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Resolution Of 3 Of February Of 2012, Of The Authority Port Of Ferrol-San Cibrao, By Which Is Creates The Record Electronic Of The Entity.

Original Language Title: Resolución de 3 de febrero de 2012, de la Autoridad Portuaria de Ferrol-San Cibrao, por la que se crea el registro electrónico de la entidad.

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TEXT

Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, promotes the use and application of techniques and electronic means in the Administration, After the adoption of the Directive, the Commission has decided to extend this provision, namely Royal Decree No 209/2003 of 21 February 2003, which regulates the registers and telematic notifications, and the use of telematic means for the replacement of the contribution of certificates by citizens, until, finally, the Law 11/2007 recognizes the right of citizens to interact electronically with the Administration for the exercise of the rights provided for in art. 35 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Law 11/2007, of June 22, of electronic access of citizens to Public Services, regulates the legal regime of electronic administration by covering the Third Chapter of Title II on Records, Electronic Communications and Notifications.

In this regard, Law 11/2007, of June 22, establishes in its article 24 the obligation to the Public Administrations to create electronic records for the reception and remission of requests, writings and communications.

On the other hand, art. 27 of Royal Decree 1671/2009, of 6 November 2009, for which the Law 11/2007, of 22 June, of electronic access of citizens to Public Services is partially developed, regulates the creation of electronic registration establishing that " electronic records shall be created by Order of the corresponding Minister or Resolution of the holder of the Public Body, which shall be published in the Official Gazette of the State, " determining the minimum content of this standard of creation.

In application of the aforementioned legal forecasts, the Board of Directors of the Port Authority of Ferrol-San Cibrao, in its session dated November 2, 2011, agreed to create and regulate the Electronic Registry of the Entity.

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

In its virtue, I resolve:

1. Object and scope of application

This resolution aims to create and regulate the Electronic Registry of the Port Authority of Ferrol-San Cibrao for the reception, referral and processing of applications, written and communications regarding the formalities and procedures included in the Annex, which are submitted and issued by electronic means, without prejudice to the right of the person concerned to submit his applications, letters and communications in any of the registers to which the Article 38 (4) of Law No 30/1992 of 26 November 1992 on the legal system of administrations Public and the Common Administrative Procedure.

The general electronic register created in this Resolution extends to the receipt of requests, writings and communications addressed to all the organs belonging to the Port Authority of Ferrol-San Cibrao and to the all the departments or functional areas in which the Port Authority of Ferrol-San Cibrão is structured for the provision of its services in the management of the ports of Ferrol and San Cibrão.

In no case will the corporate email mailboxes assigned to employees or to the various units and organs, as determined by the articles 27.3 and 27.4 of the Royal, be taken into account by electronic registration. Decree 1671/2009.

2. Identify the electronic reference address of the Electronic Registry

Those interested in accessing the Electronic Registry will do so through the website's e-mail address, https://sede.apfsc.gob.es, which can be accessed from www.apfsc.es.

This address will provide an up-to-date relationship of the applications, writings and communications that may be presented in the register, as well as a relationship of media, media and IT applications, electronic and Compatible telematics through which the receipt and departure of applications, written and communications between the Port Authority and any natural or legal person may be effected.

3. Organ or Unit responsible for the management of the electronic register

In any case, the holder and body responsible for the management of the electronic register will be the Port Authority of Ferrol-San Cibrao, which, through the agreements that in its case correspond and, in particular, those referring to its internal organization, may modify with the ability to include or discharge, within the scope of this Resolution, procedures or procedures with access to electronic registration.

The modifications referred to in the preceding paragraph will be published in the Electronic Headquarters of the Entity.

4. Access and operation of the Electronic Register

The access of the data subjects to the electronic register will be done through the address of the electronic headquarters https://sede.apfsc.gob.es.

According to the provisions of article 26.2 of Law 11/2007, of June 22, of electronic access of citizens to the Public Services the electronic register will allow the submission of applications, written and communications every day of the year for 24 hours, without prejudice to the interruptions provided for in Article 30.2 of Royal Decree 1671/2009 of 6 November 2009, where justified reasons for technical or technical maintenance are present. operation, which shall be reported at the site.

In the electronic headquarters of the Port Authority of Ferrol-San Cibrao will publish the calendar of business days as well as the official date and time for the term of the electronic registration.

For the purposes of calculating time-limits, the presentation on an indeft day shall be understood as the first hour of the following first business day.

The official date and time will be those of the Electronic Headquarters. The timing of the date and time of the headquarters of the Port Authority of Ferrol-San Cibrao will be carried out with the Royal Institute and Observatory of the Navy, in accordance with the previewed on the legal hour in the Royal Decree 1308/1992, of 23 of October, for which it is declared to the Laboratory of the Royal Institute and Observatory of the Navy, as a laboratory depository of the national pattern of Time and laboratory associated to the Spanish Center of Metrology and, where possible, with the official time to European level.

5. Eligible documents

The standard electronic documents supported by the electronic register shall be approved and, if necessary, amended by the Port Authority of Ferrol-San Cibrão.

General electronic logging will support:

(a) Standard electronic documents, presented by natural or legal persons corresponding to the services and procedures and procedures of the Port Authority of Ferrol-San Cibrão published in the electronic headquarters.

b) Any request, written or communication other than those referred to in the previous paragraph, addressed to all the organs and departments that compose the Port Authority of Ferrol-San Cibrão.

(c) By signing collaboration agreements with other public administrations, registration may be provided for the receipt of applications, written and communications from the authority of the administration to be determined in the corresponding convention.

The procedures for managing procedures may support or require the submission of electronic documents attached to the standard form, in this case enabling the pathways to be provided.

The electronic record may reject the electronic documents submitted to them in the cases and under the conditions set out in Article 29 of Royal Decree 1671/2009.

6. Supporting documentation media

The electronic register may, on the initiative of the persons concerned or on the basis of a prior request, provide additional documentation to a previously submitted communication, written or application provided that it is comply with the format standards and security requirements to be determined in the National Interoperability and Safety Schemes.

Documents not available in electronic form and which, by their nature, are not liable to contribute using the digitised copy procedure provided for in Article 35.2 of Law 11/2007, of 22 June, may to be incorporated through the routes provided for in Article 38.4 of Law No 30/1992 of 26 November, within 10 days of the submission of the corresponding electronic form. Failure to comply with this time limit for the provision of supplementary documentation may give rise to its requirement in accordance with Article 71 of Law No 30/1992 of 26 November.

7. Proof of submission of applications, writing and communications

The Registry will automatically issue a signed receipt electronically, through one of the signature systems of article 18 of Law 11/2007, of June 22, with the following content:

a) A copy of the written, communication or application submitted, the literal reproduction of the data entered in the submission form being admissible for these purposes.

b) Presentation date and time and log entry number.

c) Where appropriate, enumeration and appellation of the documents attached to the filing form or document filed, followed by the electronic fingerprint of each of them.

(d) Information of the maximum time limit set for the resolution and notification of the procedure, as well as the effects of the administrative silence, where it is automatically determinable.

8. Functions of the registration of the Port Authority of Ferrol-San Cibrao

(a) The receipt and referral of requests, writing and communications relating to the procedures and procedures that correspond to their standard of creation, and of the accompanying documents, as well as the issuance of the receipts necessary to confirm the receipt in the terms provided for in Article 25 of Law 11/2007, of June 22.

b) The electronic referral of letters, applications and communications to the persons, organs or units addressed in the terms of Royal Decree 1671/2009 and Article 24.2.b) of Law 11/2007, of 22 June.

c) The annotation of the corresponding input and output seats.

d) Functions of constancy and certification in cases of litigation, discrepancies or doubts about the receipt or referral of requests, writing and communications.

9. Identity accreditation

(a) Applications, writings 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, of 26 of November, the Legal System of Public Administrations and the Common Administrative Procedure.

(b) The signatory of the document may prove his/her identity to the register by electronic signature by means of the procedure provided for in Article 22 of Law 11/2007 of 22 June.

c) The Electronic Headquarters of the Port Authority of Ferrol-San Cibrao will report on the systems of representation and authentication and electronic signature usable for the presentation of written before the registration of the entity.

10. Interoperability and security

The electronic register will have the appropriate organizational and technical means to ensure interoperability and safety in accordance with the provisions of Royal Decree 3/2010 of 8 January, which regulates the scheme National Security and Royal Decree 4/2010, of 8 January, for which the National Interoperability Scheme is regulated.

11. Operation of the Electronic Register

The Electronic Record that is created by this Resolution will begin to operate at the time the holder determines, once it is published in the Official State Gazette.

Ferrol, February 3, 2012. -President of the Port Authority of Ferrol-San Cibrão, Angel M. del Real Abella.

ANNEX

Relationship of procedures admitted in the Electronic Registry of the Port Authority of Ferrol-San Cibrao

a) Generic form for any request or suggestion not subject to procedure.

b) Concessions and Authorizations Procedures.

c) Port Services Procedures.

d) Claims of Patrimonial Liability.

e) Electronic Billing.

f) Sanctions.

g) Hiring Procedures.