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Resolution Of July 15, 2010, Of Puertos Del Estado, Which Creates And Regulates The Electronic Record Of The Agency.

Original Language Title: Resolución de 15 de julio de 2010, de Puertos del Estado, por la que se crea y regula el Registro Electrónico del Organismo.

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TEXT

The initiatives of simplification and administrative modernization that enhance the use of electronic means by the Administration in its relations with the citizens have been numerous over the last few years and have been This is translated into rules of different range.

Thus, Law 30/1992, of 26 November, of Legal Regime of Public Administrations and of the Common Administrative Procedure; Royal Decree 263/1996, of 16 February, for which the use of techniques is regulated electronic, computer and telematic by the General Administration of the State; Royal Decree 772/1999, of 7 May, which regulates the submission of applications, written and communications to the General Administration of the State, the issue of copies and documents and return of originals and the arrangements for the registration offices amended by Royal Decree 136/2010 of 12 February 2010; Royal Decree No 209/2003 of 21 February 2003 regulating the registers and telematic notifications, as well as the use of telematic means for the replacement of the In the case of the European Commission, the Commission has been in the process of making a contribution to the implementation of the European Community's policy on the development of the European Community's energy policy. information and communication, have enhanced a significant change in the relations between citizens and the administration.

In this line, Law 11/2007, of 22 June, of electronic access of citizens to Public Services, contains, in its articles 24, 25 and 26, a new regulation of electronic records, and Royal Decree 1671/2009, November 6, for which the aforementioned Law is partially developed, regulates the conditions of its operation.

In application of the aforementioned provisions and of the general principles contained in the regulations indicated and in accordance with the competition that Article 28.4.b) of Law 27/1992, of 24 November, of Ports of the State and of The Merchant Navy, attributes to the Council Rector of the Public Body Ports of the State, this governing body has approved, in the session held on April 6, 2010, the creation and regulation of an Electronic Registry service enabled in the General Registry of the Public Body Ports of the State, for the reception and remission electronic applications, written and communications, related to the procedures of the competition of this Public Body that are incorporated in the annex of this resolution.

In any event, the filing of these documents by electronic means is contemplated as an additional and non-binding way for the person concerned in the cases indicated, in accordance with the provisions of Article 6 of the aforementioned Law. 11/2007.

In its virtue, I resolve:

CHAPTER I

General provisions

Article 1. Object and scope of application.

1. The purpose of this resolution is to create and regulate the Electronic Registry of the Public Body Ports of the State, hereinafter "Electronic Registration", for the reception and referral, by electronic means, of applications, written and communications, in the field of the procedures included in the Annex, in accordance with the provisions of Article 24 of Law 11/2007 of 22 June 2007 on the electronic access of citizens to the Public Services and Article 27.1 of the Royal Decree Decree 1671/2009 of 6 November 2009, for which the aforementioned Law is partially developed.

2. Electronic Registration shall be unique for all administrative units of the Public Body.

Article 2. Electronic Record Address.

The access of the data subjects to the Electronic Registry will be available through the Electronic Headquarters of this Public Body, in the address https://sede.puertos.gob.es, either directly or through the link to that Headquarters is located on the www.puertos.es portal.

Article 3. Responsibilities and competent bodies.

1. The management of the Electronic Registry corresponds to the Public Body Ports of the State, which will exercise it through its Directorate of Legal Services and Public Domain, or through which the President of this Public Body determines.

2. The approval or modification of the forms for applications, written and communications relating to the procedures listed in the Annex, as well as the updating of this Annex and the gradual inclusion in the Annex of the services, procedures and formalities that are estimated to be obtained, shall be carried out by the President of this Public Body in the exercise of the function attributed to him by article 29.2.c) of Law 27/1992, of 24 November, of Ports of the State and of the Navy Merchant.

3. The technological management of the Electronic Registry corresponds to the Administration Subdirection and Audit, dependent on the Management Coordination of Management, Human Resources and External Relations, or to which the President of this Agency The public will designate in the future, which will be responsible for the security of electronic registration and will have the appropriate technical means to guarantee the requirements of availability, safety, standardization and conservation of the information that in in question.

4. In no case will the Public Body be responsible for the fraudulent use that users of the system can make of the services provided by electronic administration. For these purposes, those users assume, on an exclusive basis, the responsibility of the custody of the elements necessary for their authentication in the access to these services, the establishment of the precise connection and the use of the signature electronic, as well as any consequences that may arise from improper, improper or negligent use of the same. It will also be the responsibility of the user to ensure the proper custody and handling of the files that are returned to him by the Electronic Registry as an acknowledgement of receipt.

Article 4. Calendar and official date and time.

1. The electronic register shall allow the submission of applications, letters and communications referred to in Article 1.1 of this resolution during the 24-hour period of the year, without prejudice to any interruptions provided for in Article 30.2 of Royal Decree 1671/2009 of 6 November 2009, where justified reasons for technical or operational maintenance, which shall be reported in the register itself and in the electronic seat, are provided.

2. For the purposes of the Electronic Registry, the Electronic Headquarters shall show in a visible place:

(a) The calendar of business days, which shall be determined in the resolution published each year in the "Official State Gazette" by the Ministry of the Presidency, setting out the calendar of working days to time-frame effects in the General Administration of the State.

b) The official date and time, which will be the date and time of the transaction in the Electronic Registry and whose timing will be performed according to the provisions of article 15 of the Royal Decree 4/2010, of January 8, by the the National Interoperability Scheme is approved.

3. The calculation of time limits shall be carried out in accordance with Article 26 (3), (4) and (5) of Law 11/2007 of 22 June. For these purposes, the Register shall be governed by the official Spanish date and time, corresponding to the Peninsula, Ceuta, Melilla and the Balearic Islands. This shall also apply to those who access the electronic register from any territory with a timetable other than the official timetable.

Article 5. The voluntary nature of electronic presentation.

The submission of applications, writings and communications through the Electronic Registry shall be voluntary, except as provided for in Article 27.6 of Law 11/2007 of 22 June, as an alternative to the presentation in the places referred to in Article 38.4 of Law No 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

CHAPTER II

Conditions for electronic submission of writings, requests, and communications

Article 6. Identity accreditation.

1. Applications, written and communications may be submitted to the electronic register by the interested parties or their representatives, in the terms defined in Articles 30 and following of Law 30/1992, of 26 November, of Legal Regime of the General Administration and the Common Administrative Procedure, and in Article 23 of Law 11/2007 of 22 June, and Articles 13, 14 and 15 of Royal Decree 1671/2009 of 6 November 2009.

2. The identification of the citizen submitting documents to the Electronic Registry and the signature of the data and documents provided shall be made by the use of the national electronic identity document or any of the certificates electronic recognised and admitted by the General Administration of the State, which shall appear on the electronic register access page.

3. The Electronic Registry of the State Ports shall report on the systems of representation and authentication and signature usable for the submission of written to the Electronic Registry through its management applications, with specification, where applicable, of the services, procedures and formalities to which they are applicable.

Article 7. Eligible documents.

1. The Electronic Record will admit:

(a) Applications, writings and communications submitted by natural or legal persons corresponding to the services, procedures and formalities specified in the Annex to this resolution.

The State Ports Electronic Registry shall include the updated relationship of the services, procedures and formalities specified in the Annex to this resolution and shall give access to the standard electronic forms corresponding.

b) Additional documentation for applications, written and communications, previously entered in the Electronic Register in the form mentioned in the previous paragraph.

(c) Any application, written or communication other than those referred to in the preceding letters, with the scope laid down in Article 24.2.b) of Law 11/2007, of 22 June.

The Electronic Register may refuse electronic documents in any of the circumstances provided for in Article 29 of Royal Decree 1671/2009 of 6 November 2009, for which the electronic registration is partially developed. Law 11/2007, of June 22, of electronic access of citizens to Public Services, in the form established therein.

2. Documents must necessarily be submitted by means of the interactive filling of the forms available in the electronic register. Such forms may include data and attachments.

Article 8. Proof of the presentation.

Upon receipt of an application, written or communication, the Electronic Registry shall automatically issue a signed receipt electronically, with the content set out in Article 30.3 of Royal Decree 1671/2009, of 6 of November.

CHAPTER III

Technical requirements for Information Technologies

Article 9. General conditions.

The technical requirements set out in this chapter are considered to be related to the processing of information and communications in relation to the Electronic Registry.

A summary of the particular rules and protocols that are derived from the provisions herein shall be published, at all times, at the Electronic Headquarters of this Public Body.

Article 10. Electronic signature.

The electronic signature systems that are detailed on the access page to the Electronic Registry will be accepted, as set out in article 10 of the Royal Decree 1671/2009 of 6 November, for which it is developed Law 11/2007, for the electronic access of citizens to Public Services.

Article 11. Interoperability and Security.

The Electronic Register shall have the appropriate organisational and technical means to ensure the interoperability and safety of the electronic register in accordance with the provisions of Royal Decree 3/2010 of 8 January 2010. the National Security Scheme and Royal Decree 4/2010 of 8 January, which regulates the National Interoperability Scheme, is regulated.

Article 12. Accessibility.

The design of the Electronic Registry will observe the accessibility requirements provided for in Royal Decree 1494/2007 of 12 November, which approves the Regulation on the basic conditions for the access of persons with disabilities to technologies, products and services related to the information society and social media.

Final disposition. Entry into force.

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

Madrid, July 15, 2010. -President of the Ente Público Puertos del Estado, Fernando González Laxé.

ANNEX

Procedures included in the scope of the Electronic Registry

Generic Request: Procedure for submitting any application, written or communication-and its accompanying documents-to the Public Body Ports of the State and any organ of the General Administration of the Status.