responsibility is provided for the infringements concerned in the Member State under whose jurisdiction
the said media service provider falls.
(7) The Council for Electronic Media may, in urgent cases but no later than one month after the alleged
infringement, take a decision on non-application of the conditions provided for in Paragraph (4). The
Council for Electronic Media shall notify the measures taken in the shortest possible time to the
European Commission and to the Member State under whose jurisdiction the media service provider
falls, indicating the reasons for which the Council considers that there is urgency.
(8) The European Commission shall examine the compatibility of the notified measures with European
Union law in the shortest possible time. If incompatibility is determined, the Council for Electronic
Media shall put an end to the measures as a matter of urgency.
(9) If the European Commission lacks information necessary to take a decision pursuant to Paragraphs
(2) and (4) and within one month of the receipt of the notification requests the information necessary to
reach that decision, the Council for Electronic Media shall provide the relevant information. The time
limit within which the European Commission is to take the decision shall be suspended until such
necessary information has been provided but, in any case, the suspension of the time limit shall not last
longer than one month.
(10) The exchange experiences and best practices regarding the procedure under this Article shall be
encouraged in the framework of the Contact Committee established pursuant to Article 29 of Directive
2010/13/EU and the European Regulators Group for Audiovisual Media Services (ERGA), hereinafter
referred to as "ERGA".
Article 5b. (New, SG No. 109/2020, effective 22.12.2020) (1) If the Republic of Bulgaria
exercises the freedom thereof to adopt more detailed or stricter rules of general public interest and if the
Council for Electronic Media assesses that a media service provider under the jurisdiction of another
Member State of the European Union provides an audiovisual media service which is wholly or mostly
directed towards the territory of the Republic of Bulgaria, the Council may request the Member State
having jurisdiction to address any problems identified in relation to this Article, whereupon the States
shall cooperate sincerely and swiftly with a view to achieving a mutually satisfactory solution.
(2) Upon receiving a substantiated request from another Member State which has exercised the freedom
thereof to adopt more detailed or stricter rules of general public interest in respect of a provider under
Bulgarian jurisdiction providing an audiovisual media service which is wholly or mostly directed
towards the territory of that other Member State, the Council for Electronic Media shall require the
media service provide under Bulgarian jurisdiction to comply with the rules of general public interest in
question.
(3) In the cases referred to in Paragraphs (1) and (2), the Member State having jurisdiction shall
regularly inform the requesting Member State of the steps taken to address the problems identified.
Within two months of the receipt of the request, the Member State having jurisdiction shall inform the
requesting Member State and the European Commission of the results obtained and explain the reasons
where a solution could not be found. Either Member State may invite the Contact Committee established
pursuant to Article 29 of Directive 2010/13/EU to examine the case at any time.
(4) The Council for Electronic Media may adopt appropriate measures against the media service
provider from another Member State in the cases provided for in Paragraph (1) where:
1. the Council assesses that the results achieved through the application of the measures under Paragraph
(1) are not satisfactory, and
2. the Council has adduced evidence showing that the media service provider in question has established
itself in the Member State having jurisdiction in order to circumvent the stricter rules, in the fields
coordinated by Directive 2010/13/EU, as amended by Directive (EU) 2018/1808, which would be
applicable to it if the said provider were under Bulgarian jurisdiction.
(5) The Council for Electronic Media must possess evidence which allows for such circumvention to be
reasonably established, without the need to prove the media service provider’s intention to circumvent
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