Key Benefits:
Order TAS/3371/2006, dated October 30, regulated the composition and functioning of the Ministry of Electronic Administration of the extinct Ministry of Labour and Social Affairs.
Subsequently, Royal Decree 432/2008 of 12 April, for which the ministerial departments are restructured, creates the Ministry of Labour and Immigration, and Royal Decree 438/2008 of 14 April, approving the the basic organic structure of the ministerial departments, in its article 8, approves the basic organic structure of the new department, which has been developed by the Royal Decree 1129/2008, of 4 July, for which the structure is developed Basic organic of the Ministry Labour and Immigration and the Royal Decree 438/2008, of 14 of April, for which the basic organic structure of the ministerial departments is approved.
In addition, certain aspects have been identified as defined in the Council of Ministers ' Agreement of 28 December 2007, for which the Development Plan of Law 11/2007, of 22 December 2007, is approved for the State Administration. June, the citizens ' electronic access to Public Services, especially regarding the adequacy of the strategic departmental plan to the development plan cited, together with the Action Plan.
For these reasons, it is necessary to adjust the composition of the Ministerial Committee of Electronic Administration of this Department, maintaining the criteria that define its adaptation to Royal Decree 589/2005, for which it is restructure the collegiate bodies responsible for the electronic administration.
In her virtue, after the approval of the First Vice President of the Government and Minister of the Presidency, I have:
Article 1. Nature and Character.
The Ministry of Labour and Immigration's (Ministerio de Administración Electrónica de Administración Electronica), whose composition and functions are regulated in this Order, is the collegiate body responsible for the internal coordination of the Department. in the field of information technology and electronic administration, in line with the strategic lines emanating from the Higher Council of Electronic Management, as well as the study, approval, monitoring and evaluation of the plans systems which are proposed by the various centres, bodies, entities and services attached to the department.
The Ministerial Committee on Electronic Management is the liaison and collaboration body, within the Department, with the Superior Council of Electronic Management.
It is understood by the Department, for the purposes of this Order, the higher and managerial bodies, the self-governing bodies and the Management Entities and the Common Services of Social Security which are dependent or attached to it.
Article 2. Competencies.
1.
these are the competencies of the Ministry of Labour and Immigration's (Ministerio de Administración Ministerio de Administración Electronica)a) Develop the departmental strategic plan, which will include both the department's information systems director plan and the possible system plans for information and administration technologies Electronic, on the basis of the proposals of the various higher bodies and managers, autonomous agencies and the General Council of Electronic Administration of Social Security in its field and of the indicated in the strategic plan approved by the Council of Ministers. Proceed to its elevation, through its president, for its report, to the plenary of the Superior Council of Electronic Administration.
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) 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.
d) To study and report the plans of information systems and the Electronic Administration of the various higher and managerial bodies, autonomous agencies of the department and the General Council of Electronic Administration of Social Security in its field, as well as its possible revisions, in order to ensure proper coordination between these and the departmental strategic plan.
e) Coordinate the actions aimed at establishing the strategic and action lines, considered of interest and general application in the field of information technologies, as well as of the Electronic Administration to all the department.
(f) Report on draft general provisions whose subject matter concerns the powers of the Commission.
g) Inform the draft provisions to be published in the Official Gazette of the State regarding the creation, modification or deletion of automated files of public ownership of the department, as provided in the article 20 of the Organic Law 15/1999, of 13 December, of Protection of Personal Data, and in general, to coordinate the actions prescribed in the aforementioned Organic Law and its subsequent Regulation approved by Royal Decree 1720/2007, of 21 December.
h) Maintain the inventory of automated files of ownership of the department referred to in the previous section, in coordination with the different higher and managerial bodies, autonomous bodies of the the department and the General Council of Electronic Administration of Social Security in its field, as well as the registration of the same in the Agency for Data Protection, as provided for in Article 39 of the Law 15/1999, 13 of December, for the Protection of Organic Personal Data and its subsequent development in Chapter IV of Title IX of the Regulation adopted by Royal Decree 1720/2007 of 21 December.
i) The processing and submission to the Standing Committee of the Superior Council of Electronic Administration, for its report, of the files subject to the mandatory report of the latter.
(j) The technical report on the memory and the specifications of particular administrative clauses and technical requirements for information technology contracts which are not subject to the Commission's mandatory report Permanent of the Superior Council of Electronic Administration.
(k) The technical report of the memory of the contracts for the centralised acquisition of goods and services in the field of information technology carried out under the Law 30/2007 of 30 October of Contracts of the Sector Public.
l) The technical report of the memory and the specifications of particular administrative clauses and technical requirements of the contracts for maintenance, preservation, repair and updating of physical equipment and (a) the following information shall be provided in accordance with Article 1 (1) of Regulation (EU) No 4472014
the European Parliament and of the Council of the European Union;m) The report prior to the award of contracts for the centralised acquisition of goods and services in the field of information technology. For other cases, those reports shall refer to, in accordance with Article 134 of Law 30/2007, Contracts of the Public Sector and Articles 25 et seq. of Royal Decree 817/2009 of 8 May, for which the same applies, to the related aspects the assessment of the award criteria which are not evaluable by way of formula or which are dependent on a value judgement in the terms laid down in the specifications of particular administrative clauses. This is without prejudice to the powers of the Bureau or the contracting authority.
In the case of centralized procurement goods and services, the prior report will cover all aspects of the valuation.
In the case of contracts the amount of which does not exceed that established for minor contracts in Law 30/2007, of Public Sector Contracts, it will not be mandatory to issue a report without prejudice to the periodic referral of the information to enable the monitoring of systems and the compilation of statistics.
n) To issue to the Electronic Administration Observatory all information on the Commission's competition procurement files, as set out in Royal Decree 589/2005 of 20 May.
or) Promote the training of personnel in the field of information technologies and Electronic Administration that will be framed in the plans of formation of the department, as well as the dissemination of new products, techniques or specialties in these matters.
p) Advise the departments, agencies and entities of the department, upon request, in the field of information technologies, as well as in the field of Electronic Administration.
(q) Develop and propose how many measures are considered appropriate for the implementation of information technologies, as well as in the field of electronic administration, in order to achieve greater efficiency in the systems of processing and transmission of information and in the integrity, security and accessibility of information and care systems for citizens.
r) Elevate for approval the annual memory of the department's actions in the field of information technology and electronic administration.
2. The technical report of the Ministerial Committee on Electronic Administration will cover the technical aspects of the data, both the memory and the specifications of the administrative clauses and the technical requirements of the procurement, as well as the necessary technical documentation and reports. It shall also be motivated and provide for the adequacy of the departmental strategic plan reported by the Board of Governors and the guidelines issued by this collegiate body, as well as the director plan and system plans and the purpose and technological adequacy of the benefit to be contracted.
3. The report prior to the award of the Ministerial Commission for Electronic Administration will be drawn up on the assessment of the criteria contained in the specification of non-evaluable individual administrative clauses, but for its appropriate emission shall be examined in the content of the administrative procurement file, including, inter alia, the memory and the documents of administrative and technical requirements, and any other documentation contained in the envelope submitted by the tenderers in which the documentation whose assessment depends on a value judgment.
The President of the Plenary Session and the Permanent Commission of the Ministerial Commission may request clarifications from the bidders on the criteria contained in the specification of non-evaluable individual administrative clauses formula, prior to authorization of the procurement table.
4. The Ministerial Committee of Electronic Administration may collect from all the units of the Department, as well as from external organizations, within the scope of its competence, as much data and reports as it deems necessary for the compliance with their purposes.
5. The processing of the technical reports of the Ministerial Commission of Electronic Administration shall be carried out using electronic means at all stages of the procedure. To this end, the technical infrastructure necessary for its implementation shall be established or adapted, in line with the requirements of the Higher Council of Electronic Administration.
Article 3. Composition.
1. The Ministerial Committee on Electronic Management depends on the Department's Secretariat, and can act in plenary and in the Permanent Commission.
2. The plenary session of the Ministerial Commission shall be composed of the following members:
President: The head of the Assistant Secretary for Labor and Immigration.
First Vice President: The holder of the Services General Address.
Second Vice-President: The head of the General Planning and Information Coordination Subdirectorate.
Third Vice President: The Data Processing General Subdirection holder.
Vocals:
The holder of Social Security Computer Management.
The holder of the General Information and Communications Technology Subdirectorate of the State Employment Public Service.
The holder of the Financial Management Subdirectorate General of the Ministry of Labor and Immigration.
A representative, with a level 30 job, of each of the Secretaries of State, Secretaries-General, Autonomous Bodies and Public Law Entities dependent or attached to the Ministry of Labor and Immigration, appointed by the President on the basis of a proposal from the President. In the case of the Secretary of State for Social Security, the proposals and initiatives will be presented by the Social Security Information Manager.
Secretary: An official of the General Secretariat for Information Planning and Coordination, appointed by the President on a proposal from the head of that General Subdirectorate, who will act with a voice but without a vote.
3. The Chair may appoint alternate members on a proposal from the holders, among the staff of their respective units.
4. In the absence of the President, the Vice-Presidents shall preside over the sessions. In the absence of all, they shall preside over the Vocal in accordance with the order in Article 3.2.
5. The plenary session of the Commission shall meet on an ordinary basis on a monthly basis and shall be extraordinary when the President agrees.
6. The cases to be included on the agenda of the Commission's plenary session should be forwarded to the Secretariat in good time so that they can be informed by the Standing Committee beforehand.
Article 4. Standing Committee.
1. The Standing Committee shall be responsible for the technical study and the proposal for the resolution of all matters to be dealt with in the plenary session, as well as the decision of the delegates ' affairs.
2. The Standing Committee shall be composed of the following members:
President: First Vice President of the Ministerial Commission.
First Vice President: The Vice President of the Ministerial Commission.
Second Vice President: The 3rd Vice President of the Ministerial Commission.
Vocals:
The holder of Social Security Computer Management.
The holder of the General Information and Communications Technology Subdirectorate of the State Employment Public Service.
A representative of each Proposer Management Centre, appointed by the President on a proposal from the members of the Centre, who will act with voice and vote for the study and deliberation of the proposals and initiatives of its own Centre, except in the case of Social Security, whose proposals and initiatives will be presented by a representative of the Social Security Computer Management.
Secretary: The Secretary of the Ministerial Commission, who will act with voice but without a vote.
3. The Standing Committee may be chaired by the Chairman of the Ministerial Committee, when in the light of this he advises the importance of the matters to be dealt with on the agenda. In this case, the President and Vice-Presidents shall be among the other vowels.
4. The Chair may appoint alternate members on a proposal from the holders, among the staff of their respective units.
5. The President may designate the technical advisors he deems necessary for the development of the work of the Standing Committee, which shall have a voice but no vote.
6. In the absence of the President, the Permanent Commission shall be chaired by the Vice-President, first and in the absence of the Vice-President.
7. The Standing Committee shall meet on an ordinary basis on a monthly basis, and on an extraordinary basis when the President agrees.
Article 5. Operation.
Without prejudice to the peculiarities provided for in this Order, the Ministry of Labour and Immigration's Ministerial Committee on Electronic Administration shall be governed by the provisions laid down in the matter of collective organs in the Chapter II of Title II of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure and by Law 6/1997, of 14 April, of the Organization and the Functioning of the Administration State General.
Additional disposition first. Ability to execute.
The Secretariat of the Department shall adopt the measures deemed necessary for the implementation and application of this Order.
Additional provision second. No increase in expenditure.
The formation and functioning of the Ministerial Commission of Electronic Administration will not increase any public expenditure and will be addressed with the material and personnel resources existing in the Ministry of Labor. e Immigration.
Single transient arrangement. Procurement records in processing.
The procurement files to be processed at the time of entry into force of this Order shall be governed by it, with the validity of the decisions taken by the Commission for all purposes. Ministry of Electronic Administration of the Ministry of Labour and Social Affairs in respect of such files.
Single repeal provision. Regulatory repeal.
Order TAS/3371/2006, dated 30 October, is hereby repealed, governing the composition and functions of the Ministerial Committee on Electronic Administration of the Ministry of Labour and Social Affairs, as well as provisions of equal or lower rank are contrary to the provisions of this Order.
Single end disposition. Entry into force.
This Order shall enter into force on the day following that of its publication in the "Official State Gazette".
Madrid, December 29, 2009. -Minister of Labor and Immigration, Celestino Corbacho Chaves.