Untitled _ Fraud _ European Union anti money laundering office

Circumvention of rules on invitation to tender by dansk tipstjeneste dansk tipstjeneste A/S has a monopoly on the football pools and lotteries in denmark. Since 1 july 2000, dan sk tip stje nes te has also had a mon opo ly on bett ing on hor se and dog rac ing via its subsid iar y dantot o A/S. In january 2002, dantoto A/S transferred newly acquired TV production equipment to an external TV pro duc tio n com pan y fol low ing the dan toto boa rd’ s dec isi on tha t TV pro duc tion was not wit hin the compan y’s spher e of compete nce. The producti on equipmen t was sold to the production compa ny for DKK 9 million. At the same time, the parties concluded an agreement on broadcasts from horse and dog races. Under the agreement, dantoto has undertaken to pay an eight-figure sum per year for the broadcasts.

The agreement may be terminated by giving 12 months’ notice, though not until the end of 2004 at the earliest.Anti money laundering office despite the value of the contract, no tenders were invited. In a new report, the national audit office of denmark criticises dantoto for not having invited tenders from other TV producers and for not having consulted the market. At the same time, the national audit office writes that, in its opinion, dantoto is not a public body and that therefore dantoto A/S is not required to invite tenders throughout the EU even though the company is making purchases, including services, above the thresholds. Does the commission take the view that the danish government can circumvent EU rules on the award of public contracts by conferring a state monopoly on a limited company? If the commission considers that the danish government has circumvented EU rules on invitations to tender, will it say what options it has avail able to interc ede?

) (here after the dire ctive) applies to publi c servic e contrac ts for pecuni ary inter est concluded in writing between a service provider and a contracting authority.Anti money laundering office an obli gat ion for dan toto to put the bro adc ast ing contra ct ref err ed to in the que sti on to ten der in accordance with the directive only exists if dantoto is to be considered a contracting authority. Because dantoto is not a state, regional or local authority, it must be examined whether dantoto is indeed a body governed by public law, in order for it to be categorised as a contracting authority in accordance with the directive. While it is clear from the national law regulating dantoto (lov om væddeløb i forbindelse med heste- og hundevæddeløb) that it has legal personality and has a board appointed by the minister of taxation who also has to approve the company’s statutes, it is less obvious whether dantoto is established for the 1 0 . 7 . 2 0 0 3 E N C 1 6 1 E / 2 2 1 official journal of the european union

Circumvention of rules on invitation to tender by dansk tipstjeneste dansk tipstjeneste A/S has a monopoly on the football pools and lotteries in denmark.Anti money laundering office since 1 july 2000, dan sk tip stje nes te has also had a mon opo ly on bett ing on hor se and dog rac ing via its subsid iar y dantot o A/S. In january 2002, dantoto A/S transferred newly acquired TV production equipment to an external TV pro duc tio n com pan y fol low ing the dan toto boa rd’ s dec isi on tha t TV pro duc tion was not wit hin the compan y’s spher e of compete nce. The producti on equipmen t was sold to the production compa ny for DKK 9 million. At the same time, the parties concluded an agreement on broadcasts from horse and dog races. Under the agreement, dantoto has undertaken to pay an eight-figure sum per year for the broadcasts. The agreement may be terminated by giving 12 months’ notice, though not until the end of 2004 at the earliest. Despite the value of the contract, no tenders were invited. In a new report, the national audit office of denmark criticises dantoto for not having invited tenders from other TV producers and for not having consulted the market.Anti money laundering office at the same time, the national audit office writes that, in its opinion, dantoto is not a public body and that therefore dantoto A/S is not required to invite tenders throughout the EU even though the company is making purchases, including services, above the thresholds. Does the commission take the view that the danish government can circumvent EU rules on the award of public contracts by conferring a state monopoly on a limited company? If the commission considers that the danish government has circumvented EU rules on invitations to tender, will it say what options it has avail able to interc ede?

) (here after the dire ctive) applies to publi c servic e contrac ts for pecuni ary inter est concluded in writing between a service provider and a contracting authority. An obli gat ion for dan toto to put the bro adc ast ing contra ct ref err ed to in the que sti on to ten der in accordance with the directive only exists if dantoto is to be considered a contracting authority.Anti money laundering office because dantoto is not a state, regional or local authority, it must be examined whether dantoto is indeed a body governed by public law, in order for it to be categorised as a contracting authority in accordance with the directive. While it is clear from the national law regulating dantoto (lov om væddeløb i forbindelse med heste- og hundevæddeløb) that it has legal personality and has a board appointed by the minister of taxation who also has to approve the company’s statutes, it is less obvious whether dantoto is established for the 1 0 . 7 . 2 0 0 3 E N C 1 6 1 E / 2 2 1 official journal of the european union