159A.— (1) For the purposes of this Act, subject to subsections (2) and (3), the following are European works:

(a) works originating in Member States;

(b) works originating in third countries that are European states party to the European Convention on Transfrontier Television of the Council of Europe done at Strasbourg on 5 May 1989;

(c) works that do not fall within paragraph (a) or (b), that are co‑produced within the framework of agreements related to the audiovisual sector concluded between the European Union and third countries, and that fulfil the conditions defined in those agreements;

(d) works that do not fall within paragraph (a), (b) or (c), and that are co-produced within the framework of bilateral co-production agreements concluded between Member States and third countries, provided that—

(i) the co-producers from the Member States supply a majority share of the total cost of production, and

(ii) the production is not controlled by one or more co-producers established in a third country.

(2) Subsection (1)(b) and (c) do not apply in the case of a third country if works originating in Member States are the subject of discriminatory measures in that country.

(3) A work falls within paragraph (a) or (b) of subsection (1) only if it is mainly made with authors and workers residing in one or more of the states referred to in those paragraphs and meets one of the conditions in subsections (4) to (6).

(4) The first condition is that the work is made by one or more producers established in one or more of those states.

(5) The second condition is that the production of the work is supervised and controlled by one or more producers established in one or more of those states.

(6) The third condition is that there are co-producers, including one or more established outside those states, but—

(a) the contribution of co-producers established in those states to the total co-production costs is preponderant, and

(b) the co-production is not controlled by one or more co-producers established outside those states.

(7) In this section, “third country” means a state other than a Member State.]