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Resolution Of March 18, 2010, Of The National Energy Commission, Which Creates The Electronic Office And Regulates The Electronic Record Of The Agency.

Original Language Title: Resolución de 18 de marzo de 2010, de la Comisión Nacional de Energía, por la que se crea la Sede Electrónica y se regula el Registro Electrónico del organismo.

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TEXT

Law 11/2007, of 22 June, of electronic access of citizens to Public Services, created the concept of "electronic headquarters", justified by "the need to clearly define the" headquarters " electronic administrative with the the establishment of relations, promoting a system of identification, authentication, minimum content, legal protection, accessibility, availability and responsibility. " Article 10.1 of the same Law defines the electronic headquarters as " that electronic address available to citizens through telecommunications networks whose ownership, management and administration corresponds to a Public Administration, the administrative body or body in the exercise of its powers. ' Paragraph 3 of the same Article states that "each Public Administration shall determine the conditions and instruments for the creation of electronic venues".

On the other hand, Royal Decree 1671/2009 of 6 November 2009, for which the Law 11/2007, of 22 June, of electronic access of citizens to public services is partially developed, in addition to regulating this figure in its Articles 3 to 9 specifically determine in Article 3.2 that "the electronic venues shall be created by Order of the corresponding Minister or Resolution of the holder of the Public Body, which shall be published in the" Official Gazette of the State "", determining the minimum content of this approval rule. This brings to the citizens guarantees of full certainty and security that only partially reached the virtual offices that have so far been channeling the electronic relations with the citizens.

Law 11/2007, of 22 June, of electronic access of citizens to Public Services contains, in Articles 24 and following, as well as a Single Transitional Provision, a new regulation of electronic records, overcoming part of the rigidity before allowing the presentation of a greater variety of electronic documents by the citizens. The promulgation of Royal Decree 1671/2009 of 6 November 2009, which partially develops Law 11/2007, of June 22, makes the adaptation of the regulation of the Electronic Registry of the CNE to the new legal framework unpostponed.

Accordingly, pursuant to Article 42.2 of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, and making use of the ratings conferred on the Additional Disposition Eleventh of Law 34/1998 of 7 October of the Hydrocarbons Sector, the Board of Directors, in its Session of 18 March 2010, agrees:

First. The purpose and scope of this Resolution is the creation of the electronic headquarters of the National Energy Commission, in order to comply with the provisions of Article 3 of Royal Decree 1671/2009 of 6 November 2009. on the partial development of Law 11/2007, of 22 June, on the electronic access of citizens to public services, as well as the regulation of their electronic register.

Second. Electronic Headquarters of the National Energy Commission. The Electronic Headquarters of the National Energy Commission is created with the following characteristics:

a) The scope of the electronic headquarters subject to this Resolution extends to the entire National Energy Commission.

(b) Pursuant to Article 4.1 of Royal Decree 1671/2009, all actions, procedures and services currently provided, and those additional to those considered, shall be carried out through the electronic headquarters. case, appropriate. The list of procedures currently in force in the electronic register is detailed in Annex 1 to this resolution, without prejudice to its updating at the Agency's electronic headquarters.

c) The reference electronic address of the site shall be https://sede.cne.gob.es as well as through the Internet portal http://www.cne.es

d) Electronic headquarters is available to all citizens for free and permanent. In particular, it shall be accessible through the general access point of the General Administration of the State provided for in Article 8.2.b) of Law 11/2007, of 22 June.

(e) The identification of the electronic seat shall be carried out by means of a registered office, consisting of a certificate of the server where the information is hosted or any other certificate of a secure device or equivalent means in accordance with the provisions of Royal Decree 1671/2009 of 6 November 2009.

f) The head of the electronic headquarters shall be the National Energy Commission.

g) The National Energy Commission will respond to the integrity, veracity and updating of the information and services related to the National Energy Commission that can be accessed through the electronic headquarters, in the Article 7 of Royal Decree 1671/2009 of 6 November 2009, for which the Law 11/2007, of 11 June, of electronic access of citizens to Public Services is partially developed.

(h) According to Article 3.2.c) of Royal Decree 1671/2009, the technology management of the Electronic Headquarters of the National Energy Commission, and of the contents of the services made available, will be the System Subdirection.

Third. Content and services of the Electronic Headquarters of the National Energy Commission.

1. The Electronic Headquarters of the National Energy Commission shall have the content and services available to the citizens expressly provided for in Article 6 of Royal Decree 1671/2009 of 6 November 2009.

2. In addition, the National Energy Commission's Electronic Headquarters will include the following content:

(a) Access to this Resolution of the creation of the electronic seat as well as to the standards for which electronic seals are created, the application of the system of secure code of verification is agreed or the mandatory communication through electronic means, all in the field of actions of the National Energy Commission.

b) Relation of standard electronic documents that are within the scope of the Electronic Register of the National Energy Commission.

(c) Technical specifications to which electronic document submission should be adjusted in the National Energy Commission.

d) Access to the information concerning the procedures for the award of the National Energy Commission, in accordance with the provisions of the Law 30/2007 of 30 October on the Profile of the Contracting Public Sector and other applicable rules.

e) Interruptions required for indispensable technical reasons.

3. In addition, the electronic headquarters of the National Energy Commission will have the following additional services available to citizens:

a) Administrative information on the rights and duties of citizens.

(b) Electronic record of the National Energy Commission, with detailed information on the calendar of non-working days for the purposes of electronic document submission in the electronic register.

c) Access to information on public procurement procedures and actions under the terms of Law 30/2007 of October 30 on Public Sector Contracts.

d) Electronic access by stakeholders to the content of administrative actions with the proper effects of the notification by appearance.

Fourth. Access channels.

1. They will be channels of access to the services of the National Energy Commission:

Electronic access, through its electronic headquarters (http://sede.cne.gob.es),

In-person care, at the headquarters of the National Energy Commission, sita at the c/Alcala, 47, in Madrid,

Telephone service, on telephone 91 432 96 00 and others that are expressed in the electronic headquarters, as well as through Short Messaging Services (SMS), when this is provided and through the corresponding services.

2. The telephone numbers and the offices through which the services available at the headquarters may be accessed will be expressed in the electronic headquarters (http://sede.cne.gob.es

.

3. Means of formulation of complaints and suggestions: The means for the formulation of complaints and suggestions regarding the content, management and services offered at the headquarters created by this Resolution, will be adjusted to the following:

(a) In-person filing or by post, before the Registry of the NEC or any other administrative body, in accordance with the provisions of Article 38 of Law 30/1992, of 26 November, of the Legal Regime of the Public administrations and the Common Administrative Procedure, in accordance with the procedure laid down in Article 15 of Royal Decree 951/2005 of 29 July 2005 laying down the general framework for the improvement of quality in the General Administration of the State.

b) Telematics presentation, through the applications and forms available in the Electronic Headquarters of the CNE through the general mailbox of suggestions and complaints of the Electronic Registry of the CNE available at the Electronic Headquarters of the organism.

Not to be considered as means for the formulation of complaints and suggestions for the electronic advisory services that are made available to the citizens to resolve doubts or incidences of the use of the applications and systems that support the Headquarters, without prejudice to their obligation, when they exist, to address the problems of their citizens.

Fifth. Electronic Registration of the National Energy Commission.

1. The National Energy Commission has an electronic register, accessible in its electronic headquarters, for the receipt and referral of applications, written and communications, in the form and with the scope and functions provided for in Articles 24 to 26 of Law 11/2007 of 22 June 2007 and Articles 26 to 31 of Royal Decree 1671/2009 of 6 November 2009.

2. The electronic register shall have the official date and time corresponding to the electronic seat of the National Energy Commission, as set out in the National Interoperability Scheme, the calendar of non-working days being applicable. to be determined in the Resolution of the Secretariat of State for the Civil Service, which establishes the calendar of days that are not working for the purposes of calculating time limits within the scope of the General Administration of the State.

3. In no case will the condition of Electronic Registration of the National Energy Commission have the corporate email mailboxes assigned to the public employees or the various addresses and organs.

4. Applications, letters and communications may be submitted by telefax only in those cases expressly provided for in the legal order.

5. Also, electronic communications to be recorded in registers with self-regulation are excluded from the electronic register, except where the use of the electronic register is determined in that regulation regulated in this Resolution.

Sixth. Competent bodies.

1. He is responsible for the management of the Electronic Registry of the National Energy Commission, the Subdirectorate of Systems.

2. It is for the Board of Directors to approve and amend the relationship of electronic standard documents, which fall within the scope of the register. It also corresponds to the approval and modification of the corresponding forms, specifying the fields of the required fulfillment and the criteria of congruence of the data to be entered in the form. The forms themselves must clearly mark the required fields. In any case, the standard documents approved in accordance with a standard published in the "Official State Gazette" which are of that scope shall be considered to be included in this relationship.

Seventh. Eligible documents.

1. The Electronic Record will support through the enabled computing applications:

(a) Standard electronic documents or forms corresponding to services, procedures and formalities specified in the electronic headquarters of the National Energy Commission, completed in accordance with formats pre-established and presented directly at the Electronic Headquarters of the National Energy Commission.

(b) Any electronic document other than those referred to in the previous paragraph addressed to any organ of the National Energy Commission.

2. By means of the relevant collaboration agreement, the Electronic Register of the National Energy Commission may admit applications, written and communications from the competent authority of the agreed administration, or receive requests, written and communications submitted in the latter that are of the competence of the National Energy Commission.

3. Where electronic documents other than those referred to in the first paragraph are presented to the electronic register and cannot be rejected in accordance with Article 29.1.d of Royal Decree 1671/2009 of 6 November 2009, referral to the body or body which is competent, either because the sender points to it or because it is deduced from its content.

4. The electronic register shall automatically reject, where possible, the applications, letters and communications referred to in the first paragraph of Article 29 of Royal Decree 1671/2009 of 6 November 2009, making the same application. the information and warnings referred to in paragraph 2 of the same Article and giving an option to the person concerned to request the supporting document of the attempt at the presentation to which the same precept refers, unless the information on the attempt is the same screen as printable or downloadable by the data subject.

Eighth. Submission of supplemental documentation.

1. Where standard documents or forms included in the relationship referred to in paragraph 2 of this Resolution are submitted, the relevant management applications may, in accordance with the rules governing the respective procedure, admit or require the submission of electronic documents annexed to it. The possibility of such a presentation shall in any case exist in the case of an electronic submission not subject to a form.

2. Where the citizen has opted for electronic filing and must accompany documents which are not available in electronic form and which, by their nature, are not liable to contribute using the intended digitised copy procedure Article 35.2 of Law 11/2007, of 22 June, may provide the same by non-electronic means.

3. If, at a time after the submission of an electronic form, the person concerned, on his own initiative or in the process of under-healing, has to provide additional documents omitted from the submission of the form, he may submit it. also by electronic means, using, if any, a specific form for such purpose.

4. Where the electronic filing system does not permit the automatic determination of the communication, written or application for which the documentation provided or the procedure or file with which it relates is complementary, the person concerned shall it shall provide the information enabling the identification of the file in which the number or, failing that, the individual registration code referred to in paragraph 12, has to take effect. 3.a) of this Resolution.

5. In accordance with the capacity of the available computer tools and communication channels, the maximum extension of the complementary documents may be limited, enabling their split presentation and reporting on the electronic site of the National Energy Commission.

Ninth. Admission of documentation and incorporation of information.

1. In order to enable them to be read and preserved, the electronic headquarters of the National Energy Commission shall contain information on the formats and versions to which the electronic documents submitted shall be subject, applying the use of open standards or, where appropriate, those that are widely used by citizens.

2. In accordance with the third paragraph of Article 35 of Law 11/2007 of 22 June, standard application systems may include automatic checks on information provided with respect to data stored in own systems or belonging to other administrations and, even, offering the completed form, in whole or in part, in order for the citizen to verify the information and, where appropriate, to modify and complete the information.

3. In particular, a copy of the electronic document submitted may be provided to enable appropriate corrections to be made and a new submission to be made.

10th. Identity accreditation.

1. The electronic documents may be filed with the Electronic Registry by the interested parties or by whom it represents them in the terms provided for in Law 11/2007, of June 22. Where the representation is not accredited or cannot be presumed, such accreditation shall be required by the appropriate route.

2. The electronic documents submitted must be signed by means of an electronic signature system of those admitted by the National Energy Commission. The electronic seat of the NEC shall contain the relationship of the systems for the identification and signature of the electronic certificates admissible by electronic registration.

11th. Submission of documents and time limits.

1. Applications for procedures which make use of the electronic register shall allow the submission of applications, written and communications every day of the year, during the twenty-four hours of the day, without prejudice to the technical or operational maintenance interruptions referred to in Article 30.2 of Royal Decree 1671/2009 of 6 November 2009, which shall be announced as soon as possible at the respective electronic seat.

2. When, as a result of unplanned interruptions preventing the submission of written submissions, in the case of the management applications such as the one that supports the Electronic Registry, it is not possible to make your announcement in advance. in accordance with Article 30.2 of Royal Decree 1671/2009 of 6 November 2009.

3. Whenever possible, the users of the incident shall be informed and the extension shall be communicated which, where appropriate, exists within the time limits of the impending expiry.

4. In accordance with Article 26.1 of Law 11/2007, of 22 June, the date and time to be computed in the log of the Electronic Registry shall be the official of the electronic headquarters of the National Energy Commission, which shall be visible to the user.

5. 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.

6. On the day on which the document is to be presented, the time limit for the procedure shall be calculated in accordance with the timetable specifically applicable in accordance with the general administrative rules or the special rules applicable to it.

12th. Log of seats in the Electronic Register.

1. The receipt and referral of applications, written and communications shall give rise to the corresponding seats in the Electronic Register, using secure telematic means for the performance of the seats and the recovery of the data enrollment.

2. The information system that supports the Electronic Registry shall guarantee the constancy of each entry or exit seat that is practiced and of its contents, establishing a registration by seat in which the documentation is identified submitted or submitted, which shall be associated with the corresponding seat number.

3. Each seat in the Electronic Register shall be identified with the following data:

a) An individualized registration code.

(b) The identity of the presenter or recipient and, where appropriate, of the representative, by name, national identity document, NIF, NIE, passport or equivalent. In the case of entities, denomination and NIF. The address for the purposes of notifications, postal or electronic, may also be entered in the case of submission.

c) The date and time of submission or referral.

d) Where appropriate, the identity of the organ to which the electronic document is addressed.

e) Procedure or procedure with which it relates.

f) Extract of the content of the electronic document with indication of the existence, if any, of annexes.

g) Any other information that is considered relevant based on the electronic procedure of the seat.

13th. Receipt of presentation.

1. Electronic Registration shall automatically issue by the same means a receipt issued electronically by the National Energy Commission.

2. The receipt of the presentation shall indicate that it does not prejudge the final admission of the document if any of the reasons for rejection contained in Article 29.1 of Royal Decree 1671/2009 of 6 November 2009 are present.

3. The transfer to the persons concerned of the receipt of the documents to be indicated in the electronic register shall be carried out, wherever possible, in the same session in which the presentation is made, in such a way as to fully guarantee the authenticity, integrity and non-repudiation by the Administration of the content of the forms presented and of the documents annexed thereto, providing the citizens with the full evidence of the made of the presentation and content of the documentation submitted, which may be used independently, without the contest of the Administration or of the Electronic Registry itself.

14th. Annotations of other electronic communications. -The Subdirectorate of Systems shall record the electronic exchange of data of the National Energy Commission with other Public Administrations in closed communication or inter-service environments. web, as well as the receipt and departure of documentation transmitted by telematic means in accordance with specific protocols and rules established by the applicable regulations.

Single additional disposition.

By way of derogation from the sixth paragraph, standard documents and forms available to citizens in the Electronic Register of the National Energy Commission are considered to be approved. the entry into force of this Resolution.

Single repeal provision.

The resolution of 18 December 2003, of the National Energy Commission, which sets out the general criteria for the telematics processing of certain procedures and establishes a telematic register, is hereby repealed. for the submission of written submissions and applications for which the National Energy Commission is responsible.

Single end disposition. Entry into force.

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

Madrid, March 18, 2010. -President of the National Energy Commission, Maria Teresa Costa Campi.

ANNEX I

Procedures currently available in the Electronic Registry of the NEC

Procedure:

Resolution of conflicts regarding third party access to transport and distribution networks (Additional Provision 11th. Third. 1. Function Thirteenth of Law 34/1998).

Economic and technical management conflicts resolution of the system and transport electrical sector (Additional provision 11th. Tercero.2. Function Second of Law 34/1998).

Resolution of management conflicts in relation to the gas sector system (Additional Provision 11th. Tercero.3 of Law 34/1998).

The participation authorization procedure provided for in the Additional Provision 11th. Tercero.1. The 14th function of Law 34/1998).

Authorization procedure provided for in Article 34 of Royal Decree-Law 6/2000

Processing of income statements of fees and fees (Additional Provision Twelfth of Law 34/1998 and Article 6.5 of Royal Decree 2017/1997).

Potestative Resource for Reorder Against Acts dictated by the National Energy Commission (Articles 116 of Law 30/1992 and 222 of the Tax General Law.

SINCRO System: Royal Decree 2017/1997 and Resolution of the DGPEyM of 13 December 2001 establishing a new system SINCRO.

SIFCO System: Submission of information on billing and physical gas movements, necessary to carry out the procedure for the settlement of regulated activities of the natural gas sector, as set out in the ECO Order 2692/2002, of October 28.

System of reception of information established in Circular 2/2004, June 10, of the CNE, on obtaining information of the companies distributing electric power not included in the scope of the Resolution of the Directorate-General for Energy Policy and Mines of 13 December 2001.

Information reception system established in Circular 1/2005, June 30, of the CNE, on the request for information from consumers of electrical energy in the market, to distributors.

Information reception system established in Circular 2/2005, June 30, of the CNE, on the request of information from consumers of electric energy in the market, to the marketers.

Information reception system established in Circular 3/2005, October 13, of the CNE, on request for information of investments, costs, revenues and other parameters of the installations of electricity production in special scheme.

Information reception system established in Circular 2/2007 of 29 November of the CNE on the system of the Guarantee of Origin of electricity from renewable sources and high-efficiency cogeneration.

System for the receipt of information for settlement established in Circular 3/2008 of 6 November of the National Energy Commission for the development of the additional provision of RD 222/2008 of 15 February 2008, as regards the settlement of regulated activities of RD 2017/1997 of 26 December 1997.

Information reception system of Circular 4/2008, dated December 22, of the CNE, for the request for prices of the supplies of the Spanish wholesale market for natural gas.

Information reception system for Circular 5/2008, dated December 22, of the CNE, for information for the Spanish retail market for natural gas.

System for the receipt of information and settlement procedures established in Circular 4/2009 of 9 July of the NEC, which regulates the request for information and the procedures for implementing the settlement system the equivalent premiums, premiums, incentives and additions to the electricity production facilities under special arrangements.

System of reception of information established in Circular 5/2009, July 16, of the CNE, of financial accounting and economic information of companies that develop electric, natural gas and manufactured gas activities channeling.

Last Resource Marketer: System of receiving information, according to Royal Decree-Law 6/2009 of April 30, and Resolution of June 26, 2009 of the Secretary of State of Energy.

Electronic Invoice Referral: Law 56/2007, of December 28, Royal Decree 1496/2003, of November 28 and Order EHA/962/2007, April 10.

System Operator Market Data Receive System, in application of the System Adjustment Services Operation Procedure.