European Commission takes Bulgaria to ECJ over terrorism content rules
The European Commission said on June 18 that it has decided to refer Bulgaria to the EU Court of Justice (ECJ) over its failure to fully transpose Regulation (EU) 2021/784 on terrorist content online.
As part of its latest infringements package, the EC said that Bulgaria was one of three countries that did not comply with certain obligations set out in the regulation, which requires that terrorist content in the EU is taken down by online platforms within one hour upon receipt of a removal order issued by member States’ authorities.
The Commission said that incomplete transposition included one or more of the following requirements – designating a body responsible for enforcing the regulation and ensuring compliance (as well as notifying the EC of that body); establishing a public contact point to handle requests for clarification and feedback in relation to removal orders; and laying down the rules and measures on penalties in case of non-compliance of hosting service providers with their legal obligations.
This takes the number of ECJ referrals of infringement cases against Bulgaria to four this year, following six other cases referred to the court last year and seven more referred to the ECJ in 2023.
In its June infringements package, the Commission also opened a new infringement proceeding against Bulgaria for failing to correctly transpose Directive (EU) 2020/2184 on drinking water.
Specifically, the EC said that the national law does not correctly reflect the scope of exemptions and derogations provided in the directive, the risk assessment and risk management required for the drinking water supply system, and aspects regarding the monitoring of the quality of drinking water.
Bulgaria now two months to address the concerns raised by the EC or the Commission may decide to escalate the proceedings with a reasoned opinion.
The EC said that it did just so in the ongoing infringement case regarding Bulgaria’s failure to comply with the provisions of Directive 2002/49/EC on noise pollution. Should Bulgaria fail to address the Commission’s concerns laid out in the reasoned opinion in the next two months, the EC can choose to refer the case to the ECJ.
(Entrance to the Berlaymont building, headquarters of the European Commission. Photo: EU Audiovisual Service)
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