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Order Pre/261/2010, Of 29 January, Which Regulates The Ministerial Committee On Electronic Administration Of The Ministry Of The Presidency.

Original Language Title: Orden PRE/261/2010, de 29 de enero, por la que se regula la Comisión Ministerial de Administración Electrónica del Ministerio de la Presidencia.

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TEXT

Royal Decree 589/2005, of 20 May, for which the collegiate bodies responsible for the Electronic Administration are restructured, determines in Article 8 the regulation of the Ministerial Commissions of Administration Electronics.

On the other hand, the entry into force of Royal Decree 1039/2009, of 29 June, for which the basic organic structure of the Ministry of the Presidency is developed and the Royal Decree 438/2008 is amended, of 14 April, for which the basic organic structure of the ministerial departments is approved, makes it necessary the adequacy of the Ministerial Commission of Electronic Administration of the Ministry of the Presidency, regulated in its composition and functions by Order PRE/130 0/2006 of 28 April 2006 establishing the Ministerial Committee for Electronic Administration of the Ministry of the Presidency and its composition and functions are regulated, to the new structure of the Department.

In his virtue, and in the use of the faculties attributed by art. 12 of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, I have:

Article 1. Object.

1. This Order regulates the Ministerial Commission of Electronic Administration of the Ministry of the Presidency, which is set up as a collegiate body responsible for the internal coordination of the policy of the Department in the field of information and electronic administration, as well as liaison and collaboration with the Higher Board of Electronic Management and its Specialized Commissions.

2. The Ministry of the Presidency's Ministry of Electronic Administration is attached to the Department's Secretariat and its scope of action will cover all the organs of the Ministry, and Autonomous Bodies attached to it. Support to the Commission shall be given to the General Sub-Directorate of Information Systems under the Directorate-General for Human Resources, Services and Infrastructure.

Article 2. Composition.

1. The Ministerial Committee on Electronic Administration of the Ministry of the Presidency acts in plenary and in the Standing Committee.

2. The plenary session will have the following composition:

(a) Presidency: The holder of the Secretariat of the Ministry of the Presidency.

b) Vice Presidency:

First Vice Presidency: The head of the Directorate-General for Human Resources, Services and Infrastructure.

Second Vice-Presidency: The head of the Directorate-General for Coordination and Administration of Peripheral Services.

Third Vice-Presidency: The head of the General Directorate for the Impulse of the Electronic Administration.

c) Vocalias:

The person holder of the General Information Systems Subdirection.

The holder of the Peripheral Administration Information Technology General Subdirection.

The head of the Computer Subdirectorate of the General Secretariat of the Presidency of the Government.

A person representing the General Directorate for the Electronic Administration's Impulse with the rank of General Subdirection holder.

d) They shall also act as members of a person with the rank of either General Subdirectorate General or assimilated, representing each of the following bodies and bodies:

Cabinet of the Vice President of the Government.

Secretary of State for Constitutional and Parliamentary Affairs.

Secretary of State for Communication.

Secretary of State for the Civil Service.

Superior Council of Sports.

National Heritage Management Board.

Center for Political and Constitutional Studies.

Center for Sociological Research.

General mutual state of civil servants.

National Institute of Public Administration.

Infrastructure and Tracking Department for Crisis Situations.

e) Secretariat: The holder of the General Information Systems Subdirectorate who will have a voice and vote. In the event of absence, the voice designated by the Commission shall exercise its functions.

(f) The Commission may convene, depending on the nature and relevance of the matters to be addressed, representatives of the State Agencies attached to the Department who will attend with a voice but without a vote.

The Vowels referred to in the last paragraph of point (c) and in point (d) shall be designated by the Department's Sub-Secretariat, on a proposal from the persons holding the relevant bodies and bodies.

3. The Chair of the Ministerial Committee on Electronic Administration may designate as a member of the plenary session or the Permanent Chair an adviser to the Secretariat on Information Technology.

4. The Standing Committee shall have the following composition:

a) Presidency: The head of the Directorate-General for Human Resources, Services and Infrastructure.

b) Vice-Presidency: The holder of the General Information Systems Subdirectorate.

(c) Vocalians: A person representing each of the bodies and bodies represented in the full Commission with voice and vote, appointed by the Department's Secretariat.

d) Secretariat: The holder of the Deputy General Information Systems Subdirectorate.

For each Vocal and for the same procedure as for the holders a alternate Vocal will be appointed, which must be an official belonging to Subgroup A1.

Vowels may attend meetings of the Permanent Commission accompanied by officials who are experts in the matters to be dealt with, on a proposal from their management body, as advisers.

Article 3. Functions of the plenary and of the Standing Committee.

The plenary session of the Ministry of the Presidency's Ministry of Electronic Administration will have the following functions:

(a) Approve the Department's Strategic Plan for Information Technology and Electronic Administration, based on the proposals of the various bodies and autonomous bodies concerned, and raise it, through its chairman, for his report by the plenary session of the Board of Governors, in accordance with the provisions of Article 4.1.b of Royal Decree 589/2005 of 20 May 2005.

b) To monitor, at the Department's level, compliance with the guidelines and follow up the guidelines for action agreed by the Board of Governors of the Board of Governors.

c) Any other function assigned to it by applicable regulations.

The Standing Committee will have the following functions:

(a) To process and to send to the Standing Committee of the Board of Governors the memory and the specifications of the technical requirements of the files subject to technical report, as provided for in the Article 10 (1) (a), (b) and (c) of Royal Decree 589/2005, 20 May.

(b) To issue, in relation to the procurement files in the field of information technology, the following reports:

The technical report of the memory and the documents of administrative clauses and technical prescriptions, as well as of the necessary technical reports and documentation of those contracts that are not subject to the mandatory report of the Standing Committee of the Board of Governors.

The technical report of the memory of the contracts for the centralized acquisition of goods and services in the field of information technologies made under the Law 30/2007, of October 30, of Public Sector Contracts.

The technical report of the memory and the specifications of administrative clauses and technical requirements of the contracts for maintenance, preservation, repair and updating of physical and logical equipment that have Provided for in the relevant Departmental Strategic Plan reported by the Full Council of Electronic Management Board.

The Commission itself may establish criteria, relating to the budget of the contract or some characteristic of the contract, under which it may be exempted from the report, giving the Commission further notice in the next occasion to meet.

c) Develop the Department's Strategic Plan for Information Technology and Electronic Management, based on the proposals of the various bodies and autonomous bodies concerned.

d) Coordinate the collection, aggregation and incorporation of the information required by the Observatory of the Electronic Administration, following the procedures that are defined by the Permanent Commission of the Council Superior of Electronic Administration, and ensure the accuracy and completeness of the data pertaining to the Department.

e) Report the projects of general provisions, instructions and circulars of the Department which have an impact on their information systems or affect the Commission's competence. The projects referenced must respond to the needs and initiatives envisaged in the Strategic Plans and Director of the Department.

f) Promote and approve the Department's Annual Report on Information Technologies and Electronic Management.

g) Manage the inventory of files submitted to the Organic Law 15/1999, of December 13, of Protection of Personal Data.

(h) Any matter that is expressly delegated to you by the Plenary.

Article 4. Calls.

The Commission shall be validly constituted, on first call, when the persons holding the Presidency and the Secretariat or, where appropriate, those who replace them, and half, at least, of its members, are present. On the second call, the assistance of the persons holding the Presidency and the Secretariat, or, where appropriate, those who replace them, and that of three vowels, shall be sufficient.

In case of absence, vacancy or disease or other legal cause, of the person holding the Presidency, the Commission shall preside over the Vice-Presidency corresponding to the order in which they are referred to in Article 2, 2 (b).

Article 5. Technical paper.

In the Commission there will be a technical paper to which the prior technical study of all the matters of the committee's competence will be carried out.

The technical paper will be composed of the following members:

a) Presidency: The holder of the General Information Systems Subdirectorate.

b) Vice-Presidency: The holder of the General Information Technology Subdirectorate of the Peripheral Administration.

(c) Vocals: Two Commission members appointed by the plenary and the head of the Commission representing the management body or the public body responsible for the matter in question.

d) Secretariat: The Commission's.

The technical report referred to in the first paragraph of point b of the third article may be issued by a technical paper in the case of minor contracts defined by Law 30/2007 of 30 October of Contracts of the Public Sector, or of goods and services of centralized acquisition by amount less than that established by the aforementioned Law for negotiated procedures. The Chair of the Chair will report, at the next meeting of the Standing Committee, on all matters approved by the Chair.

Article 6. Request for information.

The Ministry of the Presidency's Ministry of Electronic Administration, for the exercise of its functions, may collect as much information as it deems accurate from all the agencies and units of the Ministry, which will be required to facilitate it.

Article 7. Operation.

The functioning of the Commission will not entail any increase in public expenditure and will be addressed with the existing material and personnel resources in the Ministry of the Presidency.

As not provided for in this Order, the Commission of Electronic Administration shall, as regards its operation, comply with the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992 on Legal Conditions of the Public Administrations and the Common Administrative Procedure.

Article 8. Repeal provision.

As many provisions of equal or lower rank are repealed as set out in this Order, and in particular, the Ministerial Order PRE/130 0/2006 of 28 April establishing the Ministerial Committee of Electronic administration of the Ministry of the Presidency and its composition and functions and the Ministerial Order of 2 July 1998, as amended by the Order APU/161/2005 of 26 January, establishing and regulating the Ministerial Commission of IT and Communications of the Ministry of Public Administrations.

Article 9. Additional provision first. Execution instructions.

The Department Secretariat may issue the necessary instructions for the best compliance with this Order.

Article 10. Single final disposal. Entry into force.

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

Madrid, January 29, 2010. -First Vice-President of the Government and Minister of the Presidency, María Teresa Fernández de la Vega Sanz.