The law 30 / 1992, of 26 of November, of regime legal of them administrations public and of the procedure administrative common urged to them administrations public to promote the employment and the application of them technical and media electronic e computer for the development of its activity and in the exercise of its powers.
He article 45 of the law 30 / 1992, of 26 of November, of regime legal of them administrations public and of the procedure administrative common, arranged that them administrations public will boost the employment and application of technical and media telematics for the development of its activity and the exercise of their competencies, enabling is of equal form that them citizens, when is compatible with them media technical available they can interact with administrations through techniques and media electronic and computer, always according to the requirements and guarantees provided for in each procedure.
Law 11/2007, of 22 June, electronic access of citizens to public services, contained in its articles 24 to 26, a new regulation of electronic records for the receipt and referral of requests, written and communications.
Moreover, the Real Decree 1671 / 2009, of 6 of November, by which is develops partially the law 11 / 2007, of 22 of June, dedicated the title IV to the regulation of the conditions of operation of them cited records electronic and determines, specifically in the article 27.1, that them records electronic is will create through order of the Minister corresponding or resolution of the holder of the body public establishing the minimum content of these rules, which shall be published in the «Official Gazette».
Of another part, this Commission has created previously the headquarters electronic of the Commission national of the Sector Postal, through resolution of 15 of February of 2012, posted in the Bulletin official of the State of the 12 / 03 / 2012.
The National Commission of the Postal Sector has been created by law 23/2007, of October 8, that sets it in its article 1, according to the wording given to it by the law 2/2011, March 4, sustainable economy, as a public body, with legal personality and full capacity to act, than those provided for in the law 2/2011 , sustainable economy.
At the same time, article 3 of law 23/2007, establishes that the Commission shall exercise its functions through a Council, which shall carry out the established in postal legislation and the law 2/2011, sustainable economy.
In application of them cited forecasts legal, the present resolution has by object the creation and regulation of the record electronic of the body public «Commission national of the Sector Postal», enabled for the reception and referral of requests, written and communications presented electronically, related with certain procedures that is specified in the annex. In any case, the presentation of these documents by electronic means is seen as via additional and not mandatory for the person concerned.
Based on the above, the Council of the Commission national of the Sector Postal, resolves: first. Object and scope of application.
1. the resolution aims to the creation and regulation of the registration electronic of the Commission national of the Sector Postal, for the reception and referral, by electronic means, of applications, writing and communications, as provided in article 24 of the law 11/2007, of 22 June, of electronic access of citizens to public services and the Royal Decree 1671 / 2009 , dated November 6, whereby the Act is partially developed.
2. in addition, determine the conditions and requirements for the electronic filing and processing of the writings, applications and communications that arise before the said Commission, related procedures and actions specified in the annex.
3. in all case, will result of application it willing in the Real Decree 1671 / 2009, of 6 of November and in the Real Decree 772 / 1999, of 7 of mayo, by which is regulates the presentation of requests, written and communications before it Administration General of the State, the expedition of copies of documents and returns of original and the regime of the offices of record.
4. in no event will have the condition of electronic registration, mailboxes of corporate email assigned to various units of the National Commission of the Postal Sector. Not taken consideration of electronic registration devices of faxing, except for the cases expressly provided for in the legal system.
5. it willing in this article is understands without prejudice of the right of the interested to present their requests, written and communications in any of them records to which is concerns the article 38.4 of the law 30 / 1992, of 26 of November, of regime legal of the administrations public and of the procedures administrative common.
Second. Creation of the electronic registry of the National Commission of the Postal Sector.
1. on the application of articles 24 and 25 of law 11/2007, of 22 June, electronic access of citizens to public services, creates the registry electronic of the Commission national of the Sector Postal for the reception and referral requests, writings, and communications that are submitted and sent by electronic means in the field of procedures and actions included in the annex to the present resolution.
2. the body responsible for the management of the electronic record is the Secretary General of the Commission national of the Sector Postal.
Third party. Access to the register electronic, calendar and date and time official.
1. the access of them interested to the register electronic is held through the address electronic «https://cnspostal.gob.es» of the headquarters electronic of the Commission national of the Sector Postal. In this address is will find a relationship updated of the requests, written and communications that can present is in the record.
2. the electronic register will allow the presentation of applications, writing and communications during the twenty-four hours of every day of the year, subject to interruptions, provided for in article 30.2 of the Royal Decree 1671 / 2009, dated November 6, when there are justified reasons of technical or operational maintenance, which will be informed on the record itself and in the electronic office.
3. for the purposes of timely electronic headquarters will show equally visible place, non-working days calendar concerning their procedures and formalities, which will be determined in the annual resolution published in the «Official Gazette», pursuant to article 48.7 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure. Pursuant to article 26.1 of the law 11/2007, of 22 June, the date and time to compute the annotations of the electronic register will be electronic access Headquarters officer. Also equally conspicuous displays the date and time.
4. to them effects of computation of term, the reception in a day unqualified is means made in the first hour of the first day skillful following, unless a standard allows expressly the reception in a day unqualified.
Room. Proof of identity and representation.
1 applications, writing and communications may be submitted to the electronic registration by interested parties or their representatives, in the terms set out in articles 30 et seq. of the law 30/1992, of 26 November.
2. the signer of the document may be credited their identity before the electronic record by electronic signature, or through the staff of the National Commission of the Sector Postal duly authorized, under the procedure laid down in article 22 of law 11/2007, of 22 June.
3 electronic headquartes of the National Commission of the Postal Sector will report on representation and systems of authentication and signature can be used for the presentation of briefs to the electronic registry, through its management applications, specifying, where appropriate, services, procedures and formalities to those which are applicable.
When the representation is not accredited or cannot be presumed, this accreditation will be required via the corresponding.
Fifth. Eligible documents.
1. the electronic register will only be enabled for the reception and referral of writings, applications and communications submitted by via telematics with regard to the formalities and procedures included in the annex of this resolution or version appearing up-to-date at all times, in the access to the same address.
2. the electronic record may reject electronic documents that are in any of the circumstances provided for in article 29 of Royal Decree 1671 / 2009, of 6 November.
6th. Acknowledgement of receipt.
1. after the reception of a request, written or communication, the record electronic will issue, automatically, a receive signed electronically, that can be printed, in which consist them data provided by the interested, the date and time in that such presentation is produced, the number of registration of entry and others contained chords with it established in the article 30.3 of the Real Decree 1671 / 2009 , of 6 of November.
2. the acknowledgement of receipt may indicate that it does not prejudice the final admission of the writing if you attend any of the causes of rejection referred to in this resolution.
Seventh. Attached to applications, briefs or communication or additional documentation.
1. requests, writings or communications may incorporate complementary or attachments, documents submitted, either on its own initiative, or on the basis of a prior requirement.
2. the formats of electronic documents and electronic images of documents will be established within the framework of the national interoperability scheme. Based on software tools and means of communication available, you can limit the maximum length of the complementary to present in a single session files.
3. them documents not available in format electronic and that, by its nature, not are susceptible of contribution using the procedure of copy digitized intended in the article 35.2 of the law 11 / 2007, of 22 of June, may incorporate is through them way planned in the article 38.4 of the law 30 / 1992, of 26 of November, in the term of ten days from the presentation of the corresponding form electronic. It breach of this term for the contribution of the documentation complementary, can give place to your requirement according to it willing in the article 71 of the law 30 / 1992, of 26 of November.
4. the electronic record may reject electronic documents that are in any of the circumstances provided for in article 29 of Royal Decree 1671 / 2009, of 6 November.
5 provided that it is carried out the presentation of electronic documents separately to the main form, the interested party shall mention the number or registration code individualized enabling to identify the record which should be valid.
Eighth. Interoperability and security.
He record electronic will have them media organizational and technical appropriate to ensure the interoperability and security, in accordance with it planned in the Real Decree 3 / 2010, of 8 of January, by which is regulates the scheme national of security in the field of it administration electronic and in the Real Decree 4 / 2010, of 8 of January, by which is regulates the scheme national of interoperability in the field of the Administration electronic.
Ninth. Development and implementation powers.
Is empowers to the Presidency of the Commission national of the Sector Postal for adopt, within the field of their competencies, them measures that are necessary for the development and execution of the present resolution, as well as the inclusion of new procedures and procedures to which will be of application it willing in this resolution. In any case, admission of new procedures and formalities, or the updating of existing ones, will be disseminated through the website: https://cnspostal.gob.es.
Tenth. Entry into force.
This resolution shall enter into force the day following its publication in the "Official Gazette".
Madrid, 11 April 2012.-the President of the Commission national of the Sector Postal, Rosa Isabel Aza rabbit.
ANNEX list of procedures and allowable administrative procedures through the electronic registry of the National Commission of the Postal Sector - attention to the citizen.
● Claims and complaints: submitted by the users of the postal services to postal operators, in cases of loss, theft, destruction, damage or non-compliance of the quality of the service, or any breach associated with the provision of postal services, as well as for breach of the obligations of postal operators.
-General register of postal service providers companies, in which shall be entered all administrative situations, as well as data relating to postal service providers.
The registration in the register, as well as the annual renewal of the same, shall be ex officio by the National Commission of the Postal Sector from the information contained in the responsible declaration or, where appropriate, in the singular administrative authorization, according to the regime applicable to the service provided.
● Unique administrative approval: to provide postal services fall within the scope of the universal postal service.
● Responsible statement: to provide postal services not included in the scope of the universal postal service.
● Issuance of registration certificates.
● Payment of rates.
● Renewal of registration in the General Register of companies providers of postal services.