Advanced Search

Order Igd/985/2009, Of 17 April, Which Creates The Ministerial Committee On Electronic Administration Of The Ministry Of Equality And Regulates Its Composition And Functions.

Original Language Title: Orden IGD/985/2009, de 17 de abril, por la que se crea la Comisión Ministerial de Administración Electrónica del Ministerio de Igualdad y se regula su composición y funciones.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

The Royal Decree 432/2008, of 12 April, of restructuring of the ministerial departments, created the Ministry of Equality. By Royal Decree 1135/2008 of 4 July 2008, the basic organic structure of the Ministry of Equality is developed and the Royal Decree 438/2008 of 14 April is amended, approving the basic organic structure of the Ministerial departments, the organic structure of the Department has been determined. Article 3.2.c gives the Subdirectorate-General for Electronic Administration, Technical Services and the Internal Regime, attached to the Secretariat, the preparation and coordination of the implementation of the Director-General Plan for Electronic Administration and of the information and communications systems of the department, the management of IT resources, the technical and communications infrastructure, and the development and maintenance of the information and communication systems that need to be different management centres, as well as supervision in the field of new technologies of the public bodies attached to the Ministry.

On the other hand, Royal Decree 589/2005 of 20 May, for the restructuring of the collegiate bodies responsible for the electronic administration in the field of the General Administration of the State, dedicates its article 8 to the The Ministry of Electronic Administration, which is the instrument for the internal coordination of each department in the field of information technology, telecommunications and electronic administration, and in accordance with the second transitional provision of that Royal Decree, within six months From its entry into force the corresponding ministerial orders of the Ministry of Electronic Administration of the Ministerial Departments were to be approved.

On the basis of this, it is appropriate to set up the Ministerial Commission of the Ministry of Equality in accordance with the provisions contained in the second transitional provision of Royal Decree 589/2005, and to regulate its composition and operation taking into account the organic structure of the Department under the provisions of Articles 12.2.a), 38 and 40 of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State.

In her virtue, and after the approval of the Minister of Public Administrations, I have:

Article 1. Object.

1. The purpose of this Order is to create the Ministry of Equality's Ministerial Committee on Electronic Administration, as an instrument for the internal coordination of the Department's policy on information technology, Telecommunications and electronic administration, and as a liaison and collaboration body with the Superior Council of Electronic Administration.

2. The Ministry of Equality's eGovernment Ministerial Committee is the collegiate body responsible for the development of the policy of the Department in the field of information technology, telecommunications and telecommunications. Electronic administration, in accordance with the instructions and guidelines of the Superior Council of Electronic Administration.

3. The Ministry of Equality's Ministerial Committee on Electronic Management is attached to the Department's Secretariat, and will be able to act in plenary and in the Permanent Commission.

Article 2. The plenary session of the Commission.

1. The plenary session of the Ministerial Committee on Electronic Administration of the Ministry of Equality will have the following composition:

(a) Presidency: the titular person of the Deputy Secretary for Equality.

(b) Vice-Presidency: the holder of the General Administration of Electronic Administration, Technical Services and the Internal Regime.

(c) Vocals: the holder of the General Subdirectorate General for Economic and Budgetary Planning and Management and Personnel and a person representing each of the following management bodies and public bodies Department, with minimum rank of Subdirection General or assimilated:

Minister's Cabinet.

Cabinet of the General Secretariat for Equality Policies.

Technical General Secretariat.

Government Delegation for Gender Violence.

Directorate-General for Equality in Employment.

General Directorate against Discrimination.

Women's Institute.

Youth Institute.

Your appointment will be the responsibility of the person who holds the Office of the Deputy Secretary for Equality, on a proposal from the person who holds the ownership of the governing body or the respective Public Body. In case of vacancy, absence or disease, they may be supplied on the same terms as intended for designation.

(d) Secretariat: an official or official who performs his duties in the General Administration of Electronic Administration, Technical Services and the Internal Regime, with minimum level of Area Head, to designate by the Deputy Secretary of the Department, who will act with voice and vote. In case of vacancy, absence or illness, the same terms as intended for designation may be provided.

2. The plenary session of the Commission may authorise the participation, where necessary, of other representatives of the bodies represented in the Commission by reason of the matter to be dealt with, which shall act with a voice but without a vote.

3. The Commission in plenary shall meet at least once a year in order to ascertain the activities of the Standing Committee, to issue a report on the planning and the proposals for budgets for the following financial year, and to agree on the increase in the Strategic Plan of the Department of Information Technology, Telecommunications and Electronic Administration to report of the Superior Council of Electronic Administration, prior to its approval.

Article 3. The Standing Committee.

1. The Standing Committee, delegated to the plenary, shall have the following composition:

(a) Presidency: who holds the Vice-Presidency of the plenary session.

(b) Vocals: those who perform the respective vocalisations in the plenary on behalf of the Technical General Secretariat, the Government Delegation for Gender Violence, the Directorate-General for Equal Employment, the Directorate-General against Discrimination, the Women's Institute and the Youth Institute.

(c) Secretariat: the person holding the plenary session.

In case of vacancy, absence or illness, they may be replaced on the same terms as the full membership of the plenary session.

2. The tasks of the Standing Committee shall be those delegated to it by the Plenary in relation to the powers conferred on the Commission in the following

.

3. The Standing Committee shall meet at least once a month to discuss and report on the issues of its competence.

Article 4. Competencies, functions and activities.

The Ministry of Equality's Ministerial Committee on Electronic Management will have the following powers, functions and activities:

1. Develop the strategic plan of the Department, in the field of information technology, telecommunications and electronic administration, on the basis of the proposals of the various public bodies and bodies concerned, and raise it, through the Presidency, for its 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.

2. To coordinate the preparation of the telecommunications director plan referred to in Article 13 of Royal Decree 541/2001 of 18 May 2001 establishing certain specialities for the procurement of telecommunications services, as of its annual development programs and reviews.

3. To monitor, at the Department's level, compliance with the guidelines and follow up the guidelines for action agreed by the Full Council of Electronic Management.

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

5. To issue the reports which, in relation to the procurement files in the field of information technology, telecommunications and electronic administration, are detailed:

(a) The technical report on the memory and the specifications of administrative clauses and technical requirements for contracts in the field of information technology, telecommunications and electronic administration which are not subject to the mandatory report of the Standing Committee of the Board of Governors.

b) The technical report of the memory and, where appropriate, of other features of a documentary nature, in the centralized procurement of goods and services, and in the procurement based on Framework Agreements, in the field of technologies of the information, telecommunications and electronic administration, carried out under Law 30/2007 of 30 October of Public Sector Contracts.

c) 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 have been provided for in the relevant Departmental Strategic Plan.

(d) The report before the award, at the request of the proposing body, of supply and service contracts in the field of information technology, telecommunications and electronic administration, as well as for service contracts intended to be the subject of training in the field of information technology, telecommunications and electronic administration.

(e) The report of the proposals for the modification of supply and service contracts in the field of information and telecommunications technologies, if the cause or causes of such modification involve alter the original technical content of those contracts. As well as the report of the proposals for the resolution of supply and service contracts in the field of information and telecommunications technologies, if the cause or causes of the resolution are related to the technical content of the those relating to contracts.

(f) The report of agreements for the extension of supply and service contracts in the field of information and telecommunications technologies.

6. 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 Board of Directors Electronic, and ensure the accuracy and completeness of data pertaining to the Department.

7. To promote, coordinate and follow the implementation of the plan of measures, recommendations and best practices in the acquisition and use of computer programs by the Public Administrations and of how many measures it adopts. Superior Council of Electronic Administration to act against the activities that violate intellectual and industrial property rights.

8. Maintain the inventory of computer resources of the Department and its public bodies, in accordance with the guidelines of the Superior Council of Electronic Administration.

9. Adopt measures for the technological normalization of the Department in order to ensure the maximum productivity and effectiveness of the resources and the compatibility and communication of the systems and databases, with the appropriate security guarantee.

10. To inform 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 Departmental Strategic Plan.

11. To promote and approve the annual report of the Department of Information Technology, Telecommunications and Electronic Administration.

12. To promote, approve, follow and evaluate the partial plans and projects of information technologies, telecommunications and electronic administration in the higher and managerial bodies and in the public agencies of the Department; coordinate those studies, initiatives and projects in the field that affect various agencies and bodies of the Ministry and take care of the best use and use of the information systems of the Department.

13. To promote and promote training in information technologies, telecommunications and electronic administration in the field of the Department, and the best use thereof.

14. To promote the services offered through the Internet and Intranet by coordinating their technological aspects and ensuring the integrity and security of their information systems.

15. Inform the establishment and modification of administrative, new or existing administrative procedures and procedures, affected by Law 11/2007, of July 22, of Electronic Access of Citizens to Public Services, to ensure the the existence of technical mechanisms to ensure effective electronic access to them by ensuring all the rights and guarantees provided for in that Law.

16. Coordinate, in the field of the Department, the projects of general provisions, on the creation, modification or deletion of files of data of public ownership, regulated in the Organic Law 15/1999, of December 13, of Protection of Personal Character Data.

17. To advise the higher and managerial bodies and public bodies of the Department, upon request, in the field of information technology, telecommunications and electronic administration.

18. To report, at the request of the Presidency, on the importance and technical impact of the proposals of the Department on projects to modify the relations of jobs, templates, valuation and access systems of the (i) work related to information technology, telecommunications and electronic administration.

19. To know and study plans for investment in information technology, telecommunications and electronic administration, and its degree of implementation.

20. Communicate with appropriate anticipation, to the competent contracting authorities, the contracts to be carried out for each financial year in the field of information technology, telecommunications and administrative systems electronic, so that the provisions of Articles 125, 126 and 138 of Law 30/2007 of 30 October of Public Sector Contracts can be complied with.

Article 5. Technical papers and working groups.

1. Technical papers and working groups may be set up within the Standing Committee, where the nature of the cases so requires or for reasons of urgency and effectiveness. The technical papers shall be composed of the person holding the Vice-Presidency of the Plenary Session; those representing the management bodies or public bodies of the Department to which the matters are concerned and who is to be held by the Secretariat of the Commission, with the the same supply arrangements as intended for composition.

The working groups will act under the top leadership of the Chair of the Standing Committee and in the agreement to create them they will have to approve their powers, their operating rules, their composition and their temporary validity.

2. Other persons who provide services to the various management bodies or public bodies of the Department may be incorporated into the technical presentations and working groups in order to provide the necessary information or advice.

3. The technical report referred to in Article 4 (5) (a), (b) and (c) may be issued by a Technical Ponance, in the case of minor contracts defined by the rules governing public sector contracts, or goods and Centralised procurement services in the amount of less than eighteen thousand euro (€ 18,000.00) excluding VAT.

Article 6. Secretariat of the Commission.

The following functions are for the Secretariat of the Commission:

1. Attend meetings with voice and vote.

2. To convene the meetings of the Commission, in plenary session or standing committee, and of the Technical Papers which, if any, are to be constituted, by order of the Presidency, as well as the citations to its components.

3. To receive the acts of communication of the components of the Commission, as well as requests for data, corrections or any other kind of writing from which it is required to have knowledge.

4. Prepare the dispatch of cases.

5. To draft the minutes of the sessions, in which the deliberations of the cases and the agreements adopted shall be faithfully reflected.

6. Issue certifications of adopted reports and agreements.

7. Safeguard the documentation for the cases reported by the Commission.

8. To transfer to the plenary session of the Superior Council of Electronic Administration and its Specialized Commissions all matters that fall within its competence, and in particular, the procurement files which, in accordance with current regulations, require the Technical report of the Standing Committee of the Board of Governors.

Article 7. Scheme of calls.

In accordance with the provisions of Article 26 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, for the valid constitution of the organ, for purposes (a) the holding of meetings, deliberations and the adoption of agreements shall require the presence of the President and the Secretariat of the Commission or, where appropriate, of those who replace them, and of at least half of their components.

On the second call, and for the same purposes, the presence of the Presidency and the Secretariat of the Commission or, where appropriate, those who replace them, and the presence of two of the most important components, will be sufficient. Commission.

Article 8. Request for information.

The Ministry of Equality's (Ministerio de Administración Electrónica de Administración Electronica), for the exercise of its functions, will be able to collect as much information as it deems accurate from all the agencies and units of the Ministry, which will come required to facilitate it.

Article 9. Operation.

1. Without prejudice to the peculiarities set out in this Order, and as far as is not provided for in this Order, the Ministry of Equality's Ministerial Committee on Electronic Administration shall be governed by the provisions of the laws of the Chapter II of Title II of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

2. The Secretariat of the Department, pursuant to Article 15 of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, may issue instructions and orders of service to consider necessary for the best functioning of the Commission.

Single additional disposition. No increase in public spending.

The Ministry of Equality, under its budgets, will facilitate the human and material resources necessary for the operation of the Ministerial Committee of Electronic Administration, without the application of this provision involve an increase in public expenditure.

Single transient arrangement. Procurement records in processing.

The procurement files that are in the process at the time of the entry into force of this Order, which have been informed in some of its phases by the Ministerial Commission of Electronic Administration of the The Ministry of Labour and Immigration must be informed in the successive phases by the Ministerial Committee of Electronic Administration of the Ministry of Equality, without it being necessary to report the totality of the case.

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, April 17, 2009. -Minister of Equality, Bibiana Aido Almagro.