Bulgaria capitals

EC opens two new infringement proceedings against Bulgaria

The European Commission said on December 2 that it had opened two infringement cases against Bulgaria and had escalated five existing cases as part of its latest infringement package.

In the first of two new cases where the EC sent letters of formal notice, Bulgaria was one of five member states to have incorrectly applied EU rules establishing a European information system on criminal records (ECRIS).

The Commission said it had identified problems related to “the electronic interconnection and efficient exchange of information on criminal records via ECRIS, as well as the notification of all new convictions and updates of convictions to the Member States of the offender’s nationality ”.

With the second letter of formal notice, Bulgaria was one of 18 EU member states to declare that they had not “properly implemented EU rules on a proportionality test before the ‘adoption of new regulations for professions’.

“Failure to properly implement EU rules on proportionality testing could ultimately disadvantage consumers in the form of excessive prices, undermine the development of innovative services or even lead to insufficient access to important services, “said the Commission.

Four of the five cases in which the EC sent a reasoned opinion, the second stage of the infringement procedure, concerned Bulgaria’s shortcomings in the implementation of EU rules on financial services.

These referred to the failure to notify national measures transposing Directive V on capital requirements for investment firms; failure to notify national implementing measures transposing the Directive on investment firms; failure to update national laws exempting entities authorized under the European Crowdfunding Service Providers Regulation; and the lack of communication of the national measures required to implement the European Supervisory Authorities (ESA) review directive amending the Solvency II, MIFID and AMLD4 directives.

In the fifth case, Bulgaria received a reasoned opinion regarding the country’s lack of implementation of Directive (EU) 2018/2001 on the promotion of the use of energy produced from renewable sources.

Bulgaria has two months to respond to the arguments raised by the Commission in its reasoned opinions, failing which the Commission has declared that it may decide to take the cases to the Court of Justice of the European Union.

(Berlaymont building of the headquarters of the European Commission. Photo: JLogan)

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