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Order Eco / 1589/2003 Of 29 May, Establishing The Electronic Processing Of New External Procedures The Scope Of The Direccion General De Seguros Is Enabled.

Original Language Title: ORDEN ECO/1589/2003, de 29 de mayo, por la que se habilita la tramitación telemática de nuevos procedimientos externos del ámbito de la Dirección General de Seguros y Fondos de Pensiones.

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TEXT

Article 45 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, urges the Public Administrations to promote the incorporation of electronic, computer and telematics in the development of its activity and in the exercise of its competences.

The development of this article is found in Royal Decree 263/1996 of 16 February, which regulates the use of electronic, computer and telematic techniques by the General Administration of the State and the Royal Decree 772/1999 of 7 May 1999 regulating the submission of applications, letters and communications to the General Administration of the State, the issue of copies of documents and the return of originals and the arrangements for the offices of registration. Both Royal Decrees have been amended by Royal Decree No 209/2003 of 21 February on the regulation of telematic registers and notifications, as well as the use of telematic means for the replacement of Citizens ' certificates.

The Council of Ministers also approved, at its meeting on 23 December 1999, the Government's initiative for the development of the Information Society "INFO XXI: The Information Society for All". This project, in line with the e-Europe initiative, aims to promote the development of new information technologies and to promote their adoption and their widespread use by citizens and businesses, primarily by SMEs and SMEs. by the Public Administration, in order to ensure that all rapidly assimilates the socio-economic changes that the Information Society provides and fully exploit all its advantages.

In the development of all the above, with the aim of bringing the Administration closer to the citizen and promoting the development of the Information Society within the framework of the INFO XXI initiative, the Ministry of Economy has developed the applications and information systems needed to enable stakeholders to interact with this Department in a secure manner using electronic, computer and telematics techniques. This implies the presentation and processing of procedures in a telematic way and by means of computer support, regardless of the role.

To both questions, the Order of 26 December 2001, which sets out the general criteria for the telematics processing of certain procedures by the Ministry of Economy and Public Bodies, has been answered. assigned to the Department and a Telematics Registry is created for the submission of written and applications.

By Order ECO/586/2002 of 8 March, the rules and criteria to be observed for the telematic presentation and processing of written, requests and communications relating to certain procedures and procedures were approved. actions, which were not foreseen among those set out in Annex I of the Order of 26 December 2001, but which were subsequently subject to a telematic presentation.

Again, procedures, procedures and communications arise, not covered in Annex I of the Order of December 26, 2001, but which are susceptible at the current moment of telematic presentation.

This is the case with the communication to the Directorate-General for Insurance and Pension Funds by the insurance companies that cover the risks of the civil liability class of motor vehicles, excluding the liability of the carrier, the designation of the representatives responsible for the processing and settlement of claims in the country of residence of the injured party, as provided for in Articles 6.2.g and 87.1.g of Law 30/1995, of 8 November, on the Management and Supervision of Private Insurance, in the wording given to the Article 32 of Law 44/2002, of 22 November, of Measures of Reform of the Financial System.

Similarly, at the present time, certain communications submitted for the purposes of applications for registration in the administrative registers provided for in Article 74 of the Treaty are likely to be received by telematics. Law 30/1995 of 8 November 1995 on the Management and Supervision of Private Insurance and Regulatory Standards for Development and Article 46 of the Pension Plans and Funds Regulation, adopted by Royal Decree 1307/1988 of 30 September 1988, and implementing rules for certain acts which are to be registered.

For reasons of simplicity, the procedures and criteria for the use of telematic techniques corresponding to the new procedures, formalities, standardized and preprinted systems approved in Annex II of this Order, also extend to those approved in Order ECO/586/2002 of 8 March.

By virtue of the above, I have:

First. Object and scope of application.

The purpose of this Order is to determine the rules and criteria to be observed for the submission and telematics processing of the written, requests and communications related to the procedures and procedures. Following actions:

1. The communication to the Directorate-General for Insurance and Pension Funds by the insurance institutions covering the risks of the civil liability class of motor vehicles, excluding the liability of the carrier, the designation of the representatives responsible for the processing and settlement of claims referred to in Articles 6.2.g and 87.1.g of Law 30/1995 of 8 November 1995 on the Management and Supervision of Private Insurance, in the form of Article 32 of Law 44/2002 of 22 November 2002 on the Reform of the Financial System.

2. The presentation to the Directorate General of Insurance and Pension Funds of the communication of the designation of the Ombudsman referred to in article 29 of Law 44/2002, of November 22, of Measures of Reform of the Financial System, pursuant to Article 109 of the Regulation on the Management and Supervision of Private Insurance, approved by Royal Decree 2486/1998 of 20 November 1998.

3. The presentation to the Directorate General of Insurance and Pension Funds of the communication of the agreements of appointment, suspension, revocation or cessation of high positions, adopted by the competent social bodies, as provided for in the Article 123 of the Regulation on the Management and Supervision of Private Insurance.

4. The presentation to the Directorate-General of Insurance and Pension Funds of the communication of the agreements of change of registered office, of social denomination, of increase or reduction of social capital or mutual fund and other statutory modifications, in accordance with Articles 5 and 122 of the Regulation on the Management and Supervision of Private Insurance.

5. The presentation to the Directorate-General for Insurance and Pension Funds of the communication of acquisition or modification of significant holdings in the share capital of the insurance institutions, as provided for in Articles 5 and 122 of the Regulation on the Management and Supervision of Private Insurance.

6. The presentation to the Directorate General of Insurance and Pension Funds of the communication of resignation by the insurance institution itself to the administrative authorization granted, for the purposes of the provisions of article 25.1.a) of the Law of Ordination and Supervision of Private Insurance, and in accordance with the provisions of Article 122 of the Regulation on the Management and Supervision of Private Insurance.

7. The presentation to the General Directorate of Insurance and Pension Funds of the communication of the modifications concerning the composition and entities that make up a consolidated group of insurance entities, as provided for in the article 122 of the Regulation on the Management and Supervision of Private Insurance.

8. The presentation to the Directorate-General of Insurance and Pension Funds of the communication of the modifications with respect to the initial communication of the organizations for the distribution of the coverage of risks or the provision of common services, in accordance with Article 125 of the Regulation on the Management and Supervision of Private Insurance.

9. The presentation to the Directorate-General of Insurance and Pension Funds by the pension fund management entities of the communication of the agreements of change of the registered office, social denomination and modifications of the social capital, mutual fund or permanent fund with the institution's central house; appointment, revocation, suspension or termination of its administrators and senior officials; changes in the fund or pension funds the management of which is entrusted with, all in accordance with the provided for in Article 6 of the Order of the Ministry of Economic Affairs and Finance of 7 November 1988, determining the registration procedure for institutions and persons related to the Pension Plans and Funds governed by Law 8/1987 of 8 June.

10. The presentation to the General Directorate of Insurance and Pension Funds by the depository institutions of pension funds of the communication of the agreements of change of the registered office, social denomination; of appointment, revocation, the suspension or termination of its directors, directors or managers to whom it has taken over for the exercise of the functions of the institution as a depository of pension funds; of changes of the fund or pension funds in respect of which they are assigned the functions of the depositary, as provided for in Article 7 of the Order of the Ministry of Economy and Finance of 7 November 1988.

11. The presentation to the General Directorate of Insurance and Pension Funds of the communication of the agreements of change of the denomination of the fund; of change of the name or social reason and domicile of the entity or entities promoting, entity the pension fund's managing institution and institution; the change in the pension plan or plans integrated into the fund, in particular its name, modality, social reason and address of the sponsor and the substantive changes in the pension fund; nature of the plans which have an impact on the fund itself; the appointment, revocation, suspension or termination of the Member of the Committee on the Control of the Fund, as provided for in Article 4 of the Order of the Ministry of Economic Affairs and Finance of 7 November 1988.

12. The presentation to the Directorate General of Insurance and Pension Funds of the communication of integration of pension plans in the fund, as provided for in article 4 of the Order of the Ministry of Economy and Finance of 7 November 1988.

13. The presentation to the Directorate General of Insurance and Pension Funds of the communication of the agreements for the replacement of the managing or depository entity, as provided for in Article 8 of the Order of the Ministry of Economy and Finance of 7 of November 1988.

14. The presentation to the General Directorate of Insurance and Pension Funds of the application for registration in the Register of actuaries of pension plans and funds, as well as of the communication of the modifications of its registration data, in accordance with Article 9 of the Order of the Ministry of Economic Affairs and Finance of 7 November 1988.

15. The presentation to the Directorate-General for Insurance and Pension Funds of the communication of renewal, updating or extension of the guarantee required by Article 45.1 (d) of the Pension Plans and Funds Regulation, as provided for by Article 11 of the Order of the Ministry of Economy and Finance of 7 November 1988.

16. The presentation to the Directorate-General for Insurance and Pension Funds by the sponsor of an individual pension scheme, or of the managing body of the pension fund in which it is integrated, of the communication of appointment of the Ombudsman Take part, as well as the rules of procedure and deadline set for the resolution of complaints, in accordance with the provisions of article 7.5 of the recast of the Law on the Regulation of Pension Plans and Funds, approved by Real Legislative Decree 1/2002 of 29 November.

17. The presentation to the General Directorate of Insurance and Pension Funds by the managing body of the communication of the contracts for the management of foreign assets and their modifications, in accordance with the provisions of Article 10 of the Royal Decree 1351/1998 of 26 June 1998 laying down the conditions for the administration and deposit of the foreign financial assets of the pension funds.

18. The presentation to the Directorate-General for Insurance and Pension Funds of the actuarial revisions of the pension plans referred to in Article 9.5 of the recast of the Law on the Regulation of Pension Plans and Funds, adopted by Royal Decree-Law 1/2002 of 29 November.

Second. Telematic reception and referral of applications, communications and written documents relating to the telematic procedures covered by this Order.

The telematic reception and referral of the applications, communications and writings relating to the telematic procedures regulated in this Order will be carried out through the Telematics Registry of the Ministry of Economy created by the Order of 26 December 2001. The telematic presentation of such requests, communications and letters shall be issued to the extent that, irrespective of the provisions of this Order, it complies with the provisions of the fourth paragraph of the Order of 26 December 2001.

Third. Standardised and pre-printed systems.

In order to make the exercise of rights and actions effective, and to allow the submission of applications, written and communications by the interested parties, referring to the communications, formalities and actions referred to in the first subparagraph, the standard and pre-printed systems included in Annex I to this Order are approved.

Fourth. Conditions of use.

The specific procedures and criteria for the use of telematic techniques for the communications, formalities and actions referred to in the first paragraph are included in Annex II to this Order.

Fifth. Amendment of Annex II to Order ECO/586/2002.

Annex II of Order ECO/586/2002 of 8 March, which includes new procedures, formalities, standardised and pre-printed systems to make the exercise of rights, actions and communications effective through electronic, computer and telematic techniques in the area of the General Directorate of Insurance and Pension Funds, it becomes the same wording as Annex II of this Order, for which it will be understood as replaced.

Sixth. Entry into force.

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

Madrid, 29 May 2003.

HANGING OUT AND FIGAREDO

(SEE IMAGES, PAGE 23131 TO 23154)

ANNEX II

Formalities and specific criteria for the use of telematics techniques

1. The interested party will access via the browser to the address www.dgsfp.mineco.es and through the following link:

Virtual Office

The system will display a screen with the various materials that can be used to make telematic presentations available in the General Directorate of Insurance and Pension Funds.

It will be necessary to be in possession of an advanced electronic signature based on a certificate that complies with the UIT X.509.V3 recommendation or higher (ISO/IEC 9594-8 of 1997) or those that could be published in the Official Journal of the European Union. the European Union in accordance with the provisions of the legislation on electronic signatures.

For these purposes, certificates issued by the FNMT (class 2CA) which comply with the requirements set out in Annex IV to the Order of 26 December 2001 shall be valid.

2. Once the corresponding telematics presentation is selected, the system displays the data capture form.

3. The data requested in the form must be completed, specifying the type of documentation to be submitted.

4. Once the data has been completed and the files are selected to be sent, using the above procedure, the button must be pressed and sent.

5. If the presentation is accepted, the system will return the document data, indicating the person who performs the presentation, the e-mail address for sending notifications, the filing date, the order number within the telematic register, the date and time at which it is recorded, the fingerprint and the name of the attached document.