The following shall be eligible for the benefit of this Title:
1° Database producers who are nationals of a Member State of the European Community or of a State party to the Agreement on the European Economic Area, or who have their habitual residence in such a State;
2° Companies or undertakings formed in accordance with the legislation of a Member State and having their registered office, central administration or principal place of business within the Community or a State party to the Agreement on the European Economic Area; nevertheless, if such a company or undertaking only has its registered office within the territory of such a State, its activities must have a real and continuous link with the economy of one of them.
Database producers who do not satisfy the above conditions shall be admitted to the protection provided by this Title where a special agreement has been concluded with the State of which they are nationals by the Council of the European Community.