The European Commission has issued official notices to 13 countries, almost a year after the deadline, asking them to change their European guidelines on copyright.

Rational comments were sent today to Belgium, Bulgaria, Cyprus, Denmark, Greece, France, Latvia, Poland, Portugal, Slovenia, Slovakia, Finland and Sweden for not converting the copyright proposal into national law.

Rational comments are official communications from the Commission, indicating that a country under EU law is not fulfilling its obligations and acting as an official call to comply.

The EU has amended its Copyright Recommendation 2019 in light of the rise of major online platforms. By April 2022, legislation had replaced 12 member states, three of which, Germany, Hungary and the Netherlands, were able to do so before the June 7, 2021 deadline, and soon joined Malta.

In July 2021, the Commission initiated prosecution proceedings against the remaining 23 states, asking them to report their implementation plans. The European Commission has sent formal notices to 13 countries, almost a year after the deadline, inviting them to submit their European directive on copyright.

Many states (Bulgaria, Cyprus, Greece, Ireland, Latvia, Poland, Portugal, Slovenia, Slovakia, and Finland) received reasonable comments today for not handing over the 2019 resolution, which includes human rights. Author programs on online broadcasts of radio and television.

In response to these comments, states must notify the Commission within two months of the steps they are taking to resolve the issue. If not resolved, the Commission may file a lawsuit in the European Union (CJEU).

The 2019 proposal has caused controversy since its drafting, and due to its Article 15 disputes between press publishers and platforms, it gives the former the right to a fair reward for reusing their content on online platforms.

Section 17, which binds platforms to unlicensed copyrighted content, has also created problems, including the auto-removal mechanisms required to enforce it.

In April, the CJEU dismissed a lawsuit filed by Warsaw, arguing that these provisions jeopardized freedom of expression because these systems could erroneously remove legal content.

The CJEU recognized the dangers of violating users’ freedom of expression and information, but upheld the article and ruled that adequate security measures were in place.

Uncertainties about the applicability of Article 17 are one of the factors behind the delay in national implementation, former MEP Felix Reda told EURACTIV in April.