159B.— (1) A media service provider under the jurisdiction of the State shall not provide an audiovisual on-demand media service with a catalogue in which the share of European works is less than 30 per cent.

(2)  Subsection (1) does not apply to—

(a) a media service provider with a low turnover or low audience, or

(b) a service exempted by rules under section 159I.

(3) The Commission shall make rules for determining—

(a) for the purposes of subsection (1), whether an audiovisual on‑demand media service has a catalogue in which the share of European works is less than 30 per cent, and

(b) for the purposes of subsection (2)(a), whether a media service provider has a low turnover or low audience.

(4) In making rules under subsection (3), the Commission shall have regard to—

(a) any guidelines issued by the European Commission in accordance with Article 13(7) of the Directive, and

(b) any relevant reports produced by the European Regulators Group for Audiovisual Media Services established by Article 30b of the Directive.

(5) In making rules under subsection (3)(b), the Commission shall have regard to any relevant characteristics of the market in which a media service provider under the jurisdiction of the State provides an audiovisual on-demand media service, including—

(a) the turnover of the provider from the service in the market, as a proportion of the total turnover of providers of audiovisual on‑demand media services from those services in the market, and

(b) the number of audience members of the service in the market, as a proportion of the total number of audience members for audiovisual on-demand media services in the market.

(6) The Commission may make rules prescribing records a provider must keep and any other action a provider must take to enable compliance with the requirement in subsection (1) to be assessed.

(7) A failure to comply with subsection (1) or any rules made under subsection (6) is a contravention for the purposes of Part 8B.]