Resolution Of May 23, 2012, Of The Ministry Of Infrastructure, Transport And Housing, Which Is Agreed To Initiate The Procedure For The Granting Of Compensation For Maritime And Air Transport Of Goods With...

Original Language Title: Resolución de 23 de mayo de 2012, de la Secretaría de Estado de Infraestructuras, Transporte y Vivienda, por la que se acuerda iniciar el procedimiento para el otorgamiento de compensaciones a los transportes marítimos y aéreos de mercancías con ...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2012-7641

The Royal Decree 1034 / 1999 of 18 June, amended by Royal Decree 101/2002, of 25 January, regulates the system for the granting of compensation for maritime and air transport of goods with origin or destination in Illes Balears, pointing out that the granting of such compensation will start automatically in each fiscal year by the Undersecretary of promotion.

However, the Royal Decree 452/2012, March 5, currently in force, whereby develops the basic organizational structure of the Ministry of public works and amending the Royal Decree 1887 / 2011, of 30 December, which establishes the basic organizational structure of the ministerial departments, establishes, in its article 2.1, that the Secretary of State for infrastructures Transportation and housing is directly responsible, under the direction of the head of the Department, the definition, proposal and implementation of the policies of the Ministry concerning the general management of State land, maritime and air transport, which is reiterated in paragraph 6. Paragraph to) of the same article.

Therefore, you should understand which currently correspond to the Secretary of State for infrastructure, transport and housing functions at the time attributed to the Undersecretary of promotion for the initiation of the procedure to the aforementioned principle.

On the other hand, it is necessary to consider the time required to carry out, properly and rigorously in all phases, from the delegation of the Government in Illes Balears, the grant management corresponding to the volume of requests that are received annually according to the experience of previous years on a regular basis and taking into account also the plan of austerity of the available human resources.

Therefore, it is desirable to have a deadline for the resolution and notification of six months since the end of the deadline for submission, pursuant to article 42.6 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, modified by the law 4/1999 , and in line with resolution period stipulated for similar proceeding in the other islands.

In addition, the order TAP/1955/2011, of 5 July, which creates and regulates the electronic register of the then Ministry of Territorial policy and management public, today the Ministry of finance and public administration, and by amending the order PRE/3523/2009, of 29 December, which regulates the common electronic register, establishes in its annex I , relationship of procedures and allowable procedures through the electronic record of that Department, the corresponding compensation to the maritime and air transport of goods with origin or destination in the Illes Balears.

Finally, the order TAP/2135/2011, of 18 July, regulates obligatory the presentation of applications and processing by electronic means of the procedure of compensation to the maritime and air transport of goods with origin or destination in the Illes Balears. This, according to article 32 of the Royal Decree 1671 / 2009, dated November 6, partially developed by law 11/2007, of 22 June, electronic access of citizens to public services.

In compliance of the former resolve, first. Call for aid.

Agree on initiation of the procedure, regulated by Royal Decree 1034 / 1999, of 19 June, amended by Royal Decree 101/2002, of 25 January, to request the granting of compensation to the sea and air transport of goods with origin or destination in the Illes Balears made during 2011.

Second. Formalizing and submitting applications.

1. applications for the obtaining of subsidies will be mandatory by electronic means, to the authority competent for the procedure, the delegation of the Government in Illes Balears, during the period of one month from the publication of this agreement in the «Official Gazette» and will be available for completion and submission in the electronic office of the Secretary of State of public administrations of the Ministry of finance and public administration (https://sede.mpt.gob.es).

2. natural persons carrying out the signature or the electronic filing of documents on behalf of the applicant or beneficiary entities of aid should represent required for each performance. The electronic certificate must correspond, therefore, to the applicant for aid or his legal representative.

3. the signatory of the aid application must provide proof of having representation sufficient for the Act at the time of the filing of the application. Breach of this obligation, not to remedy, will lead to that interested parties be given by desisted from its application.

4. applications shall be submitted on models of electronic application which is indicated in the annex to the present resolution, they shall be completed by applicants in accordance with the instructions and controls in the application.

Third party. Resolution and notification.

The deadline for the resolution of claims will be six months and shall run from the end of the deadline for the submission of applications and documentation concerning transport carried out pursuant to article 42.6 of law 30/1992, of 26 November. Shall apply with respect to those resolutions and notification thereof, the general rules governing subsidies and, in particular, article 25.5 of the law 38/2003, General subsidies.

Madrid, 23 of mayo of 2012.-the Secretary of State of infrastructure, transport and housing, Rafael Catalá Polo.

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