Order Fom/845/2015, Of 7 May, Which Approves The Model Of Responsible Statement That Enables For The Provision Of Postal Services Not Included In The Scope Of The Universal Postal Service.
Original Language Title: Orden FOM/845/2015, de 7 de mayo, por la que se aprueba el modelo de declaración responsable que habilita para la prestación de servicios postales no incluidos en el ámbito del servicio postal universal.
Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-5183
Law 43/2010, of 30 December, universal postal service, the rights of users and of the postal market, devotes chapter II of title IV to regulate responsible for statements and has in its articles 40 and 41, among other ends, that those who seek to provide postal services not included in the scope of the universal postal service must submit to the National Committee for the Postal Sector prior to the start of the activity, a responsible statement which shall set forth the requirements and conditions established in the normative current postcard.
Furthermore, the second subparagraph of paragraph 2 of the aforementioned article 41 determines that by order of the Minister of public works approved the model of responsible Declaration, which may be submitted by electronic means.
Article 40.1 of law 43/2010, of 30 December, was established that the National Commission of the Postal Sector was the competent organ to receive these responsible for statements. Under this competition was published the order FOM/794/2011, March 21, which was adopted model responsible Declaration, which enabled for the provision of postal services not included in the scope of the Universal Postal Service, and should be submitted to the National Commission of the Postal Sector, functions currently undertaken by the National Commission of markets and competition.
Subsequently, paragraph 5 of the eleventh additional provision of Act 3/2013, June 4, creation of the National Commission of markets and competition, has been to modify the competence framework establishing that the Ministry of public works will assume the role «receive responsible for statements that enable to the postal activity».
Therefore, it is necessary to replace the current order FOM/794/2011, March 21, which was adopted model responsible statement, which allows for the provision of postal services not included in the scope of the Universal Postal Service, by a new ministerial order that suits the new competitive order.
In the preparation of this order has issued, prior, currently supporting the Ministry of the Presidency, competition report corresponds to the Ministry of finance and public administration, referred to in article 5(2) of the Royal Decree 772/1999, 7 may, which regulates the submission of applications, writing and communications to the General State administration , the issue of copies of documents and return of the originals and the regime of registration offices, modified by Royal Decree 136/2010 of 12 February.
The order is pronounced under cover of the mentioned paragraph 2 of said article 41 of the aforementioned law 43/2010, of 30 December, which empowers the Minister of public works to approve the model of responsible Declaration.
By virtue, with the prior approval of the Minister of finance and public administration, have: single article. Adoption of the model of responsible Declaration.
Approves the model of responsible statement included in the annex to this order, referred to the second subparagraph of article 41.2 of law 43/2010, of 30 December, universal postal service, the rights of users and of the postal market, which prior to the start of the activity who must submit claim to provide postal services not included in the scope of the universal postal service.
Sole repeal provision. Repeal legislation.
The entry into force of this order is repealed the order FOM/794/2011, on 21 March, that approves the model of responsible statement, which enables for the provision of postal services do not fall within the scope of the Universal Postal Service, as well as how many provisions of equal or lower rank to oppose provisions in it.
Sole final provision. Entry into force.
This order shall enter into force the day following its publication in the "Official Gazette".
Madrid, may 7, 2015.-the Minister of public works, Ana María Pastor Julián.
Annex here are several images in the original. See the PDF document official and authentic.
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