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EU BYTES


instrument for operators seeking to improve the national regulatory context in their favour. Not least because preliminary rulings need to be taken into account in the national courts’ rulings. Furthermore, you might


remember that EU Member States are obliged to notify, prior to its adoption, any national technical regulation to the European Commission. This allows the Commission and Member States to scrutinise the law with a view to seeing whether it impedes on EU law. New laws are notified regularly. What happens if the European Commission finds that these do potentially impede?


Bricks of Brexit I


n the last edition, I spoke to you about expected divisions amongst the 27 EU Member


States in light of negotiations with the UK. And, they are increasingly appearing, even though negotiations have not as yet reached the second phase – i.e. the transitional arrangements and subsequently the future framework for trade. One specific example which I believe could be of interest to you, especially when looking at the future of Gibraltar (a favourite hub for online gambling operators), is the quasi-unilateral move by Spain to seek parallel arrangements with the UK in case of a hard Brexit. But, before going into the details, let me just mention to you that the heads of state will meet on 14-15 December to see whether there has been sufficient progress on the issues of the island of Ireland, the financial settlement, and citizens’ rights. Donald Tusk, President of the European Council – which compared to the Council of the EU is the platform for the heads of state, whereas the latter is a ministerial, functionary and ambassadorial platform – has set a strict deadline for the UK to come up with credible and satisfactory solutions across the board. At the moment, EU officials have confirmed that


Theresa May offered a new calculation for the divorce bill, which apparently is a big jump from the original offer of EUR 20 billion. No one has mentioned any real numbers, but speculation is rife. Probably also because the EU-27 is expecting something in writing before confirming anything. But, now the focus has moved from the cash to the island of Ireland as the main contentious issue. The Taoiseach (Irish for Prime Minister – warning, do not read as written, but as tea-shook) Leo Varadkar is flirting with a veto on moving to the next phase if insufficient guarantees are made to avoid a hard border between the Irelands. To be fair, he does seem


rather disinclined to be the one going against the grain, but at the same time solidarity has been declared by several top-level politicians across Europe for his concerns. As I am writing, Mr Tusk is visiting the Taoiseach to discuss the issue. Meanwhile, Spanish Deputy Minister for European


Affairs Jorge Toledo has signalled a potential unilateral move by Spain to safeguard its tourism industry, especially in light of the potential disruptions that Brexit brings to the aviation industry. Even though Spain has declared its full support for chief EU-27 negotiator Michel Barnier, the Iberians might seek to have a broader unilateral approach if Brexit disruptions play against Spain’s favour. Let’s not forget, tourism is not the only Spanish business interest in relation to the UK. So, how does Gibraltar come into play? Well, even though signals are mixed about Spain’s intention with Gibraltar, the British Overseas Territory will cease to be part of the EU after Brexit. This will not play well with those based there who are proponents of the Internal Market approach to online gambling rather than those who advocate a national licensing approach (where each country decides what gambling products are permitted and regulated). Here is a thought. Maybe the population and economy of Gibraltar will look to push for a close relationship with Spain. Over 95% voted to remain in the EU.


Greetings from Brussels and a happy New Year! DECEMBER 2017 31


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