54. The Principal Act is amended by the insertion of the following Part after Part 10:

“PART 10A

European works

Interpretation of European works

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.

Share of European works

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.

Prominence of European works

159C. (1) A media service provider under the jurisdiction of the State which provides an audiovisual on-demand media service shall take any steps required by rules under this section to ensure prominence of European works in any catalogue of that service.

(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 setting out the steps that media service providers must take for the purposes of subsection (1).

(4) Without prejudice to the generality of subsection (3), the steps required by the rules referred to in subsection (3) may relate to:

(a) the visibility and presentation of European works within a catalogue;

(b) the inclusion of information in a catalogue in relation to whether or not a work is a European work, and the placement of that information;

(c) the accessibility of European works within a catalogue, including the configuration of search tools;

(d) references to European works in advertising for the service;

(e) the promotion of minimum percentages of European works within a catalogue to the audience of the service, and the means to be used for such promotion.

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

(a) the objective of cultural diversity,

(b) the desirability of providing European works to the widest possible audience,

(c) technological developments,

(d) developments in audiovisual on-demand media service markets, and

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

(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) Rules made under section 159B(3)(b) shall apply for the purposes of subsection (2)(a).

(8) A failure to comply with subsection (1) or any rules made under subsection (3) or (6), is a contravention for the purposes of Part 8B.

Reporting

159D. (1) The Commission shall report to the Minister annually on the operation of sections 159B and 159C.

(2) The Minister may specify the form and contents of a report referred to in subsection (1).

European works levy

159E. (1) The Commission may, for the purposes of funding a scheme made under section 159F, make an order imposing a levy on the media service providers referred to in subsection (2), or on any class of those providers.

(2) The providers mentioned in subsection (1) are media service providers and—

(a) are under the jurisdiction of the State, or

(b) target audiences in the State and are established in another Member State in accordance with section 2A(2).

(3) A levy order may provide for the collection, payment and administration of a levy, including:

(a) the method of calculation of the levy;

(b) the period in respect of which the levy is imposed;

(c) the times at which payment is to be made and the form of payment;

(d) the records which a provider must keep and make available to the Commission;

(e) exemptions from the levy, deferrals of payment of the levy or refunds of the levy;

(f) the consideration of applications by providers for review of decisions under the order.

(4) In the case of a media service provider that is under the jurisdiction of the State and targets audiences in another Member State, the method of calculation of a levy shall take into account any financial contribution imposed on the provider by that Member State.

(5) In the case of a media service provider which targets audiences in the State and is established in another Member State in accordance with section 2A(2)—

(a) the method of calculation of a levy shall be based on the revenue earned by the provider in the State from any audiovisual media service which it provides there, and

(b) the levy shall be proportionate and non-discriminatory.

(6) A levy shall not apply to a media service provider—

(a) with a low audience or a low turnover, in accordance with any rules made under section 159B(3)(b), or

(b) in respect of a service exempted under any rules made under section 159I.

(7) Where a levy imposed on a media service provider remains unpaid, in whole or in part, the levy or part of the levy may be recovered by the Commission as a simple contract debt in any court of competent jurisdiction.

(8) In this section and section 159F—

‘levy’ means a levy imposed by a levy order;

‘levy order’ means an order made under subsection (1).

European works scheme

159F. (1) The Commission, following consultation with Fís Éireann, may prepare a scheme for funds to be granted, out of the proceeds of any levy, to provide support for the production of European works included, or to be included, in the programme schedule of an audiovisual broadcasting service, or in a catalogue of an audiovisual on-demand media service.

(2) The kinds of support for which funds may be granted under a scheme shall be support of such of the following, or such classes or descriptions of any of the following, as the scheme may specify:

(a) new audiovisual programmes relating to—

(i) Irish culture, language, history, heritage, society and sport,

(ii) the experiences of the people of the island of Ireland, including the experiences of people of Irish ancestry living abroad,

(iii) environmental sustainability, biodiversity, and climate change,

(iv) human rights, equality, diversity and inclusion,

(v) news, current affairs and international affairs,

(vi) science, or

(vii) education;

(b) new audiovisual programmes to—

(i) improve adult literacy, or

(ii) improve media literacy;

(c) incidental, supplementary or consequential measures that appear to the Commission to be necessary to support programmes referred to in paragraph (a) or (b);

(d) any activity in the development of programmes referred to in paragraph (a) or (b) or of measures referred to in paragraph (c).

(3) A scheme may in particular:

(a) specify the kind of support for which funds may be granted by reference to the nature or subject matter of programmes within paragraph (a) or (b) of subsection (2);

(b) limit support for which funds may be granted in a particular period to support of specified kinds;

(c) impose requirements as to the time within which programmes in relation to which funds have been granted are to be made available in the schedule of an audiovisual broadcasting service or in a catalogue of an audiovisual on-demand media service;

(d) impose requirements as to such services or as to how such programmes are to be made available on them, which may include requirements to ensure that such services are, or include, services—

(i) that are so far as practicable available in the whole of the State, and

(ii) on which the programmes concerned are made available without charge to the viewer.

(4) A scheme shall allocate—

(a) not less than 25 per cent of its annual funds to programmes in the Irish language that fall within paragraph (a) or (b) of subsection (2), and

(b) not less than 80 per cent of its annual funds to programmes that fall within paragraph (a) or (b) of subsection (2), the producers of which are independent producers for the purposes of the scheme.

(5) A scheme shall include provision for determining whether the producer of a programme is an independent producer, and for the purpose of making such provision the Commission may have regard to the following matters:

(a) the ownership structure of the person that produces the programme;

(b) the amount of programmes supplied by the person who produces the programme to the same media service provider;

(c) the ownership of the rights to broadcast the programme or make it available in a catalogue of an audiovisual on-demand media service, or otherwise use the programme for a commercial purpose;

(d) such other matters as it considers appropriate.

(6) If the Minister directs it to do so, the Commission shall prepare a scheme specifying in accordance with subsection (2) any kind of support the Minister directs.

(7) A scheme may provide for:

(a) applications for a grant of funding;

(b) the terms and conditions upon which funds are granted;

(c) the records a provider which receives funding must keep and make available to the Commission.

(8) In preparing a scheme, the Commission shall have regard to the need to—

(a) ensure understanding and enjoyment of new audiovisual programmes by people with disabilities,

(b) support the development of new audiovisual programmes of interest to children, and to young people under the age of 25 years, and

(c) encourage the development of community broadcasters, including development as regards audiovisual on-demand media services provided by such broadcasters.

(9) In this section, and sections 159G and 159H, ‘scheme’ means a scheme prepared under subsection (1).

Procedure for making schemes under section 159F

159G. (1) The Commission shall submit a scheme to the Minister for approval.

(2) The Minister shall consider a scheme submitted to him or her, and may—

(a) approve the scheme,

(b) refuse to approve the scheme,

(c) direct the Commission to reconsider the scheme, or

(d) direct the Commission to resubmit the scheme with such amendments as the Commission thinks fit.

(3) Where a scheme is approved by the Minister under subsection (2)(a), the Commission shall, as soon as is practicable after the approval, make the scheme.

(4) The Commission shall administer a scheme approved by the Minister under subsection (2)(a) in accordance with its terms.

(5) The Commission may prepare amendments to a scheme approved by the Minister under subsection (2)(a), and subsections (1) to (4) and section 159J apply to amendments to such a scheme as they apply to a scheme.

(6) The Minister may, in respect of a scheme approved under subsection (2)(a), direct the Commission to—

(a) review the scheme, and prepare and submit to the Minister any amendments to the scheme the Commission thinks fit, or

(b) revoke the scheme.

(7) The Commission shall comply with a direction under paragraph (c) or (d) of subsection (2), or subsection (6).

Designation of Fís Éireann for the purpose of making a European works scheme

159H. (1) The Minister may, where he or she considers it appropriate to do so, by order provide that Fís Éireann may prepare a scheme under section 159F(1), subject to any restriction in the order as to the kinds of support for which funds may be granted under such a scheme.

(2) Where an order is made under subsection (1), sections 159F and 159G shall apply to the preparation and making of a scheme by Fís Éireann subject to any restriction referred to in subsection (1) and the modification—

(a) that references in those sections to the Commission shall be construed as references to Fís Éireann, and

(b) in section 159F(1), that ‘following consultation with the Commission’ shall be substituted for ‘following consultation with Fís Éireann’.

(3) Where the Minister makes an order under subsection (1), he or she may direct the Commission to pay such monies collected out of the levy referred to in section 159E to Fís Éireann for the purposes of funding a scheme prepared by Fís Éireann as he or she considers appropriate, and the Commission shall comply with such a direction.

Exemptions for particular services

159I. (1) The Commission may make rules providing that the obligations in section 159B(1) or 159C(1) shall not apply to an audiovisual on‑demand media service, or that a levy under section 159E shall not apply to a media service provider in respect of an audiovisual media service, where it would be impracticable or unjustified by reason of the nature of the service, or the general theme of audiovisual programmes provided by the service, to impose those obligations.

(2) In making rules under subsection (1), the Commission shall have regard to whether an audiovisual media service provides audiovisual programmes—

(a) dealing with a narrow subject matter which may not be of general interest to an audience, or

(b) which may impair the physical, mental or moral development of children, including gratuitous violence and pornography.

Laying of rules, orders and schemes

159J. Any rule, order or scheme made under this Part shall be laid by the Commission, or in the case of a scheme made by Fís Éireann in accordance with section 159H, by Fís Éireann before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the rule, order or scheme is passed by either such House within the next 21 days on which that House sits after the rule, order or scheme is laid before it, the rule, order or scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.”.