Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-9268
To them effects of give advertising to it resolution of the Council of administration of the Institute for the diversification and saving of the energy of 30 of June of 2015, by which is creates the record electronic of the entity, and of conformity with it planned in the article 7.7 of the Statute of the Institute for the diversification and saving of it energy (IDAE) approved by Real Decree 18 / 2014 from January 17, the publication in the «Official Gazette» of this resolution, whose text is inserted below is ordered.
Madrid, 24 of July of 2015.-the Secretary of State of energy and President of the Institute for the diversification and saving of the energy, Alberto Nadal Belda.
Resolution of 30 June 2015, of the Council of administration of the Institute for the diversification and saving of energy (IDAE) by which the electronic record of the entity is created.
The law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, urges public authorities to promote the use and application of the electronic, informatic and telematic means in the development of its activity and in the exercise of its powers.
The law 11 / 2007, of 22 of June, of access electronic of them citizens to them services public, in its articles 24, 25, and 26, sets the mandatory of create records electronic for the reception and its remission of requests, written and communications. At the same time, the Royal Decree 1671 / 2009, dated November 6, which develops law 11/2007, of 22 June, partially establishes the mandate of having a service of electronic record with respect to the dependent of the General Administration of the State agencies, and materialize the creation thereof through resolution of the owner of the Agency.
The Royal Decree also sets the minimum content of the resolution creating the records, defining the functions to be performed by them and the rule of receipt of requests, writings and communications.
The articles 5.1.) and 5.1. b) of Royal Decree 18/2014, 17 January, which approves the Statute of the Institute for the diversification and saving of energy (IDAE), confer on the President of the Institute for the diversification and saving of energy functions to represent higher Institute and to ensure compliance with the agreements adopted by the Board of Directors.
This resolution has been informed to the Ministerial Committee on Digital administration of the Ministry of industry, energy and tourism.
On the other hand, article 7.7 of the Royal Decree 18/2014, January 17, which approves the Statute of the Institute for the diversification and saving of energy (IDAE), establishes that it corresponds to the President of the IDAE ordering, by means of resolution, the publication in the «Official Gazette» of those resolutions adopted by the Board of Directors, that by their nature they require it , By virtue of, this Board of Directors resolves: article 1. Object and scope of application.
This resolution aims to the creation and regulation of the electronic registry of the Institute for the diversification and saving of energy (IDAE), for reception, referral, and processing the applications, written communications that are submitted and sent electronically as provided for in article 24 of the law 11/2007, of 22 June, electronic access of citizens to public services , and in the article 27.1 of the Real Decree 1671 / 2009, of 6 of November, by which is developed partially the law 11 / 2007, of 22 of June, of access electronic of them citizens to them services public.
Also sets them requirements and conditions of operation of said record with regard to them procedures and procedures included in its scope of application.
Article 2. Address of the register electronic. Requirements for its access and use.
1. the access to the record electronic is held through the headquarters electronic of the IDAE, in the address: https://sede.idae.gob.es, well directly or through the link to that Headquarters electronic that is found in the portal http://www.idae.es.
2. in no case will have the consideration of record electronic of the IDAE them mailboxes of mail electronic corporate assigned to them employees or to the different units and organs, or them devices of reception of fax, except those alleged planned in the ordering legal, as determine them articles 27.3 and 27.4 of the Real Decree 1671 / 2009, of 6 of November.
3. in the terms provided for in article 37 of law 11/2007, of 22 June, the follow-up and consultation procedures processed electronically through electronic based upon the secure identification of stakeholders will be possible.
4. the minimum technical requirements for access to and use of the electronic register is available through the catalog of the IDAE of electronic based services.
Article 3. Responsibilities and relevant bodies.
1. the management of the electronic register corresponds to the IDAE, who shall exercise it through the Directorate. The technology management will be economic management through the Department of computer science.
2. in no case the IDAE will be responsible for the fraudulent use that system users may make of the services offered by eGovernment. To these effects, such users assume with character exclusive it responsibility of it custody of them elements necessary for its authentication in the access to these services, the establishment of the connection accurate and the use of it signature electronic, as well as of them consequences that could derive is of the use abuse, incorrect or negligent of them same. Also will be responsibility of the user the proper custody and handling of them files that you are returned by the record electronic as acknowledgement of receipt.
Article 4. Days and hours of operation, date and hour official, calendar of days disabled and computation of deadlines.
1. the register electronic will allow the presentation of requests, written and communications to which is concerns the article 1 of this resolution during them twenty-four hours of all them days of the year, without prejudice of them interruptions planned in the article 30.2 of the Real Decree 1671 / 2009, of 6 of November, when are reasons justified of maintenance technical u operating which will be reported in the record itself and in the electronic office.
2 a effects that apply in relation to the electronic record, the electronic office will show: to) the calendar of non-working days, which will be published in the electronic headquartes of the IDAE, will be used for the purpose of computation of time limits in that entity.
(b) the date and exact time, which will be the record date and time of the transaction in the electronic register and the synchronization is performed according to the provisions of article 15 of the Royal Decree 4/2010 of 8 January, which approves the national interoperability scheme.
3. taking present the field territorial on which exerts its powers the IDAE, the calendar of days disabled of their record electronic will be which is determine, for each year, in it resolution posted in the «newsletter official of the State» by the Ministry of Hacienda and administrations public, by which is sets the calendar of days disabled, for the purposes of computation of deadlines , at the Directors General of the State.
4. the computation of time limits is held according to it willing in the article 26, paragraphs 3, 4 and 5 of the law 11 / 2007, of 22 of June. To these effects the registration is governed by the date and the hour official Spanish, corresponding to the Peninsula, Ceuta, Melilla and the archipelago Balearic. This will be equally applicable to whom access to the record electronic from any territory with schema different to the cited schema official.
Article 5. Voluntary nature of the submission electronic.
The presentation of applications, writings and communications through the electronic register shall be voluntary, except as provided for in article 27.6 of the law 11/2007, of 22 June, being alternative to the presentation in the places designated in article 38.4 of law 30/1992, of November 26, status of public administrations and common administrative procedure.
Article 6. Proof of identity.
1. requests, writings and communications may be filed with electronic registration by interested parties, under the terms defined in articles 30 et seq. of the law 30/1992, of November 26, and in article 23 of the law 11/2007, of 22 June, and articles 13, 14 and 15 of the Royal Decree 1671 / 2009 , of 6 of November.
2. the identification of the citizen that presents documents before the record electronic and it signature of them data and documents contributed is held through the use of the document national of identity electronic or any of them certified recognized included in the «list of confidence of health providers of services of certification» (TSL) established in Spain, posted in it headquarters electronic of the Ministry of industry , Energy and tourism.
(3. it headquarters electronic will contain the relationship of procedures that is can start using key concerted as mechanism alternative of identification to the certified electronic, according to it provisions in the article 13.2. c) of the law 11 / 2007, of 22 of June.
Article 7. Documents admissible.
1 the electronic register shall be: to) requests, writings and communications submitted by natural or legal persons corresponding to services, procedures and formalities that are available through the catalog of the IDAE of electronic based services.
The electronic register will include the up-to-date list of services, procedures and formalities that are available through electronic office and will provide access to the corresponding standardized electronic forms.
(b) additional documentation requests, writing and communications, previously introduced in the electronic register of the form referred to in the preceding paragraph.
((c) any request, writing or communication other than those mentioned in previous letters, to the extent laid down in article 24.2. b) of law 11/2007, of 22 June.
It record electronic may reject them documents electronic that is find in any of them circumstances provided for in the article 29 of the Real Decree 1671 / 2009, of 6 of November.
2. the documents must be submitted necessarily by interactive filling in the forms available in the electronic register. These forms may include data and attachments. Documents must meet updated technical requirements which will be accessible in electronic IDAE headquarters, and which will include at least the list of supported digital certificates, the relationship of supported browsers and supported document formats, as well as any other necessary technical requirement for access by users.
Article 8. Certifying receipt of the presentation.
After the reception of a request, written, communication or documentation additional, the register electronic issue, automatically, a receipt signed electronically, with the content established in the article 30.3 of the Real Decree 1671 / 2009, of 6 of November.
Article 9. Electronic signature.
(Is admitted them systems of signature electronic according to it established in the article 10 of the Royal Decree 1671 / 2009, of 6 of November, that forwards to the article 13.2. b) of the law 11 / 2007, of 22 of June, modified by the law 15 / 2014, of 16 of September, of rationalization of the Sector public and others measures of reform administrative.
Article 10. Interoperability and security.
The electronic record shall have appropriate organisational and technical means to ensure interoperability and security of the electronic record in accordance with the provisions of the Royal Decree 3/2010, of January 8, which regulates the national scheme of security and in Royal Decree 4/2010, of January 8, which regulates the national interoperability scheme.
Article 11. Accessibility.
The design of the electronic record includes accessibility requirements laid down in the Royal Decree 1276 / 2011, 16 September, from normative adaptation to the International Convention on the rights of persons with disabilities.
First final provision. Authorization to the Director General.
It empowers the Director-General of IDAE to accommodate electronic registration rules which applies at all times and to modify the catalogue of services, procedures and formalities that are available through electronic office, with the authority to include or to unsubscribe, within the scope of application of the same, procedures, procedures, and communications with access to the electronic record.
Available to finish second. Date of effect.
The present provision shall take effect the day following to the of their publication, by resolution of the Secretary of State of energy and President of the IDAE, in the «Bulletin official of the State».
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