Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2012-7518
The initiatives of simplification and modernization administrative that enhance the use of media electronic from the Administration public in its relations with them citizens have been numerous along them last years and is have gone shaping in standards of different range.
The law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, urges public authorities to promote the use and application of the electronic, informatic and telematic means in the development of its activity and in the exercise of its powers.
In this sense, the law 11 / 2007, of 22 of June, of access electronic of them citizens to them services public, in its articles 24, 25 and 26, sets it mandatory of create records electronic for the reception and referral of requests, written and communications. At the same time, the Royal Decree 1671 / 2009, of 6 November, which develops the Act, partially regulates the regime of creation and the conditions of operation of abovementioned electronic records.
In any case, the presentation of these documents by electronic means is seen as via additional and not mandatory for the person concerned in the cases indicated, pursuant to article 6 of law 11/2007.
In application of them mentioned forecasts legal this resolution has by object the creation and regulation of the register electronic of the authority port of the Bay of Algeciras for the reception and remission electronic of requests, written and communications, related with them procedures of the competition of this authority port.
This resolution has been informed by the Ministerial Committee on electronic administration of the Ministry of development in accordance with provisions in the order FOM/716/2009 of March 4 by which regulates is the composition and functioning of the above-mentioned Commission.
According to them competencies that attributed the Real Decree legislative 2 / 2011, of 5 of September, by which is approves the text consolidated of it law of ports of the State and of the Marina merchant, the creation and regulation of the record electronic of the entity was agreed by the Council of administration of the authority port. According to the aforementioned Royal Decree, corresponds to the Chairman of the port authority the function of representing permanently to the port authority and its Board of Directors.
In his virtue resolve: article 1. Object and scope of application.
This resolution has as object the creation and regulation of the electronic register of the port authority of the Bay of Algeciras on electronic record, for the reception and referral, by electronic means, of applications, writing and communications, within the scope of the procedures included in the annex, in accordance with the provisions of article 24 of law 11/2007 22 June, citizens electronic access to public services and in article 27.1 of the Royal Decree 1671 / 2009, dated November 6, whereby the Act is partially developed.
Article 2. Address of the register electronic.
Stakeholders access to the electronic register will be available through the electronic office of the port authority, at the address: «https:// sede.autoridadportuariadelabahiadealgeciras.gob.es» article 3. Responsibilities and relevant bodies.
1. the management of the record electronic corresponds to it authority port of the Bay of Algeciras, that it shall exercise through the registration General of it authority port affiliated to the Secretariat of the Council of administration.
2. in no case the port authority liable for the fraudulent use that the users of the system may make of the services offered by eGovernment. For these purposes, such users assume with exclusive responsibility for the custody of the elements necessary for your authentication in access to these services, the establishment of accurate connection and the use of electronic signatures, as well as of the consequences that may arise from the improper, incorrect or negligent use of the same. Also will be responsibility of the user the custody and management of the files that are returned to you by the electronic register as acknowledgement of receipt.
Article 4. Calendar and date and time official.
1. the electronic register will allow the submission of applications, writings and communications that referred to in article 1 of this resolution during the twenty-four hours of every day of the year, without prejudice to breaks provided for in article 30.2 of the Royal Decree 1671 / 2009 when there are justified reasons of technical or operational maintenance, which will be informed on the record itself and in the electronic office.
2 a the effects that apply in relation to the electronic record, the electronic office will show in a visible place: to) the calendar of non-working days will be determined in the resolution published each year in the Official Gazette, which is set the calendar of non-working days for the purpose of computation of time limits in the General Administration of the State.
(b) the date and exact time, which will be the record date and time of the transaction in the electronic register and the synchronization is performed according to the provisions of article 15 of the Royal Decree 4/2010 of 8 January, which approves the national interoperability scheme.
3. the computation of time limits will be subject to the provisions of article 26, paragraphs 3, 4 and 5 of law 11/2007. For this purpose the registry is governed by date and time corresponding to the Peninsula, Ceuta, Melilla, Spanish and the Balearic archipelago. This will be equally applicable to whom access to the record electronic from any territory with schema different to the cited schema official.
Article 5. Voluntary nature of electronic filing.
The presentation of applications, writings and communications through the electronic register shall be voluntary, except as provided for in article 27.6 of the law 11/2007, of 22 June, being alternative to the presentation in the places designated in article 38.4 of law 30/1992, of November 26, status of public administrations and common administrative procedure.
Article 6. Proof of identity.
1. requests, writings and communications may be filed with electronic registration by interested parties or their representatives, in the terms defined in articles 30 et seq. of the law 30/1992 and in article 23 of the law 11/2007 and articles 13, 14 and 15 of the Royal Decree 1671 / 2009.
2. the identification of citizens presenting documents to the electronic register and the signature of the data and documents supplied will be made by using the electronic national identity document or any of the electronic certificates recognized and supported by the General Administration of the State, which shall appear on the page of access to the electronic record.
3. the headquarters electronic will inform on them systems of representation and of authentication and signature usable for the presentation of written before the record electronic through its applications management, with specification, in its case, of them services, procedures and procedures to which are of application.
Article 7. Eligible documents.
1 the electronic register shall be: to) requests, writings and communications submitted by natural or legal persons for services, procedures and formalities that are specified in the annex to this resolution.
The electronic register will include the up-to-date list of services, procedures and formalities that are specified in the annex to this resolution and give access to the corresponding standardized electronic forms.
(b) additional documentation requests, writing and communications, previously introduced in the electronic register of the form referred to in the preceding paragraph.
((c) any request, writing or communication other than those mentioned in previous letters, to the extent laid down in article 24.2. b) of law 11/2007.
The electronic record may reject electronic documents that are in any of the circumstances provided for in article 29 of Royal Decree 1671 / 2009.
2. the documents must be submitted necessarily by interactive filling in the forms available in the electronic register. Such forms may include data and documents attached.
Article 8. Shelter accreditation of the presentation.
After the reception of a request, written or communication, the register electronic issue, automatically, a receipt signed electronically, with the content established in the article 30.3 of the Real Decree 1671 / 2009.
Article 9. Signature electronics.
Is admitted them systems of signature electronic that is detailed in the page of access to the record electronic, according to it established in the article 10 of the Royal Decree 1671 / 2009.
Article 10. Interoperability and security.
It record electronic will have them media organizational and technical appropriate to ensure the interoperability and security of the record electronic in accordance with it planned in the Real Decree 3 / 2010, of 8 of January, by which is regulates the scheme national of security and in the Real Decree 4 / 2010, of 8 of January, by which is regulates the scheme national of interoperability.
Article 11. Accessibility.
He design of the record electronic observed them requirements of accessibility expected in the Real Decree 1494 / 2007, of 12 of November, by which is approves the regulation on them conditions basic to the access of them people with disability to them technologies, products and services related with the society of the information and media of communication social, modified by the Real Decree 1276 / 2011 , 16 September, from normative adaptation to the International Convention on the rights of persons with disabilities.
Available end first. Habilitation to the Presidency of the port authority of the Bay of Algeciras.
The President of the authority port of the Bay of Algeciras 1 empowers to adapt legislation which applies electronic registration and to modify the content of the annex to this resolution, with the authority to include or to unsubscribe, within the scope of application of the same, procedures, procedures, and communications with access to the electronic record.
2. also is empowers to the President of the authority port of the Bay of Algeciras to approve new models standard and preprinted with which make effective the exercise of rights, actions and communications.
3. in any case, the inclusion of new procedures within the scope of powers of the port authority of the Bay of Algeciras and the establishment of other standard models or the modification of the current, will be published on the website of the Agency and in its electronic site.
Second final provision. Entry in force.
This resolution shall enter into force the day following its publication in the "Official Gazette".
Algeciras, 8 of mayo of 2012.-the President of the authority port of the Bay of Algeciras, Manuel Morón Ledro.
ANNEX procedures included in the scope of the electronic register generic application: procedure allowing to submit any request, letter, or communication, and its accompanying documents, directed to the port authority of the Bay of Algeciras.
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