Also governed by the provisions of this code is the performance right in a work broadcast by satellite from the territory of a non-EU Member State that does not provide a level of copyright protection equivalent to that guaranteed by this code:
1° Where the uplink to the satellite is made from a station located on national territory. The rights provided for by this code may then be exercised against the operator of the station;
2° When the uplink to the satellite is not made from a station located in a Member State of the European Union and when the broadcast is made at the request of, on behalf of or under the control of a broadcasting organisation having its principal place of business on national territory. The rights provided for in this code may then be exercised with regard to the broadcasting organisation.