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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 ...

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TEXT

Royal Decree 1034/1999 of 18 June, as amended by Royal Decree 101/2002 of 25 January 2002, regulates the system for the granting of compensation to the sea and air transport of goods with origin or destination in Illes Balears, pointing out that the granting of such compensation will be initiated on its own initiative in each exercise by the Assistant Secretary of Public Works.

However, the Royal Decree 452/2012, of 5 March, currently in force, for which the basic organic structure of the Ministry of Development is developed and the Royal Decree 1887/2011 is amended, of 30 December, for which establishes the basic organic structure of the ministerial departments, establishes, in article 2.1, that the Secretariat of State for Infrastructure, Transport and Housing is the directly responsible body, under the direction of the holder of the Department, definition, proposal and implementation of the Ministry's policies concerning the (a) general management of the land, sea and air transport of state competition, which is reiterated in point 6. Paragraph (a) of the same Article.

For all this, it should be understood that at present they correspond to the Secretariat of State for Infrastructures, Transport and Housing the functions in due time attributed to the Assistant Secretary of Development for the initiation of the procedure at the beginning.

On the other hand it is necessary to consider the time necessary to carry out, properly and with the rigor in all its phases, by the Delegation of the Government in the Balearic Islands, the management of the grants corresponding to the the volume of applications that are regularly received annually based on the experience of previous exercises and taking into account the austerity plan of the human resources available.

Therefore, it is appropriate to have a maximum period of time for the resolution and notification of six months from the end of the time limit set for its submission, in accordance with the provisions of Article 42.6 of the Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, as amended by Law 4/1999, and also in line with the time limit of resolution indicated for the similar procedure in the other archipelago.

In addition, Order TAP/1955/2011 of 5 July, creating and regulating the electronic register of the then Ministry of Territorial Policy and Public Administration, today Ministry of Finance and Public Administrations, and by amending Order PRE/3523/2009 of 29 December 2009 regulating the common electronic register, as set out in its Annex I, relating to procedures and procedures admissible through the electronic register of that department, the corresponding to the compensation for the sea and air transport of goods with origin or destination in Illes Balears.

Finally, Order TAP/2135/2011, of 18 July, regulates the obligation in the submission of applications and processing by electronic means of the procedure of the compensation to the marine and air transport of goods with origin or destination in Illes Balears. According to Article 32 of Royal Decree 1671/2009 of 6 November 2009, which partially develops Law 11/2007, of 22 June, of electronic access of citizens to public services.

In compliance with the above resolve,

First. Call for assistance.

Agree to the initiation of the procedure, regulated in Royal Decree 1034/1999, of 19 June, modified by Royal Decree 101/2002, of 25 January, to request the granting of the compensation corresponding to the sea and air transport of goods with origin or destination to the Balearic Islands carried out during 2011.

Second. Formalisation and submission of applications.

1. Applications for aid shall be sent by electronic means to the body responsible for the procedure, the Government Delegation to the Balearic Islands, for the period of one month from the date of publication of the This agreement shall be made available for completion and presentation at the electronic headquarters of the Secretariat of State of Public Administration of the Ministry of Finance and Public Administration. (https: //sede.mpt.gob.es).

2. Natural persons who carry out the signature or electronic submission of documents on behalf of the applicant entities or beneficiaries of the aid shall have the necessary representation for each action. The electronic certificate must therefore correspond to the aid applicant or its legal representative.

3. The signatory of the aid application shall provide proof that at the time of filing the application has sufficient representation for the act. Failure to comply with this obligation, not to be remedied, shall result in the person concerned being given a withdrawal from his application.

4. Applications shall be submitted in the electronic application models indicated in the Annex to this Resolution, which shall be completed by the applicants in accordance with the instructions and controls laid down in the application. computer.

Third. Resolution and notification.

The maximum period for the resolution of applications shall be six months and shall be counted from the end of the time limit set for the submission of applications and documentation relating to the transport carried out, in accordance with the Article 42.6 of Law 30/1992 of 26 November. It shall be applicable in respect of such resolutions and the notification thereof, the general rules governing grants and, in particular, Article 25.5 of Law 38/2003, General Grant.

Madrid, May 23, 2012. -Secretary of State for Infrastructure, Transport and Housing, Rafael Catala Polo.

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