grant such an exemption to an
succession duties,
organisation of this type which pursues similar objectives in that Member State but is established in
another Member State, compatible with the Treaty establishing the European Community?

Answer given by Mr Bolkestein on behalf of the Commission

(5 July 2001)

The situation described by the Honourable Member can be an infringement of the EC Treaty in that such
a refusal can lead to a situation which is detrimental to some organisations with comparable activities,
depending on their place of establishment.

Such a situation should be examined on the basis of more detailed information so that the Commission
can assess whether it infringes the EC Treaty.

(2001/C 350 E/209)

WRITTEN QUESTION E-1571/01

by Luciano Caveri (ELDR) to the Commission

(1 June 2001)

Subject: European legal framework for casinos

In the European Union, gambling houses (casinos) are mostly regulated by the domestic law of Member
States, chiefly for reasons of law and order. There are various kinds of gambling houses offering different
types of games, with the traditional split between (cid:145)French(cid:146) and (cid:145)American(cid:146) games,
in addition to slot
machines, which clearly fall into a category of their own.

Will the Commission say what could be considered to be the current European legal framework for the
various kinds of gambling houses, whether any new regulations are envisaged and if so, in which areas?

Answer given by Mr Bolkestein on behalf of the Commission

(13 July 2001)

In response to the Honourable Member(cid:146)s question on casinos, it is true that these are regulated by national
laws and that there is no Community secondary legislation in this field at the current time.

Gambling services are, nevertheless, covered by the EC Treaty. The Court of Justice in its rulings on
restrictions to such services has confirmed that they are covered by Article 49 (ex Article 59) of the
EC Treaty relating to the cross-border movement of services. In a recent case (1), it ruled on whether
a national
legislation granting a single public body exclusive rights to operate slot machines was
compatible with this provision of the EC Treaty. The Court recognised that such a measure restricted the
cross-border provision of gambling services. It recognised that the public interest objectives on which the
measure was based were the protection of consumers and maintenance of order in society. It added that
the restriction was also based on ensuring that profits from such services could be used for public interest
objectives. In this instance it ruled that the resulting cross-border restriction was proportionate in that the
measure achieved its intended aims and did not go beyond that which was necessary to achieve them.

C 350 E/194

Official Journal of the European Communities

EN

11.12.2001

laws that regulate gambling
The Commission has not been called to harmonise the different national
activities. However, following the adoption of the e-commerce directive (2) which excluded gambling
services from its scope and in the context of its current consultation of interested parties on the basis of its
recently adopted Communication on an Internal Market Strategy for services (3),
it is being asked to
reconsider the need for harmonisation in this field. This seems to stem from the increasing cross-border
competition that is arising as a consequence of the development of on-line lotteries and casinos.

The Commission is currently awaiting further
reactions from interested parties including national
authorities in this area. Cross-border restrictions to such services as well as to all other services will be
addressed in a Report to be prepared by the Commission at the end of Phase 1 of its Internal Market
Strategy for Services. This report will be made available to the Parliament.

Meanwhile, the Honourable Member is invited to submit his views on the need and/or content for such
European harmonisation to the Internal Market and Enterprise Directorates General of the Commission
who have joint responsibility for the follow-up work on the Communication on an Internal Market
strategy for services.

(1)

Judgement of
the Court of 21 September 1999. Markku Juhani L(cid:228)(cid:228)r(cid:228), Cotswold Microsystems Ltd and Oy
Transatlantic Software Ltd v. Kihlakunnansyytt(cid:228)j(cid:228) (Jyv(cid:228)skyl(cid:228)) and Suomen valtio (Finnish State). Reference for
a preliminary ruling: Vaasan hovioikeus (cid:129) Finland. Freedom to provide services (cid:129) Exclusive operating rights (cid:129) Slot
machines. Case C-124/97.

(2) Directive 2000/31/EC of the Parliament and of the Council of 8 June 2000 on certain legal aspects of information
society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) (OJ L
178, 17.7.2000).

(3) COM(2000) 888 of 29.12.2000.

(2001/C 350 E/210)

WRITTEN QUESTION E-1572/01

by Luciano Caveri (ELDR) to the Commission

Subject: Recruitment of temporary staff to OLAF

(1 June 2001)

Over the past few months the European Anti-Fraud Office (OLAF) has launched a recruitment drive for
temporary staff specialising in criminal law and anti-fraud legislation.

Will the Commission provide the following information:

(cid:129) the overall result of this recruitment drive;

(cid:129) the number and names of applicants who were already working for OLAF, and

(cid:129) the number and names of such applicants who are to be re-recruited and when this is to occur?

Answer given by Ms Schreyer on behalf of the Commission

(18 July 2001)

The European Anti-Fraud Office (OLAF) organised three separate selection procedures in 2000 for the
recruitment of temporary staff, two for investigators (categories A and B) and one for specialists (category
A) in the area referred to by the Honourable Member (criminal law and anti-fraud legislation).

As regards the selection of investigators, the two reserve lists comprise 64 names in category A, with seven
successful candidates recruited on 31 May 2001, and 52 names in category B, with 17 candidates recruited
on the same date.

As regards the selection of specialists in criminal law and anti-fraud legislation, the reserve list contains 10
names in career bracket A7/A6, with four successful candidates recruited on 31 May 2001, and 24 names
in career bracket A5/A4, with five candidates recruited on that date. Of the nine new members of staff
recruited, one was already working for OLAF.