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Resolution Of 30 March 1999, The Directorate General Of The General Treasury Of The Social Security, Establishing The Terms And Other Conditions Of Joining The System For Electronic Data Remission Established By The Pro ...

Original Language Title: Resolución de 30 de marzo de 1999, de la Dirección General de la Tesorería General de la Seguridad Social, por la que se establecen los plazos y demás condiciones de incorporación al Sistema de Remisión Electrónica de Datos por parte de los pro...

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TEXT

The Electronic Data Remission System (RED), established as a consequence of the Order of 3 April 1995, on the use of electronic, computer and telematic means in relation to the registration of companies, affiliation, In the case of the social security system, there has been a clear improvement in the management entrusted to the General Social Security Treasury, which advises the gradual implementation of the social security system. in respect of undertakings and other subjects responsible for the fulfilment of the obligation to list, as well as the professional and other persons acting on their behalf.

Thus, the number 2 of the additional provision of the Order of 26 January 1998, which developed the rules on social security contributions contained in Law 65/1997 of 30 December 1997 on the general budget of the European Union. State for 1998, it established the obligation to join the Network of Social Undergraduates who provide their services to Mutual Accidents of Work and Occupational Diseases of Social Security in administrative procedures; in development of this provision, this Directorate-General fixed the deadlines and conditions of the incorporation and effective use of such a system by those through Resolution of 15 April 1998 ("Official State Gazette" of 24).

For its part, the additional provision, sixth, of the General Regulation on the Collection of Resources of the Social Security System, approved by Royal Decree 1637/1995 of 6 October, in the wording given to it by the Royal Decree 2032/1998 of 25 September 1998 lays down, as a general rule in issue No 1, that professional and other persons who in the course of their business are to complete and submit quotation documents on behalf of the subjects responsible for compliance with the obligation to list must be incorporated into the RED system in the time limits and other conditions laid down by this General Social Security Treasury.

As to the above and in use of the powers conferred on it by the additional provision of the said General Rules of Collection and the final provision of the Order of 3 April 1995, this Directorate-General has resolved to issue the following instructions:

First. Deadlines for applying for incorporation into the RED System.

1. Professional and other persons, natural or legal, as referred to in No 1 of the sixth additional provision of the General Rules for the Collection of Social Security System Resources which are to be carried out by activity and not have been incorporated into the RED System, they will have to request their incorporation within six months after the date of entry into force of this Resolution, as well as to make effective use of the System from the date indicated in the relevant authorisation.

2. The professional and other persons referred to in this Resolution who initiate their provision of services after the date of entry into force of this Resolution shall request their incorporation into the RED System within twelve months. following the date of commencement of their activity and making effective use of the activity as of the date indicated in the relevant authorisation.

3. The time limits laid down in the preceding paragraphs may be extended on an exceptional basis by this Directorate-General of the General Treasury of Social Security, with special circumstances duly accredited.

Second. Conditions for incorporation and use of the System.

1. The professional and the other persons referred to in the previous instruction must use the RED System using the electronic data exchange mode, not being able to choose the same through support It is also subject to the other conditions laid down in the relevant authorization granted by this Directorate-General of the General Treasury of Social Security.

2. The aforementioned authorization, subject to the conditions to which applicants for the incorporation and use of the RED System are submitted, will be formalized in a document that the General Treasury of Social Security will provide to those in accordance with Annex IV-B of the Resolution of this Directorate-General of 23 May 1995 ("Official State Gazette" of 7 June 1995), in the case of collegiate professionals, and the Annex to this Resolution for the other persons referred to therein.

This authorisation shall be referred to the undertakings from which the applicants are represented, accredited in accordance with the terms laid down in Article 32 of Law No 30/1992 of 26 November 1992 on the legal framework of the Public administrations and the Common Administrative Procedure.

3. In addition to the specific conditions set out in this Resolution, the professional and other persons to whom the same refers must also comply with the general conditions laid down in the Order of 3 April 1995 on the use of electronic, computer and telematic means in relation to the registration of companies, affiliation, high and low workers, contribution and collection in the field of social security, as well as in the resolution of this Directorate General In its development of 23 May 1995, cited above, or in the rules which in the future the substitute.

Third. Effects of incorporation into the RED System.

1. The incorporation into the RED System within the deadlines and conditions outlined in the above instructions will be decisive for the perception of the consideration set out in the fourth additional provision of the Regulation on Collaboration of the Mutual Association of Accidents of Work and Occupational Diseases of Social Security, approved by Royal Decree 1993/1995 of 7 December 1995, in the terms indicated in number 2 of the additional sixth provision of the General Rules of Collection of the Resources of the Social Security System and other implementing provisions and development.

2. The General Treasury of Social Security shall provide to the Association of Mutual Accidents of Work and Occupational Diseases of the Social Security the information necessary for the fulfilment of the provisions of this Resolution, giving transfer of this information to the Directorate-General for the Management of Social Security for appropriate purposes.

Fourth. Entry into force.

The provisions of this Resolution shall enter into force on the day following that of its publication in the "Official Gazette of the State", with the Resolution of this Directorate-General of 15 April 1998 having been without effect since then. the conditions for the application of the Electronic Data Emission System for the Social Undergraduates are set.

Madrid, 30 March 1999.-The Director General, Julio Gómez-Pomar Rodríguez.

ANNEX

Authorization document. Electronic data exchange

(To be used for people acting on behalf of companies, other than collegiate professionals)

This General Social Security Treasury, in the light of its application for authorization and in accordance with the provisions of the additional provisions of the General Rules for the Collection of Resources of the System of the Social security, adopted by Royal Decree 1637/1995 of 6 October (Official Gazette of the State of 24), as well as in the Resolution of its Directorate-General of 30 March 1999 laying down the time limits and other conditions for incorporation into the Electronic Data Broadcasting System by the collegiate professionals and other persons who act on behalf of the subjects responsible for the compliance with the obligation to list ("Official State Gazette" of ..........)

RESOLVES

Authorize don/dona ..................................., with tax identification number (NIF) ...................., in his or her own name or as legal representative of ..................................., with identification number Tax (NIF) .................... and Social Security Membership Number (NAF) ...................., acting on behalf and representation of the companies and trading account codes it manages, to make use of the transmission system telematics for the communication to the General Treasury of the Social Security of the data relating to the nominal relationships of workers, as well as to high, low and variations of worker data.

This authorization assumes acceptance of the following clauses:

1. The conditions under which the telematic transmission of the data relating to high, low and variations of worker data, as well as the data corresponding to the process of sending the nominal ratio of workers, are known and accepted. workers.

2. The sending of the data of the nominal relation of workers is mandatory to have access to the transmission/reception of the corresponding to the high, low and variations of data of workers.

The system of computer validations is a security element for performing certain checks on the data that will be accepted "except good end".

3. The holder of this authorization shall ensure the protection of the data of the employees of the undertaking or undertakings it manages subject to the laws and in particular to the Organic Law 5/1992 of 29 October ("Official State Gazette"). 31), for the regulation of automated processing of personal data, and its implementing and development provisions.

4. This authorization is referred to the companies and codes of account of these companies of which he/the holder of the same holds the representation and that they are accredited to the General Treasury of the Social Security.

By writing, fax or e-mail, the holder of the authorization is obliged to notify the casualties.

5. The failure to submit, for two successive months, the data on the nominal relations of workers corresponding to the trading accounts included in this electronic transfer system may result in the absence of the authorisation for such Quotation accounts.

6. The resolution of the conflicts and discrepancies that may arise when attempting to incorporate into this System a code of account of quotation that already appears included in another previous authorization of this General Treasury, will be carried out directly by the parties involved in the conflict, with discretionary intervention by the General Treasury of Social Security and taking into account, as the main criterion, that of the date of granting of the representation document.

7 .............................. (1) .............................. receives authorization number .........., date .............

In order to identify the system operator in each specific transaction that is carried out using telematic methods, a public personal key is granted, called the SILCON key, and another private or "pass-word" key, freely modifiable by the operator. Both shall be notified to the holder of the authorisation at the time of receipt of this authorisation document. In addition, the holder of the authorisation shall communicate any change in the operator of the system.

To authorize other persons as system operators, the operator must submit a nominal relationship of the same, committing to keep the initial and successive relationships updated. Both must contain the following data:

a) From the authorization holder:

Authorization number.

Last name and name or social reason of the holder of the authorization.

Last name and name of the legal representative of the holder of the authorization, if applicable.

NIF.

NAF of Social Security.

b) Of system users:

Last name and name.

NIF, NAF of Social Security.

Request Type: High/Low.

8. In relation to the above keys, the holder of the authorization shall place his utmost zeal in the confidentiality of the same and in his correct use in giving the movements of management of high, low, variations of data of workers and consultations. In another case, responsibilities of any kind that may have been incurred by such non-compliances shall be required, through the procedures that correspond to each case.

9. The computer system of Social Security will put on record, through the previous keys, of each and every one of the computer transactions made.

10. Inactivity in the full use of telematic procedures for six months may be the cause of the cancellation of this authorisation.

11. The authorization contained in this document exempts the company from filing the TC-2 document with the collection office where it makes the entry of the quotations, in the terms indicated in the second provision of the Order of 3 April 1995 ("Official State Gazette" of 7).

12. .............................. (1) is authorized to certify with stamp and signature that the printed documents correspond to the original sent and that the appropriate control and contrast data of the General Treasury of the Social security in order to have the necessary effects on third parties.

13. The notifications which the General Treasury of the Social Security carries out to the holder of the present authorization, relating to undertakings or obliged subjects whose management is carried by that/that one, shall have the same effects as if they had been made directly to the undertaking or subject under consideration.

14. This authorization shall take effect from the 1st of the month .................... of .........., the authorized to make effective use of the system RED from the ............................... The validity of the authorization is subject to compliance with the general conditions laid down in Order 3 April 1995 and in the Resolution of 23 May 1995, of the General Directorate of the General Treasury of Social Security, that develops it.

Against this Resolution, which puts an end to the administrative route, it may be possible to appeal to the Administrative Court of the Administrative-Administrative Court within two months, counted from the day following that of its notification, in accordance with the provisions of Articles 9 (c), 25.1 and 46.1 of Law 29/1998 of 13 July, regulating the Administrative-Administrative Jurisdiction ("Official State Gazette" of 14), and 3 of the Order of 3 April 1995 in conjunction with Article 3.3 of Royal Decree 1778/1994 of 5 August 1994 (Bulletin Officer of the State " of 20).

En ...................., a ..... de .......... de ..........

THE CEO,

P. D. (Article 16 Law 30/1992, "Official State Gazette" of 27 November)

EL/LA,

Fdo.:

___________________

(1) Name or social reason of the holder of the authorization.