EXPLANATORY STATEMENT

The entry into force of Law 11/2007, of June 22, of Electronic Access of Citizens to Public Services, and of Royal Decree 1671/2009, of 6 November, for which the aforementioned Law is partially developed, has (a) the definitive recognition of the right of citizens to engage with public administrations by electronic means, and the consequent obligation of such authorities to provide systems that make it possible to ensure the exercise of this right.

In particular, in Title II, Chapter Third, of Law 11/2007, of June 22, of electronic access of citizens to public services, the regulation of registers, communications and notifications is established. electronic. The main novelty in this respect is the " new regulation of electronic registers, so that they can become an instrument that will be released from the current rigidity and serve for the presentation of any written or application to the Public Administrations. '

To this end, Article 24 of Law 11/2007, of 22 June, of electronic access of citizens to public services provides that the Public Administrations will create electronic records for the reception and referral of requests, writing and communications, and notes that records may allow for standard documents to be completed in accordance with pre-established formats, or any request, written or communication other than the above.

The aforementioned provision states that, in each public administration, there shall be at least one electronic registration system sufficient to receive all types of applications, written and communications addressed to that Administration. Public. In addition, for better service to citizens, public administrations, by means of collaboration agreements, can enable their registers to receive applications, written and communications from the competition of another. Administration.

The art. 25 of the same legal text as the provision for the creation of the Electronic Registry must be published in the Official Journal and that its full text must be available for consultation in the Electronic See of Access to the Registry Electronic. That provision shall also specify, in any event, the body or unit responsible for its management; the official date and time; and the days declared as being indefable for the purposes of calculating time limits.

On the other hand, Royal Decree 1671/2009 of 6 November 2009, for which the Law 11/2007, of 22 June, of electronic access of citizens to public services is partially developed, regulates this figure in its Title IV, Articles 26 to 31, determining their formula of creation and minimum content of the provision, functions, causes of rejection of the electronic documents presented, time of filing, as well as the causes of interruption of their reception. Such electronic registration shall automatically issue a receipt signed electronically with the specifications set out in the art. 30.3 of this development standard.

The Port Authority of the Bay of Cadiz, as a Public Administration of port public services, must therefore have an Electronic Register to facilitate the right of access by electronic means of the citizens, clients and companies to send all kinds of requests, written and generic communications that can be subsequently processed and managed by the Organization, considering the Electronic Registry as the essential element for interact electronically with the Public Administration so that they can be started administrative formalities with the same implications as the General Register of Entry/Conventional Exit, with the regulation of the general criteria for the electronic submission of applications, written and communications, the determination of the procedures and actions to which they apply, and with full respect for the rights of citizens recognised in the rules governing the matter. In the same way, it has been considered appropriate to regulate the system of electronic notifications, as well as the possibility of issuing electronic certificates with the same value as the certificate issued on paper, with the aim of Electronic Headquarters appearance as a way to perform the notification.

The Board of Directors of the Port Authority of the Bay of Cadiz, in its session of June 20, 2012, agreed to the creation and regulation of the Electronic Registry and Electronic Notifications of the Agency.

This Resolution has been informed, dated November 7, 2012, by the Ministry of Public Administration's Ministry of Electronic Administration, as required by article 4.3 of the Order of 4 of 4 March, which regulates the composition and functioning of the Commission.

Article 31.2.a) of the Royal Legislative Decree 2/2011 of 5 September, approving the recast of the Law of Ports of the State and the Merchant Navy, confers on the President of the Port Authority the function to permanently represent the Port Authority and its Board of Directors.

In its virtue, I resolve:

Article 1. Object and scope of application.

1. This Resolution aims at the creation of the Electronic Registry of the Port Authority of the Bay of Cadiz and the regulation of its operation for the reception and referral, by electronic means, of requests, writings, communications and the accompanying documents, in the field of the procedures included in this Resolution, in accordance with the provisions of Article 24 of Law 11/2007 of 22 June 2007 on the electronic access of citizens to public services, and on the Article 27 (1) of Royal Decree 1671/2009 of 6 November 2009, for which the Cited Law.

2. In accordance with the provisions of Article 28.a) of the aforementioned Development Regulation, the Electronic Registry of the Port Authority of the Bay of Cadiz will enable the reception and referral of applications, written and communications relating to procedures and procedures corresponding to the standard of creation, and the accompanying documents, as well as the issue with the receipts necessary to confirm the receipt in accordance with the terms provided for in Article 25 of Law 11/2007, June 22, electronic access for citizens to public services.

3. The scope of the Electronic Registry of the Port Authority of the Bay of Cadiz shall be enabled for the receipt of applications, written and communicated relating to procedures in which they are competent to resolve the organs of the Port Authority of the Bay of Cadiz. Those procedures and formalities shall be available on the website of the Electronic Registry, where an updated relationship of the same shall be provided.

4. The Electronic Registry of the Port Authority of the Bay of Cadiz will be fully integrated with the current General Register, so that all the records (entries and/or exits) that have originated in the registry will be consolidated in the latter. first.

5. The corporate email mailboxes assigned to the employees of the different Organizational Units of the Port Authority of the Bay of Cadiz will not have the condition of Electronic Registration. The electronic registration devices shall also not be considered to be electronic recording devices, except for those expressly provided for in the legal order.

Article 2. Competent bodies and responsibilities.

The management of the Electronic Registry corresponds to the Director of the Port Authority of the Bay of Cadiz, which can exercise it by delegation.

Article 3. Access to Electronic Registration and Identity Accreditation.

1. Access to the Electronic Registry of the Port Authority of the Bay of Cadiz will be available at the Electronic Headquarters of the same, https://sede.puertocadiz.gob.es as regulated in article 17.2 of the Law of Development of Law 11/2007, of 22 June, the electronic access of citizens to public services.

2. Applications, written and communications may be submitted to the electronic register by the interested parties or their representatives, in the terms defined in Articles 30 and following of Law 30/1992, of 26 November, of Legal Regime of the General Administration and the Common Administrative Procedure, in Article 23 of Law 11/2007, of 22 June, of electronic access of citizens to public services, and in Articles 13, 14 and 15 of Royal Decree 1671/2009, of November 6, for which the aforementioned Law is partially developed.

3. The identification of the citizen submitting documents to the Electronic Registry and the signature of the data and the documents provided shall be made by the use of the national electronic identity document or any of the certificates electronic recognized and admitted by the General Administration of the State, which will be clearly specified in the Electronic Headquarters of the Port Authority of the Bay of Cadiz.

Article 4. Electronic Registry functions.

The Electronic Registry of the Port Authority of the Bay of Cadiz will develop the following functions:

(a) The receipt of requests, writings and communications submitted by natural or legal persons corresponding to the services, procedures and formalities specified in the Annex to this Resolution.

b) The admission of additional documentation to the applications, writings and communications previously entered in the Electronic Register in the form mentioned in the previous paragraph.

c) The acceptance of any application, written and communication other than those mentioned in the preceding paragraphs, with the scope set out in Article 24.2.b) of Law 11/2007, of June 22, of electronic access of the public services.

d) The rejection of the electronic documents found in any of the circumstances provided for in Article 29 of Royal Decree 1671/2009 of 6 November 2009, for which the aforementioned Law is partially developed.

e) The constancy and certification in the cases of litigation, discrepancy or doubts about the receipt or remission of requests, writings and communications as provided for in Article 28.d of Royal Decree 1671/2009 of 6 November 2009, in which the aforementioned Law is partially developed.

f) The submission of applications, writing and communications through the interactive completion of the available forms.

g) The annotation of the corresponding entry and exit seats in the General Register, in accordance with the provisions of this Resolution.

h) The issue of the receipt of the receipt of the applications, written and communications submitted by the interested parties, which shall be automatically generated.

i) The remission of the data that corresponds in each case to the computer system where the resolution of the procedure or procedure that is the object of the application is to be performed.

j) The maintenance and preservation of an official computer file of the entry and exit seats.

k) The practice of Electronic Notifications.

l) Other than legal or regulatory attributes.

Article 5. Presentation of documents in the Electronic Registry.

1. The electronic register shall allow the submission of applications, written and communications every day of the year, during the 24 hours of the day, without prejudice to the technical or operational maintenance interruptions referred to in this Regulation. Article 30 (2) of Royal Decree 1671/2009 of 6 November 2009, which partially develops Law 11/2007 of 22 June 2009 on the electronic access of citizens to public services, and which will be announced as soon as possible at the Electronic Headquarters. Where, as a result of unplanned interruptions preventing the submission of applications, letters and communications, it is not possible to make the announcement in advance, it shall be acted in accordance with Article 30.2 of the said Royal Decree, to which effect, provided that a legal standard does not expressly prevent it, the extension of the deadlines of imminent expiration, of which it will be recorded in the Electronic Headquarters, shall be made available for the necessary time.

2. The means of submission of supplementary documentation at the request, written or previously presented in the Electronic Register, shall be made from the same access to the Electronic Registry of the Port Authority of the Bay of Cadiz.

3. The Electronic Registry may refuse electronic documents in any of the circumstances provided for in Article 29 of Royal Decree 1671/2009 of 6 November 2009, for which the Law 11/2007, of 22 May, is partially developed. June, electronic access of citizens to public services.

4. The submission of applications, writings and communications in the Electronic Register shall be voluntary, except as provided for in Article 27.6 of Law 11/2007 of 22 June of the European Parliament and of the Council of the European Union on electronic access to public services, and have the same effects as those made by the other means admitted to the right, being able to prove the same by the receipt issued.

5. Where a presentation is attempted in the Electronic Register that does not meet the required requirements or technical anomalies are detected in the electronic transmission of the documents, the system shall not be in any seat on the entry register; and shall inform the presenter of such circumstance by means of the corresponding error messages, which shall be submitted at another time or by other means.

6. The documents, requests and communications received in the Electronic Registry shall be recorded and consolidated in the General Register in accordance with the temporary order of receipt.

Article 6. Official date and time. Calendar. Computation of deadlines.

1. In accordance with Article 26.1 of Law 11/2007, of June 22, of Electronic Access of Citizens to Public Services, the date and time to compute in the log of the Electronic Registry shall be the official of the Headquarters Electronic access, the precise measures must be taken to ensure their integrity and to be always visible.

2. Pursuant to Article 48.7 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, the calendar of working days for the purposes of the Electronic Registry will be the one that results of the respective Resolutions published each year by the General Administration of the State, in the Official Gazette of the State, and by the Administration of the Autonomous Community of Andalusia, in the Official Journal of the Community, which, subject to the official working calendar, shall, in their respective field, set the calendar of working days to the effects of time-limits. The calendar approved by the Autonomous Community of Andalusia will comprise the working days in the city of Cadiz.

3. The Electronic Headquarters of the Port Authority of the Bay of Cadiz shall have on the Electronic Registry, before the beginning of each year, the calendar of indefable days determined in accordance with the previous paragraph. In any case, the provisions of art shall not apply to the electronic register. 48.5 of the required Law 30/1992 of 26 November.

4. Electronic Notifications shall not be made on a day considered to be indeft.

5. The calculation of time limits shall be carried out in accordance with Article 26 (3), (4) and (5) of Law 11/2007 of 22 June 2007 on the electronic access of citizens to public services. The start of time counting will be determined by the date and time of entry in the recipient's Electronic Record.

Article 7. Acknowledgement of the Electronic Record.

1. The Electronic Registry of the Port Authority of the Bay of Cadiz shall automatically issue by the same means an electronic receipt signed by one of the signature systems provided for in Article 18 of Law 11/2007, of June 22, of electronic access of citizens to public services, with the content set out in Article 30.3 of Royal Decree 1671/2009 of 6 November 2009, for which the aforementioned Law is partially developed.

2. The acknowledgement of receipt shall indicate that it does not prejudge the final admission of the document when one of the reasons for rejection contained in Article 29.1 of the Regulation of Development of Law 11/2007, of 22 June, of electronic access is present. of citizens to public services.

3. The receipt shall record the presentation, but shall not involve the beginning of the calculation of time limits for the remaining effects, which shall occur when it has entered the General Register of the body responsible for processing.

Article 8. Electronic Signature.

The electronic signature systems that are detailed in the Electronic Register of Access to the Electronic Registry will be accepted, in accordance with the provisions of article 10 of Royal Decree 1671/2009 of 6 November 2009, partially develops Law 11/2007, of June 22, of electronic access of citizens to public services.

Article 9. Interoperability and Security.

The Electronic Registry shall have adequate organisational and technical means to ensure the interoperability and safety of the Electronic Register in accordance with the provisions of Royal Decree 3/2010 of 8 January 2010, the National Security Scheme is regulated, and in Royal Decree 4/2010 of 8 January, for which the National Interoperability Scheme is regulated.

Article 10. Accessibility.

The design of the Electronic Registry will observe the accessibility requirements provided for in Royal Decree 1494/2007 of 12 November, as amended by Royal Decree 1276 of 16 September, adapting regulations to the Convention International on the Rights of Persons with Disabilities, by which the Regulation on the basic conditions for the access of persons with disabilities to technologies, products, and services related to the Society of Information and social media.

Article 11. Electronic Notifications.

1. The Port Authority of the Bay of Cadiz may, in general, enable systems to make notifications using electronic means in accordance with the provisions of this Resolution.

2. Electronic notifications are authentic electronic documents validated by the Port Authority itself, without prejudice to electronic signatures which may, where appropriate, be incorporated in the documents annexed thereto.

Article 12. Data Protection File.

In compliance with the provisions of Article 20 of the Organic Law 15/1999 of 13 December on the Protection of Personal Data, the personal data contained in the Electronic Register are integrated into the "Management and Tracking of Expedents", and whose ownership corresponds to the Port Authority of the Bay of Cadiz.

Article 13. Responsibility.

Users take sole responsibility for the custody of the elements necessary for their authentication in the access to the services provided by Electronic Administration, as well as the consequences which may be derived from improper, incorrect or negligent use thereof. It will also be the responsibility of the user to ensure the proper custody and handling of the files that are returned to him by the Electronic Registry, either as an acknowledgement of receipt or as an Electronic Notification.

Additional disposition first. Promotion of the Electronic Administration.

The Port Authority of the Bay of Cadiz will carry out actions aimed at encouraging citizens, companies and entities to use the techniques of Electronic Management in relation to the Authority itself Port.

Additional provision second. Operation of the Electronic Registry.

The Electronic Registration of the Port Authority of the Bay of Cadiz shall be put into operation within three months of the entry into force of this Resolution.

Additional provision third. Enabling Development.

1. The Director of the Port Authority of the Bay of Cadiz is empowered to adapt the Electronic Register to the applicable regulations and to modify the contents of the Annex of this Resolution, with the powers to include or to discharge, within the scope of the same, procedures, formalities and communications with access to the Electronic Register.

2. The Director of the Port Authority of the Bay of Cadiz is also empowered to approve new standard and pre-printed models with which to make the exercise of rights, actions and communications effective.

3. In any case, the inclusion of new procedures within the scope of competence of the Port Authority of the Bay of Cadiz and the establishment of other standard models or the modification of the current ones, will be published in the Web Portal Organism and its Electronic Headquarters.

Additional provision fourth. General Guarantees.

The provision of services and legal relations through telecommunications networks will be developed in accordance with the provisions of Law 15/1999, Organic Protection of Personal Data and the specific provisions governing the processing of information, intellectual property and the services of the information society.

Additional provision fifth. Creation of the Technical Commission for the implementation of the Electronic Registry.

A Technical Commission will be created for the implementation and development of the Electronic Registry, in order to promote and coordinate the various Organizational Units of the Port Authority of the Bay of Cadiz and, in particular, for the supervision of electronic procedures and procedures. This commission will be appointed by the Presidency, as part of the Presidency, in addition to the service that may be affected, representatives of the Department of Legal Affairs and the Secretariat and the Information Service.

Final disposition. Entry into force.

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

Cadiz, December 5, 2012. -President of the Port Authority of the Bay of Cadiz, Rafael Barra Sanz.

ANNEX

Procedures included in the scope of the Electronic Registry

The procedures that can be initially processed through the Electronic Registry of the Port Authority of the Bay of Cadiz are:

● General Purpose Procedure.

● Operational Services Procedure.

● Complaints and Suggestions.