Advanced Search

Resolution Of 24 July 2015, Of The Institute For The Diversification And Saving Of Energy, Which Is Published The Resolution Of 30 June 2015, Of The Board Of Directors, Which Creates The Electronic Record Of The Entity.

Original Language Title: Resolución de 24 de julio de 2015, del Instituto para la Diversificación y Ahorro de la Energía, por la que se publica la Resolución de 30 de junio de 2015, del Consejo de Administración, por la que se crea el registro electrónico de la entidad.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

For the purposes of giving publicity to the Board of Directors of the Institute for Energy Diversification and Savings of 30 June 2015, for which the electronic register of the institution is created, and According to Article 7.7 of the Statute of the Institute for the Diversification and Saving of Energy (IDAE) approved by Royal Decree 18/2014 of 17 January, the publication is ordered in the "Official Gazette of the State". Resolution whose text is inserted below.

Madrid, July 24, 2015. -Secretary of State for Energy and President of the Institute for Energy Diversification and Savings, Alberto Nadal Belda.

Resolution of June 30, 2015, of the Board of Directors of the Institute for Diversification and Energy Saving (IDAE) by which the electronic record of the entity is created.

Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, urges the Public Administrations to promote the use and application of electronic means, computer and telematics in the development of their activity and in the exercise of their competences.

Law 11/2007, of 22 June, of electronic access of citizens to Public Services, in its Articles 24, 25, and 26, establishes the obligation to create electronic records for the reception and its remission of requests, writing and communications. In turn, Royal Decree 1671/2009 of 6 November 2009, for which Law 11/2007 is partially developed, of 22 June, provides for the mandate to have an electronic registration service in respect of public bodies dependent on the General administration of the State, with the creation of the same through resolution of the holder of the agency.

Likewise, the aforementioned Royal Decree establishes the minimum content of the resolution of the creation of the registers, defining the functions to be performed by the same and the regime of receipt of requests, writings and communications.

Articles 5.1.a and 5.1.b of Royal Decree 18/2014 of 17 January, approving the Statute of the Institute for the Diversification and Saving of Energy (IDAE), confer on the President of the Institute for the Diversification and Energy Saving the functions of holding the highest representation of the Institute and of ensuring compliance with the agreements adopted by the Board of Directors.

This Resolution has been informed to the Ministry of Industry, Energy and Tourism's Ministerial Committee on Digital Management.

On the other hand, article 7.7 of Royal Decree 18/2014 of 17 January, approving the Statute of the Institute for the Diversification and Saving of Energy (IDAE), establishes that it is for the President of the IDAE to order, by resolution, the publication in the "Official Gazette of the State" of the agreements adopted by the Board of Directors, which by its nature will require it,

In its virtue, this Board of Directors resolves:

Article 1. Object and scope of application.

This resolution aims at the creation and regulation of the electronic register of the Institute for Diversification and Energy Saving (IDAE), for the reception, referral and processing of applications, written and communications to be submitted and issued by electronic means as provided for in Article 24 of Law 11/2007 of 22 June 2007 on the electronic access of citizens to public services, and in Article 27.1 of Royal Decree 1671/2009, of November 6, for which the Law 11/2007, of 22 June, of access is partially developed Citizens ' electronic services to public services.

It also sets out the requirements and operating conditions for such registration with respect to the procedures and procedures within its scope.

Article 2. Email address. Requirements for your access and use.

1. Access to the electronic register will be made through the electronic headquarters of the IDAE, in the address: https://sede.idae.gob.es, either directly or through the link to that electronic headquarters located on the portal http://www.idae.es.

2. In no case shall the IDAE electronic register be considered to be the corporate email mailboxes assigned to the employees or to the various units and organs, nor to the fax reception devices, except for those cases. provided for in the legal order, as set out in Articles 27.3 and 27.4 of Royal Decree 1671/2009 of 6 November 2009.

3. Under the terms of Article 37 of Law 11/2007 of 22 June, it will be possible to monitor and consult the procedures processed electronically through their electronic headquarters after the safe identification of the interested.

4. The minimum technical requirements necessary for the access and use of electronic registration are available through the catalogue of services of the IDAE of its electronic headquarters.

Article 3. Responsibilities and competent bodies.

1. The management of the electronic register corresponds to the IDAE, which will exercise it through the Directorate General. Technological management will be the responsibility of the Administrative Economic Directorate through the Department of Informatics.

2. In no case will the IDAE be responsible for the fraudulent use that users of the system can make of the services provided by electronic administration. For these purposes, those users assume, on an exclusive basis, the responsibility of the custody of the elements necessary for their authentication in the access to these services, the establishment of the precise connection and the use of the signature electronic, as well as any consequences that may arise from improper, improper or negligent use of the same. 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 register as an acknowledgement of receipt.

Article 4. Days and hours of operation, official date and time, calendar of non-working days, and time limits.

1. The electronic register shall allow the submission of applications, letters and communications referred to in Article 1 of this resolution for 24 hours every day of the year, without prejudice to the interruptions provided for in this Article. Article 30 (2) of Royal Decree 1671/2009 of 6 November 2009, where justified reasons for technical or operational maintenance, which shall be reported in the register itself and in the electronic seat, are provided.

2. For the purposes of electronic registration, the electronic seat shall show:

(a) The calendar of business days, which shall be published in the electronic headquarters of the IDAE, shall be used for the purposes of calculating time limits in that entity.

b) The official date and time, which will be the date and time of the transaction in the electronic register and whose timing will be performed in accordance with the provisions of article 15 of the Royal Decree 4/2010, of January 8, by the the National Interoperability Scheme is approved.

3. Taking into account the territorial scope for which the IDAE exercises its powers, the calendar of the indefable days of its electronic registration shall be determined, for each year, in the resolution published in the "Official State Gazette" by the Ministry of Finance and Public Administrations, for which the calendar of business days, for the purposes of calculating deadlines, is established in the General Administration of the State.

4. 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. For these purposes the registration will be governed by the official Spanish date and time, corresponding to the Peninsula, Ceuta, Melilla and the Balearic archipelago. This shall also apply to those who access the electronic register from any territory with a timetable other than the official timetable.

Article 5. The voluntary nature of electronic presentation.

The submission of applications, writing and communications by electronic registration shall be voluntary, except as provided for in Article 27.6 of Law 11/2007 of 22 June, as an alternative to the presentation in the places referred to in Article 38.4 of Law No 30/1992 of 26 November 1992 on the legal status of public administrations and the common administrative procedure.

Article 6. Identity accreditation.

1. Applications, written and communications may be submitted to the electronic register by the persons concerned, in the terms defined in Articles 30 and following of Law 30/1992, of November 26, and in Article 23 of Law 11/2007, of 22 June, and Articles 13, 14 and 15 of Royal Decree 1671/2009 of 6 November 2009.

2. The identification of the citizen submitting documents to the electronic register and the signature of the data and documents provided shall be made by the use of the national electronic identity document or any of the certificates recognised in the "Trusted List of Certification Service Providers" (TSL) established in Spain, published in the electronic headquarters of the Ministry of Industry, Energy and Tourism.

3. The electronic seat shall contain the list of procedures that may be initiated using the agreed keys as an alternative identification mechanism to the electronic certificate, as provided for in Article 13.2.c) of Law 11/2007, of 22 June.

Article 7. Eligible documents.

1. The electronic register will support:

(a) Applications, writings and communications submitted by natural or legal persons corresponding to the services, procedures and formalities that are available through the catalogue of services of the IDAE of its headquarters electronic.

The electronic register shall include the updated relationship of the services, procedures and formalities that are available through electronic headquarters and shall give access to the standard electronic forms corresponding.

b) Additional documentation for applications, written and communications, previously entered in the electronic register in the form referred to in the previous paragraph.

(c) Any application, written or communication other than those referred to in the preceding letters, with the scope laid down in Article 24.2.b) of Law 11/2007, of 22 June.

Electronic records may be rejected by electronic documents in any of the circumstances provided for in Article 29 of Royal Decree 1671/2009 of 6 November 2009.

2. Documents must necessarily be submitted by means of the interactive completion of the forms available in the electronic register. Such forms may include data and accompanying documents. The documents must meet the updated technical requirements that will be accessible in the electronic headquarters of IDAE, and will include at least the relationship of digital certificates supported, the relationship of supported browsers and the supported document formats, as well as any other technical requirements required for user access.

Article 8. Proof of the presentation.

Upon receipt of an application, written, communication or additional documentation, the electronic record shall automatically issue a receipt signed electronically, with the content set out in Article 30.3 of the Royal Decree 1671/2009 of 6 November.

Article 9. Electronic signature.

Electronic signature systems shall be permitted in accordance with Article 10 of Royal Decree 1671/2009 of 6 November 2009, which refers to Article 13.2.b) of Law 11/2007 of 22 June, as amended by Law 15/2014, of 16 September, of rationalisation of the Public Sector and other measures of administrative reform.

Article 10. Interoperability and security.

The electronic register 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 and Royal Decree 4/2010 of 8 January, which regulates the National Interoperability Scheme, is regulated.

Article 11. Accessibility.

The design of the electronic register provides for the accessibility requirements provided for in Royal Decree 1276/2011 of 16 September 2011, adapting regulations to the International Convention on the Rights of Persons with disability.

Final disposition first. Enable the Director General.

The Director-General of the IDAE is empowered to adapt the electronic register to the rules applicable at any time and to modify the catalogue of services, procedures and procedures available through with a power to include or discharge, within the scope of the electronic seat, procedures, formalities and communications with access to the electronic register.

Final disposition second. Date of effect.

This provision shall take effect on the day following that of its publication, by resolution of the Secretary of State of Energy and Chairman of the IDAE, in the "Official State Gazette".