The Ministry of Economy, for some years now, and with the ultimate objective of facilitating its relations with the administration, has tried to implement the precise channels, developing the applications and the information systems necessary to enable them to relate to the Ministry and their bodies in a safe manner using electronic, computer and telematic techniques. This implies the presentation and processing of procedures in a telematic way and by means of computer support, regardless of the role.

Order of 26 December 2001, which sets out the general criteria for the telematic processing of certain procedures by the Ministry of Economy and the Public Bodies attached to it, was set out in response. a Telematics Register for the submission of written and applications.

In the last few years, various norms have been dictated that have made it possible to present and to deal with the writings, requests and communications that are presented to the Ministry of Economy through Internet, establishing the precise legal and technical requirements for this. Among the latter, it is noteworthy to be in possession of an electronic user certificate issued by the National Mint and Timbre-Real Casa de la Moneda (FNMT-RCM). The attribution to this Public Body of the ability to provide security services for communications through electronic, computer and electronic means and techniques of natural and legal persons with the Public Administrations had been established in article 81 of Law 66/1997, of December 30, of Fiscal, Administrative and Social Order Measures, currently developed by Royal Decree 1317/2001, of November 30.

The state of the art and the development of the electronic certification services demand the modification of the aforementioned requirement, removing the limiting character that comes with it. In this sense, and this is the ultimate objective of this Order, it is necessary to make it possible for the signature of written, requests, communications and other documents to be filed with the Ministry of Economy to be processed by telematics, and the carrying out of other administrative proceedings before it, are based on electronic certificates issued not only by the FNMT-RCM but by any other certification service provider, provided that minimum conditions are met essential for the proper safeguards to be maintained. This Order sets out these conditions as well as administrative activity to make the above possibility effective.

To this end, the general interest advises that action in the field of the Ministry of Economy and its Agencies attached to certification providers to issue electronic signature certificates to be used in writing, requests, communications and other documents to be produced through the appropriate conventions, in such a way that the present Order comes to establish the regime of the same in the consideration that it will result in greater transparency and legal certainty, contributing to the best fulfillment of the purposes of this Department.

With this regulation, the principle of free competition in the activity of providing certification services is being implemented. This principle is one of the pillars of our legal system in this field, as is the case at European level, as confirmed by the Directive establishing the Community framework for electronic signatures (Directive 1999 /93/EC of 13 December 1999). of 1999), as provided for in Royal Decree-Law 14/1999, of 17 September, on Electronic Signature, and in Article 81 of Law 66/1997, of December 30, of Fiscal, Administrative and Social Order Measures, as well as in the Royal Decree 1317/2001, dated November 30, which confer on the National Mint and Timbre-Real Casa de la Moneda (FNMT-RCM), the power to provide security services for communications by means of electronic, computer and electronic means and techniques of natural and legal persons with public administrations under free movement concurrency with other operators in the sector.

This Order is based in particular on Article 14.2.c) of Royal Decree 772/1999 of 7 May 1999, which regulates the submission of applications, letters and communications to the General Administration of the State, the issue of copies of documents and return of originals and the system of registration offices, introduced by Royal Decree No 209/2003 of 21 February, provides that the ministerial orders for the creation of telematic registers must be contain the electronic signature system or systems recognised by the register for the identification of the user and the admission of the application, written or communication.

To this end, it is necessary to modify the Order of 26 December 2001, which in the Ministry of Economy created a Telematics Registry for the presentation and processing of applications, written and communications by means of advanced electronic signature, in anticipation in more than two years to the requirements of Royal Decree 209/2003, of February 21. Subsequently, by Resolutions of 11 April and 19 December 2002, the Presidents of the Commissioner for the Market in Tabacos and the Institute of Accounting and Audit of Accounts, respectively, have created two registers. Telematic in these two Autonomous Bodies dependent on the Ministry of Economy, and several ministerial orders and resolutions are also being established in order to regulate the general criteria for the telematic processing of numerous procedures, both internal and external, managed by the Department and the above Self-employed persons, including, where appropriate, the telematic payment, through the payment gateway of the Tax Office, of the fees associated with them.

These telematic records and procedures could not have been operational without the possession and use by the interested parties of the advanced electronic signature, as a technological medium with equal legal value as the handwritten signature which permits the guarantee of the identity, integrity and non-repudiation at the origin of the electronic documents signed with the same, to whose effect the provision of certification services by the National Mint and Timbre-Real Casa de la Moneda (FNMT-RCM), without prejudice to all provisions cited, in accordance with the principle of technological neutrality, any type of advanced electronic signature based on internationally recognised technical standards or which can be published in the Official Journal of the European Union.

However, the necessary safeguard of the guarantees of the telematic procedures of the Ministry

of the Economy and its Autonomous Bodies, which have created or believe in the future Telematics Records, requires the establishment of the concrete procedure by which the fulfilment of the minimum requirements essential for part of the advanced electronic signature systems so that they can be admitted by the Ministry of Economy in their telematic relations with the citizens and the other Public Administrations. Those requirements and other conditions of action shall be reflected in the appropriate Convention concluded with the certification service provider.

Therefore, the purpose of this Order is to lay down the specific rules for the regulation of collaboration agreements concluded by the Ministry of Economy and its Agencies with service providers. certification of electronic signature certificates to be used by users in written, application, communications and other documents to be submitted and processed by telematics, and in the performance of other administrative formalities.

As the minimum requirements demanded by the system of admission of electronic signature systems must be common for all the Telematics Records of the Ministry of Economy and its Autonomous Bodies, a uniform regulation of this matter.

On the other hand, the amendment of the Order of 26 December 2001 is also used to update and adjust its content to the recent amendments operated by Royal Decree 209/2003 of 21 February 2003, which regulate the records and telematic notifications, as well as the use of telematic means for the replacement of the contribution of certificates by the citizens and by Order PRE/1551/2003, of 10 June, for which its provision is developed First.

Consequently, and by virtue of the privileges I have conferred, I have:

First. Use of electronic signatures in the relations of the citizens with the Ministry of Economy and its affiliated organizations.

1. The Ministry of Economic Affairs and its assigned bodies shall, in accordance with the terms laid down in the legal order, admit appropriate electronic signature systems to ensure in their relations with the citizens by electronic means, telematic, authenticity and, where appropriate, the integrity of electronic documents.

In addition, these systems can be used to identify those interested in the actions that take place in these media.

2. In particular, digital or numerical signature systems, based on asymmetric public key cryptography, or any other advanced electronic signature, shall be permitted where it is necessary to ensure the authenticity and integrity of the document electronic.

3. The admission by the Ministry of Economy and its affiliated bodies, in their relations by electronic, computer and telematic means, of any electronic signature system will require their compatibility with the technical means of are available.

4. In any case, for the admission of any electronic signature system in written, applications, communications and other documents which are submitted and processed by means of telematics, and in the performance of other administrative formalities, by the Ministry The Economic and Social Affairs Ministers of the Economic and Social Affairs and the Economic and Social Affairs Council shall be required to conclude a cooperation agreement with certification service providers who issue electronic signature certificates to be used by users in writing, applications, communications and other documents which are submitted and processed by telematics, and in the completion of other administrative formalities, and in which the aspects referred to in the following paragraphs of this Order shall be laid down, containing the ends corresponding thereto.

Second. Conditions to be met by digital or numerical signature systems to be admitted in the citizens ' relations with the Ministry of Economy and its affiliated bodies.

1. In addition to the provisions of the previous paragraph, in order to be admitted to the relations of the Ministry of Economy and its citizens, digital or numerical signature systems must meet the following conditions:

Allow the generation of advanced electronic signatures, as defined in the electronic signature legislation. The creation data and the signature verification data may not be less than the length of the data published by the Ministry of Economy in its electronic address www.mineco.es.

Use electronic certificates to link signature verification data to the signatory, confirming their identity, containing the information described in the third paragraph of this Order and issued by certification services meeting the requirements of the fourth paragraph.

Generate electronic signatures with a secure signature creation device, as defined in the electronic signature legislation.

2. Also, digital or numerical signature systems based on certificates issued by Public Entities and Entities, as well as State Public Corporations, which, in accordance with the Law, will be established in the certification. In these cases, the provisions of the specific regulations governing the various certification services, as well as, where appropriate, the agreement to the effect with the Ministry of Economy and its assigned bodies, will be included.

The provisions of the fifth paragraph of this Order will be applied to them, in the terms that are stated in the order.

3. A public relation of the types of electronic certificates admitted, as well as of the certification service providers which issue them, shall be maintained in the electronic address www.mineco.es.

Third. Electronic certificates admitted.

1. Digital or numerical signature systems shall use certificates which can be qualified as recognised in accordance with the electronic signature legislation, provided that they contain the entries in the following number 2.

2. Certificates must have at least the following content:

a) Unique identification code of the certificate.

b) Identification of the certification service provider issuing the certificate.

c) Advanced electronic signature of the certification service provider issuing the certificate.

d) Identification of the signatory by his or her name or social name and tax identification number.

Where the signatory is a legal person, the identification of the applicant and the person responsible for the use of the certificate shall be entered on the certificate.

The technical standards relating to the format and location to which the identification data referred to in the subparagraph shall be entered in the certificate shall be published by the Ministry of Economic Affairs in the electronic www.mineco.es.

e) The signature verification data that corresponds to the signature creation data that is under the control of the signatory.

f) The beginning and end of the validity period of the certificate.

3. In accordance with the first paragraph number 3 of this Order, the certificates must be based on a technical standard accepted by the Ministry of Economy. In any case, the format based on version 3 of the ITU-T (International Telecommunications Union-Telecommunication) recommendation X.509, dated June 1997 or later, will be accepted.

The supported technical standards will be published in the electronic address www.mineco.es.

Fourth. Certification service providers.

1. Without prejudice to the second subparagraph of paragraph 2, electronic certificates must be issued by certification service providers who fulfil the obligations required by electronic signature legislation.

2. In any case, the admission of electronic certificates which they issue for the relations which, by electronic, computer and telematic means, takes place between the Ministry of Economy and its bodies attached to the citizens will require the conclusion of the appropriate agreement with the certification service providers, by the Deputy Minister for Economic Affairs, in accordance with the provisions of point (f) of the second paragraph of the Order of 25 July 2001 for the delegation of powers to various bodies of the Department, or, where appropriate, by the President or Director of the Agency, corresponds.

To ensure interoperability, these conventions will be informed, prior to their subscription, by the Technical General Secretariat of the Department, which will, in turn, obtain the appropriate technical report from the Subdirectorate General of Information and Communications Technologies.

3. Certification service providers shall be responsible to the Ministry of Economy and its Agencies under the terms established by the electronic signature legislation.

Fifth. Admission of electronic certificates.

1. Prior to the signing of the agreement with the certification service providers, they may apply for the admission of electronic certificates which they issue for the purposes of the relations which, by electronic means, telematic, take place between the Ministry of Economy and its Agencies attached to the citizens.

2. The application shall contain a statement responsible for compliance with the requirements set out in this Order, together with the documentation certifying compliance. In particular, the applicant shall provide, together with the application, the technical standards on which the certificate intended to be approved is based, as well as the protocols or standards and safety and control procedures relating to the establishment, historical storage, access and advertising, renewal and revocation of certificates.

In addition, the documentation provided must include a report issued by an independent third party with proven technical solvency in the field of analysis and evaluation of the activity of providing services. certification, and in which opinion is expressed on the fulfilment by the applicant entity of the conditions laid down in this Order for the admission of its certificates.

The independent third party report referred to in the preceding paragraph shall not be required in the case of the Bodies, Entities and Corporations referred to in the second paragraph of this Order.

3. Without prejudice to the fact that such certification service providers shall in any event require, in order to verify the identity and any personal circumstances of the applicants for the certificates, the personation of the holder or, in the case of a legal person, his legal representative or a person with special power for that purpose, in the conventions to be concluded for the admission of the electronic certificates which they issue, the conditions for the accreditation of the the identity of the persons concerned in accordance with the rules of procedure administrative, including, where appropriate, the appearance of citizens before a public office.

4. Once compliance with the requirements set out in this Order has been verified, the relevant convention for the admission of the electronic certificate may be concluded. The agreement to be signed shall describe the conditions under which admission is granted. The certification service provider with whom the agreement is signed shall be included in the list provided for in paragraph 3 of the second subparagraph.

5. In order to carry out such verification, the cooperation of duly authorized agents or those who have agreed to such verification may be sought in order to obtain any additional information necessary to verify the accuracy of the declared by the applicant, and carry out the additional checks which it provides for.

6. The effective admission of licences shall be subject to the establishment of precise telematic connections between the Ministry of the Economy and its assigned bodies and the service for the publication of revoked certificates by the certification services, in terms that are published in the electronic address www.mineco.es, the use of which by the Ministry of Economy or its assigned bodies may not entail an additional specific cost.

7. You may apply for admission referred to in this paragraph by any service provider established in Spain or in any other Member State of the European Union.

Sixth. Subsequent checks.

The Ministry of Economy and its affiliated bodies may at any time, in themselves or through authorized agents, verify that the issue of certificates or any other aspect of electronic signature systems The conditions laid down in this Order are in accordance with the conditions laid down in this Order.

Seventh. Change in the conditions of service provision.

1. Certification service providers shall be obliged to inform the Ministry of Economic Affairs and their bodies of any changes in the conditions for the provision of the service. The notification shall be made at least one month in advance of the date laid down for the commencement of the application of those amendments.

2. In order for the changes to take effect in the relations referred to in this Order, they will be accepted by the Ministry of Economy and Agencies, through the subscription of the appropriate addenda to the undersigned Convention. Once you subscribe to the addenda of the modifications, the Ministry of

Economy will advertise these on your website, www.mineco.es.

Eighth. Cessation of activity.

1. The providers of certification services shall be obliged to inform the Ministry of Economic Affairs and Agencies, with one month in advance, of the cessation of their activities. The Ministry of Economic Affairs and Agencies attached to it shall give publicity to the Eesc on its website. From the date of this publication, the agreement which has been signed shall cease to be effective and shall not be admitted, for the purposes of this Order, to the certificates which have been issued up to that time by the service provider.

However, the certificates of the entity that has ceased shall continue to be admitted when, in accordance with the provisions of Article 13 of Royal Decree-Law 14/1999 of 14 September on Electronic Signature, the certificates issued were made by another service provider whose certificates were accepted by the Ministry of Economy and the Agency attached to the purpose of this Order for having signed the relevant agreement.

2. Where a service provider ceases its activity without communicating it to the Ministry of Economic Affairs and Organisms attached to it, and as soon as they have knowledge of the said cessation, they shall unilaterally terminate the Convention relating to the admission of the certificates of the entity, and shall no longer be admitted for the purposes of this Order, certificates which have been issued up to that time by the service provider. This will give you publicity on your website, with the same effects on the certificates mentioned in the previous number 1.

Ninth. Suspension and revocation.

1. Where the Ministry of Economic Affairs and the Agency is aware that a particular electronic signature system admitted for the purposes of this Order may have ceased to comply with the technical or legal requirements laid down therein, they may agree the temporary suspension, for a maximum period of six months, of the validity of the relevant certificates for the relations which, by electronic, computer and telematic means, take place between the Ministry of the Economy and its Agencies They are part of the European Union. This suspension must be notified to the service provider. The suspension will also be advertised on its website.

2. If the concurrent circumstances are considered to be insubsable, or after the period of six months of suspension referred to in the preceding number 1 has elapsed, prior to the processing of the provider's hearing, the agreement signed shall be void. for the admission of the certificates, at the same time as the advertising of the said circumstance on the website of the Department: www.mineco.es.

10th. Amendment of the Order of 26 December 2001.

1. The fourth paragraph of the Order of 26 December 2001 is worded as follows:

" Fourth. General conditions for the submission of writing, applications and communications.

1. The Ministry of Economy and its Autonomous Bodies will admit, in their telematic relations, citizens and public administrations, the electronic signature systems which, in the terms laid down in the legal system, will be appropriate to ensure the identity, authenticity and integrity of the electronic documents and are compatible with the technical means available to the Department for which all those who comply with the requirements of this Regulation are permitted to authenticity required for recording and reporting devices and applications telematic services, which are set out in the third paragraph of Order PRE/1551/2003 of 10 June 2003.

2. The electronic signature shall be based on electronic certificates issued by certification service providers in accordance with the provisions of the Order laying down rules on the use of electronic signatures in relation to the electronic, computer and telematic means with the Ministry of Economy and Agencies attached to it, and for which the admission of electronic certificates will require an agreement with the certification service providers.

3. Where telematic procedures include the electronic payment of taxes, charges or public prices through the payment gateway of the State Tax Administration Agency, only certificates issued by a service provider shall be permitted. certification service recognised by the AATT, as provided for in Order HAC/1181/2003 of 12 May 2003 laying down specific rules on the use of electronic signatures in tax relations by electronic means, information technology and telematics with the State Tax Administration Agency. For these purposes, the list of the types of electronic certificates admitted and the certification service providers which issue them, in force at any time, which is maintained by the Agency on its website, will also appear in the www.mineco.es when access to telematic procedures with electronic payment. "

2. The fifth paragraph of the Order of 26 December 2001 is worded as follows:

" Fifth. Procedures and technical requirements for the use of telematic techniques.

1. The procedures and specific criteria for the use of the telematic techniques for each of the administrative procedures shall be included in Annex III to this Order.

2. Citizens ' access via the Internet to the Telematics Records and telematic notifications of the Ministry of Economy and their Public Bodies will be carried out through a web browser that complies with the W3C specification HTML.4.01 or above, by means of an http.1.0 or higher communication protocol, which must be able to use the telematic registration and notification services in its communication channel with the symmetric encrypted data subjects of at least 128 bits.

For these purposes, those interested may use the Windows 98 or higher operating system and the Internet Explorer version 5.5 or higher browser or the Netscape version 6.0 or higher browser or any other that is considered to be a standard in the General Administration of the State of which, where appropriate, publicity shall be given at the address www.mineco.es.

3. In accordance with Article 59.3 of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, the person concerned may consent to or indicate as a means of notification preferential notification by the provider of the single electronic address service for the notifications to be made during the processing

of the procedure, the effects of which will be those set out in that precept and in Royal Decree 209/2003 and other applicable regulations. A list of suppliers offering unique electronic address services with specifications that are previously established shall be kept up to date at www.mineco.es.

4. Once the processing of the telematic procedure has begun, the person concerned, only when justified technical reasons are present, may require the body concerned that the successive notifications are not carried out by telematic means, in where appropriate, the address in which the notifications are to be sent shall be communicated to the competent body. '

3. An additional provision is added to the Order of 26 December 2001, with the following wording:

" Additional Disposition. Responsibility.

The Ministry of Economy will not respond to the fraudulent use that system users can carry out of services provided through the electronic system. For these purposes, those users are exclusively responsible for the custody of the elements necessary for their authentication in access to the electronic system, the establishment of a precise connection and the use of the electronic signature, as well as any consequences that may arise from the improper, incorrect or negligent use of the electronic signature. "

4. A transitional provision is added to the Order of 26 December 2001, the content of which is as follows:

" Transient disposition. Operation of the single electronic steering service.

When the single electronic address provided for in Royal Decree No 209/2003 of 21 February 2003 governing the registers and telematic notifications, as well as the use of telematic means for the use of electronic communications, is enabled. replacement of the contribution of certificates by the citizens, the provisions of the third paragraph number 3 of this Order will be understood to be replaced by the provisions of the implementing rules of the aforementioned Royal Decree 209/2003 as regards the single electronic address. "

Additional disposition. Certificates issued by the National Mint and Timbre-Real Casa de la Moneda.

The provision of certification services of the National Mint and Timbre-Real Casa de la Moneda, in respect of the issuance of certificates with validity to the Ministry of Economy and its affiliated organizations, governed by the conventions in force with that Entity.

Class 2 CA certificates issued by the National Currency and Currency Factory-Royal Mint prior to the publication of this Order in the "Official State Gazette" shall continue to be fully valid and effective before the Ministry of Economy and its affiliated bodies.

The statements contained in the various ministerial orders to the certificates issued by the National Mint and Timbre-Real Casa de la Moneda, should be understood as extensive to any electronic certificates. admitted in the relations of the Ministry of Economic Affairs and its bodies assigned by electronic, computer or telematic means.

Final disposition. Entry into force.

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

Madrid, 15 September 2003.

HANGING OUT AND FIGAREDO