Article 16 of Law 39/2015, of October 1, on the common administrative procedure of public administrations (LPACAP) determines that all public administrations (AAPP) must have a general electronic register, where s approve all the documents that are presented to the administrative bodies, public bodies or entities linked or dependent on them.

In the same sense, according to the LPACAP the AAPP must provide model forms for those interested to process their requests, prior communications, etc.

It follows from this regulation that those interested can contact the electronic register of any public administration, given that it must be interoperable and interconnected with the electronic register of the rest of the AAPP.

Currently, local bodies have at their disposal the AOC's ERES service, through which they can comply with this obligation. They can also make use of the eTRAM service, where they will find a generic instance to make requests.

On the other hand, in the face of a technical incident that prevents the normal functioning of the applications and, ultimately, the submission of the requests of the interested parties, article 32.4 of the LPACAP allows the AAPP to extend the unexpired deadlines.

In this regard, as suggested in the section on the action in the face of technical incidents that affect compliance with deadlines, it is highly recommended to draw up internal protocols to establish a response mechanism in cases such as the one raised.

Without prejudice to the above, it is true that there is the seventh Final Provision which postpones until October 2018 the entry into force of the forecasts in the matter of records, but it must be understood that it is a deadline , so that if a company, for example, goes to the electronic register of any AAPP and makes an electronic request that is addressed to an entity that does not have an electronic register, the recipient must forward it, by means available, to the receiving body.

Legal context

Law 39/2015

Article 16. Records .

"1. Each Administration must have a general electronic register, in which every document presented or received in any administrative body, public body or entity linked or dependent on them must be registered. It can also be noted the output of official documents addressed to other bodies or individuals [...]

The general electronic register of each Administration must function as a portal that facilitates access to the electronic registers of each body. Both the general electronic register of each Administration and the electronic registers of each body must comply with the guarantees and security measures provided for by the legislation on the protection of personal data.


4. The documents that interested parties send to public administration bodies can be presented:

a) To the electronic register of the Administration or body to which they are addressed, as well as to the other electronic registers of any of the subjects referred to in article 2.1.

b) At post offices, as established by regulation. c) To the diplomatic representations or consular offices of Spain abroad.

d) At the registration assistance offices.

e) In any other established by the provisions in force.

The electronic records of each and every one of the administrations must be fully interoperable, so that computer compatibility and interconnection are guaranteed, as well as the electronic transmission of registration entries and documents that are presented in any of the registers."

Article 32. Extension.

"4. When a technical incident has made the normal functioning of the system or the corresponding application impossible, and until the problem is solved, the Administration can determine an extension of the unexpired terms, and must publish on its electronic headquarters both the incident technique that has become the specific extension of the unexpired term."

Article 66. Initiation requests.

"6. When the Administration, in a specific procedure, expressly establishes specific models for the presentation of requests, these are mandatory for use by those interested."

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