The Satellite and Cable Directive

This briefing is one in a series of 'Implementation Appraisals' on the operation of existing EU legislation in
practice. Each such briefing focuses on a specific EU law which is likely to be amended or reviewed, as foreseen in the European Commission's Annual Work Programme.

Implementation Appraisals aim to provide a succinct overview of material publicly available on the implementation, application and effectiveness of an EU law to date – drawing on available input from the EU institutions and external
organisations. They are provided to assist parliamentary committees in their consideration of the new proposals, once tabled.Since 1995, when the Satellite and Cable Directive 93/83 was supposed to be transposed into the national laws of the Member States, the broadcasting landscape has been through various changes. While cable retransmission and satellite broadcasting still play their roles, new forms of broadcasting have found a stable place in the broadcasting landscape.

This includes the ability to watch content on demand, through webcasting or simulcasting. Furthermore, a considerable role is played by online broadcasting. These new forms of broadcasting (e.g. online broadcasting, webcasting or simulcasting) bring various challenges for traditional broadcasting organisations, as well as for the rights connected with the broadcasted content (mainly copyright and related rights).

As these new forms of broadcasting are not covered by the existing legal principles, broadening the principles included in Directive 93/83 might be one way to deal with the situation.

On several occasions Parliament has called for changes in the existing legislation to reflect the latest technological developments. The European Economic and Social Committee in its opinions and various studies has also noted that existing legislation will need to be adapted in order to react to these developments.

The intention of the European Commission to review Directive 93/83 and potential amendments of the existing legislation might result in changes to the existing legislation and bring it up to date with the latest developments.

Timeline for new amending legislation:
– The European Commission, in its Commission Work Programme 2016 (CWP 2016), notes that as outlined in the 2015 Digital Single Market Strategy it intends to take forward several actions including a review of the Satellite and Cable Directive (REFIT).

Author: Milan Remac

• Primary Source

EP: EPRS: Briefing: Implementation Appraisal: Ex-ante Impact Assessment http://www.europarl.europa.eu/thinktank/en/search.html?policyAreas=EXIMAS

ESO: Background information: Report from the Commission ... on the application of Council Directive 93/83/EEC on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission http://www.europeansources.info/record/report-from-the-commission-on-the-application-of-council-directive-93-83-eec-on-the-coordination-of-certain-rules-concerning-copyright-and-rights-related-to-copyright-applicable-to-satellite-broad/

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