those stricter rules, referring, in particular, inter alia, to the origin of the advertising revenues or
distribution revenues, the main language of the service or the existence of programme services or
advertisements targeted specifically at the Bulgarian public. The measures taken must be objectively
necessary, applied in a non-discriminatory manner and proportionate to the objectives which they
pursue.
(6) Measures under Paragraph (5) may be taken only where the following conditions are met:
1. the Council for Electronic Media has notified the European Commission and the Member State in
which the media service provider is established of the Council’s intention to take such measures while
substantiating the grounds on which it bases its assessment;
2. 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 a view on the alleged infringements and the intended
measures;
3. the Commission has decided, complying with the procedure provided for in Directive 2010/13/EU, as
amended by Directive (EU) 2018/1808, that the measures are compatible with Union law, in particular
that assessments made by the Council for Electronic Media of the taking of the said measures are
correctly founded.
(7) Within three months of the receipt of the notification referred to in Item 1 of Paragraph (6), the
European Commission shall take the decision on whether the measures under Paragraph (5) are
compatible with European Union law. If incompatibility is determined, the Council for Electronic Media
shall refrain from taking the intended measures.
(8) If the European Commission lacks information necessary to take a decision pursuant to Item 3 of
Paragraph (6) 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.
(9) Media service providers under the jurisdiction of other Member States of the European Union, which
provide media services which are wholly or mostly directed towards the territory of Bulgaria, shall
comply with the Bulgarian legislation applicable to audiovisual media services.
(10) The Electronic Commerce Act shall apply unless otherwise provided for in this Act. In case of
conflict between the Electronic Commerce Act and this Act, this Act shall prevail, unless otherwise
provided for in this Act.
Article 5c. (New, SG No. 109/2020, effective 22.12.2020) (1) Media service providers shall
inform the Council for Electronic Media about any changes that may affect the determination of
jurisdiction in accordance with Item 23 of § 1 of the Supplementary Provisions herein.
(2) In the public register referred to in Article 125j herein, the Council for Electronic Media shall
maintain an up-to-date list of the media service providers under the jurisdiction of the Republic of
Bulgaria and on which of the criteria set out in Item 23 of § 1 of the Supplementary Provisions herein
their jurisdiction is based. The Council for Electronic Media shall inform the European Commission of
the said list and of any updates thereto. A solution to any inconsistencies between the providers as
recorded in the register and the lists of other States shall be found in cooperation with the European
Commission and the national regulatory authorities concerned.
(3) The lists of the States shall be kept up-to-date by the European Commission in a centralised database
that shall be made publicly available. The European Commission shall ensure that the national
regulatory authorities have access to the said database.
(4) Where, in applying Article 5a or 5b herein, the Member States concerned do not agree on which
Member State has jurisdiction, the Council for Electronic Media shall bring the matter to the attention of
the European Commission without undue delay. The European Commission shall adopt a decision on
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