IP/N/1/EU/C/5  
 
15 April 2013  
(13-1731)  Page: 1/9  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
EUROPEAN UNION 
This document reproduces the text1 of Council Directive 93/83/EEC of 27 September 1993 on the 
coordination of certain rules concerning copyrigh t and rights related to copyright applicable to 
satellite broadcasting and cable retransmission, as notified by the European Union on 20 March 2013 under Article 63.2 of the Agreement (see document IP/N/1/EU/1). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
UNION EUROPÉENNE  
Le présent document contient le texte1 de la Directive 93/83/CEE du Conseil du 
27 septembre 1993 relative à la coordination de certaines règles du droit d'auteur et des droits 
voisins applicables à la radiodiffusion par satellite et à la retransmission par câble, notifiée par 
l'Union européenne le 20 mars 2013 au titre de  l'article 63:2 de l'Accord (voir le document 
IP/N/1/EU/1). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
UNIÓN EUROPEA  
En el presente documento se reproduce el texto1 de la Directiva 93/83/CEE del Consejo, de 27 de 
septiembre de 1993, sobre coordinación de determinadas disposiciones relativas a los derechos de autor y derechos afines a los derechos de autor en el ámbito de la radiodifusión vía satélite y de la 
distribución por cable, notificado por la Unión Europea el 20 de marzo de 2013 en virtud de lo 
dispuesto en el párrafo 2 del artículo 63 de l Acuerdo (véase el documento IP/N/1/EU/1). 
 
 
 
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/EU/C/5 
 
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  6. 10. 93  Official Journal of the European Communities  No L 248/15 
_____________________________________________________________________________ 
  
II 
 
(Acts whose publication is not obligatory) 
 
COUNCIL 
 
 
COUNCIL DIRECTIVE 93/83/EEC 
 
of 27 September 1993 
 
on the coordination of certain rules conc erning copyright and rights related to 
copyright applicable to satellite br oadcasting and cable retransmission 
  
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES,   
Having regard to the Treaty establishing the 
European Economic Community, and in particular Articles 57 (2) and 66 thereof,  
 
Having regard to the proposal from the Commission
1,  
 
In cooperation with the European 
Parliament2,  
 
Having regard to the opinion of the Economic 
and Social Committee3,  
 
(1) Whereas the objectives of the Community 
as laid down in the Treaty include establishing an ever closer union among the peoples of Europe, fostering closer relations 
between the States belonging to the 
Community and ensuring the economic and social progress of the Community countries 
by common action to eliminate the' barriers 
which divide Europe;   
(2) Whereas, to that end, the Treaty provides 
for the establishment of a common market and an area without internal frontiers; whereas measures to achieve this include the 
abolition of obstacles to the free movement 
of services and the institution of a system ensuring that competition in the common 
market is not distorted;. whereas, to that 
end, the Council may adopt directives for the coordination of the provisions laid down by 
                                               
 1 0J No C 255, 1. 10. 1991, p. 3 and 0J No 
C 25, 28. 1. 1993, p. 43. . 
2 0J No C 305, 23. 11. 1992, p. 129 and 0J 
No C 255, 20. 9. 1993. 
3 0J No C 98, 21. 4. 1992, p. 44. law, regulation or administrative action in 
Member States concerning the taking up and pursuit of activities as self-employed 
persons;  
 (3) Whereas broadcasts transmitted across 
frontiers within the Community, in particular 
by satellite and cable, are one of the most important ways of pursuing these Community objectives, which are at the same time 
political, economic, social, cultural and legal;  
 (4) Whereas the Council has already adopted 
Directive 89/552/EEC of 3 October 1989 on 
the coordination of certain provisions laid down by law, regulation or administrative 
action in Member States concerning the 
pursuit of television broadcasting activities
4, 
which makes provision for the promotion of the distribution and production of European 
television programmes and for advertising 
and sponsorship, the protection of minors and the right of reply;  
 
(5) Whereas, however, the achievement of these objectives in respect of cross-border 
satellite broadcasting and the cable 
retransmission of programmes from other Member States is currently still obstructed by a series of differences between national rules 
of copyright and some degree of legal 
uncertainty; whereas this means that holders of rights are exposed to the threat of seeing 
their works exploited without payment of 
remuneration or that the individual holders of exclusive rights in various Member States 
block the exploitation of their rights; whereas 
the legal uncertainty in particular constitutes a direct obstacle in the free circulation of programmes within the Community ;  
                                               
4 OJ No L 298, 17. 10. 1989, p. 23. IP/N/1/EU/C/5 
 
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(6) Whereas a distinction is currently drawn 
for copyright purposes between communication to the public by direct 
satellite and communication to the public by 
communications satellite; whereas, since individual reception is possible and affordable 
nowadays with both types of satellite, there 
is no longer any justification for this differing legal treatment;   
(7) Whereas the free broadcasting of 
programmes is further impeded by the current legal uncertainty over whether 
broadcasting by a satellite whose signals can 
be received directly affects the rights in the country of transmission only or in all 
countries of reception together; whereas, 
since communications satellites and direct satellites are treated alike for copyright purposes, this legal uncertainty now affects 
almost all programmes broadcast in the 
Community by satellite;   
(8) Whereas, furthermore, legal certainty, 
which is a prerequisite for the free movement of broadcasts within the Community, is 
missing where programmes transmitted 
across frontiers are fed into and retransmitted through cable networks;   
(9) Whereas the development of the 
acquisition of rights on a contractual basis by authorization is already making a vigorous 
contribution to the creation of the desired 
European audiovisual area; whereas the continuation of such contractual agreements 
should be ensured and their smooth 
application in practice should be promoted wherever possible;   
(10) Whereas at present cable operators in 
particular cannot be sure that they have actually acquired all the programme rights 
covered by such an agreement;  
 (11) Whereas, lastly, parties in different 
Member States are not all similarly bound by 
obligations which prevent them from refusing without valid reason to negotiate on the acquisition of the rights necessary for cable 
distribution or allowing such negotiations to 
fail;   
(12) Whereas the legal framework for the 
creation of a single audiovisual area laid down in Directive 89/552/EEC must, 
therefore, be supplemented with reference to 
copyright;   (13) Whereas, therefore, an end should be 
put to the differences of treatment of the 
transmission of programmes by communications satellite which exist in the 
Member States, so that the vital distinction 
throughout the Community becomes whether works and other protected subject matter are 
communicated to the public; whereas this 
will also ensure equal treatment of the, suppliers of cross-border broadcasts, regardless of whether they use a direct 
broadcasting satellite or a communications 
satellite;   
(14) Whereas the legal uncertainty regarding 
the rights to be acquired which impedes cross-border satellite broadcasting should be 
overcome by defining the notion of 
communication to the public by satellite at a Community level; whereas this definition should at the same time specify where the 
act of communication takes place; whereas 
such a definition is necessary to avoid the cumulative application of several national 
laws to one single act of broadcasting; 
whereas communication to the public by satellite occurs only when, and in the 
Member State where, the programme-
carrying signals are introduced under the control and responsibility of the broadcasting organization into an uninterrupted chain of 
communication leading to the satellite and 
down towards the earth; whereas normal technical procedures relating to the 
programme-carrying signals should not be 
considered as interruptions to the chain of broadcasting;  
 
(15) Whereas the acquisition on a contractual basis of exclusive broadcasting rights should comply with any legislation on copyright and 
rights related to copyright in the Member 
State in which communication to the public by satellite occurs;  
 
(16) Whereas the principle of contractual freedom on which this Directive is based will 
make it possible to continue limiting the 
exploitation of these rights, especially as far as certain technical means of transmission or certain language versions are concerned;  
 
(17) Whereas, in arriving at the amount of the payment to be made for the rights 
acquired, the parties should take account of 
all aspects of the broadcast, such as the actual audience, the potential audience and 
the language version;  
 (18) Whereas the application of the country-of-origin principle contained in this Directive IP/N/1/EU/C/5 
 
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  could pose a problem with regard to existing 
contracts; whereas this Directive should 
provide for a period of five years for existing contracts to be adapted, where necessary, in 
the light of the Directive; whereas the said 
country-of-origin principle should not, therefore, apply to existing contracts which 
expire before 1 January 2000 ; whereas if by 
that date parties still have an interest in the contract, the same parties should be entitled to renegotiate the conditions of the contract;  
 
(19) Whereas existing international co-production agreements must be interpreted 
in the light of the economic purpose and 
scope envisaged by the parties upon signature; whereas in the past international 
co-production agreements have often not 
expressly and specifically addressed communication to the public by satellite within the meaning of this Directive a 
particular form of exploitation; whereas the 
underlying philosophy of many existing international co-production agreements is 
that the rights in the co-production are 
exercised separately and independently by each co-producer, by dividing the 
exploitation rights between them along 
territorial lines; whereas, as a general rule, in the situation where a communication to the public by satellite authorized by one co-
producer would prejudice the value of the 
exploitation rights of another co-producer, the interpretation of such an existing 
agreement would normally suggest that the 
latter co-producer would have to give his consent to the authorization, by the former 
co-producer, of the communication to the 
public by satellite; whereas the language exclusivity of the latter co-producer will be prejudiced where the language version or 
versions of the communication to the public, 
including where the version is dubbed or subtitled, coincide(s) with the language or 
the languages widely understood in the 
territory allotted by the agreement to the latter co-producer; whereas the notion of 
exclusivity should be understood in a wider 
sense where the communication to the public by satellite concerns a work which consists merely of images and contains no dialogue or 
subtitles; whereas a clear rule is necessary in 
cases where the international co-production agreement does not expressly regulate the 
division of rights in the specific case of 
communication to the public by satellite within the meaning of this Directive;  
 
(20) Whereas communications to the public by satellite from non-member countries will under certain conditions be deemed to occur 
within a Member State of the Community;  
 (21) Whereas it is necessary to ensure that 
protection for authors, performers, producers 
of phonograms and broadcasting organizations is accorded in all Member 
States and that this protection is not subject 
to a statutory licence system; whereas only in this way is it possible to ensure that any difference in the level of protection within the 
common market will not create distortions of 
competition;   
(22) Whereas the advent of new technologies 
i s  l i k e l y  t o  h a v e  a n  i m p a c t  o n  b o t h  t h e  quality and the quantity of the exploitation of 
works and other subject matter;  
 (23) Whereas in the light of these developments the level of protection granted 
pursuant to this Directive to all rightholders 
in the areas covered by this Directive. should remain under consideration;  
 
(24) Whereas the harmonization of legislation envisaged in this Directive entails 
the harmonization of the provisions ensuring 
a high level of protection of authors, performers, phonogram' producers and broadcasting organizations; whereas this 
harmonization should not allow a 
broadcasting organization to take advantage of differences in levels of protection by 
relocating activities, to the detriment of 
audiovisual productions;   
(25) Whereas the protection provided for 
rights related to copyright should be aligned on that contained in Council Directive 92/100/EEC of 19 November 1992 on rental 
right and lending right and on certain rights 
related to copyright in the field of intellectual property
1 for the purposes of communication 
to the public by satellite; whereas, in 
particular, this will ensure that performers and phonogram producers are guaranteed an 
appropriate remuneration for the 
communication to the public by satellite of their performances or phonograms;  
(26) Whereas the provisions of Article 4 do 
not prevent Member States from extending the presumption set out in Article 2 (5) of 
Directive 92/100/EEC to the exclusive rights 
referred to in Article 4; whereas, furthermore, the provisions of Article 4 do 
not prevent Member States from providing 
for a rebuttable presumption of the 
                                               
1 0J No L 346, 27. 11. 1992, p. 61.  
 IP/N/1/EU/C/5 
 
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  authorization of exploitation in respect of the 
exclusive rights of performers referred to in 
that Article, in so far as such presumption is compatible with the International Convention 
for the Protection of Performers, Producers of 
Phonograms and Broadcasting Organizations;  
(27) Whereas the cable retransmission of 
programmes from other Member States is an act subject to copyright and, as the case may be, rights related to copyright; whereas the 
cable operator must, therefore, obtain the 
authorization from every holder of rights in each part of the programme retransmitted; 
whereas, pursuant to this Directive, the 
authorizations should be granted contractually unless a temporary exception is 
provided for in the case of existing legal 
licence schemes;   (28) Whereas, in order to ensure that the 
smooth operation of contractual 
arrangements is not called into question by the intervention of outsiders holding rights in 
individual parts of the programme, provision 
should be made, through the obligation to have recourse to a collecting society, for the 
exclusive collective exercise of the 
authorization right to the extent that this is required by the special features of cable retransmission; whereas the authorization 
right as such remains intact and only the 
exercise of this right is regulated to some extent, so that the right to authorize a cable 
retransmission can still be assigned; whereas 
this Directive does not affect the exercise of moral rights;  
 
(29) Whereas the exemption provided for in Article 10 should not limit the choice of holders of rights to transfer their rights to a 
collecting society and thereby have a direct 
share in the remuneration paid by the cable distributor for cable retransmission;  
 
(30) Whereas contractual arrangements regarding the authorization of cable 
retransmission should be promoted by 
additional measures; whereas a party seeking the conclusion of a general contract should, for its part, be obliged to submit 
collective proposals for an agreement; 
whereas, furthermore, any party shall be entitled, at any moment, to call upon the 
assistance of impartial mediators whose task 
is to assist negotiations and who may submit proposals; whereas any such proposals and 
any opposition thereto should be served on 
the parties concerned in accordance with the applicable rules concerning the service of legal documents, in particular as set out in existing international conventions; whereas, 
finally, it is necessary to ensure that the 
negotiations are not blocked without valid justification or that individual holders are not 
prevented without valid justification from 
taking part in the negotiations; whereas none of these measures for the promotion of the 
acquisition of rights calls into question the 
contractual nature of the acquisition of cable retransmission rights;   
(31) Whereas for a transitional period 
Member States should be allowed to retain existing bodies with jurisdiction in their 
territory over cases where the right to 
retransmit a programme by cable to the public has been unreasonably refused or 
offered on unreasonable terms by a 
broadcasting organization; whereas it is understood that the right of parties concerned to be heard by the body should be 
guaranteed and that the existence .of the 
body should not prevent the parties concerned from having normal access to the 
courts;  
 (32) Whereas, however, Community rules 
are not needed to deal with all of those 
matters, the effects of which perhaps with some commercially insignificant exceptions, are felt only inside the borders of a single 
Member State;  
 (33) Whereas minimum rules should be laid 
down in order to establish and guarantee free 
and uninterrupted cross-border broadcasting by satellite and simultaneous, unaltered 
cable retransmission of programmes 
broadcast from other Member States, on an essentially contractual basis;   
(34) Whereas this Directive should not 
prejudice further harmonization in the field of copyright and rights related to copyright and 
the collective administration of such rights; 
whereas the possibility for Member States to regulate the activities of collecting societies 
should not prejudice the freedom of 
contractual negotiation of the rights provided for in this Directive, on the understanding that such negotiation takes place within the 
framework of general or specific national 
rules with regard to competition law or the prevention of abuse of monopolies;  
 
(35) Whereas it should, therefore, be for the Member States to supplement the general 
provisions needed to achieve the objectives 
of this Directive by taking legislative and administrative measures  in their domestic 
law, provided that these do not run counter IP/N/1/EU/C/5 
 
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  to the objectives of this Directive and are 
compatible with Community law;  
 (36) Whereas this Directive does not affect 
the applicability of the competition rules in 
Articles 85 and 86 of the Treaty,   
 
 HAS ADOPTED THIS DIRECTIVE:   
CHAPTER I 
 
DEFINITIONS 
 
Article 1 
 
Definitions 
 1. For the purpose of this Directive, 'satellite' means any satellite operating on frequency 
bands which, under telecommunications law, 
are reserved for the broadcast of signals for reception by the public or which are reserved 
for closed, point-to-point communication. In 
the latter case, however, the circumstances in which individual reception of the signals 
takes place must be comparable to those 
which apply in the first case.   2. (a) For the purpose of this Directive, 
'communication to the public by satellite' 
means the act of introducing, under the control and responsibility of the broadcasting 
organization, the programme-carrying signals 
intended for reception by the public into an uninterrupted chain of communication 
leading to the satellite and down towards the 
earth.   (b) The act of communication to the public by 
satellite occurs solely in the Member State 
where, under the control and responsibility of the broadcasting organization, the 
programme-carrying signals are introduced 
into an uninterrupted chain of communication leading to the satellite and down towards the 
earth.  
 (c) If the programme-carrying signals are encrypted, then there is communication to 
the public by satellite on condition that the 
means for decrypting the broadcast are provided to the public by the broadcasting 
organization or with its consent.  
 (d) Where an act of communication to the 
public by satellite occurs in a non-Community 
State which does not provide the level of protection provided for under Chapter II,   (i) if the programme-carrying signals are 
transmitted to the satellite from an uplink 
situation situated in a Member State, that act of communication to the public by' satellite 
shall be deemed to have occurred in that 
Member State and the rights provided for under Chapter II shall be exercisable against 
the person operating the uplink station; or  
 (ii) if there is no use of an uplink station situated in a Member State but a 
broadcasting organization established in a 
Member State has commissioned the act of communication to the public by satellite, that 
act shall be deemed to have occurred in the 
Member State in which the broadcasting organization has its principal establishment in 
the Community arid the rights provided for 
under Chapter II shall be exercisable against the broadcasting organization.   
3. For the purposes of this Directive, 'cable 
retransmission' means the simultaneous, unaltered and unabridged retransmission by 
a cable or microwave system for reception by 
the public of an initial transmission from another Member State, by wire or over the 
air, including that by satellite, of television or 
radio programmes intended for reception by the public.   
4. For the purposes of this Directive 
'collecting society' means any organization which manages or administers copyright or· 
rights related to copyright as its sole purpose 
or as one of its main purposes.   
5. For the purposes of this Directive, the 
principal director of a cinematographic or audiovisual work shall be considered as its author or one of its authors. Member States 
may provide for others to be considered as 
its co-authors.   
 
CHAPTER II 
 
BROADCASTING OF PROGRAMMES BY 
SATELLITE 
 
Article 2 
 
Broadcasting right 
 
Member States shall provide an exclusive 
right for the author to authorize the communication to the public by satellite of 
copyright works, subject to the provisions set 
out in this chapter.    IP/N/1/EU/C/5 
 
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  Article 3 
 
Acquisition of broadcasting rights 
 
1. Member States shall ensure that the 
authorization referred to in Article 2 may be acquired only be agreement.  
 
2. A Member State may provide that a collective agreement between a collecting society and a broadcasting organization 
concerning a given category of works may be 
extended to rightholders of the same category who are not represented by the 
collecting society, provided that:  
 - the communication to the public by 
satellite simulcasts a terrestrial 
broadcast by the same broadcaster, and  
 
- the unrepresented rightholder shall, at 
any time, have the possibility of excluding the extension of the 
collective agreement to his works and 
of exercising his rights either individually 'or collectively.  
 
3. Paragraph 2 shall not apply to cinematographic works, including works created by a process analogous to 
cinematography.  
 4. Where the law of a Member State provides 
for the extension of a collective agreement in 
accordance with the provisions of paragraph 2, that Member States shall inform 
the Commission which broadcasting 
organizations are entitled to avail themselves of that law. The Commission shall publish this information in the Official Journal of the 
European Communities  (C series).  
  
Article 4 
 
Rights of performers, phonogram 
producers and broadcasting 
organizations 
 1. For the purposes of communication to the 
public by satellite, the rights of performers, 
phonogram producers and broadcasting organizations shall be protected in 
accordance with the provisions of Articles 6, 
7, 8 and 10 of Directive 92/100/EEC.   
2. For the purposes of paragraph 1, 
'broadcasting by wireless means' in Directive 92/100/EEC shall be understood as including communication to the public by 
satellite.  
 3. With regard to the exercise of the rights 
referred to in paragraph 1, Articles 2 (7) and 
12 of Directive 92/100/EEC shall apply.   
 
Article 5 
 
Relation between copyright and related 
rights 
 Protection of copyright-related rights under 
this Directive shall leave intact and shall in 
no way affect the protection of copyright.   
 
Article 6 
 
Minimum protection 
 
1. Member States may provide for more far-reaching protection for holders of rights 
related to copyright than that required by 
Article 8 of Directive 92/100/EEC.   
2. In applying paragraph 1 Member States 
shall observe the definitions contained in Article 1 (1) and (2).   
 
Article 7 
 
Transitional provisions 
 1. With regard to the application in time of 
the rights referred to in Article 4 (1) of this 
Directive, Article 13 (1), (2), (6) and (7) of Directive 92/100/EEC shall apply. Article 13 (4) and (5) of Directive 
92/100/EEC shall apply mutatis mutandis .  
 2. Agreements concerning the exploitation of 
works and other protected subject matter 
which are in force on the date mentioned in. Article 14 (1) shall be subject to the 
provisions of Articles 1 (2), 2 and 3 as from 1 
January 2000 if they expire after that date.   3. When an international co-production 
agreement concluded before the date 
mentioned in Article 14 (1) between a co-producer from a Member State and one or 
more co-producers from other Member 
States or third countries expressly provides for a system of division of exploitation rights 
between the co-producers by geographical 
areas for all means of communication to the public, without distinguishing the arrangement applicable to communication to IP/N/1/EU/C/5 
 
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  the public by satellite from the provisions 
applicable to the other means of 
communication, and where communication to the public by satellite of the co-production 
would prejudice the exclusivity, in particular 
the language exclusivity, of one of the co-producers or his assignees in a given 
territory, the authorization by one of the co-
producers. or his assignees for a communication to the public by satellite shall require the prior consent of the holder of that 
exclusivity, whether co-producer or assignee.  
  
CHAPTER III 
 
CABLE RETRANSMISSION 
 
Article 8 
 
Cable retransmission right 
 
1. Member States shall ensure that when programmes from other Member States are 
retransmitted by cable in their territory the 
applicable copyright and related rights are observed and that such retransmission takes 
place on the basis of individual or collective 
contractual agreements between copyright owners, holders of related rights and cable operators.  
 
2. Notwithstanding paragraph 1, Member States may retain until 31 December 1997 
such statutory licence systems which are in 
operation or expressly provided for by national law on 31 July 1991.  
 
 
Article 9 
 
Exercise of the cable retransmission 
right 
 
1. Member States shall ensure that the right 
of copyright owners and holders or related rights to grant or refuse authorization to a 
cable operator for a cable retransmission 
may be exercised only through a collecting society.   
2. Where a rightholder has not transferred 
the management of his rights to a collecting society, the collecting society which manages 
rights of the same category shall be deemed 
to be mandated to manage his rights. Where more than one collecting society manages 
rights of that category, the rightholder shall 
be free to choose which of those collecting societies is deemed to be mandated to manage his rights. A rightholder referred to in this paragraph shall have the same rights 
and obligations resulting from the agreement 
between the cable operator and the collecting society which is deemed to be mandated to 
manage his rights as the rightholders who 
have mandated that collecting society and he shall be able to claim those rights within a 
period, to be fixed by the Member State 
concerned, which shall not be shorter than three years from the date of the cable retransmission which includes his work or 
other protected subject matter.  
 3. A Member State may provide that, when a 
rightholder authorizes the initial transmission 
within its territory of a work or other protected subject matter, he shall be deemed 
to have agreed not to exercise his cable 
retransmission rights on an individual basis but to exercise them in accordance with the provisions of this Directive.  
 
 
Article 10 
 
Exercise of the cable retransmission 
right by broadcasting organizations 
 
Member States shall ensure that Article 9 does not apply to the rights exercised by a broadcasting organization in respect of its 
own transmission, irrespective of whether the 
rights concerned are its own or have been transferred to it by other copyright owners 
and/or holders of related rights.  
  
Article 11 
 
Mediators 
 
1. Where no agreement is concluded 
regarding authorization of the cable retransmission of a broadcast. Member 
States shall ensure· that either party may 
call upon the assistance of one or more mediators.  
 
2. The task of the mediators shall be to provide assistance with negotiation. They may also submit proposals to the parties.  
 
3. It shall be assumed that all the parties accept a proposal as referred to in paragraph 
2 if none of them expresses its opposition 
within a period of three months. Notice of the proposal and of any opposition thereto shall 
be served on the parties concerned in 
accordance with the applicable rules concerning the service of legal documents.   IP/N/1/EU/C/5 
 
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  4. The mediators shall be so selected that 
their independence and impartiality are 
beyond reasonable doubt.   
 
Article 12 
 
Prevention of the abuse of negotiating 
positions 
 1. Member States shall ensure by means of 
civil or administrative law, as appropriate, 
that the parties enter and conduct negotiations regarding authorization for cable 
retransmission in good faith and do not 
prevent or hinder negotiation without valid justification.  
 
2. A Member State which, on the date mentioned in Article 14 (1), has a body with jurisdiction in its territory over cases where 
the right to retransmit a programme by cable 
to the public in that Member State has been unreasonably refused or offered on 
unreasonable terms by a broadcasting 
organization may retain that body.   
3. Paragraph 2 shall apply for a transitional 
period of eight years from the date mentioned in Article 14 (1).   
 
CHAPTER IV 
 
GENERAL PROVISIONS 
 
Article 13 
 
Collective administration of rights 
 This Directive shall be without prejudice to 
the regulation of the activities of collecting 
societies by the Member States.   
 Article 14 
 
Final provisions 
 
1. Member States shall bring into force the 
laws, regulations and administrative provisions necessary to comply with this 
Directive before 1 January 1995. They shall 
immediately inform the Commission thereof.   When Member States adopt these measures, 
the latter shall contain a reference to this 
Directive or shall be accompanied by such reference at the time of their official 
publication. The methods of making such a 
reference shall be laid down by the Member States.  
 
2. Member States shall communicate to the Commission the provisions of national law which they adopt in the field covered by this 
Directive.  
 3. Not later than 1 January 2000, the 
Commission shall submit to the European 
Parliament, the Council and the Economic and Social Committee a report on the 
application of this Directive and, if necessary, 
make further proposals to adapt it to developments in the audio and audiovisual sector.  
 
 
Article 15 
 
This Directive is addressed to the Member States.  
 
 Done at Brussels, 27 September 1993.   
 
 For the Council  
 
 The President 
  R. URBAIN  
 
  
 
__________