Law 43/2010 of 30 December 2010 on the universal postal service, on the rights of users and on the postal market, devotes Chapter II of Title IV to the regulation of responsible declarations and provides in Articles 40 and 41 thereof, Among other extremes, which those who intend to provide postal services not included in the scope of the universal postal service must submit to the National Commission of the Postal Sector, prior to the beginning of the activity, a declaration responsible for recording the requirements and conditions laid down in the postal legislation in effect.

For your part, the second subparagraph of Article 41 (2) determines that the responsible declaration model, which may be submitted by electronic means, shall be approved by the Order of the Minister for Public Works.

Article 40.1 of Law 43/2010, of December 30, established that it was the National Commission of the Postal Sector, the body responsible for receiving these responsible statements. Pursuant to this competition, Order FOM/794/2011 of 21 March 2011, which approved the model of a responsible declaration, which enabled the provision of postal services not included in the scope of the Universal Postal Service, and was to be presented to the National Commission of the Postal Sector, functions currently assumed by the National Commission on Markets and Competition.

Later, paragraph 5 of the additional provision of Law No 3/2013 of 4 June of 4 June of the creation of the National Commission on Markets and Competition has changed the framework of competition by establishing that The Ministry of Public Works will assume the function of "receiving the responsible statements that enable for the postal activity".

Therefore, it is necessary to replace the current Order FOM/794/2011 of 21 March, which approved the model of responsible declaration, which enables the provision of postal services not included in the scope of the Service Universal Postal, by a new ministerial order that adapts to the new order of competence.

In the preparation of this order, the favorable report of the Ministry of the Presidency has been issued, with a prior character, which is currently the responsibility of the Ministry of Finance and Public Administration, to which it is Article 5.2 of Royal Decree 772/1999 of 7 May 1999 regulating the submission of applications, written and communications to the General Administration of the State, the issue of copies of documents and the return of originals and the scheme of the registration offices, as amended by Royal Decree 136/2010, of 12 February.

The order is issued under the provisions of the aforementioned Article 41 (2) of the aforementioned Law 43/2010 of 30 December, which empowers the Minister of Public Works to approve the model of responsible declaration.

In its virtue, with the prior approval of the Minister of Finance and Public Administrations, I have:

Single item. Approval of the responsible statement model.

The model of responsible declaration included in the annex of this order, referred to in the second paragraph of article 41.2 of Law 43/2010, of December 30, of the universal postal service, of the rights of the users and the postal market, which, prior to the start of the activity, will have to present those who intend to provide postal services not included in the scope of the universal postal service.

Single repeal provision. Regulatory repeal.

The entry into force of this order is repealed by Order FOM/794/2011 of 21 March, approving the model of responsible declaration, which enables the provision of postal services not included in the scope of the Universal Postal Service, as well as how many existing provisions of equal or lower rank are opposed to what is established in it.

Single end disposition. Entry into force.

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

Madrid, May 7, 2015. -Minister of Development, Ana Maria Pastor Julian.

ANNEX

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