APCP Warranty Seal
The APCP specifications, whose compliance is verified through annual audits by AENOR, contain the following minimum requirements divided into three broad categories: General requirements, Legal requirements and Quality Assurance Services requirements.
All requirements are mandatory for every APCP associate.
- Being a member of the APCP and up to date with all payments and fees.
- Permits and Authorisations: members must comply with all current legislation in the key areas to properly carry out business activity, providing physical evidence of all permits and authorisations deemed necessary to avoid the commercial advantage of those companies breaching these legal requirements.
- Occupational Risk Prevention. Members must demonstrate that:
- There is a Health and Safety service in accordance with the current regulations put into place or has an existing contract with an independent provider for this service.
- They have an existing Health and Safety plan and the necessary risk assessments for the Health and Safety of the workers, as well as a satisfactory annual program on Preventive Occupational Health and Safety activities resulting from the previously mentioned risk assessments.
- They meet the workers’ theoretical and practical training obligations, in addition to the information obligations.
- The company effectively applies the regulations on coordination of business activities.
- The company guarantees regular monitoring of the workers’ health according to the inherent risks of the job.
Personal data protection
The company must have a protection system for the information, guaranteeing the confidentiality of the client’s data, as well as information regarding materials and means that should be protected. Therefore, the staff working on a commercial must sign a confidentiality agreement, accepting its conditions and stating their commitment to maintain confidentiality regarding the content and execution of each position (people, norms, procedures and companies). This is meant to prevent the disclosure of information.
In addition, it must be proved that the data protection files have been properly entrusted to the Spanish Data Protection Agency and registered in their system. The responsible for the data protection files or data treatment must have produced a secure document containing the necessary technical and organisational measures in accordance with the current personal data protection regulations. In compliance with the established security measures, it will also be compulsory to successfully complete an internal or external audit regarding the information systems, the treatment facilities and the storage of the medium and high-level classified data.
The Company must fulfil its contractual obligations to Suppliers, specially those regarding compliance with the agreed payments.
- The organisation 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 Form 190 (Annual Summary Information).
- 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 must be carried out through Contracts of Availability.
- All participants in the filming will be hired in accordance with the current legislation and registered as workers in the Spanish Social Security System.
- With some exceptions, the company can use its own employees for the filming and recruit independent workers. In both cases, the company must keep proof of the existence of an up-to-date record regarding the staff, 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).
- Issued and/or received invoices.
Underage participation in advertisement filming
Whatever the case, the company must be in possession of a prior administrative approval issued by the Autonomous Community where the filming will take place, as well as posterior evidence of the register in the Social Security System (available the day of the filming or earlier).
To film abroad it will be necessary to comply with the country’s current legislation, as well as the laws and regulations of the minor’s country of residence. For example, Spanish minors must comply with the Spanish legislation on expatriates.
The filming 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.
Intellectual property rights
Members must guarantee the proper management of all intellectual property rights related to any filming managed by the company and keep evidence of the appropriate transfer of rights of each project’s participants. The rights must be paid prior to the broadcasting of the advertisement unless agreed otherwise.
The company will always ensure a suitable management of image, painting, brand and picture rights, among others.
Copyrights requiring the payment of fees must be paid prior to the broadcasting of the advertisement unless otherwise agreed.
Animal participation in the filming
In every filming with animals, it shall be required, , 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 is necessary 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.
- Compulsory documents for transportation stating the departure farm, destination and route.
- Register Book of Exploitation.
- Official booklet or veterinarian passport with the rabies vaccination cycle duly completed.
- Accurate records of identification tags or marking of the pet (pedigree, microchips, etc.)
These requirements do not apply to animals that are not part of the action or that only are part of the landscape.
Quality service assurance requirements:
Film production insurance
The organisation must have a Liability Insurance for each company. The APCP recommends having a specific insurance for each filming. Citizen’s liability should be covered by an insurance policy subscribed to a duly authorised entity that underwrites performance risks for a minimum amount of €150.000 per filming. The policy should explicitly cover risks associated with filming. The prior payment of the insurances must be provable before the pertinent filming.
The company must possess the necessary official authorisation to carry out each filming. Also, it must be able to provide evidence of having the filming authorisation for the specific dates when the filming will be taking place. Such authorisations may be:
- Private (permits or contracts for indoors projects or filming in private communities).
- Permits for filming in public roads (either through official notice for short time filming or through permits when, for instance, the authorisation depends on several organisations, as may be the case when filming on the beach).
Custody and maintenance of supports
The company must offer a service to keep and maintain the supports used in the filming (e.g., hard drives) in a safe environment for at least 2 years after finishing the project. Furthermore, the company may offer the customer an additional insurance covering the supports if deemed necessary.
It is crucial to be in possession of a document signed by the customer accepting the budget and showing their explicit consent.
The company will hold a casting call thorough enough to fulfil the demands of the brand contracting the service by inquiring, for instance, about the brands the models and actors may have previously worked with.
The company must acquire the appropriate authorisations necessary to manage technologically special mechanisms and devices, such as drones and elevating platforms, if these are needed for filming.
Before, during and after the filming the company has the obligation to ensure a responsible use of the facilities, keeping documented evidence of this. This requirement is especially relevant when filming in protected natural environments. Furthermore, the company must sign a political or environmental agreement, identifying the areas where the filming activity could have an impact on the environment and including additional measures to minimise them.
Other Quality of Service Commitments
The company will check the proven and contrastable professional solvency of the project’s participants. The company is responsible for the compliance with the deadlines for each filming.
Annual verification audit: It is an in-person audit to check the compliance with the requirements referenced by AENOR. During this in situ verification process carried out in the premises of the associate, AENOR auditors verify the records, evidence and documents that allow to ensure the monitoring and compliance of the audited entity with the requirements of APCP Specification.
The audit process grants a one-month period to submit to AENOR corrective actions that may resolve any incident detected during the auditing and inspection process. AENOR will issue a certificate of approval for every compliant company, relying on the audit findings and the actions submitted.
SERGIO GONZALEZ / CÉSAR FLORES
BUSINESS MANAGEMENT CERTIFICATION
Génova, 6. 28004 MADRID
Phone number: 91 432 60 78
firstname.lastname@example.org – www.aenor.es