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Resolution Of 28 July 2015, Of The Royal Board On Disability, Laying Down The Public Fees Of The Cesya Seal The Cesya Seal Of Audio Description And Subtitling.

Original Language Title: Resolución de 28 de julio de 2015, del Real Patronato sobre Discapacidad, por la que se fijan los precios públicos del Sello CESyA de Subtitulado y del Sello CESyA de Audiodescripción.

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TEXT

Law 8/1989, of 13 April, of Public Fees and Prices, defines in its Article 24 the public prices as the pecuniary benefits to be satisfied by the provision of services or the performance of activities carried out in the (a) a system of public law where, in addition to such services by the private sector, they are voluntary on the part of those administered.

The Statute of the Royal Board of Trustees on Disability (hereinafter RPD), approved by Royal Decree 946/2001 of 3 August, and amended by Royal Decree 1/2013 of 11 January, establishes the integration of the Spanish Subtitled and the Audiodescription (hereinafter CESyA) in the RPD as an Advisory and Reference Center in the field of audiovisual accessibility through the subtitling and the audio description. The DPO has, for purposes, set out in Article 2, the implementation of coordinated actions for the promotion and improvement of the rights of persons with disabilities, as well as their personal development, social consideration and improvement of the prevention of disabilities and the promotion of disability policies, strategies, plans and programmes. The CESyA was created by Article 24 of Law 27/2007 of 23 October, which recognizes the languages of Spanish signs and regulates the means of supporting the oral communication of deaf, hearing and deaf people. It aims to investigate, promote, promote initiatives, coordinate actions and extend the subtitling and the audio description as a means of supporting the communication of deaf, hearing impaired, blind and visual impairment and deafness.

Therefore, in order to promote and recognize the accessibility of audiovisual media in the various fields of culture and communications, the RPD through the CESyA has designed the Sello CESyA guarantee mark. The CESyA label, owned by the Real Patronato on Disability and the Carlos III University of Madrid, through the Spanish Center of the Subtitled and the Audiodescription, represents the brand of guarantee of accessibility through the subtitled and audio description in the audiovisual media. The CESyA seal provides for the accessibility of products or services by means of subtitling or audio-description in the fields of television, cinema, theatre, museums, DVDs and other audiovisual products which must be accessible to persons with hearing or visual impairment.

The CESyA Seal is divided into two types, Subtitled and Audiodescription, and these in turn at two levels, A and A +, giving rise to four independent guarantee marks under the label Seal CESyA, all of which are deposited with the Spanish Patent and Trademark Office (OEPM) with the names:

"A Subtitled CESyA Certificate" (Brand OEPM M 3000289),

"A + Subtitled CESyA Certificate" (Brand OEPM M 3000290),

"A Audiodescription certificated CESyA" (Mark OEPM M 3000292),

"A + Audiodescription certified CESyA" (Mark OEPM M 3000295).

Article 69 of Law 17/2001, of 7 December, of Marks, establishes the right of the holder of a guarantee mark to demand a fee for the use of the trademark to those entities that are legitimized by the holder for make use of such a guarantee mark in its products or services, based on such legitimisation in compliance with the applicable regulations of use deposited with the Spanish Patent and Trademark Office.

Article 26.1 (b) of Law 8/1989 of 13 April 1989 on Public Fees and Prices provides that the establishment or modification of the amount of public prices is made directly by public bodies, authorization of the ministerial department from which they are dependent.

Under the authority of the Ministry of Health, Social Services and Equality, I have:

Article 1. Approval of public prices.

Public prices and conditions for their application are approved in the Annex to this resolution, which will be collected by the Royal Disability Board (RPD) and which will form part of its budget income and intended for the Spanish Subtitling and Audiovisual Center (hereinafter CESyA).

Article 2. Services included in this resolution.

Public prices approved in this resolution shall be payable for the provision of the following services performed by the DPO through the CESyA:

1. Application of the CESyA Seal in the form "A Subtitled CESyA Certificate", for each of the following categories: Television Channel, Multimedia Content of a website, film film, cinema, theatre, theatre, exhibitions, DVDs or other audiovisual products and services.

2. Request for the CESyA Seal in the "A + Subtitled CESyA Certificate" mode, for each of the following categories: TV channel, multimedia content of a website, film film, cinema, theatre, theatre, exhibitions, DVDs or other audiovisual products and services.

3. Application of the CESyA Seal in the form "A Audiodescription certified CESyA", for each of the following categories: TV channel, multimedia content of a website, film film, cinema, theatre, theatre, exhibitions, DVDs or other audiovisual products and services.

4. Application of the CESyA Seal in the form "A + Audiodescription certified CESyA", for each of the following categories: TV channel, multimedia content of a website, film film, cinema, theatre, theatre, exhibitions, DVDs or other audiovisual products and services.

Article 3. General rules.

1. The amounts listed in the Annexes are included in the corresponding Value Added Tax rate.

2. The prices listed in the Annex shall be applicable to the application of the Sello CESyA of Subtitling and the CESyA of Audiodescription in the corresponding categories. The amount shall be applied for the application of the CESyA Seal, without involving the granting of the guarantee mark.

3. In the event of the granting of the guarantee mark, the amount paid in the application shall entitle the use of the mark during the period of validity established for each category in the CESyA Seal Regulation, deposited in the Spanish Patent and Trademark Office and available on its website.

4. The application of the services covered by this resolution may be made in the models which the DPO may establish through the CESyA.

5. The payment of the prices set out in the Annex may be made in cash, at the headquarters of the Royal Board on Disability, or by bank transfer or direct income in the current account to be determined. The prior deposit of the total or partial amount of the established prices may be required.

6. Where, for reasons not attributable to the obligation to pay the public price, the service is not provided or the activity is not carried out, the corresponding amount shall be returned.

7. The public prices of the Sello CESyA of Subtitling and the Sello CESyA of Audiodescription may be consulted on the website of the CESyA, as well as the regulation of use of the four guarantee marks grouped under the name Sello CESyA.

Article 4. Entry into force.

This resolution shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, July 28, 2015. -Secretary General of the Royal Board of Trustees on Disability, Susana Camarero Benitez.

ANNEX

In paragraph 1 of this Annex, the public prices applicable to the application of the Sello CESyA of Subtitled in each of the categories are established. Paragraph 2 sets out the public prices applicable to the application of the CESyA de Audiodescription Sello in each of the categories. Paragraph 3 sets out the combined prices for the case where the application for the CESyA Seal is made jointly for the subtitling and audio-description modes of a product or audiovisual service.

1. Sello CESyA prices in Subtitled mode.

The applicable public price for the request of either of the two warranty marks

"A Subtitled CESyA Certificate" or

"A + Subtitled CESyA Certificate"

will be in each case:

TV channel: 3,000 euros.

Multimedia content of a website: 2 euros/minute video, minimum amount 100 euros.

Film Film:

Up to 60 minutes: 100 euros.

Between 60 and 120 minutes: 150 euros.

Between 120 and 180 minutes: 200 euros.

Between 180 and 240 minutes: 250 euros.

Film room: 600 euros.

Play:

Video format: 150 euros.

Present: 400 euros.

Theatre: 600 euros.

Exhibits: Under budget.

DVD:

Up to 60 minutes: 100 euros.

Between 60 and 120 minutes: 150 euros.

Between 120 and 180 minutes: 200 euros.

Between 180 and 240 minutes: 250 euros.

Other audiovisual products and services: Under budget.

2. Sello CESyA prices in Audiodescription mode.

The applicable public price for the request of either brand

"A CESyA Certified Audiodescription" or

"A + Audiodescription certified CESyA"

will be in each case:

TV channel: 3,000 euros.

Multimedia content of a website: 2 euros/minute video, minimum amount 100 euros.

Film Film:

Up to 60 minutes: 100 euros.

Between 60 and 120 minutes: 150 euros.

Between 120 and 180 minutes: 200 euros.

Between 180 and 240 minutes: 250 euros.

Film Room: 600 euros.

Play:

Video format: 150 euros.

Present: 400 euros.

Theatre: 600 euros.

Exhibits: Under budget.

DVD:

Up to 60 minutes: 100 euros.

Between 60 and 120 minutes: 150 euros.

Between 120 and 180 minutes: 200 euros.

Between 180 and 240 minutes: 250 euros.

Other audiovisual products and services: Under budget.

3. Sello prices CESyA in combined mode Subtitled and Audiodescription.

The applicable public price for the request for any combination of the marks

"A Subtitled CESyA Certificate" or

"A + Subtitled CESyA Certificate" and

"A CESyA Certified Audiodescription" or

"A + Audiodescription certified CESyA"

will be in each case:

TV channel: 3,500 euros.

Multimedia content of a website: 3 euros/minute video, minimum amount 100 euros.

Film Film:

Up to 60 minutes: 125 euros.

Between 60 and 120 minutes: 200 euros.

Between 120 and 180 minutes: 225 euros.

Between 180 and 240 minutes: 350 euros.

Film Room: 600 euros.

Play:

Video format: 200 euros.

Present: 450 euros.

Theatre: 600 euros.

Exhibits: Under budget.

DVD:

Up to 60 minutes: 125 euros.

Between 60 and 120 minutes: 200 euros.

Between 120 and 180 minutes: 225 euros.

Between 180 and 240 minutes: 350 euros.

Other audiovisual products and services: Under budget.