5.—(1) No person shall sell or rent out or otherwise make available, or offer or expose for sale or rent or otherwise for making available, any equipment to which this regulation applies unless that equipment possesses the capability—
(a)to allow the descrambling of signals according to the common European scrambling algorithm as administered by the European Telecommunications Standards Institute (ETSI); and
(b)to display television programmes that have been transmitted unscrambled:
save that if the equipment is rented, this regulation applies only if the rentee is in compliance with the relevant rental agreement.
(2) This regulation applies to all consumer equipment intended for the reception of digital television signals and capable of descrambling such signals, except equipment which was put on the market in any member State before 25th July 2003.