(8) (Renumbered from Paragraph (6), amended, SG No. 8/2017, effective 24.01.2017, repealed, SG No. 109/2020, effective 22.12.2020). (9) (New, SG No. 8/2017, effective 24.01.2017, repealed, SG No. 109/2020, effective 22.12.2020). Article 5a. (New, SG No. 109/2020, effective 22.12.2020) (1) Freedom of reception shall be ensured and retransmissions on the territory of the Republic of Bulgaria of audiovisual media services from other Member States of the European Union shall not be restricted for reasons which fall within the fields coordinated by Directive 2010/13/EU, as amended by Directive (EU) 2018/1808. (2) The application of Paragraph (1) may be suspended in respect of an audiovisual media service provided by a media service provider under the jurisdiction of another Member State of the European Union where the said service manifestly, seriously and gravely infringes Item 1 of Article 8 (1) or Article 17a (1) herein or prejudices or presents a serious and grave risk of prejudice to public health, subject to the following conditions: 1. during the previous 12 months, the media service provider has on at least two prior occasions already performed one or more instances of conduct described above in this paragraph; 2. the Council for Electronic Media has notified the media service provider, the Member State having jurisdiction over that provider and the European Commission in writing of the alleged infringements and of the proportionate measures it intends to take should any such infringement occur again; 3. the right of defence of the media service provider has been respected and, in particular, that provider has been given the opportunity to express its views on the alleged infringements; 4. consultations with the Member State having jurisdiction over the media service provider and the European Commission have not resulted in an amicable settlement within one month of the European Commission's receipt of the notification referred to in Item 2. (3) The European Commission shall take a decision on the compatibility of the measures referred to in Item 2 of Paragraph (2) with European Union law within three months of the receipt of the notification referred to in Item 2 of Paragraph (2), the decision of the European Commission being taken according to the procedure provided for in Directive 2010/13/EU, as amended by Directive (EU) 2018/1808. If incompatibility is determined, the Council for Electronic Media shall put an end to the measures referred to in Item 2 of Paragraph (2) as a matter of urgency. (4) The application of Paragraph (1) may be suspended in respect of an audiovisual media service provided by a media service provider under the jurisdiction of another Member State of the European Union where the said service manifestly, seriously and gravely infringes Item 1 of Article 8 (2) herein or prejudices or presents a serious and grave risk of prejudice to public security, including the safeguarding of national security and defence, subject to the following conditions: 1. during the previous 12 months the conduct referred to above in this paragraph occurred at least on one prior occasion; 2. the Council for Electronic Media has notified the media service provider, the Member State having jurisdiction over that provider and the European Commission in writing of the alleged infringements and of the proportionate measures it intends to take should any such infringement occur again; 3. the right of defence of the media service provider concerned has been respected and, in particular, that provider has been given the opportunity to express its views on the alleged infringements; (5) The European Commission shall take a decision on the compatibility of the measures referred to in Item 2 of Paragraph (4) with European Union law within three months of the receipt of the notification referred to in Item 2 of Paragraph (4), the decision of the European Commission being taken according to the procedure provided for in Directive 2010/13/EU, as amended by Directive (EU) 2018/1808. If incompatibility is determined, the Council for Electronic Media shall put an end to the measures referred to in Item 2 of Paragraph (4) as a matter of urgency. (6) Paragraphs (2) and (4) shall apply without prejudice to the existence of grounds for holding the medial service provider concerned administratively, criminally or otherwise responsible where such стр. 5 от 80