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Resolution Of February 24, 2012, Of The Port Authority Of Motril, Which Creates And Regulates The Electronic Register.

Original Language Title: Resolución de 24 de febrero de 2012, de la Autoridad Portuaria de Motril, por la que se crea y regula el registro electrónico.

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The initiatives of simplification and administrative modernization that enhance the use of electronic means by the public administration in its relations with the citizens have been numerous throughout the last years and have been translated into standards of different range.

Law 30/1992, of 26 November, of a legal regime of public administrations and of the common administrative procedure, urges public administrations to promote the use and application of electronic means, computer and telematics in the development of their activity and in the exercise of their competences.

In this regard, Law 11/2007, of 22 June, of electronic access of citizens to public services, in its articles 24, 25 and 26 establishes the obligation to create electronic records for the reception and referral of requests, writing and communications. In turn, Royal Decree 1671/2009 of 6 November 2009, for which the aforementioned Law is partially developed, regulates the system of creation and the operating conditions of the aforementioned electronic registers.

In any case, the filing of these documents by electronic means is contemplated as an additional and non-compulsory route for the person concerned in the cases indicated, in accordance with the provisions of Article 6 of Law 11/2007.

In application of the aforementioned legal provisions, this resolution aims at the creation and regulation of the electronic register of the Port Authority of Motril.

The Board of Directors of the Port Authority of Motril, in its session of 2 June 2011, agreed on the creation and regulation of the electronic register of the entity for the receipt and electronic referral of applications, written and communications related to the procedures of the competence of this port authority.

This resolution has been informed by the Ministry of Public Administration's (Ministerio de Administración Electrómicas).

Article 27.1 of Royal Decree 1671/2009 provides that the creation of electronic records shall be carried out, in the case of public bodies, by resolution of the holder of the body.

In this sense, article 31.2.a) of the recast text of the Law of Ports of the State and of the Merchant Navy, approved by Royal Legislative Decree 2/2011, of 5 September, confers on the president of the Harbour Authority the role of permanently representing the port authority and its Board of Directors.

In its virtue, I resolve:

Article 1. Object and scope of application.

This resolution aims at the creation and regulation of the electronic register of the Port Authority of Motril, henceforth electronic registration, for the reception and referral, by electronic means, of applications, written, communications and accompanying documents, in the field of the procedures listed in the Annex, in accordance with the provisions of Article 24 of Law 11/2007 of 22 June 2007 on the electronic access of citizens to public services, and in Article 27.1 of Royal Decree 1671/2009 of 6 November 2009, for which the partially the aforementioned Law.

Article 2. Electronic record address.

The access of the data subjects to the electronic register will be available through the electronic headquarters of this port authority, in the address:

Article 3. Responsibilities and competent bodies.

1. The management of the electronic register corresponds to the Port Authority of Motril, will exercise it through the Directorate of the same, and by delegation, the department of General Secretariat, through the general register of the agency.

1. In no case shall the port authority be responsible for the fraudulent use which system users can make of the services provided by electronic administration. For these purposes, those users assume, on an exclusive basis, the responsibility of the custody of the elements necessary for their authentication in the access to these services, the establishment of the precise connection and the use of the signature electronic, as well as any consequences that may arise from improper, improper or negligent use of the same. It will also be the responsibility of the user to ensure the proper custody and handling of the files that are returned to him by the electronic register as an acknowledgement of receipt.

Article 4. Days and hours of operation, official date and time, calendar of non-working days, and time limits.

1. The electronic register shall allow the submission of applications, letters and communications referred to in Article 1 of this resolution for 24 hours every day of the year, without prejudice to the interruptions provided for in this Article. Article 30.2 of Royal Decree 1671/2009 where justified reasons for technical or operational maintenance are present, which shall be reported in the register itself and in the electronic seat.

2. For the purposes of electronic registration, the electronic seat shall display in a visible place:

(a) The calendar of business days, which shall be determined in the resolution published each year in the "Official State Gazette" by the Ministry of the Presidency, setting out the calendar of working days to time-frame effects in the General Administration of the State.

b) The official date and time, which will be the date and time of the transaction in the electronic register and whose timing will be performed in accordance with the provisions of article 15 of the Royal Decree 4/2010, of January 8, by the the National Interoperability Scheme is approved.

3. The calculation of time limits shall be carried out in accordance with Article 26 (3), (4) and (5) of Law 11/2007. For these purposes the registration shall be governed by the official Spanish date and time, corresponding to the Peninsula, Ceuta, Melilla and the Balearic Islands. This shall also apply to those who access the electronic register from any territory with a timetable other than the official timetable.

Article 5. The voluntary nature of electronic presentation.

The submission of applications, writing and communications by electronic registration shall be voluntary, except as provided for in Article 27.6 of Law 11/2007 of 22 June, as an alternative to the presentation in the places referred to in Article 38.4 of Law No 30/1992 of 26 November 1992 on the legal status of public administrations and the common administrative procedure.

Article 6. Identity accreditation.

1. Applications, written and communications may be submitted to the electronic register by the persons concerned or their representatives, in the terms defined in Articles 30 and following of Law 30/1992 and in Article 23 of Law 11/2007 and Articles 13, 14 and 15 of Royal Decree 1671/2009.

2. The identification of the citizen submitting documents to the electronic register and the signature of the data and documents provided shall be made by the use of the national electronic identity document or any of the certificates electronic recognised and admitted by the General Administration of the State, which shall appear on the electronic register access page.

Article 7. Eligible documents.

1. The electronic register will support:

(a) Applications, writings and communications submitted by natural or legal persons corresponding to the services, procedures and formalities specified in the Annex to this resolution.

The electronic register shall include the updated relationship of the services, procedures and formalities specified in the Annex to this resolution and shall give access to the corresponding standard electronic forms.

b) Additional documentation for applications, written and communications, previously entered in the electronic register in the form referred to in the previous paragraph.

(c) Any application, written or communication other than those referred to in the preceding letters, with the scope set out 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. Documents must necessarily be submitted by means of the interactive completion of the forms available in the electronic register. Such forms may include data and attachments.

Article 8. Proof of the presentation.

Upon receipt of an application, written or communication, the electronic record shall automatically issue a signed receipt electronically, with the content set out in Article 30.3 of Royal Decree 1671/2009.

Article 9. Electronic signature.

Electronic signature systems that are detailed on the access page to the electronic register will be permitted, as set out in Article 10 of Royal Decree 1671/2009.

Article 10. Interoperability and security.

The electronic register shall have adequate organisational and technical means to ensure the interoperability and safety of the electronic register in accordance with the provisions of Royal Decree 3/2010 of 8 January 2010. The National Security Scheme and Royal Decree 4/2010 of 8 January, for which the National Scheme of Lnteroperability is regulated, are regulated.

Article 11. Accessibility.

The design of the electronic register will observe the accessibility requirements set out in Royal Decree 1494/2007 of 12 November, as amended by Royal Decree 1276/2011 of 16 September 2011, of regulatory adaptation to the International Convention on the Rights of Persons with Disabilities, which adopted the Regulation on basic conditions for the access of persons with disabilities to technologies, products and services related to the information society and social media.

Final disposition first. Enablement to the Directorate of the Port Authority of Motril.

1. The Director of the Port Authority of Motril is empowered to adapt the electronic register to the applicable rules and to amend the content of the Annex to this resolution, with the powers to include or to discharge, within the scope of application of the same, procedures, formalities and communications with access to the electronic register.

2. The Director of the Port Authority of Motril is also empowered to approve new standard and pre-printed models with which to make the exercise of rights, actions and communications effective.

3. In any case, the inclusion of new procedures within the scope of competences of the Harbour Authority of Motril and the establishment of other standard models or the modification of the current ones, will be published on the web of the agency and in its electronic headquarters.

Final disposition second. Entry into force.

This resolution shall enter into force on the day following that of its publication in the "Official State Gazette".

Motril, February 24, 2012. -President of the Port Authority of Motril, Angel Diaz Sol.


Procedures included in the application scope of the electronic record

The procedures that can be initially processed through the Electronic Register of the Motril Port Authority are:

Administrative authorization.

public Domain Authorization.

General Instance.

Complaints and Suggestions.

Claim for Heritage Liability.