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Resolution Of February 9, 2015, Of The Center For Industrial Technological Development, Authorizes Substitution By Electronic Media And The Elimination Of A Series Of Documents Kept In The Central File.

Original Language Title: Resolución de 9 de febrero de 2015, del Centro para el Desarrollo Tecnológico Industrial, por la que se autoriza la sustitución por soporte electrónico y la eliminación de series documentales custodiadas en el archivo del Centro.

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TEXT

Law 16/1985, of 25 June, of the Spanish Historical Heritage, regulates the issues related to the conservation of the documentary heritage as an integral part of the Spanish Historical Heritage.

Royal Decree 1164/2002 of 8 November 2002 regulating the conservation of documentary heritage with historical value, the control of the disposal of other documents of the General Administration of the State and its agencies public, and the preservation of administrative documents in support other than the original, also provides for the procedure to be followed for the destruction of documents lacking the historical and probative value of rights that it requires, in any case, the favourable opinion of the High Commission for the Qualifying of Documents Administrative, under the Ministry of Education, Culture and Sport.

The Center for Industrial Technological Development, Enterprise Public Entity in charge of the management and development of the technology innovation policy of the Ministry of Economy and Competitiveness (whose functions come In the case of the case-law of the Court of First Case, the Court held that the Court held that the Court held that the Court of First instance had to decide on the basis of Article 4 (1) of the Treaty. proceed to the replacement of paper support with genuine electronic copies of the series Documents included in the Annex to this resolution responsibility of the Centre, with the consequent removal of such paper support.

In compliance with the provisions and the procedure laid down in Royal Decree 1164/2002 of 8 November 2002, the Centre for Industrial Technological Development asked the Superior Commission for Documents Administrative issues of the issuing of an opinion on the replacement of paper support by authentic electronic copies, in accordance with the security conditions, conservation guarantees and digitalisation requirements determined for that purpose for their consideration as authentic copies with full legal validity and in accordance with the law, and the the total elimination of paper support, of the three documentary series included in the Annex to this resolution.

The High Commission Qualify for Administrative Documents, at its meeting of 17 December 2014, agreed to issue a favourable opinion on the replacement of support and consequent removal of paper support according to the high terms on the three documentary series presented by the Centre. The annex to this resolution details the documentary series that has been favourably delivered, as well as their corresponding periods.

For all this, and in the use of the powers conferred on it, the President of the Center for Industrial Technological Development resolves:

First.

Authorize the replacement of paper support by authentic electronic copies in accordance with security conditions, conservation guarantees and digitalization requirements determined for such purposes for consideration as authentic copies with full legal validity and in accordance with the legal provisions of the documentary series listed in the Annex to this resolution.

Second.

Authorize the removal of all documents that make up the documentary series included and detailed in the annex to this resolution, which are deposited in the archives of the center. The documentary series to be deleted shall be exclusively those for the periods specified in the Annex.

Third.

As provided for in Article 57.2 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and in Royal Decree 1164/2002 of 8 November 2002, the the effectiveness of the authorization of destruction shall be delayed until three months after the publication of this decision in the 'Official Gazette of the State', and subject to the fact that there is no evidence of the interposition of the any nature against it. If it is contested, the destruction of documents may not be carried out until such time as this resolution becomes final.

Fourth.

Once the effectiveness of the authorization that is agreed upon by this resolution is produced, the process of destruction must be immediate. To this end, the managing body responsible for the custody of the documents shall open a dossier for the disposal of documentary documents or series, as set out in Royal Decree 1164/2002 of 8 November 2002, guaranteeing the the confidentiality of the information contained in the documentation and its removal process, using the most appropriate method which makes it impossible to reconstruct the documents and to recover any information contained therein. Documents to be removed must be protected until the time of physical destruction, kept in premises or containers with closing mechanisms to ensure their safety against possible interference. external.

Fifth.

From the destruction of this documentation, a removal act must be lifted and a supplementary act indicative of the conservation measures in support other than the original by the Development Center. Industrial Technology. The destruction of the documentation may be carried out by the means available to the institution or, where the volume of documents so advises, by the hiring of a service undertaking specializing in the destruction of documents, in which case a person from the centre himself shall be appointed to monitor the transport and monitor the effectiveness of the destruction system used. The company must certify the destruction of the documents, stating the date and the form of destruction. In no case will those specific files which have been the subject of administrative appeal and which are still pending final resolution be removed.

Of those minutes and of the certifications issued by the company, if any, copies must be sent to the Superior Commission of Administrative Documents.

Sixth.

Against this resolution, a replacement may be brought before the Center for Industrial Technological Development within one month of the day following that of its publication in the "Official Gazette of the State", or administrative-administrative action within a period of two months from the day following that of its publication in the "Official Gazette of the State", before the Central Court of Administrative-Administrative, not being able to interject simultaneously both resources.

Madrid, February 9, 2015. -President of the Center for Industrial Technological Development, María Luisa Poncela García.

ANNEX

Description of the documentary series

Opinion

and code

Title/Producer

30/2014

CDTI/9/2014-1

Council Executive Commission Acts Rector/Board of Directors (1984-) //

Center for Technological Development Industrial. General Secretariat.

Favorable to the replacement of the support in application of Royal Decree 1671/2009. Permanent preservation in PDF-A format. Free access.

31/2014

CDTI/9/2014-2

Rector Board Acts/Board of Directors (1977-) //

Center for Industrial Technological Development. General Secretariat.

Favorable to the replacement of the support in application of Royal Decree 1671/2009. Permanent preservation in PDF-A format. Free access

32/2014

CDTI/9/2014-3

Address Committee Acts (1977-) //

Favorable to the replacement of the support in application of Royal Decree 1671/2009. Permanent preservation in PDF-A format. Free access.