Seal of Warranty APCP
The compliance with APCP specifications is verified by AENOR through annual audits contains the following minimum requirements divided into three broad categories: General requirements, Legal requirements and Quality Assurance Services requirements.
All these requirements are mandatory for all the APCP Associates.
- Being member of the APCP and being up to date with all payments and fees.
- Permits and Authorisations: must comply with all current legislation in the key areas to carry out with the business activity in a proper manner, providing physical evidence of all permits and authorisations deemed necessary to avoid a commercial advantage to those companies in breach of these legal requirements.
- Occupational Health and Safety and Risk Assessment. The following points must be proved:
- The company has put into place a Health and Safety service in accordance with the current regulations or has an existing contract with an external provider for this service.
- There is a Health and Safety plan into place; the Company has carried out the necessary risk assessments for the Health and Safety of the workers and there is a satisfactory annual program on Preventive Occupational Health and Safety activities developed with the results of these risk assessments.
- The obligations regarding the information and both theoretical and practical training to the workers are met.
- The company effectively applies the rules on coordination of the business activities.
- The company guarantees regular monitoring of their health status accordingly to the inherent risks of the job.
Personal data protection
The company must have a protection system for the information that enables to ensure the confidentiality of the data regarding the client, the materials and means that should be protected. It is then needed a confidentiality agreement of the staff working on the commercial. The staff working in the company must have a signed confidentiality agreement accepting its conditions, setting out its commitment to confidentiality regarding the content and execution of the jobs including people, norms, procedures and companies so that the information cannot be disclosed.
In addition, it must be proved that the data protection files have been notified to the Spanish Data Protection Agency and registered with them accordingly. The responsible for the data protection files or the responsible for the data treatment must have produced a security document containing the necessary technical an organisational measures in accordance with the current personal data protection regulations. Also it will be required to have successfully completed either an internal or external audit regarding the information systems, the treatment facilities and storage of the medium and high level classified data. This audit needs to verify the compliance with the established security measures.
The Company must fulfil its contractual obligations to Suppliers, particularly regarding compliance with the agreed payments.
- The organization must be aware of their tax obligations. The following forms must be submitted:
- Form 303 (VAT. Self-Assessment) and Form 390 (VAT. Annual Summary Information).
- Form 111 (Declaration of Withholdings and Payment on Account) and Annual Summary Information (form 190).
- Form 216 (INRN, Non-Resident Income Tax) and Form 296 (Annual Summary Information).
- Form 123 (Declaration of Withholdings and Payments on Account, dividends, interest, buyouts, etc.) and Form 193 (Annual Summary Information).
• The hiring through Temporary Employment Agencies should be by Contracts of Availability.
- All participants in the shooting will be hired in accordance with the current legislation and registered in the Spanish Social Security System.
- With some exceptions, it shall be considered both self-employed and hiring of employees. Therefore, it should be proved the existence of the register with the record keeping up to date for the own staff of the company as well as the staff hired as employees including:
- Checking of registration certificates in the General Regime of the Social Security for Employees.
- Proof of the last payment of the Self-Employed Workers Scheme fee.
- Information and training in Occupational Health and Safety Law compliance.
- Medical examination (or waiver thereof).
- Invoices issued and/or received.
Children participation in advertisement shoots
Guaranteed possession, in all cases, of prior administrative approval of the Autonomous Community where the shooting is taking place, as well as evidence of the register in the Social Security System afterwards ( available the day of the shooting or earlier).
For shootings outside Spain it will be necessary to comply with the legislation of the country where the shooting is being done and with the laws and regulations from the country where the minor is resident. If the minor were Spanish, it should comply with the Spanish legislation on expatriates.
The shooting order/s will be checked during the inspection and audit process to verify the working hours of the children that might participate in the process.
Note: at the time of preparing this specification list the working hours are limited to 5 hours a day and no more than 2 days a week.
Rights of image (buyouts) and rights of voice and music
It shall be ensured the proper management of the Rights of image (buyouts), voice and music relating to any shooting managed by the company, with proving evidence showing the correct transfer of rights of the participants in each set as appropriate. The rights are payable prior to the broadcasting of the advertisement unless agreed otherwise.
Copyright of plastic images
In any the shooting managed by the company it will be ensured the proper and correct management of Copyrights of plastic images, paintings, brands, pictures, etc.
The Copyrights requiring the payment of fees must be paid prior the broadcasting of the advertisement unless otherwise agreed.
Animal participation in the shootings
It shall be required, in every shoot with animals, evidence of the veterinary certificate attesting to the current conditions of the animal as well as all the required authorizations. EU CITES Certificate according to (EC) 865/2006 Regulation if applicable.
Regarding the participation of livestock and pets it shall be necessary in each case to keep evidence of the required up to date documentation available to the owner as appropriate:
Means of identification applied to the animal, variable depending on the species.
Necessary documents for the transportation stating the departure farm, destination and route.
Register Book of Exploitation.
Official passport booklet or veterinarian duly filled including rabies vaccination.
Accurate records of identification tags or marking of the pet (pedigree, microchips, etc.)
In any case, this requirement shall not apply to animals that are not part of the action o that are only part of the landscape.
Quality Service Assurance Requirements:
The organisation must have a Liability Insurance for each company. The APCP recommends having a specific insurance for each shooting. Liability should be covered by an insurance policy underwritten by a duly authorised entity protecting risks for their performances for a minimum amount of 150.000 euros per shooting. The policy should explicitly cover shooting risk associated. The proof of payment of the relevant insurance should be produced prior each shooting.
The company must have the necessary official authorisation to carry out each shooting. Also shall be necessary to show evidence of having the shooting authorisation for the specific dates for when the shooting is taking place. Such authorisations may be:
- Private (permits or contracts for indoor shooting or private communities).
- Permits for shooting in public roads (either through official notice for short time shootings or through Permits when, for instance, the authorisation depends on several organisations as may be the case when shooting on the beach).
Custody and maintenance of supports
The company must offer a service to keep and maintain the supports used in the shootings (e.g., hard drives) in a safe environment for at least 2 years after finishing the jobs. Furthermore, the company may offer the customer an additional insurance covering the supports if deemed necessary.
Every effort should be made to ensure having a specific signed agreement accepting the budget by the customer.
The company will hold a casting call thorough enough to serve the interest of the brand contracting the service, inquiring for instance about the brands in which the models and actors may have previously participated.
The company must have the appropriate authorisations when using technologically special mechanisms and devices for filming such as drones and elevating platforms.
Before, during and after the shooting the company should ensure the proper use of the facilities, showing documented evidence of this. This requirement is especially relevant when shooting in protected natural environments. In addition, the company must sign a political or environment agreement identifying those areas in which the filming activity can have an impact on the environment including additional measures to minimize them.
Other Quality of Service Commitments
The company will check and review the proven professional solvency of the participants in each set. The company will ensure the compliance with the deadlines for each shooting.
Annual Audit Verification: It is an Audit to check the compliance of the requirements referenced by AENOR. This process will be verified in situ by the AENOR auditors in the premises of the producer associated, records, evidence and documents that ensure the requirements of APCP Specification are followed, monitoring and met by the audited entity.
The audit process grants a period of one month to submit to AENOR any corrective actions that may solve the incidents detected during the auditing and inspection process. According to the audit findings and the actions submitted by the companies, AENOR will issue a certificate stating the criteria in accordance with the previous requirements.
SERGIO GONZALEZ / CÉSAR FLORES
BUSINESS MANAGEMENT CERTIFICATION
Génova, 6. 28004 MADRID
Phone number: 91 432 60 78
firstname.lastname@example.org – www.aenor.es