First. Nature, legal status and organisation of the National Postal Sector Commission.

The National Commission of the Postal Sector has been created by Law 23/2007, of 8 October (hereinafter Law 23/2007), as regulatory body of the postal sector, in order to ensure its transparency and good functioning and for the compliance with the requirements of free competition and is configured as a public body, with its own legal personality and full capacity to act, as provided for in Law 2/2011, of Sustainable Economy (hereinafter Law 2/2011).

Law 23/2007, establishes in Article 2 that the National Commission of the Postal Sector will be governed by the provisions of this Law, in its provisions of development, in postal legislation and in Law 2/2011, of Sustainable Economy and adds that it will also apply to it Law 47/2003 of 26 November, General Budget, Law 30/1992, of 26 November, of Legal Regime of Public Administrations and of the Common Administrative Procedure, in the exercise of the public functions assigned to it by the Law and Law 6/1997 of 14 April of the Organization and Operation of the General Administration of the State, with a supplementary nature.

With regard to the organisation, Article 3 of that Law 23/2007 provides that " The Commission shall exercise its functions through a Council, which shall be responsible for those laid down in the postal legislation and in Law No 2/2011, "Sustainable Economy". In turn, the aforementioned Law on Sustainable Economy states in Article 11 that "Regulatory Bodies shall exercise their functions through a Council" and, thereafter, Article 12 (1), when referring to the Council and its President, indicates " The Council is the collegiate body of decision in relation to the functions attributed to the Regulatory Body, without prejudice to the delegations that it may agree. Among its inselectable faculties are the approval of the Agency's budgets, and its annual memory and annual or multiannual plans for action in which its objectives and priorities are defined, as well as, if it has (a) the functions of arbitration and the power to issue instructions of a general nature to the market players subject to regulation or supervision in each case. "

For its part, the Implementing Regulation of Law 23/2007, of 8 October, of the creation of the National Commission of the Postal Sector, approved by Royal Decree 1920/2009, of 11 December, establishes in Article 27 that " The Commission National of the Postal Sector shall be governed by a Governing Council, which shall be responsible for the exercise of all the functions laid down in Article 7 of Law 23/2007, of 8 October. "

Second. Legal status of delegation, revocation and endorsement of powers.

Article 12.1 of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure (Law No 30/1992) states that ' competition is indispensable and it is it shall be exercised by the administrative bodies which are assigned to it as their own, except for cases of delegation or endorsement, where they are carried out in accordance with the terms laid down in this or other laws. '

The possibility of a delegation referred to in the first paragraph of Article 12 (1), which is developed in more detail in the following Article 13 (1), which states that " The bodies of the different General government may delegate the exercise of powers conferred on other bodies of the same administration, even where they are not hierarchically dependent, or to related or dependent public law entities of those ". In addition, paragraph 2 of this Article lays down the powers which cannot be delegated to it, in other words that ' in no case may the powers of the delegation be delegated to

(a) The matters relating to relations with the Head of State, Presidency of the Government of the Nation, General Cortes, Presidencies of the Councils of Government of the Autonomous Communities and Legislative Assemblies of the Autonomous Communities.

b) The adoption of general provisions.

c) The resolution of resources in the administrative bodies that have issued the acts object of appeal.

d) The matters in which this is determined by law with the rank of Law ".

Therefore, with the exception of the powers provided for in Article 13 (2) of Law No 30/1992 and Article 12.1 of Law No 2/2011, which cannot be delegated, the Council may agree to the delegation of its powers in the President or any other body of the Agency, which may be recovered by revocation or endorsement of the same, as provided for in Article 13 (6) and Article 14 of Law No 30/1992.

Third. On the delegation of powers to be held within the National Commission of the Postal Sector and the validation of certain acts dictated therein.

A) Delegation of powers to the President of the Commission.

(a) Opening of periods of prior information: Article 69.2 of Law 30/1992, in relation to the initiation of administrative procedures, provides for the possibility that, prior to the initiation agreement, it may be possible agree the opening of a period of prior information in order to ascertain the circumstances of the specific case and whether or not to initiate the procedure, as regards the distribution of tasks entrusted to the various Commission departments, it is considered appropriate to delegate to the President the agreement for the Prior information to be provided by the Department that is deemed appropriate.

b) Adoption of inspection arrangements: Article 18 of Law 23/2007 provides that the Commission shall exercise its power of inspection on all activities covered by Law 24/1998 of 14 July 1998 on the development of postal operators (currently Law 43/2010, of 30 December, of the universal postal service, of the rights of users and of the postal market-hereinafter Law 43/2010-), in which Article 52 it is established that the National Commission of the Sector Postal service will exercise the competence of inspection and sanction in relation to the postal market in accordance with the provided for in its specific rules and in this Title.

On the other hand, Article 12 of the Rules of Procedure for the exercise of sanctioning powers, adopted by Royal Decree 1398/1993 of 4 August 1993, provides that prior to the initiation of the procedure sanctioning, prior action may be carried out in order to determine on a preliminary basis whether or not circumstances warrant such initiation. According to the aforementioned article, these actions will be carried out by the bodies that have assigned functions of investigation, investigation and inspection in the field.

With regard to the exercise of the inspection duties and the previous actions mentioned above, it is appropriate to delegate to the President the adoption of the corresponding commencement agreement for the conduct of the inspections and the prior action by the Department of Inspection attached to the Commission.

c) Information requirements for postal market operators: In various articles of Law 43/2010, postal operators are required to provide certain obligations to provide information on different aspects of their postal services. activities, sometimes related to the postal services they provide, with aspects of an economic nature of the business or other activity and whose non-compliance could result in the requirement of administrative responsibilities in accordance with the postal regulations.

To this end, Article 6 of Royal Decree 1920/2009 states that " The National Commission of the Postal Sector may collect as much data and information as it requires for the exercise of its functions of the companies that provide its services. on the postal market, which will be required to supply it in time, and in particular the data or information necessary for the processing and resolution of the procedures requested of them. "

On the basis of the above, it is appropriate to delegate to the President the request for information in those cases where this power may correspond to the Council of the Commission, irrespective of the power which is attached to the Postal inspection in the exercise of the inspector's function which is correlated with the obligation of collaboration with the postal service providers with the Postal Inspection to provide them with data, information or documents which they are required in the exercise of the inspector's function and the remaining ones that may also be specifically referred to for the exercise by the other bodies of the Commission.

(d) Law 43/2010 provides in Article 37 that the provision of postal services shall be carried out under free competition without any limitations other than those laid down in this law and its implementing rules, postal services, on the basis of the conditions required for their benefit, in the following categories:

(a) Services included in the scope of the universal postal service, in accordance with the provisions of Article 21 of this Law.

b) Services not included in the scope of the universal postal service.

Moreover, the same law provides in Article 39 that all administrative situations, as well as data relating to postal service providers, must be registered in the General Register of Companies. Postal Services, which will depend on the National Commission of the Postal Sector and will have a public character, indicating below that the registration in the Registry, as well as the annual renewal of the same, will be practiced ex officio by the National Commission of the Postal Sector on the basis of the information contained in the declaration or, where appropriate, the individual administrative authorisation, in accordance with the arrangements applicable to the service provided.

The registration in the Registry of postal services companies, in the event that they are intended to provide services that are not included in the universal postal service, for which no authorization is required (a) special administrative arrangements shall be made on the basis of the responsible declaration submitted by the parties concerned.

By virtue of all the above, it is considered appropriate to delegate to the President the registration in the corresponding section of the General Register of Companies of Postal Services of the data relating to the holders of the responsible statements to be submitted for the provision of postal services not covered by the universal postal service, with the exception of the reasoned decision to be issued in order to decide on the deprivation of validity and effectiveness, when note that the required requirements are not met.

B) Delegation of powers to the Secretary-General of the Commission: Rectification of material errors, in fact or arithmetic.

Article 105.2 of Law 30/1992 establishes within the chapter on the ex officio review of administrative acts the possibility that " Public Administrations may also rectify at any time, on their own initiative or at the request of the parties concerned, the material errors, in fact or arithmetic, in their acts ".

In accordance with the provisions of this provision, within the National Commission of the Postal Sector, it would be up to the Council to make corrections to the material, arithmetic or factual errors of the Resolutions and acts of procedure adopted in the exercise of the powers conferred on it.

In addition, to the extent that the Resolutions adopted by the Council end the administrative route (Article 22 of Law 2/2011 and 7.1 of Law 23/2007), as there is no hierarchical superior body that can review them, it is the the same body that approves the resolutions, which can review its own acts and therefore rectify the errors that exist in them.

The rectification of errors would not, in any case, lead to a review as to the substance of the resolutions or acts adopted in the exercise of the powers that correspond to the Council of the Commission, with the In order to avoid the legal uncertainty which may be assumed by the parties concerned to notify them or those prior to their rectification, it is considered appropriate to delegate the exercise of the competence to carry out the corrections of material, arithmetic or factual errors referred to in Article 105.2 of the Law 30/1992 at the Secretary-General of the Commission, as Secretary of the Council.

Fourth. Validation of certain acts delivered within the Commission.

The last of the points of this Agreement refers to the validation of certain acts which have been dictated by an incompetent body, related to the agreements for the realization of Prior Information and Acts. Previous and information requirements for postal operators.

Article 67 of Law 30/1992 establishes that the Administration may validate the acts that are nullified, subsating the vices of the suffering. Taking into account that the exercise of jurisdiction by an organ which is not competent only determines the nullity of full right when such incompetence is manifest by reason of matter or territory (Article 62.1 b) of the Law 30/1992), in the rest of the cases it will constitute a vice of nullability (Article 63 of Law 30/1992) which is therefore capable of being validated.

As the Council has jurisdiction to decide on the initiation of the acts referred to above, it is necessary by means of this Agreement to validate, pursuant to Article 67 of Law No 30/1992, all acts adopted by the Council. the President of the Commission, prior to the adoption of this Agreement, concerning the carrying out of previous information and previous actions and requests for information to postal operators,.

In these cases, it is up to the Council of the Commission, in so far as it is the body which has the power of competence, to delegate its exercise to other bodies. Furthermore, as regards the validation of the acts or resolutions which have been delivered by the President of the Commission, without the corresponding delegation having been made, it is for the same body to carry out the validation. the ownership of the competition.

In the light of the above, the Council of the National Commission of the Postal Sector, in the field of its competences, and in accordance with the provisions of Article 13 of Law 30/1992, of 26 November, of the Legal of the Public Administrations and of the Common Administrative Procedure, the Additional Disposition of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State and in Article 3 of the Law 23/2007, of the creation of the National Commission of the Postal Sector, resolves:

First. Delegate to the President of the National Commission of the Postal Sector the exercise of the following powers:

(a) Agree to the opening of the Prior Information, in order to ascertain the circumstances of the case and whether or not to initiate the procedure, which must be carried out by the Department of the Commission, is decided.

b) Adopt the commencement agreement for the conduct of the inspections and previous actions by the Department of Inspection attached to the Commission.

(c) To carry out the information requirements to the postal market operators referred to in Article 6 of Royal Decree 1920/2009 of 11 December, which are not explicitly attributed to another body of the postal market. Commission.

(d) The entry in the corresponding section of the General Register of Postal Service Companies of the data relating to the holders of the responsible statements to provide services postal services not included in the scope of the universal postal service, with the exception of the reasoned decision to issue in order to decide on the deprivation of validity and effectiveness, where it is noted that the required requirements are not met.

Second.

Delegate to the Secretary-General of the National Commission of the Postal Sector, as Secretary of the Council, the exercise of the competence to carry out, in accordance with the provisions of Article 105.2 of Law 30/1992, the rectification of material, arithmetic or factual errors in the decisions or acts adopted by the Council of the Commission.

Third.

Validate the Resolutions dictated by the President of the National Postal Sector Commission in the procedures for the performance of previous information and previous actions, as well as the information requirements made to postal operators prior to the entry into force of this Agreement.

Final disposition.

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

Madrid, November 2, 2011. -President of the National Commission of the Postal Sector, Rosa Isabel Aza Rabbit.