The most important and positive contribution of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure (LRJ-PAC) is -as with rare unanimity has been recognized in all areas are the consecration of a series of citizens ' rights in their relations with public administrations, which are reflected in the legal text itself.

Among these rights, it is important, because of its importance, that it is recognized in Article 35.c) of the aforementioned Law as it empowers citizens " to obtain a sealed copy of the documents they present, bringing it together with the originals, as well as the return of these, except where the originals are required to act in the proceedings. "

This should be added to the forecast made by Article 70 on the issue by the Administrations of receipts of the applications, written and communications submitted by the citizens and the possibility, consecrated by the Article 46, that the bodies which regulate such competence in each public administration, issue authentic copies of public and private documents, which is one of the most resealable novelties of Law 30/1992. All of these forecasts, together with the new regulation of the places for the presentation of documents in Article 38, form the basic pillars of the framework in which the participation of citizens in the European Union must be developed to a large extent. processing of the procedures and actions of the Administration which concern them.

This last precept has been the subject of an important amendment, which was operated by the recent Law 4/1999 of 13 January, amending Law 30/1992, which introduces in the text a new paragraph 5 in which, by a it is expressly provided that copies of documents to be made to satisfy the rights recognised by citizens in Article 35 (c) shall be issued not only by the records of the administrative bodies to which they are addressed; but also for those of any administrative body belonging to the General Administration of the State, to that of any Administration of the Autonomous Communities or any of the entities in the local administration if, in the latter case, the appropriate agreement has been concluded; and, on the other hand, they are clearly distinguished two substantially different assumptions: the issue of copies of documents to be sent to the recipient body together with the application, written or communication accompanying the original, giving the original to the citizen and the citizen of those who, by the They must be delivered to the contrary, when the original must act in the procedure.

It is clear how important it is to clarify and clarify the aspects that have just been mentioned, in order to achieve a real transformation of the position of the citizen in his relations with the public administration. In addition, however, the need for the law to be enacted is indisputable in the light of the many complaints and suggestions submitted under Royal Decree 208/1996 of 9 February on the provision of administrative information services This is a matter of concern to the citizen, and that they are only a reproduction of those that have been addressed to the Ombudsman in recent years, reflected in the successive Reports of that institution to the General Courts. Such complaints and complaints are due to the lack of functions that a deficient understanding of the above legal precepts-to some extent due to their relative obscurity-has resulted in the functioning of the Administrations. On the other hand, this need is credited by the fact that in recent times the subscription, under Article 38.4.b) of Law 30/1992, of agreements with local entities and with the Autonomous Communities has been proliferating. advance in the construction of the global system and the intercommunication of records that the aforementioned Law seeks.

Therefore, this Royal Decree develops articles 35 (c), 38, 46 and 70.3 of Law 30/1992 and addresses, although exclusively in the own field of the General Administration of the State, the other aspects mentioned above. a system characterized by the following notes:

a) The extension of the places of submission of applications, writings and communications. Law 30/1992 enables citizens to present them in all the registers of any administrative bodies belonging to the General Administration of the State or to any of the Administrations of the Autonomous Communities, with independence of the public administration and the body or entity to which they are headed. Also the records of the entities that make up the local government can serve as places of communication to another administration, provided that they have previously signed an agreement to the effect.

b) Presentation of applications, writings and communications addressed to the Administration. For these purposes, Article 70 of the LRJ-PAC recognises citizens as being entitled to be issued with a "receipt of the date of submission, with the date of the filing being accepted as such".

It refers exclusively to requests, writings and communications; and not to the documents accompanying them. This Royal Decree is provided for in Chapter II.

c) Contribution of original documents to the file. Chapter III gives first of all the innovation introduced in the first part of paragraph (c) of Article 35, by recognising the right "to obtain a sealed copy of the documents which they submit, together with the originals". The legislator fixes a loophole in the previous legislation: when the citizen-for the reason of the specific procedural regulation-had to provide original documents together with his application, he had no evidence or accreditation of such documents. documents had been delivered and were in the hands of the Administration. According to Law 30/1992, the citizen has the right to keep a sealed copy of such documents, which allows him to prove the reason for the non-possession of the document delivered and to facilitate the exercise of rights such as that of the non-filing of documents which it would have already provided to the Acting Administration.

d) Expedition of certified copies of the original documents. The second part of paragraph (c) of Article 35 recognises the right to return the original documents unless they are required to do so in the proceedings. In the case that the procedural rule does not require the provision of original documents, the original and the copy of the original document must be copied and the original to the citizen; the certified copy must be added to the corresponding one. request, written or communication. This subject is also addressed in Chapter III.

e) Authentic copies of public documents. Finally, Article 46 sets out a totally novel figure: the true copies, other than those of the previous ones for their certifying function, and their independence with regard to the submission of applications, writings and communications. Chapter III ends by partially addressing its regulation, exclusively with regard to the issue of authentic copies of public administrative documents. On the contrary, it is left out of the normative contents of this Royal Decree the development of the aspects relating to the issue of authentic copies of private documents, for exceeding this issue of the own objectives of the norm.

In addition, in Chapter IV, the questions concerning the submission of applications in official languages other than the beetchestrelandatthe issue of copies of documents also drawn up in those languages, such as: necessary complement of the previous regulation.

Finally, in its Chapter V and in its additional provisions, the Royal Decree establishes the basic system of operation of the records of the General Administration of the State, declaring in the first place that such units (a) bring together the character of administrative bodies under the provisions of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State, and set forth rules concerning the creation, modification, and the extinction of the registered offices; the distinction between general registers and auxiliary; to the functions of each other as regards the receipt of applications, letters and communications and the issuing of receipts for the presentation of such documents and copies of the other documents accompanying the citizens; of days and opening hours; the annual publication of a list of the offices of the General Administration of the State and its public bodies and the establishment of a unified coding system for such offices; make it possible to interconnect it, as well as to the register offices which may exist in entities governed by public law.

In short, the Royal Decree that is enacted aims to improve and facilitate the relations of citizens with the General Administration of the State, which is as much as promoting greater quality and effectiveness of the administrative activity.

In its virtue, on the proposal of the Minister of Public Administrations, in accordance with the opinion of the Council of State and after deliberation of the Council of Ministers at its meeting of May 7, 1999,

DISPONGO:

CHAPTER I

General character provisions

Article 1. Object and scope of application.

This Royal Decree, under the development of Articles 35 (c), 38, 46 and 70.3 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, regulates, in the field of the General Administration of the State:

(a) The presentation by citizens of applications, writings and communications as well as the documents accompanying them, addressed to the public administrations.

(b) The exercise by citizens of their rights to obtain a receipt of the applications, written and communications they direct to the public administrations; to the issue by the General Administration of the State of sealed copies of the original documents which they provide and are required to act in the proceedings; as well as the return of the original documents prior to their copies when they are not required to act in the proceedings.

c) The issue of authentic copies of administrative public documents.

d) The regime of the registry offices.

This Royal Decree does not apply to the issue of authentic copies of private documents and non-administrative public documents, which shall be governed by the corresponding rules of application.

CHAPTER II

Presentation of requests, writing, and communications

Article 2. Presentation places.

1. Citizens have the right to submit applications, letters and communications which they address to the bodies of any public administration or public law entities linked to or dependent on them, as well as the documentation complementary to those, in any of the following places within the scope of the General Administration of the State:

(a) In the registry offices of the administrative body to which they are directed.

(b) In the registration offices of any administrative body belonging to the General Administration of the State, or of the public bodies linked or dependent on that State.

c) In the post offices, in the form established regulatively.

d) In the diplomatic representation and consular offices of Spain abroad.

e) In any other setting out the provisions in force.

2. Citizens may also submit applications, written and communications to the General Administration of the State and their public bodies in the following places:

a) In the records of the Autonomous Communications Administrations.

b) In the records of the entities that make up the Local Administration; provided that the corresponding agreement has been previously signed.

Article 3. Means of presentation.

1. The submission of applications, letters, communications and documents in any of the places referred to in paragraph 1 of the previous Article may be carried out by the following means:

a) On paper support.

b) By computer, electronic or telematic means, as provided for in Royal Decree 263/1996 of 16 February, which regulates the use of electronic, computer and telematic techniques in the General Administration of the State.

2. In the register offices referred to in Article 2 (a) and (b) shall be made available to persons seeking the simultaneous submission of a number exceeding 10 applications, written or communications a model for which they relate those, numbering them and specifying the identity of the stakeholders, the target bodies as well as an extract of the contents.

Article 4. Effects of the presentation.

1. The date of entry of the applications, written and communications addressed to the General Administration of the State and its public bodies in the places provided for in Article 2 of this Royal Decree will produce effects, if any, as to the compliance with the time limits of citizens.

2. The date of entry of the applications, letters and communications referred to in the preceding paragraph in the register offices of the body responsible for processing shall produce, as an effect, the beginning of the calculation of the time-limits for comply with the Administration, and in particular the maximum time limit for notifying the express resolution.

In this respect, in the field of the Ministerial Departments it is understood by registration of the competent organ for the processing any of those belonging to the competent department to start that, with the exception of the corresponding to their public bodies.

However, in the proceedings initiated at the request of the data subject whose processing and resolution corresponds to bodies integrated into the Central Organ of the Ministry of Defence, Defence Staff and General Headquarters of Exercises, the time limit for resolving and reporting shall be counted from the date on which the application has entered the records of the said organs.

Article 5. Standard application models and systems.

1. Where it is deemed appropriate to provide the public with the information and information required or to simplify the processing of the relevant procedure, the body responsible for its instruction or resolution may establish standard models of application. In any event, such models must be established when the circumstance referred to in Article 70.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, is present.

2. The models referred to in the preceding paragraph may be integrated into standard application systems enabling the transmission by telematic means of the required data and information provided that compliance with the requirements is ensured. Article 45 of Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, and of Royal Decree 263/1996 of 16 February, for which the use of electronic, computer and telematic techniques in the General Administration of the State. The standard application systems shall be established by Order of the holder of the Ministry concerned, following a favourable report by the Ministry of Public Administration.

Article 6. Presentation receipts.

1. The issuing of the proof of receipt of the date of filing of any application, written or communication, as referred to in Article 70.3 of Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, in the places mentioned in article 2.1 of this Royal Decree, shall be carried out at the same time as the application, written or communication.

2. Where the application, written or communication is on paper and the presentation is made by the citizen or his representative accompanying a copy, the receipt shall consist of the copy in which the place of presentation shall be recorded, as the date.

In this case, the competent authority to issue the receipt shall verify the exact agreement between the content of the original application, the original document or the original communication and the copy of the copy.

If the citizen or his/her representative does not provide it, the competent body may choose to make a copy of the application, written or communication with the same requirements as those mentioned in the preceding paragraph or by the issuing of the a receipt in addition to the sender, the recipient body and an extract of the content of the application, written or communication.

3. When, in the cases provided for in Royal Decree 263/1996 of 16 February 1996, which regulates the use of electronic, computer and telematic techniques in the General Administration of the State, the citizen makes the presentation to the receipt shall be issued in accordance with the characteristics of the medium, medium or application and shall meet the requirements set out in the preceding paragraphs.

CHAPTER III

Issuing copies of documents

Article 7. Input of original documents to the procedure.

1. Where the rules governing the corresponding procedure or administrative action require the provision of original documents by the public, they shall be entitled to issue by the registration offices of a sealed copy of the original document at the time of its submission. Registration offices shall not be required to issue sealed copies of original documents which do not accompany the applications, written or communications submitted by the citizen.

2. For the exercise of this right, the citizen shall, together with the original document, provide a copy of the document.

The registration office will collate the copy and the original document, verifying the identity of its contents, will link the original document to the application, written or communication to which it is accompanied for referral to the recipient body. and shall deliver the copy to the citizen, once he has been completed with a stamp on which the following data are found:

a) The date of delivery of the original document and place of presentation.

(b) The recipient body of the original document and extract from the subject matter of the procedure or action for which it is processed.

The registration office shall keep an express record of the sealed copies it issues, in which it shall record the data referred to in the preceding paragraph.

3. The stamped copy shall prove that the original document is in the possession of the corresponding Administration, being valid for the purposes of the exercise by the citizen of the right recognized in Article 35.f) of Law 30/1992, of 26 of November, the Legal Regime of the Public Administrations and the Common Administrative Procedure, as well as to request, where appropriate, the return of the original document after the procedure or action has been completed or according to The application rules are available.

The stamped copy will be given to the corresponding Administration at the time the original document is returned to the data subject. In the event of the accidental loss or destruction of the copy, its delivery shall be replaced by a declaration provided by the citizen in which the circumstance produced is written in writing.

Article 8. The input of certified copies to the procedure.

1. Where the rules governing a procedure or administrative activity require the provision of certified copies of orginal documents, the citizen may exercise his right to the immediate return of the latter by the the registration offices in which the application, written or communication to which the certified copy is to accompany, is submitted, irrespective of the body, entity or administration to which it is addressed. Registration offices shall not be required to make copies of original documents where such copies do not accompany applications, writings or communications submitted by the citizen.

2. For the exercise of this right, the citizen shall, together with the original document, provide a copy of the document.

The registration office will perform the collation of the documents and copies, checking the identity of its contents, return the original document to the citizen and unite the copy, once completed with a stamp or accreditation of (a) the application, written or communication to which it is accompanied for referral to the addressee.

The stamp or accrediting accreditation shall express the date on which it was practiced as well as the identification of the organ and the person issuing the certified copy.

3. The certified copy shall have the same validity as the original in the specific procedure in question, without in any case accrediting the authenticity of the original document.

Article 9. Authentic copies of administrative public documents.

1. Citizens may, at any time, request the issue of authentic copies of the administrative public documents which have been validly issued by the organs of the General Administration of the State and by the public authorities. linked or dependent on it.

The authentic copies of administrative public documents have the same validity and effectiveness as these, producing identical effects vis-à-vis public administrations and stakeholders.

2. The issue shall be requested from the administrative body or the public body which issued the original document. Such an organ shall issue the copy after verification in its archives of the existence of the original or of the data in the contents.

In the event that, for the time, the original document or the data in the contents works in a general, historical and similar organism, the application will be submitted to the corresponding file for the expedition, where appropriate, from the authentic copy.

The authentic copy may consist of the full transcript of the content of the original document or a copy made by any computer, electronic or telematic means. Both cases shall include the accreditation of the authenticity of the copy by identifying the organ, file and body which it issues and the person responsible for such an issue.

3. The authentic copy of those documents containing nominative data may be requested by the holders of such data or by third parties who prove a legitimate interest in obtaining them. Where the document contains personal data which may affect the privacy of the holders, the copy may only be requested by them. If the data contained in the document also affects the privacy of persons other than the applicant, only the prior consent of the other persons concerned shall be issued.

4. The application may be refused by a reasoned decision which shall terminate the administrative route where there are grounds for the protection of the public interest or the protection of interests of third parties, where a statutory or regulatory rule so provides and, in any case, in the following assumptions:

a) Inexistence or loss of the original document or the data in the contents.

b) Copies of documents issued in the course of the investigation into crimes, when the issue of the copy could endanger the protection of the rights and freedoms of third parties or the needs of the investigations that are being performed.

c) Copies of documents containing information on National Defense or State Security.

(d) Copies of documents containing information on the actions of the Government of the Nation in the exercise of its constitutional powers not subject to administrative law.

(e) Copies of documents containing information on matters protected by commercial or industrial secrecy, as well as on administrative actions arising from monetary policy.

(f) Copies of documents containing personal health data, in cases where the specific provisions governing them prevent the exercise of the right of access.

5. Within a maximum of one month from receipt of the application, the authentic copies shall be issued or the resolution rejecting the copies shall be issued.

6. The issue of authentic copies of documents in the Civil, Commercial, Property, Sale to Plates Of Movable Property, Mortgage Movimiaria and Prenda without Displacement, General Conditions of the Contracting, the Intellectual property, Central Penados and Rebels, of the Spanish Patent and Trademark Office, as well as in the files submitted to the regulations on classified matters, will be governed by the specific provisions regulating these Records.

CHAPTER IV

Communications and documents in co-official languages

Article 10. Requests, writings, communications and documents in co-official languages.

1. Applications, letters and communications addressed to bodies located in the territorial area of an Autonomous Community with a co-official language may be drawn up in that language or in Spanish; in both cases their presentation shall be accepted. in any registry office of the General Administration of the State and its public bodies. Where the registered office is situated outside the territorial scope of the official language, a copy of the application, written or communication shall be issued in any event as a proof of its presentation of the agreement with the provisions of Article 6 of this Royal Decree.

2. For the issue of sealed or certified copies of documents drawn up in co-official languages provided or presented together with an application, written or communication, the registration offices located outside the territorial scope of the Co-official language will always make the copy with its own means.

CHAPTER V

Log Offices

Article 11. Consideration as administrative bodies.

1. The registration offices of the General Administration of the State are administrative units which, in accordance with the provisions of Article 5.2 of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, have the consideration of an administrative body for having assigned functions with legal effects vis-à-vis third parties.

2. Its creation, modification or deletion shall be carried out in accordance with the rules laid down in Article 67 of Law 6/1997, of the Organization and the Functioning of the General Administration of the State.

The registration offices of the Delegations and Subdelegations of the Government and of the territorial services in them are created, modified or deleted by the Order of the Minister of Public Administrations.

3. The General or Auxiliary character of the relevant registration office shall be expressed in the Order of creation, modification or deletion.

4. The establishment, modification or deletion of the registration offices of the public bodies shall be carried out in accordance with the provisions of their regulatory standards.

Article 12. General and auxiliary register offices.

1. They have the consideration of a general registration office for those who exercise the functions of receiving and forwarding requests, writing and communications for one or more administrative bodies. Any administrative body shall have a single office of general registration, without prejudice to the fact that it has such a character for several administrative bodies.

2. They have the consideration of auxiliary register offices which, exercising identical functions and for the same administrative bodies as the office of general registration, are located in different dependencies of that one. A number of auxiliary register offices may be dependent on each office of general registration.

3. The auxiliary register offices shall send copies of all the seats which they practise to the office of general registration, the latter being the one who carries out the functions of constancy and certification in the case of disputes, discrepancies or doubts about the receipt or referral of requests, writing and communications.

4. The installation in computerised form of the register offices shall ensure the full interconnection and integration of the general character and the respective auxiliary offices; establishing a single correlative numbering of the seats depending on the temporary order of receipt or departure. In the case that the numbering of the auxiliary records and the general register is not unique, the one generated by those records shall include the code of the auxiliary register office.

In any case, the seats shall include the date, expressed with eight digits for the day and year; and the hour, expressed with six digits for the hour, minutes and seconds, in addition to the other data specified in Article 38.3 of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Article 13. Functions of the registry offices.

Log offices, both general and auxiliary, develop the following functions:

(a) The receipt of requests, writings and communications addressed to any organ or entity of any public administration; in accordance with the provisions of the Articles 2and 3 of this Royal Decree.

b) The issuance of receipts from the submission of applications, writing and communications; in accordance with the provisions of Article 6 of this Royal Decree.

(c) The entry or exit entry for applications, letters and communications; in accordance with the provisions of Article 38 (2) of Law No 30/92 of 26 November 1992 on the legal framework of the Public administrations and the Common Administrative Procedure.

(d) The referral of applications, letters and communications to the persons, bodies or units to which they are addressed; in accordance with the provisions of Article 38 (2) of Law No 30/1992 of 26 November 1992 on the legal system of Public administrations and the Common Administrative Procedure.

e) The issue of sealed copies of the original documents which the citizens must provide together with an application, written or communication as well as the registration of such an issue; all in accordance with the provisions of the Article 7 of this Royal Decree.

f) The carrying out of the joint and the issuing of copies of original documents provided by the interested parties; as set out in Article 8 of this Royal Decree.

g) Any other attributes that are legally or legally attributed to them.

Additional disposition first. Days and times of opening, relationship and coding of the registry offices.

1. The days and opening hours of the registration offices of the General Administration of the State and its public bodies shall be established by the Ministry of Public Administration by means of a resolution of the Secretariat of State for The Public Administration shall, after hearing the departments of the Ministry concerned, regulate the specific specialities in relation to the public bodies of which they are dependent. Notwithstanding the foregoing, the Deputy Secretaries of the Ministerial Departments and the Presidents or Directors of the Public Bodies may establish a higher-than-expected time-attention regime in that resolution.

2. The Ministry of Public Administration shall keep permanently updated and publish annually, by means of a Resolution of the Secretariat of State for Public Administration, the relationship of the registry offices of the General Administration the State and its public bodies, which shall include their access and communication systems and the working hours.

The registry offices included in the relationship will be identified by a code, assigned in accordance with the unified coding system to be established by the Secretariat of State Resolution for the Public administration, in order to enable the telematic transmission of the registered seats and their associated documents between those offices.

3. The Departments and Agencies shall communicate to the Ministry of Public Administrations the data relating to their registration offices and the variations in them.

Additional provision second. Registration offices in public law entities.

Business public entities and the other public law entities that do not have the consideration of an autonomous body will have registration offices when, in accordance with their standard of creation, they have the responsibility of exercise of administrative powers requiring the existence of such bodies. In this case, the Registration Offices shall be governed by the provisions of this Royal Decree.

Additional provision third. Tax procedures and procedures for diplomatic missions and consular offices.

1. In accordance with the provisions of the fifth additional provision of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, tax procedures and the application of taxes shall be governed by by its specific rules and, in an additional manner, by Law 30/1992 and the present Royal Decree.

2. In accordance with the provisions of the 11th additional provision of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, the procedures established before the diplomatic missions and the Consular Offices by non-EU foreign nationals shall be governed by their specific rules and shall be bound by this Royal Decree.

Single transient arrangement. Units with existing registry functions.

Without prejudice to the provisions of Articles 11 and 12 of this Royal Decree, the units which carry out registration functions at the time of entry into force of this Act and have not been established in accordance with the provisions of the Articles mentioned above will have the consideration of registration offices, governed by the provisions of this Royal Decree. Within six months from the entry into force of this Royal Decree, the Ministries and Bodies shall adopt the necessary provisions to regularise the situation of such units.

Single repeal provision. Regulatory repeal.

All rules of the same or lower rank are repealed in that they contradict or oppose the provisions of this Royal Decree.

Single end disposition. Development and entry into force.

1. The Minister of Public Administrations is authorized to dictate how many provisions are necessary for the development of this Royal Decree. The Undersecretaries of the various Departments may, within the scope of their respective powers and subject to the provisions of this Royal Decree and its implementing provisions, lay down the precise instructions for their application.

2. This Royal Decree will enter into force two months after its publication in the "Official State Gazette".

Dado en Madrid a 7 de mayo de 1999.

JOHN CARLOS R.

The Minister of Public Administration,

ANGEL ACEBES PANIAGUA