Sanction procedure due to failure to comply with the statistical obligations set out in Law 12/1989, of 9 May, of the Public Statistical Function
Description: this enables different individuals and companies to access the sanctioning files, in which they meet the condition of interested party, as well as to obtain copies of the documents composing the file, to submit allegations and appeals, and as pertinent, to carry out electronic payment.
Access information
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Authentication means: electronic certificates published in the electronic headquarters of the INE.
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Process information
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Body responsible: the instruction for the sanctioning proceedings corresponds to the Secretariat General of the National Statistics Institute.
Subject: statistics.
How to Initiate: officially by the Administration.
Maximum timescale for resolution and notification: 6 months.
Effects non-resolution within the timeframe: expiry.
Procedure login address: https://sede.ine.gob.es/tramite/sanciones/
SIA Code: 991596
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Regulations
- Law 12/1989 on the Public Statistical Services, of 9 May
- Fourth additional order of Law 4/1990 of 29 June on General State Budgets for 1990
- Go to the second additional order of Law 13/1996, of 30 December, Tax and Administrative and Social Measures
- Royal Decree 939/2005, of 29th July, whereby General Collection Regulations are approved
- Royal Decree 1572/1993, of 10 September, whereby the Administrative procedural regulation for penalising Offences of non-fulfilment of commitments set out inthe Law on the Public Statistical Services is established
- Real Decreto 803/2022, de 4 de octubre, por el que se aprueba el Estatuto del Organismo Autónomo Instituto Nacional de Estadística
- Law 39/2015, of 1 October, the Common Administrative Procedure of the Public Administrations
- Real Decreto 203/2021, de 30 de marzo, por el que se aprueba el Reglamento de actuación y funcionamiento del sector público por medios electrónicos
- Law 36/2006, of 29 November (BOE 30/11/2006), on measures for preventing Tax evasion, article nine of which is an amendment to section 3 of article 48 of the Law on the Public Statistical Services
Learn more
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What is the sanctioning procedure?
This is the proceeding established for sanctioning those national or foreign individuals or companies, resident in Spain, that either do not provide the information that they are obligated to supply, or provide information that is not true, exact and complete or that is provided outside of the time periods established to said effect.
Once the time period allotted for submitting said information has expired, without the interested party having provided the data required, both in time and in format, the administrative unit requiring this will repeat its request, sending the interested party a fresh notification, using any means that allows for keeping a record of its receipt. Through this, compliance with the regulatory demand will be required, and a period of fifteen calendar days will be granted, starting on the day following the date of notification, with the express warning regarding the violations and sanctions that they might incur if they do not respond to said requirement according to the terms indicated.
Upon the expiry of the aforementioned time period of fifteen days without having provided the information requested, the Administrative Unit in charge of the management of the survey will submit the background data to the body with jurisdiction regarding the initiation of the proceedings.
What are the stages in the sanctioning process?- Agreement on the initiation of the sanction proceedings. The interested party may, as pertinent, issue allegations to them within the time period of fifteen working days.
- Proposal for sanction resolution. The interested party is granted the possibility of presenting new allegations.
- Sanction resolution. This resolution marks the end of the administrative process, but the interested party may lodge an appeal for reversal, with a jurisdictional nature, against it within a one-month period. Moreover, they may file an administrative appeal within a period of two months following notification.
This allows for carrying out the following procedures:
- View the documents included in the sanction files.
- Submit allegations and appeals in the different phases of the proceedings.
- Carry out the electronic payment of the sanctions imposed.
Any of the above paperwork may be carried out through a representative, according to the purposes and requirements set out in Article 5 of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations.
Representatives must show accreditation to the INE, through any valid Legal means that provides reliable proof, or granted through the statement of the interested party in a personal appearance in the offices of the Institution, or through its electronic office. With the representation granted, the following will be agreed upon with the representative: all actions included in the sanctioning proceedings for whomever they are requested, and subsequent actions that may, as pertinent, be initiated against the interested party, insomuch as said interested party does not expressly revoke that representation.
What means may they use to make the payment?The portal enables carrying out the payment of the sanctions imposed due to failure to comply with statistical obligations, through charging a current bank account, within the time period stipulated to do so.
Receipt of any of the payments made may be viewed, and printed, once again, at any time.
Payment via charge from a current bank account
- Payments will be made securely, using the Red.es payment gateway.
- Using the Electronic Payment Service of the INE, you authorise the Red.es Public Business Entity, as the party responsible for the processing of the personal data file of the Electronic Payment Service of the INE, under the auspices of this Institute, to access the personal data included in the payment order, and send it to the financial entity to which to charge the payment, once electronically signed.
- In order to make the payment using this system, it will be necessary to be the account holder of a current bank account in BBVA bank.
- Requests for payment are signed by the client, using the @Firma client applet.
- If the signature certificate is not valid for the applet, the client must review the documentation on the applet in @Firma.
In the case that files are presented with malicious software, the file will be considered as not presented, for the purposes of performing the procedure.
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What is the sanctioning procedure?
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