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Real Decree 127 / 2015, Of 27 Of February, By Which Is Integrate Them Centers Of Window Unique Business And The Window Only Of The Directive Of Services In Them Points Of Attention To The Entrepreneur.

Original Language Title: Real Decreto 127/2015, de 27 de febrero, por el que se integran los centros de ventanilla única empresarial y la ventanilla única de la Directiva de Servicios en los Puntos de Atención al Emprendedor.

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TEXT

The additional provision of Law 14/2013, of 27 September, of support for entrepreneurs and their internationalization, establishes the integration of points of single contact in the Points of Attention to the Entrepreneur, so that the The current PIT, Points of Advice and Initiation of Processing, will be called Points of Attention to the Entrepreneur or PAE and, the centers of the single business window (VUE) and the Single Window of the Services Directive, eugo.es (VUDS), of the Ministry of Finance and Public Administrations will be integrated into the Entrepreneur. It adds that provision that the form of integration will be regulated.

Both the VUE network and the PAIT network are the result of various initiatives launched by the Government of Spain between 1999 and 2003 in order to facilitate, simplify and accelerate the creation of companies.

The VUE centres were established under the Partnership Protocol of 26 April 1999 between the General Administration of the State, the Autonomous Communities, the local authorities and the Council of the Higher Council of Official Chambers of the European Union. Trade, Industry and Shipping and the Official Chambers of Commerce, Industry and Navigation.

Later, in this same area, the Council of Ministers Agreement of 15 July 2005 was approved for the implementation of a Network of Integrated Citizens ' Attention Offices in order to increase collaboration with the Chambers of Commerce, Industry and Navigation by strengthening the network of Single Business Centres by joining the new network of integrated offices. This resulted in a number of Autonomous Communities, the redefinition of their VUE centres in Integrated Offices-Single Business Centres.

On the other hand, the PTIAs were created in Law 7/2003, of April 1, of the limited company New Company that modified Law 2/1995, of March 23, of Limited Liability Societies, adding a new provision additional, the eighth, relative to the Single Electronic Document (EUD), in which the PAIT was created.

The TIAs were defined as offices dependent on public or private bodies through which the enterprising information, advice and electronic processing services were offered, including in this definition VUE centres, which could act as a PAIT for electronic processing through the EUD.

Subsequently, Directive 123/2006 of 12 December 2006 on services in the internal market provided for in Article 8 that the procedures for the establishment of services should be accessible by electronic means, among other obligations. This Directive is transposed by Law 17/2009 of 23 November on the free access to and pursuit of the activities of services, establishing a virtual window, eugo.es, from which all formalities must be carried out. related to the initiation and the exercise of a service activity, as well as to provide information on requirements applicable to providers established in other Member States or on existing complaints routes, inter alia aspects.

After the accumulated experience with all these initiatives, Law 14/2013 of 27 September, supporting entrepreneurs and their internationalisation, comes to unify in a single network of support to entrepreneurs, the network of PAE, which is done in its Article 13 and additional second and final provisions, sixth.

PAE are defined as offices belonging to public and private bodies that will be responsible for facilitating the creation of new companies, the effective start of their activities and their development through the provision of services. information, documentation processing, advice, training and support for business finance.

All this, in order to provide a unified service to both entrepreneurs and businesses, establishing a broad catalogue of services that cover the establishment, the exercise and the cessation of activity. In addition, it extends these functions to possible virtual windows that can be incorporated and fixed in the electronic PAE of the Ministry of Industry, Energy and Tourism, the obligation to offer the set of services listed in Article 13.

The object, therefore, of this royal decree is to bring to effect this integration so that from its entry into force there is only one network of offices of attention to the entrepreneurs, under a single denomination and brand, with the aim of avoiding costs of duplication to public administrations, improving information to the public and businesses and providing complete electronic processing in all the states for which a company is transiting. Integration that is done both at the physical and virtual offices level, respecting at all times what has been developed so far, especially as regards the VUDS which, due to its own regulations, will continue to offer its services without prejudice to their integration into the PAE.

Given that during this time, the Government has launched the platform "Emprende en 3", a project of administrative simplification, approved by the Council of Ministers of 24 May 2013, which facilitates communication by It is logical to establish the integration of this platform into the PAE network in this royal decree.

In short, this is the first step towards achieving the objective of a real integration not only of the different platforms of the General Administration of the State, but also to incorporate, as much as possible, other Electronic processing platforms of Autonomous Communities and Local Entities

In its virtue, on the proposal of the Ministers of Industry, Energy and Tourism and of Finance and Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of the day of 27 of February 2015,

DISPONGO:

CHAPTER I

General provisions

Article 1. Object.

It constitutes the object of this royal decree the regulation of the specifications and conditions for the integration of the centers of the Business Single Window (VUE) and the one-stop shop of the Services Directive 123/2006 of 12 December 2006 on services in the internal market (hereinafter referred to as VUDS) of the Ministry of Finance and Public Administrations in the Network of Entrepreneurship Points, as set out in the additional provision The second part of Law 14/2013, of 27 September, supports entrepreneurs and their internationalisation.

Article 2. Scope.

The provisions contained in this royal decree will apply to the VUDS, to the platform "Emprende en 3", to the electronic PAE of the Ministry of Industry, Energy and Tourism and to the VUE centers created under the Protocol of April 26, 1999, as well as the integrated offices of care for citizens who provide services to companies, created under the Council of Ministers Agreement of 15 July 2005, which are integrated into the Network of Points of Attention to the Entrepreneur.

CHAPTER II

Organization and services

Article 3. Organization.

1. The VUE centres referred to in the previous article shall be referred to as "Point of Attention to Entrepreneur" (hereinafter referred to as PAE).

2. In accordance with the provisions of Article 13.3 of Law 14/2013 of 27 September, supporting entrepreneurs and their internationalisation, the PAE will use the telematics processing system of the Enterprise Creation Network and Information Centre. (hereinafter, CIRCE) and must initiate the processing through the Electronic Single Document (hereinafter, DUE) regulated in the additional provision third of the recast text of the Law of Capital Societies, approved by Royal Legislative Decree 1/2010, of 2 July, as amended by the sixth final provision of Law 14/2013, of 27 September.

3. The Electronic Entrepreneur Point of the Ministry of Industry, Energy and Tourism (hereinafter the electronic PAE) will reside in the electronic sub-headquarters of the Subdirectorate General of Support to Small and Medium Enterprises of the Ministry of Industry. Industry, Energy and Tourism.

4. The ownership, administration and management of electronic PAE is the responsibility of the Directorate-General for Industry and Small and Medium-sized Enterprises, without prejudice to Article 6.2 in relation to the VUDS.

5. Electronic PAE is part of the PAE network and the electronic completion of the EUD will be available to citizens through this network.

Article 4. Services.

1. The EAP referred to in Article 3.1 shall provide the following services:

a) Facilitating the creation of new enterprises, the effective start of their business and their development, through the provision of information services, documentation processing, advice, training and support for financing business.

b) Provide all information and forms necessary for access to and exercise of the activity.

c) Offer the ability to present all necessary documentation and requests.

(d) to provide the possibility of knowing the state of proceedings of the procedures in which they have the status of the person concerned and, where appropriate, to receive the corresponding notification of the acts of application and the decision of the same by the competent administrative body.

e) Provide all information on the aid, grants and other types of financial support available for the economic activity concerned in the General Administration of the State, Autonomous Communities and Entities Local.

f) Facilitate the necessary formalities for the formation of companies, the effective beginning of an economic activity and its exercise by entrepreneurs.

g) Facilitate cessation of activity.

2. Without prejudice to other services which may be provided, the services referred to in this Article may be provided by economic consideration, except as regards the processing of the EUD. Each point of attention to the entrepreneur shall keep a list of the free services and those provided by economic consideration in accordance with the conventions which, where appropriate, are concluded with the Ministry of Industry, Energy and Tourism.

CHAPTER III

Single-window integration

Article 5. Integration of single-in-person windows.

1. For the purposes of applying the provisions of Article 3.1 of this royal decree, the VUE centres existing at the entry into force of this royal decree may:

a) Integrate into the PAE network by offering the services set out in Article 4 of this royal decree.

b) Caesar your activity as a result of the integration process.

2. In the case of integration into the PAE network, the Ministries of Industry, Energy and Tourism and Finance and Public Administrations will jointly coordinate, extinguish the VUE conventions, the process that allows the continuity of collaboration with the Public administrations and interested institutions.

In this case, the Ministry of Industry, Energy and Tourism will carry out the necessary actions to include in the CIRCE system the formalities of the Public Administrations and the interested institutions, as well as to facilitate the signature with the same new PAE conventions.

In case of cessation of activity, also the Ministry of Finance and Public Administrations, in collaboration with the Public Administrations and interested institutions will supervise the completion of the obligations assumed in the window conventions.

3. In order to develop the process described in the previous paragraph, the Ministry of Finance and Public Administrations will draw up an action plan, in collaboration with the Public Administrations and the Institutions concerned.

Article 6. Integration of electronic windows.

1. Without prejudice to the identity defined within the framework of the European Union, the VUDS shall be integrated into the electronic PAE. Measures to ensure the interoperability of these windows with face-to-face PAE will also be put in place.

2. The VUDS shall provide the services defined in Article 18 of Law 17/2009 of 23 November on the free access to and pursuit of the activities of services.

3. The "Emprende 3" platform is integrated into the electronic PAE.

4. The Ministries of Industry, Energy and Tourism and Finance and Public Administrations shall jointly determine the necessary integration and interoperability conditions and shall proceed in a coordinated manner in their promotion.

Additional disposition first. No increase in public spending.

The measures included in this rule may not result in an increase in appropriations, remuneration, or other personnel costs in the whole of the General Administration of the State.

Additional provision second. Processing Advice And Start Points (PAIT).

1. The PATIs will be renamed PAE and will provide the services established in the current PIT agreements, starting with the entry into force of this royal decree.

2. The organizations that have signed agreements PAIT will be able to incorporate new services among those established in article 13 of Law 14/2013, of 27 September, of support to the entrepreneurs and their internationalization, through a communication to the Directorate-General for Industry and Small and Medium-sized Enterprises.

3. Without prejudice to other services which may be provided, the services referred to in the preceding paragraph and those laid down in the existing PIT conventions may be provided by economic consideration, except for the provision of services. processing of the DUE.

Additional provision third. Budgetary changes.

By the Ministry of Finance and Public Administrations, the necessary budgetary modifications will be carried out in order to comply with the provisions of this royal decree.

Additional provision fourth. Action plan.

1. The Ministries of Industry, Energy and Tourism and Finance and Public Administrations will carry out an action plan setting out the modifications so that the human and material resources necessary to carry out the effective integration of the electronic windows referred to in Article 6 are attached to the Ministry of Industry, Energy and Tourism within nine months of the entry into force of this royal decree.

The action plan will include all the necessary measures for the implementation, within the same period, of all the services that, in accordance with Article 13 of Law 14/2013 of 27 September, support entrepreneurs and their Internationalisation, you must provide the Electronic Entrepreneur Point of the Ministry of Industry, Energy and Tourism. To do this, work programs will be created in coordination with the autonomous communities and local entities.

2. The Ministry of Finance and Public Administrations shall carry out the necessary budgetary and personnel changes in order to comply with the provisions of the action plan.

3. Within nine months, the Ministry of Industry, Energy and Tourism shall carry out all the tasks relating to electronic single windows referred to in Article 6.

Single transient arrangement. Enterprise one-stop centers.

Within six months of the entry into force of this royal decree, the provisions of Article 5 will be implemented.

Final disposition first. Updating references.

In accordance with the second provision of Law 14/2013 of 27 September, supporting entrepreneurs and their internationalisation, the references to the Points of Advice and Initiation of Processing containing the Royal Decree 682/2003, of 7 June, for which the system of telematic processing referred to in Article 134 is regulated and the additional provision eighth of Law 2/1995, of March 23, of Societies of Limited Liability, the Royal Decree 1332/2006 of 21 November 2006 regulating the specifications and conditions for the The use of the Single Electronic Document (EUD) for the establishment and implementation of limited liability companies through the telematic processing system and Royal Decree 368/2010 of 26 March 2010 regulating the Specifications and conditions for the use of the Single Electronic Document (EUD) for the implementation of individual companies through the telematics processing system, will be understood as referring to the Points of Attention to the Entrepreneur.

Final disposition second. Competence title.

This royal decree is issued under the terms of Article 149.1.18 of the Constitution, which attributes exclusive competence to the State on the common administrative procedure.

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on February 27, 2015.

FELIPE R.

The Vice President of the Government and Minister of the Presidency,

SORAYA SAENZ DE SANTAMARIA ANTON