EUROMAT Objects to Croatia’s Decision to Advance its Legislative Process Without Notifying the European Commission

The European Gambling and Amusement Federation (EUROMAT) has submitted to the European Commission its objection to Croatia’s failure to notify the Croatian Gambling Act (PZ_42) under the TRIS procedure.

Several proposed amendments qualify the Croatian Gambling Act (PZ_42) as a technical regulation under Directive (EU) 2015/1535 warranting formal notification. EUROMAT is concerned that the Croatian Government is proceeding with its legislative process without any notification.

The law includes mandatory player identification for venue entry, a self-exclusion register, advertising restrictions, strict rules on the location of gambling venues, restrictions on days of operation, increased licensing fees and taxation.

Member States must notify any national provisions that restrict market access or the provision of services. Failure to comply with the notification procedure constitutes a breach of EU law, potentially leading to the suspension of the law’s application and the initiation of infringement proceedings. Croatia’s decision not to notify comes despite the country notifying its gambling law in 2014 which resulted in the legislation being withdrawn following scrutiny from the European Commission. Croatia also notified a law in 2023 with substantive impacts for the amusement sector and there are more than 500 examples in the European Commission’s TRIS database of similar notifications from across Europe.

EUROMAT President Jason Frost said: ”If the Commission is serious about strengthening the Internal Market then it has to ensure that Member States respect the law.

“The Commission intervened in 2014 and as a result Croatia had to withdraw its gambling law which underlines how important the notification procedure is. The Commission needs to intervene again but this time to ensure that Croatia actually notifies. Companies need legal certainty to invest and operate in Europe and if the Commission allows Member States to disregard their responsibilities then it sets a very concerning precedent.”

Filip Jelavic, General Sectary of the Croatian Gaming Association, said: “It is inconceivable that any European Member State could be allowed to introduce such far reaching and disruptive legal changes without following the correct procedure. We are calling on the Croatian Government to act responsibly in this case and follow the law.”