Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-9269
Effects give publicity to the resolution of the Council of administration of the Institute for the diversification and saving of energy from 30 June 2015, which creates the electronic site of the entity, and in accordance with the provisions of 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 of January, is ordered the publication in the «Bulletin official of the State» of this resolution whose text is inserted then.
Madrid, 24 July 2015.-the Secretary of State for energy and President of the Institute for the diversification and saving of 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 site of the entity is created.
The law 11 / 2007, of 22 of June, of access electronic of them citizens to them services public, created the concept of «headquarters electronic», justified by «the need of define clearly the "headquarters" administrative electronic with which is set them relations, promoting a regime of identification, authentication, content minimum, protection legal, accessibility, availability and liability».
Article 10(1) of the Act defines the electronic office as 'that email address available for citizens' through telecommunications networks whose ownership, management and administration corresponds to a Government, body or administrative entity in the exercise of its powers. He paragraph 3 of the same article establishes that «each administration public will determine the conditions and instruments of creation of them headquarters electronic».
On the other hand, the Royal Decree 1671 / 2009, dated November 6, which is partially developed law 11/2007, of 22 June, electronic access of citizens to public services, also regulate this figure in its articles 3 to 9, determines specifically in their article 3(2) that «the electronic venues will be created by order of the corresponding Minister or resolution of the head of the public body , that must publish is in the «Bulletin official of the State», determining the content minimum of this standard approving. This provides citizens full assurance and security amounting to only partially virtual offices which so far have been channeling the electronic relations with citizens.
So, with the introduction of the electronic office intends, on the one hand, to reduce the current dispersion of services offered by the Institute, in order to facilitate the access to them and, on the other hand, create a space in which this entity and citizens relate within the framework of administrative management with the necessary guarantees , differentiating as well the concept of portal of communication of the of headquarters electronic.
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.
Also, the article 7.7 of the Real Decree 18 / 2014, of 17 of January, establishes that corresponds to the President of the IDAE sort, by resolution, the publication in the «Bulletin official of the State» of those agreements adopted by the Council of administration, that by its nature it require.
By virtue of, this Board of Directors resolves: article 1. Object and scope of application.
1. the present resolution has by object the creation of the headquarters electronic of the Institute for the diversification and the saving of energy, IDAE, to give compliance to it established in the article 3 of the Real Decree 1671 / 2009, of 6 of November, by which is develops partially the law 11 / 2007, of 22 of June, of access electronic of them citizens to them services public.
2. the scope of the present resolution extends only to bodies belonging to the IDAE, and entire departments or functional areas in which the IDEA for the provision of their services is structured.
Article 2. Based electronics of the IDAE.
The electronic site of the IDAE is created with the following characteristics: to) will be carried out through the electronic office actions, procedures and public services offered by the IDAE requiring authentication of citizens, companies or public administration in its relations with them by electronic means, as well as those of others which decides their inclusion at Headquarters for reasons of efficiency and quality in the provision of services to those citizens.
(b) the reference of the headquarters address will be https://sede.idae.gob.es.
(c) the ownership of the electronic office will correspond to IDAE, for both responsible management, content and services made available to citizens in the same.
(d) management and coordination of the common content of the Headquarters shall correspond to the Director General.
(e) the headquarters electronic will include as minimum the contents related in the article 3 of the present resolution.
((f) to ensure the provision of services, and in accordance with the provisions of article 8(2) of the law 11/2007, of 22 June, settle the following channels: 1) for electronic access, through the Internet, either directly through the site or by the institutional portal www.idae.es.
2nd) for face-to-face attention, headquarters of the IDAE situated on wood Street, 8, 28004 Madrid, in accordance with the competencies defined in the rules governing their organization, without prejudice to the access through the regulated in article 38 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
3rd) for the phone service, IDAE information, phone services 913 14 66 73.
(g) information and services included in the electronic office shall comply with the principles of accessibility and usability, established in law 11/2007, of 22 June, on the terms dictated by the current legislation on this matter at any time.
(h) the contents published in the electronic office will respond to the criteria of security and interoperability that arise out of law 11/2007, of 22 June, and the Royal Decree 1671 / 2009, dated November 6, as well as the Royal Decree 3/2010, of January 8, which regulates the national scheme of safety, and of the Royal Decree 4/2010 , of 8 of January, by which it regulates the scheme national of interoperability.
Article 3. Contents and services of the electronic office.
1 the minimum contents which must include the electronic office are: to) updated information on the electronic site, which will include the identification of the headquarters and the identification of the body responsible for its management and administration.
(b) information necessary for the correct use of the venue including the electronic site map as well as the related intellectual property.
((c) Advisory services electronic to the user for the correct use of the electronic office d) system of verification of the certificate of the electronic office, direct and free of charge.
(e) relationship of systems of signed electronic that are supported or used in the headquarters electronic.
(f) access to the register electronic of the IDAE.
(g) access to the profile of the contracting and other services provided by the law of contracts of the sector public.
(h) political of protection of data and privacy of the IDAE and liaison with the headquarters of the Agency Spanish of protection of data.
(i) link to the «Bulletin official of the State».
(j) information about the accessibility.
(k) information of compliance of the conditions of confidentiality, integrity and availability of the information and communications that is made through the headquarters electronic.
(l) any information or service that the IDAE considers of interest or need.
2 services available to citizens that must include the electronic office are: to) catalogue of procedures and services available in the electronic office.
(b) Letter from the electronic office electronic services.
(c) electronic means that citizens can be used in the exercise of their right to communicate with the entity.
(d) link to the formulation of suggestions and complaints in accordance with article 4 of this resolution.
(e) access to the status of processing the case through the electronic record.
(f) Bulletin Board of the IDAE.
(g) date and time, and officially declared as non-working days.
(h) the certificate verification system.
(i) liaison with the point of General access of the General Administration of the State.
Article 4. Means for the formulation of suggestions and complaints.
1. the electronic office will contain a procedure for the formulation of suggestions and complaints. The formulation of the complaints will be considered for the initiation of the administrative procedure.
2 the means available for the formulation of suggestions and complaints in relation to the content, management and services offered in the electronic office that is created by the present resolution, shall be the following: to) electronic filing through the general mailbox of suggestions and complaints of the IDAE available in its electronic site.
(b) presentation face-to-face or by mail postal to the register general of the IDAE, street wood, 8, 28004 Madrid.
3. not be considered means for the formulation of suggestions and complaints people electronic advisory services users for correct use of the electronic office, without prejudice to their obligation, where it exists, of problems arising in citizens.
Article 5. Regulations and resolutions.
1. the headquarters electronic of the IDAE will contain the normative general relative to the processing electronic of the procedures.
2. decisions rendered by the Board of Directors of the IDAE will be published in the electronic office when they refer to matters governed by the present resolution.
First final provision. New procedures and modification of the content.
Empower the Director-General of IDAE, so that resolution it can include procedures, new services and content in the electronic office, within the framework in this regard available to article 6 of the Royal Decree 1671 / 2009, of 6 November.
Second final provision. Date of effect.
This provision shall take effect on the day following its publication, by decision of the State Secretary of energy and President of IDAE, in the «Official Gazette».
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