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The second additional provision of law 14/2013, from 27 September, support for entrepreneurs and its internationalization, establishes the integration of single windows in points of attention to the entrepreneur, so that the current PAIT, points of advice and start of processing, pass known as points of attention to the entrepreneur or PAE, and one-stop centers empresarial (VUE) and the unique window of the services directive eugo.es (VUDS), of the Ministry of finance and public administration will be integrated into care points to the entrepreneur. Adds the cited provision that the form of integration is established regulations.
Both the VUE network as of PAIT are the result of various initiatives implemented by the Government of Spain between 1999 and 2003 in order to facilitate, simplify and accelerate the creation of companies.
VUE centres created under the Protocol of 26 April 1999 collaboration between the General Administration of the State, the autonomous communities, local authorities and the Higher Council of official Chambers of Commerce, industry and navigation and the official Chambers of Commerce, industry and navigation.
Subsequently, in this same field, is approved the agreement of the Council of Ministers of 15 of July of 2005, for the implementation of a network of offices integrated of attention to the citizen to increase the collaboration with them cameras of trade, industry and navigation enhancing the network of Windows unique business through its union to the new network of offices integrated. This resulted in different autonomous communities, the redefinition of its VUE in integrated offices centers - business shops.
For its part, the PAIT were created in law 7/2003, of 1 April, the limited new company amending the law 2/1995, of 23 March, limited liability companies, adding a new additional provision, the eighth, relative to the single electronic document (DUE), which created the PAIT.
The PAIT is defined as offices dependent of organisms public or private by which is offered to them entrepreneurs services of information, advice and processing electronic, including in this definition to them centers VUE, that could act as PAIT in it relative to the processing electronic through the DUE.
Subsequently, the directive 123 / 2006, of 12 of December of 2006, relative to them services in the market inside, established in its article 8 that them procedures in matter of establishment of services should be accessible by means electronic, between other obligations. This directive is transposes through the law 17 / 2009, of 23 of November, on the free access to them activities of services and its exercise, establishing is a window virtual, eugo.es, from which is have of to perform all them procedures related with the home and the exercise of an activity of services, as well as them of provide information on requirements applicable to them health providers established in others States members or on them way of claim existing , among other aspects.
After the experience with all these initiatives, law 14/2013, 27 September, support entrepreneurs and their internationalization it comes them to unify into a single network of support to entrepreneurs, the network of PAE, which in its article 13 and second additional provisions and finish sixth.
The PAE are defined as offices belonging to public and private organizations that are responsible for facilitating the creation of new companies, the effective start of its activity and its development, through the provision of information, processing of documentation, advice, training and support for business financing.
All this, to give a service unified both to entrepreneurs as to companies, establishing a catalog wide of services that encompass the establishment, the exercise and the cessation of activity. In addition, extends these functions to possible virtual counters that can be incorporated and fixed in the electronic PAE of the Ministry of industry, energy and tourism compulsory offer of services set out in article 13.
The object of this Royal Decree is therefore carry out this integration so that there is a unique network of offices to entrepreneurs, under a single name and brand, in order to avoid cost duplication to public administrations, improve information to citizens and businesses and offer a complete electronic processing in all States through which transit a company from its entry into force only. Integration which is made both at the level of physical offices such as virtual, respecting at all times which has been developed so far, especially with regard to the VUDS which, due to its own regulations, will continue to provide their services without prejudice to its integration in the PAE.
Given that during this time, the Government has set up the platform «undertakes in 3', an administrative simplification project, approved by the Council of Ministers of 24 may 2013, which facilitates the communication by entrepreneurs and companies responsible for statements to the local authorities, is logical to establish this platform integrating online PAE in the present Royal Decree.
Ultimately, it is the first step to achieve the goal of a real integration not only of different platforms of the General Administration of the State, but also get to incorporate, as possible, other platforms of electronic processing of autonomous communities and local authorities in his virtue, a proposal of the Ministers of industry, energy and tourism and of finance and public administration , according to the Council of State and after deliberation of the Council of Ministers at its meeting of 27 February 2015, HAVE: CHAPTER I General provisions article 1. Object.
Is the object of this Royal Decree regulating the specifications and conditions for the integration of the business one-stop centers (hereinafter VUE) and the one-stop shop of the 123/2006 services directive of 12 December 2006 on services in the internal market (hereinafter VUDS) of the Ministry of finance and public administration on the network of points of care entrepreneur , according to the second law 14/2013, September 27 additional provision of support to entrepreneurs and its internationalization.
Article 2. Scope of application.
The provisions of this Royal Decree shall apply to the VUDS platform «Undertakes in 3», the electronic of the Ministry of industry, energy and tourism PAE and VUE centres created under the Protocol of 26 April 1999, as well as the integrated the citizen attention offices who provide services to enterprises, created according to the agreement of the Council of Ministers on July 15, 2005 that are integrated into the network of points of care to the entrepreneur.
CHAPTER II Organization and services article 3. Organization.
1. them centers VUE to which is concerns the article previous pass to call is points of attention to the entrepreneur (in forward, PAE).
2. in accordance with it willing in the article 13.3 of the law 14 / 2013, of 27 of September, of support to them entrepreneurs and its internationalization, them PAE used the system of processing telematics of the center of information and network of creation of company (in forward, CIRCE) and must start the processing on the document only electronic (in forward) (, DUE) regulated in the available additional third of the text consolidated of the law of societies of Capital, approved by Real Decree legislative 1 / 2010, of 2 of July, modified by the available final sixth of the law 14 / 2013, of 27 of September.
3. the point of attention to the entrepreneurial electronic of the Ministry of industry, energy and tourism (in forward, PAE electronic) will reside in the regional headquarters electronic of the Subdirectorate General of support to the small and medium company of the Ministry of industry, energy and tourism.
4. the ownership, administration and management of the electronic PAE corresponds to the Directorate General of industry and small and medium enterprises, without prejudice to provisions of article 6.2 in relation to the VUDS.
5. the electronic PAE is part of the PAE network and completing the DUE electronically will be available to citizens through the network.
Article 4. Services.
1 the PAE them referred to in article 3(1) shall render the following services: to) facilitate the creation of new companies, the effective start of its activity and its development, through the provision of information, processing of documentation, advice, training and support for business financing.
(b) supply the information and forms necessary for access to the activity and exercise.
(c) offer the possibility of presenting all the documentation and necessary requests.
(d) offer the possibility of knowing the State of procedures that have the status of interested and, where appropriate, receive notification of mandatory acts of procedure and resolution thereof by the competent administrative authority.
(e) providing detailed information about subsidies, grants and other types of financial support available for the economic activity in question in the General Administration of the State, autonomous communities and local entities.
(f) to facilitate the necessary procedures for the incorporation of companies, the effective start of economic activity and its exercise by entrepreneurs.
(g) facilitate the processing of the cessation of the activity.
2. without prejudice of others services that could provide, them services to is concerns this article is may provide through consideration economic, except it relating to the processing of the DUE. Each point of services for entrepreneurs will keep a list of free services and those provided by economic consideration in accordance with the conventions which, in his case, being held with the Ministry of industry, energy and tourism.
CHAPTER III article 5 unique windows integration. Integration of windows unique face-to-face.
1 a the effects of applying the provisions of article 3.1 of the present Royal Decree, the VUE centres existing at the entry into force of the present Royal Decree will be able: to) integrate the PAE network offering the services laid down in article 4 of the present Royal Decree.
(b) cease its activity as a result of the integration process.
2. in case of integrate is in it network PAE, them ministries of industry, energy and tourism and of Hacienda and administrations public coordinate jointly, extinguished them conventions VUE, the process that allow the continuity of the collaboration with the administrations public e institutions interested.
In this case, the Ministry of industry, energy and Tourism held them performances necessary to include in the system CIRCE them procedures of them administrations public e institutions concerned, as well as will facilitate the signature with them same of new conventions PAE.
In case of cessation of activity, also the Ministry of Hacienda and administrations public, in collaboration with the administrations public e institutions interested will oversee the completion of the obligations assumed in them conventions of window.
3. with the aim of developing the process described in the preceding paragraph, the Ministry of finance and public administration will prepare an action plan, in collaboration with public administrations and institutions.
Article 6. Integration of windows electronic.
1. without prejudice to the identity defined in the framework of the European Union, the VUDS will be integrated into the electronic PAE. Also, is establish the measures that allow ensure the interoperability of these windows with them PAE face-to-face.
2. the VUDS will provide the services defined in article 18 of the law 17/2009, of November 23, on free access to the services and your exercise activities.
3. the platform «Undertakes in 3» is integrated in the electronic PAE.
4. the ministries of industry, energy and tourism and of finance and public administration, will jointly determine the conditions of integration and interoperability necessary and proceed in coordination in its promotion.
Provision additional first. No increase in public spending.
The measures included in this standard may not assume increase allocations, fees, or other expenses of staff in the whole of the General Administration of the State.
Second additional provision. Points of advice and start of processing (PAIT).
1. the PAIT will move to PAE and services established in existing PAIT agreements, from the entry into force of this Royal Decree.
2. organisms which have signed agreements PAIT will incorporate new services among those laid down in article 13 of the law 14/2013, of 27 September, support for entrepreneurs and its internationalization, by means of a communication to the Directorate General of industry and small and medium-sized enterprises.
3. without prejudice of others services that could provide, them services to is concerns the paragraph previous as well as them established in them conventions PAIT force is may provide through consideration economic, except it reference to the processing of the DUE.
Provision additional third. Budget changes.
By the Ministry of Hacienda and administrations public, is take to out them modifications budget precise for the compliance of it planned in this Royal Decree.
Fourth additional provision. Plan of action.
1. them ministries of industry, energy and tourism and of Hacienda and administrations public take to out a plan of action in which is established them modifications to them media human and materials necessary for carry out it integration effective of them windows electronic to which is refers the article 6 are attached to the Ministry of industry, energy and tourism in the term of nine months from the entry in force of this real Decree.
The action plan will include the measures necessary for the implementation, within the same period, of all the services, in accordance with article 13 of the law 14/2013, of 27 September, support entrepreneurs and its internationalization, must provide point of care electronic entrepreneurship of the Ministry of industry, energy and tourism. To this end, work programmes will be created in coordination with the autonomous communities and local entities.
2. by the Ministry of finance and public administration, budget changes were carried out and staff accurate for the fulfillment of the provisions in the action plan.
3. in the period of nine months, the Ministry of industry, energy and tourism will be to perform all functions relating to electronic single windows referred to in article 6.
Sole transitional provision. Business one-stop centers.
Within the period of six months from the entry into force of this Royal Decree will take place as laid down in article 5.
First final provision. Update of references.
Of conformity with the available additional second of the law 14 / 2013, of 27 of September, of support to them entrepreneurs and its internationalization, them references to them points of advice e home of processing that contain the Real Decree 682 / 2003, of 7 of June, by which is regulates the system of processing telematics to is refers the article 134 and the available additional eighth of the law 2 / 1995 , of 23 of March, of societies of responsibility limited, the Real Decree 1332 / 2006, of 21 of November, by which is regulate them specifications and conditions for the employment of the document only electronic (DUE) for the Constitution and put up of societies of liability limited by the system of processing telematics and the Real Decree 368 / 2010, of 26 of March , by which is regulate them specifications and conditions for the employment of the document only electronic (DUE) for the put up of them companies individual through the system of processing telematics, is understood referred to them points of attention to the entrepreneur.
Second final provision. Skill-related title.
This Royal Decree is dictates to the amparo of the article 149.1.18. ª of the Constitution, that attributed to the State the competition exclusive on procedure administrative common.
Third final provision. Entry in force.
He present Royal Decree will enter in force the day following to the of your publication in the «Bulletin official of the State».
Given in Madrid, the 27 of February of 2015.
The Vice-President of the Government and Minister of the Presidency, SORAYA SAENZ DE SANTAMARIA ANTON
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