European Commission (EC) decided Wednesday to refer Bulgaria to the Court of Justice of the European Union on two claims – for failing to fully transpose EU copyright rules into national law and for failing to enact EU rules on open data and public sector data re-use.
Bulgaria is one of six Member States referred by the EC to the Court of Justice of the EU on two directives on the copyright claim – for failing to notify complete transposition measures on copyright and related rights in the Digital Single Market and for not notifying complete transposition of EU rules to the EC with regard to the EU Directive on copyright and related rights applicable to certain online transmissions.
The second claim regarding the EU rules on open data and public sector data re-use is against Bulgaria, Belgium, Latvia and the Netherlands. They are referred to EU’s Court of Justice because they did not communicate their national measures before the deadline set for July 17, 2021. A letter of formal notice was sent in September 2021 followed by a reasoned opinion sent between April and June 2022 to these Member States.
The EC also decided to send a reasoned opinion to Bulgaria for failing to correctly transpose certain elements of the EU rules on combating terrorism. This includes criminalizing and sanctioning terrorist-related offences, such as travelling outside or within the EU to commit a terrorist offence, training for terrorist purposes and financing terrorism. Member States had to transpose the directive into national law by September 8, 2018. The EC sent a letter of formal notice on June 9, 2021. Bulgaria has two months to respond to the reasoned opinion and take the necessary measures. Otherwise, the EC may decide to refer the case to the Court of Justice of the EU.
The EC sent additional letters of formal notice to Bulgaria and eleven other Member States for failure to correctly transpose all the requirements of the fight against child sexual abuse directive. The directive requires Member States to introduce minimum rules concerning the definition of criminal offences and sanctions in the area of sexual abuse and sexual exploitation of children, child pornography and solicitation of children for sexual purposes. It also introduces provisions to strengthen the prevention of those crimes and the protection of victims. The EC had already sent letters of formal notice to Bulgaria, Malta, Romania and Slovakia on July 25, 2019. These Member States now have two months to respond to the arguments raised by the EC. In the absence of a satisfactory response, the EC may decide to issue a reasoned opinion.
The EC decided to open an infringement procedure by sending a letter of formal notice to Bulgaria and eight other Member States for failing to comply with the Marine Strategy Framework Directive, which aims to protect the EU’s seas and oceans and ensure that their resources are managed sustainably. Under the directive, Member States were required to review and update their “monitoring programmes” by October 15, 2020 and their “programmes of measures” by March 13, 2022. Bulgaria failed to submit reports on the review of their programmes of measures to the EC by the required deadlines. As a result, the EC decided to send a letter of formal notice. The Member States concerned have two months to respond and address the shortcomings raised. In the absence of a satisfactory response, the EC may decide to issue a reasoned opinion.
The EC decided to open an infringement procedure by sending a letter of formal notice to Bulgaria and 15 other Member States for failing to finalise the revision of the river basin management plans as required under the Water Framework Directive and/or the flood risk management plans as required under the Floods Directive. The EC is therefore sending them a letter of formal notice as they now have two months to respond and address the shortcomings raised. In the absence of a satisfactory response, the EC may decide to issue a reasoned opinion.
The EC decided to open an infringement procedure by sending a letter of formal notice to Bulgaria, Croatia and Slovenia for failing to implement the Fertilising Product Regulations. The regulation formulates obligations for Member States to adopt the national rules needed for the designation of notifying authorities. These authorities designate, assess and monitor conformity assessment bodies in charge of supporting manufacturers in CE-marking their products, showing they meet EU safety, health or environmental requirements. Only a notified conformity assessment body is entitled to perform the conformity assessment activities laid down in the regulation. Bulgaria did not designate a notifying authority nor lay down procedures for conformity assessment bodies while Croatia’s and Slovenia’s notifying authorities failed to lay down such procedures. Due to the missing procedures, conformity assessment bodies established in the three Member States cannot request to be notified by the notifying authority. Therefore, products cannot be placed on the market as CE-marked products unless fertilizing products’ manufacturers choose to have their products assessed in another Member State. However, this could lead to higher costs for manufactures to CE-mark and could even discourage them from having their product CE-marked. Bulgaria, Croatia and Slovenia now have two months to address the concerns raised by the EC. Otherwise, the EC may decide to send a reasoned opinion to these Member States.
The EC decided to launch and to pursue 24 cases against several Member States for various breaches of services-related legislation. These decisions are taken to ensure the correct implementation of rules aiming at the good functioning of the single market for services. The EC has decided to open and pursue infringement procedures relating to the EU Proportionality Test Directive. In particular, to send additional letters of formal notice to Bulgaria and 10 other Member States. All Member States concerned have two months to respond to the arguments raised by the EC. Otherwise, the EC may decide to take the next step in the procedure.
