The additional provision of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, provides that, within eighteen months of the from the entry into force of this Law, the adequacy to the same of the regulatory norms of the different administrative procedures, whatever their rank, is carried out.

In compliance with the aforementioned mandate, this Royal Decree aims to bring into line Law 30/1992, the regulatory norms of the procedures for granting, modifying and extinguishing authorizations, accepting a conception It is based on Article 1 (1) of the Treaty on European Union, which provides for the application of the principle of equal treatment for the protection of the rights of the public and the protection of the public interest. exercises the authorization authority.

Consequently, the concept used makes it possible to understand, within the scope of the Regulation, all those cases which, under different names (authorisations, licences, permits, ratings and others), respond to the above mentioned features in the current legal order.

The adequacy of the authorization procedures to Law 30/1992, is verified by the regulation of certain specific aspects that are common to all those, regardless of the matter to which they refer. These aspects are, in substance, those relating to the provision of documents, the time limit for resolution, the obligation to give reasons for the decisions to be taken, the end of the administrative route, the effects of the lack of express resolution and the possibility of conventional termination.

The Royal Decree delimits the scope of the right granted to those interested in Article 35.f) of Law No 30/1992, determining the cases in which those persons are not obliged to provide documents which are already held by the Acting Administration, all under the scope of the rating contained in the final provision of that legal text.

On the other hand, the Royal Decree imposes on the Administration the obligation to state the reasons for all the decisions given in these procedures, whether they are regulated or discretionary, and regardless of their favourable effects. unfavourable for the interested parties. Thus, by making use of the forecast contained in article 54.1.f) of Law 30/1992, the principles of objectivity and transparency of administrative action are reinforced, and full protection of legitimate rights and interests is possible. of the citizens.

The specific nature of the authority's approval authority justifies the estimated effectiveness that the present Royal Decree attributes to the lack of express resolution. However, this general rule must, by legal requirement, give way in cases where the estimate would result in the transfer of powers relating to the public domain or to the public service. Likewise, the disestimatory effects of the lack of resolution are foreseen when special considerations of public order, public security or public health or other relevant relevance are present.

Finally, and in accordance with the principles laid down in Law 30/1992, the possibility is provided for the procedures for granting, modifying and extinguishing authorizations to be completed by means of a conventional termination between the Administration and the applicants, ensuring full respect for the public interest, the protection of which is entrusted to the Acting Administration.

In its virtue, on the proposal of the Minister for Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of August 5, 1994,

D I S P O N G O:

Article 1. Object and scope of application.

1. This Royal Decree shall apply to the granting, modification and termination of administrative authorizations, in the following cases:

(a) Procedures dealt with in full by the General Administration of the State or by entities governed by public law linked to or dependent on it.

(b) Procedures relating to authorisations established in areas of full state regulatory competence and the processing of which is the case for other public administrations.

2. For the purposes of this Royal Decree, it is understood by authorizations all administrative acts, whatever their specific denomination, by which, in use of a power of intervention legally attributed to the Administration, allows individuals to exercise an activity, subject to verification of their suitability for the legal order and assessment of the public interest concerned.

3. This Royal Decree shall not apply to the procedures for the exercise of fundamental rights and public freedoms.

4. It is also excluded from the scope of this Royal Decree the cases of modification and termination of authorisations, where they are the result of procedures for the review of acts on the administrative basis, the execution of judgments court, or the imposition of administrative penalties.

5. For procedures relating to authorisations governed by Community law or international treaties to which Spain is a party, this Royal Decree shall apply to them as soon as they do not contradict those provisions.

Article 2. Contribution of documents.

Where the documents required of the persons concerned by the applicable rules are already held by any body of the acting administration, the applicant may avail himself of the provisions of Article 35 (f) of the Treaty. Law 30/1992, of a Legal Regime of Public Administrations and of the Common Administrative Procedure, provided that it states the date and the body or agency in which they were presented or, where appropriate, issued, and where they have not elapsed more than five years after the completion of the procedure to which they correspond.

In the cases of material impossibility of obtaining the document, duly justified in the file, the competent body may require the applicant to present it or, failing that, the accreditation by other means of the requirements referred to in the document, prior to the formulation of the motion for a resolution.

Article 3. Resolution.

1. The maximum time limit for the resolution of the procedures for granting, amending and extinguishing authorisations shall be that laid down in its regulatory rules and, failing that, for three months.

2. The resolutions of these procedures will always be motivated.

3. Such decisions shall terminate the administrative route, except in the cases specified in the relevant rules.

Article 4. Effects of lack of express resolution.

1. After the maximum period for resolving the procedure, without any express resolution, the following legal effects will be produced:

(a) Applications for granting and modifying authorisations may be deemed to be estimated, except in the cases listed in the Annex to this Royal Decree.

(b) Applications for the termination of authorisations may be deemed to be estimated.

(c) In the procedures for the modification and termination of trade, the expiration shall be produced in accordance with the terms of Article 43.4 of Law 30/1992.

2. For the effectiveness of the alleged decisions referred to in the headings (a) and (b) of the preceding paragraph, the certification provided for in Article 44 of Law 30/1992, of the Legal Regime of the Public Administrations and of the of the Common Administrative Procedure within 20 days of the request or that the said certification has not been issued after the request has been made.

In the course of the time limit for the issuance of the certification, it may be expressly resolved on the merits, in accordance with the regulatory rule of the authorization, and without connection with the effects attributed to the presumed resolution whose certification has been requested.

Article 5. Conventional termination.

1. Where, by the nature of the activity, the regulatory rules of the authorisation so provide, the procedure may be terminated by agreement between the Administration and the interested parties.

In any case, the conventional termination must guarantee the public interest for which the corresponding authorization is required.

2. For the purposes set out in the preceding paragraph, the applicants or the body responsible for examining the proceedings may, at any time prior to the motion for a resolution, propose an agreement relating to the subject-matter of the authorization.

3. In the case of the conformity of the instructor and the applicants, the proposal shall be forwarded, in full, to the competent body to be resolved, who shall do so with the discretion.

4. Formalized, if applicable, the agreement, this will produce the same effects as the resolution of the procedure.

Single additional disposition. Procedures for authorisation in tax matters.

This Royal Decree will be of application to the procedures relating to authorizations that are dictated in tax matters.

Single transient arrangement. Transitional arrangements for procedures.

1. The procedures falling within the scope of this Royal Decree, which have been initiated prior to their entry into force, shall be governed by the above rules.

2. To the resolutions of the procedures falling within the scope of this Royal Decree, adopted after its entry into force, the system of resources laid down in Chapter II of Title VII of Law 30/1992 shall apply to them. of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Single repeal provision. Regulatory repeal.

The provisions of this Royal Decree shall be repealed or contradicted by any of the provisions of this Royal Decree.

Single end disposition. Entry into force.

This Royal Decree will enter into force on 27 August 1994.

Given in Palma de Mallorca to August 5, 1994.

JOHN CARLOS R.

The Minister for Public Administrations,

JERÓNIMO SAAVEDRA ACEVEDO

ANNEX

Procedures in which, pursuant to Article 4 (1) (a) of the Royal Decree, the lack of express resolution can be considered to be a de-estimate of the application:

A) Citizen security.

1. Authorisations regulated in the Arms Regulations approved by Royal Decree 137/1993 of 29 January.

2. Authorisations regulated in the Explosives Regulation approved by Royal Decree 2114/1978 of 2 March.

3. Authorizations governed by Law 23/1992, of July 30, of Private Security.

4. Authorisations provided for in the regulatory provisions for gambling.

5. Authorizations provided for in the Law on Traffic, Circulation of Vehicles to Motor and Road Safety, articulated text approved by Royal Legislative Decree 339/1990 of 2 March 1990, in Royal Decree 13/1992, of 17 January, approving the General Regulation of Circulation; in the Code of Circulation, approved by Decree of 25 September 1934, and in other provisions for its development or application.

Accreditation of foreign correspondents, regulated in Royal Decree 3882/1982, of December 29.

B) Stranger.

Visas and authorizations for entry, stay or stay, residence and work for foreigners, regulated in the Organic Law 7/1985, of July 1, on the rights and freedoms of foreigners in Spain, and their Rules of Procedure, with the exception of of those provided for in Royal Decree 766/1992 of 26 June 1992 on the entry and stay in Spain of nationals of Member States of the European Communities.

C) Health and public health.

1. Authorizations required for the manufacture, distribution, marketing, dispensing or sale of proprietary medicinal products and other medicinal products for human use, toothpaste and similar hygienic products, sterilized cotton and dressings, material Sterile medical-surgical instruments, reagents for the test of detection of markers of virus infection of the family in the human species, ostomy products and clinical implants and other products and articles health and, in general, in relation to products, activities and services which, because it affects the human being, may pose a risk to human health; the authorisation provided for in Article 7.1 of Royal Decree 349/88 of 15 April 1988 on the technical regulation of products Cosmetics; authorisations for the conduct of clinical trials with medicinal products, regulated in Royal Decree 561/1993 of 16 April, with the exception of those for which this rule establishes that silence may be considered as an estimate of the application; authorizations in the field of external health, provided for in Royal Decree 1418/1986, of 13 June; on health rules for the import or export of third countries, and on other rules of agreement or development and application.

2. Approval and registration of pesticides.

3. Accreditation of Centres and Teaching Units for the purpose of specialised health training in the field of State competence.

4. Authorisations for the manufacture and placing on the market of medicinal products for veterinary use; authorisation for the conduct of clinical trials on food-producing animals for human consumption.

5. Authorisations for the use and placing on the market of enzymes, micro-organisms and their preparations in animal nutrition.

6. Authorisations required in respect of the supervising staff, operator and Heads of the Radiological Protection Services of nuclear and radioactive installations; authorisations of Technical Units for Radiological Protection; required authorisations in relation to the personnel who lead or operate the X-ray facility for medical diagnosis purposes.

D) National Defense.

Authorizations governed by Law 8/1975, of zones and installations of interest to the National Defense; in Royal Decree 689/1978, of 10 February, for which its Regulation is approved, and in the other provisions for its development or application.

E) Economic and financial management.

1. Authorisations provided for in Law 33/1984 of 2 August on the Management of Private Insurance and its Regulation adopted by Royal Decree 1348/1985 of 1 August 1985 concerning insurance institutions.

2. Authorisations provided for in Article 26 and in the first and second provisions of Royal Decree 671/1992 of 2 July 1992 on foreign investment in Spain; investment authorisation in non-member countries of the Community European Economic, regulated in Article 19 (2) of Royal Decree 672/1992 of 2 July 1992 on Spanish investments abroad; the authorization of the exit of metallic coins, bank notes and bank cheques to the bearer in value exceeding 5,000,000 pesetas, as set out in Article 4 of Royal Decree 1816/1991, of 20 December December, on Economic Transactions with the Exterior, as amended by Royal Decree 42/1993 of 15 January; authorizations established under the provisions of Article 3 (1) and (2) of Royal Decree 1816/1991 of 20 December 1991, on Economic Transactions with the Exterior.

3. Authorizations governed by Law 8/1987 of 8 June of Regulation of the Pension Plans and Funds and their Regulations, approved by Royal Decree 1307/1988 of 30 September 1988, with the exception of those established in relation to the Current Plans and Pension Funds.

4. Authorizations provided for in the rules governing the State's monopoly on Tabacos and the distribution of the State's Timbre, with the exception of those laid down in Article 3 of Law 38/1985 of 22 November 1985, and in Article 13.1.a) of the Royal Decree 2738/1986 of 12 December.

5. Authorizations for the creation of Private Banks, Limited Operating Credit Entities, Savings Banks and Credit Unions; the authorization provided for in Article 45 (c) of the Banking Management Act; authorization to the creation of subsidiaries, the opening of branches and the installation of offices of representation of foreign credit institutions, including those of limited operational scope; authorization for the transformation into banks of other credit institutions; Authorisation for the adaptation of the Statute of Credit Unions provided for in the Transitional provision third of Royal Decree 84/1993 of 22 January, approving the Regulation of the Development of Law 13/1989 of 26 May, of Credit Cooperatives; divisions and mergers affecting the Credit Union; authorization for the conversion of Credit Cooperatives into another class of Cooperatives.

6. Authorizations established in Law 13/1992, June 1, of Own Resources and Supervision on Consolidated Base of Financial Entities, and their standards of development.

7. Authorisations which, in relation to the external trade in Defence Material and Double Use Material, are regulated in Royal Decree 824/1993 of 28 May 1993; authorizations relating to the external trade of the protected species referred to in Convention on International Trade in Endangered Species of Wild Fauna and Flora, made in Washington on 3 March 1973; import and export administrative authorisations; import and export licences; authorisations relating to inward and outward processing arrangements and temporary importation arrangements.

8. Authorisations laid down in the regulatory standards for sea fishing; exceptional fishing authorisations in marine reserves; authorisation for the exploitation of coral; authorisation of the installation of artificial reefs in external waters; authorisation of aquaculture facilities in public domain goods, in Ceuta and Melilla.

9. Authorisation of transfers of direct sale for sale to industries and vice versa, provided for in Article 11.3 of Royal Decree 324/1994 of 28 February 1994 laying down rules for the milk and milk and milk products sector regien of the additional fee.

10. Authorization of variations in the record book keeping of the Collegiate Trade Brokers.

11. Authorization for the creation of companies and funds of capital-risk, management companies of funds of Titling and Societies of mutual guarantee; registration of companies of Tasación in the Official Register; authorizations required in relation to foreign exchange establishments and transactions in the first provision of Royal Decree 1816/1991 of 20 December 1991 and in rules 2, 6.1 and 6.2 of the Circular of the Bank of Spain 8/1992 of 24 April.

12. Authorisations governed by Law 46/1984 of 26 December 1984 on the institutions of collective investment and on the rules for their development and implementation, with the exception of the authorization required by Article 4 of Royal Decree 1393/1990, of November, to exceed the investment limits set out in that precept.

13. Authorization for the initiation of negotiations and the signing of agreements aimed at obtaining foreign financing by public companies and private entities that require State guarantees; authorization of emissions and loans External toll road concessionaires of the national toll road concessionaires.

14. Authorisation of the operation of the entities for the management of intellectual property rights referred to in Title IV of Book III of Law 22/1987 of 11 November of Intellectual Property.

15. Authorisations laid down in Law 24/1988 of 28 July 1988 on the Stock Market and rules for their development and implementation, with the exception of the authorisations provided for in Articles 25 and 49 of Law No 24/1988 of 28 July 1988; Article 14 (2) of Royal Decree No 1814/1991 of 20 December 1991, Articles 68 and 71.2 of Royal Decree No 116/1992 of 14 February 1992 and Article 10 of the Ministerial Order of 12 December 1992, of 23 June 1989, of 23 June 1991, of the July 1993.

F) Transport and communications.

1. Authorization of the collaborating agencies of the Post and Telecommunications.

2. Authorisations governed by the legislation on the management of land transport.

3. Authorisations relating to air traffic and air traffic and air navigation, as provided for in Law 48/1960 of 21 July of Air Navigation, and provisions laid down for their development and implementation, as well as the authorisations for air navigation occupancy and use of spaces in airport enclosures.

4. Authorizations as laid down in Law 25/1988 of 29 July of Roads and provisions for the development of the same.

5. Authorizations provided for in Article 21 of Law 10/1988 of 3 May of Private Television; Law 35/1992 of 22 December 1992 of Television by Satellite and Royal Decree 3302/1981 of 18 December 1981 on transfer of Broadcast concessions.

6. Authorizations in the field of merchant marine as provided for in Law 27/1992, of 24 November, of Ports of the State and of the Merchant Navy, and other implementing rules.

G) Prison regime.

Authorizations for access to prison facilities to take part in any activities; authorization of volunteer programs in prison.

H) Labor and Social Security Relations.

1. Authorization of companies to collaborate voluntarily in the management of social security; authorization for the constitution, merger, absorption and dissolution of Mutual Work Accidents and Occupational Diseases of Social Security; authorisation for the replacement of the official registration book of the staff provided for in Article 19.4 of the Order of 28 December 1966 laying down rules for the application and development of the field of application; Membership, listing and collection on a voluntary basis in the General Social Security Scheme.

2. Authorization for the performance by minors of prohibited works to the same; approval of the business plans of work with asbestos; authorization of temporary work enterprises.

I) Academic titles and professional qualifications and qualifications.

Approval of foreign certificates of higher education and certificates of specialisation; type-approval and validation of foreign diplomas and studies of non-university education; recognition of diplomas, diplomas and diplomas certificates of professionals from the Member States of the European Union.

J) Public domain, waters, coasts and environment.

1. Authorisations for public domain governed by Chapter III of Title IV of the articulated text of the State Heritage Bases Act.

2. Authorizations provided for in Law 29/1985 of 2 August of Aguas, and provisions for the development thereof.

3. Authorisations provided for in Law 22/1988 of 28 July of the coast and provisions for the development thereof.

4. Authorisations for the import of toxic and dangerous waste, as provided for in Article 12 of Royal Decree 833/1988 of 20 July 1988 on the implementation of the Regulation on the implementation of the Law 20/1986 of 14 May on toxic waste and hazardous.

K) Mining and energy regime.

1. Authorizations provided for in Law 22/1973 of 21 July, of Mines, for the use of the resources of Sections A and B.

2. Authorisation of electrical installations, regulated by Decree 261/1966 of 20 October.

3. Authorisations provided for in Law 25/1964 of 9 April, in Law 15/1980 of 22 April, and other implementing and implementing rules concerning nuclear and radioactive installations and the transport of nuclear substances.

4. Authorizations required in respect of refineries and pipelines, regulated in Law 34/1992, of 22 December, of the Petroleum Sector Ordinance, and other concordant and development and application standards.

5. Authorisations required by Law 21/1974 of 27 June 1974 and its implementing and implementing rules for the investigation and exploitation of hydrocarbons.

6. Authorisations governed by Law 10/1987 of 15 June and consistent rules in relation to facilities and activities affected by the public service of the supply of gaseous fuels by channeling.