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 located in the Royal Decrees 263/1996 of 16 February, which regulates the use of electronic, computer and telematic techniques by the General Administration of the State, and 772/1999 of 7 May 1999 regulating the submission of applications, letters and communications to the General Administration of the State, the issuing of copies of documents and the return of originals and the arrangements and operation of the Register offices.

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 the Ministry in a secure manner using electronic, IT 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.

On the other hand, the telematic presentation of requests, writings and communications requires the creation of a telematic registry that deals with the reception and referral of the same.

To both questions the Order of 26 December 2001, laying down the general criteria for the telematic processing of certain procedures by the Ministry of the Economy and the Public Bodies assigned to the Department and a Telematics Registry is created for the submission of written and applications.

However, as its preamble points out, to prevent the advancement of the Information Society technologies and the gradual incorporation of electronic, computer and telematics techniques into all fields of action The Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Union application of the provisions of the same, new standard and preprinted models to make the exercise of rights, actions and communications effective through electronic, computer and telematic techniques.

In this context it must be borne in mind, on the one hand, that the regulatory regulation for the management and supervision of private insurance and pension schemes and funds establishes for entities subject to the same rules. specific information duties, which are translated into the regular referral to the body responsible for monitoring the documentation.

Thus, as far as the insurance companies are concerned, this duty of periodic remission of information is carried out, as provided for in Article 20 (1) of Law 30/1995 of 8 November 1995 on the Management and Supervision of the Private insurance, in Article 66 of the Regulation on the Management and Supervision of Private Insurance, approved by Royal Decree 2486/1998 of 20 November 1998. This precept, in its number 4, provides that the insurance institutions must send to the Directorate-General for Insurance and Pension Funds, among other documents, the statistical-accounting information referred to the economic year. It also provides that institutions required to draw up consolidated accounts must send the consolidated annual accounts to the Directorate-General for Insurance and Pension Funds.

In addition to the annual statistical accounting information, in accordance with the specified regulatory article, the following quarterly statistical information is required to send quarterly accounting information to the insurance entities located in one of the The circumstances provided for by this Regulation and the obliging entities of the consolidable groups of insurance companies must submit the statistical-accounting information corresponding to that period in a semi-annual basis.

This scheme is supplemented by the provisions of Article 98 of the Regulation, which provides for Spanish insurance companies operating under the right of establishment to submit information annually. statistics-book on the activity carried out in each Member State of the European Economic Area; information to be submitted together with the annual statistical-accounting documentation corresponding to the total activity of the institution. Peer

duty is submitted to Spanish insurance companies operating under the freedom to provide services.

In the development of these provisions, and making use of the corresponding regulatory enablement, the Minister of Economy and Finance (today of Economics), by the Order of 23 December 1998, approved the models of annual, quarterly and consolidated statistical accounting documentation to be sent to the Directorate-General for Insurance and Pension Funds.

Recently, the Order of 24 July 2001, which approved models of information to be supplied by insurance companies, sets out new information duties in relation to insurance contracts which implement pension commitments with workers and beneficiaries within the meaning of the first provision of Law 8/1987, the Regulation of Pension Plans and Funds, as well as information requirements on channels distribution.

As far as the duty of information of the pension fund management entities is concerned, Article 19 of the Law on the Regulation of Pension Plans and Funds and Article 38 of its Implementing Regulation, approved by Royal Decree 1307/1988, of September 30, provides for information that within the first quarter of each financial year the pension fund management entities will have to present to the Ministry of Economy and Finance (today Ministry of Economy), enabling both Article 19 (6) of the Law and Article 38 (5) of the Law Regulation, to the Ministry of Economy and Finance (today Ministry of Economy) to establish the models of balance sheet, income statement and other accounting statements of pension funds and their management entities. On the basis of that rating, the Order of 12 March 1996 established the statistical-accounting information models of the pension schemes and funds and their managing bodies.

On the other hand, and regardless of the above, it must be considered that in the field of the competences of the Directorate General of Insurance and Pension Funds there are other procedures, communications and actions that can be the current time for telematic processing, such as the application of the diploma of insurance mediator entitled, regulated in Article 16 of Law 9/1992, of 30 April, of Mediation in Private Insurance; the request for prior administrative authorization for the exercise of the business of insurance brokerage, whether by natural or legal person, provided for in Article 15 of Law 9/1992 of 30 April of 30 April on Private Insurance; the application for an assessment by the technical services of the Directorate-General for Insurance and Pension Funds for property and property rights, regulated by the Order of 30 November 1994 approving the rules on the valuation of immovable property for certain financial institutions; the application for the issuance of certificates on data from the administrative registers provided for in the Article 74 of the Law on the Management and Supervision of Private Insurance and Article 11 (5) of the Law 8 June 1987, Regulation of the Pension Plans and Funds, and finally the application by both the insurance institutions and the management of pension funds for the issue of solvency certificates for the purposes of competitions.

Among the procedures and actions provided for in Annex I to the Order of 26 December 2001, the procedures, communications and actions mentioned above are not covered, however, at the present time, are susceptible to telematic processing.

For all of the above, by virtue of the delegation contained in the sixth paragraph of the Order of 26 December 2001 laying down the general criteria for the telematic processing of certain procedures by the Ministry of Economy and public bodies attached to the Department and a telematic register is created for the submission of written and applications, in accordance with the provisions of article 13 of Law 30/1992, of 26 November, of Regime Legal of Public Administrations and of the Common Administrative Procedure, I have:

First. Purpose and scope of application. The purpose of this Order is to determine the rules and criteria to be observed for the telematic presentation and processing of the written, requests and communications relating to the the following procedures and actions:

1. The referral by the insurance institutions to the General Directorate of Insurance and Pension Funds of the annual statistical accounting information.

2. The referral by the entities required to formulate consolidated accounts to the General Directorate of Insurance and Pension Funds of the consolidated statistical-accounting information.

3. The referral by the insurance institutions to the General Directorate of Insurance and Pension Funds of the quarterly statistical accounting information.

4. The referral by the obligable entities of the consolidable groups of insurance entities to the General Directorate of Insurance and Pension Funds of the semi-annual statistical accounting information.

5. The referral by the insurance companies authorized to operate in Spain, including social security mutual societies, which have the insurance contracts with the companies that implement pension commitments with the workers and (a) to be granted in accordance with the provisions of the first provision of Law 8/1987, the Regulation of Pension Plans and Funds, and which are in line with the provisions of the Regulation on the Instrumentation of Commitments for Pensions Companies with their Workers and Beneficiaries, approved by Royal Decree 1588/1999, of 15 October, to the Directorate-General for Insurance and Pension Funds for the information referred to in Annex No 1 to the Order of 24 July 2001 approving models of information to be provided by the insurance institutions.

6. The referral by the managing entities of pension funds to the General Directorate of Insurance and Pension Funds of the annual statistical-accounting documentation of the managing entities and of the pension plans and funds.

7. The presentation to the General Directorate of Insurance and Pension Funds of the application for issuance of the Diploma of Insurance Mediator Titled.

8. The presentation to the General Directorate of Insurance and Pension Funds of the application for administrative authorization to access the exercise of the activity of insurance brokerage.

9. The presentation to the General Directorate of Insurance and Pension Funds of the application for the valuation of real estate and real estate rights for the technical services of that Directorate General.

10. The presentation to the General Directorate of Insurance and Pension Funds of the application for certification of the data entered in the administrative records provided for in article 74 of Law 30/1995, of 8 November, of Management and Supervision of the Private Insurance, and in Article 11.5 of Law 8/1987 of 8 June of Regulation of the Pension Plans and Funds.

11. The presentation to the General Directorate of Insurance and Pension Funds of the application for certification of solvency for the purposes of competitions.

Second. Standard system of applications. -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 procedures and actions to be carried out The standard and pre-printed systems included in Annex I to this Order are approved in the preceding paragraph.

Third. Conditions of use.-The procedures and specific criteria for the use of telematic techniques corresponding to the procedures and actions referred to in the first paragraph of this Order are included in Annex II to this Regulation. Order.

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

The telematic presentation of the statistical accounting documentation referred to in points (a) to (f) of the first paragraph of this Order shall apply for the year 2001 as regards the documentation of an annual nature. For the statistical-accounting documentation of periodicity less than one year, it shall be applicable for the financial year 2002.

What I communicate for your knowledge and effects.

Madrid, March 8, 2002. -Vice President of the Government for Economic Affairs and Minister of Economy, P. D. (sixth paragraph of the Order of December 26, 2001), the Undersecretary, Miguel Crespo Rodríguez.

Excmo. Mr Secretary of State for Economic Affairs, Energy and SMEs.

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