Advanced Search

Order Viv/2494/2008 Of 4 August, Which Creates The Ministerial Committee On Electronic Administration Of The Ministry Of Housing And Regulates Its Composition And Functions.

Original Language Title: ORDEN VIV/2494/2008, de 4 de agosto, por la que se crea la Comisión Ministerial de Administración Electrónica del Ministerio de Vivienda 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

By Royal Decree 1134/2008 of 4 July, for which the basic organic structure of the Ministry of Housing is developed and the Royal Decree 438/2008 of 14 April is amended, approving the organic structure The structure of the department has been determined by the ministry. Article 3.1.f) gives the Technical General Secretariat the management of the department's computer resources and technical assistance in the matter to the various units, planning and management of the department's communications, as well as as the execution and updating or modification, if any, of plans relating to information and communications technologies of the department.

On the other hand, Royal Decree 589/2005 of 20 May, for which the collegiate bodies responsible for the Electronic Administration are restructured in the field of the General Administration of the State, dedicates its article 8 to the Ministerial Committees of Electronic Administration, which are constituted in the instruments for the internal coordination of each department in the field of Information Technologies and the Electronic Administration, and according to the provision the second transitional period of the Royal Decree, within six months of its entry into force They should approve the corresponding ministerial orders of the Ministry of Electronic Administration of the Ministerial Departments. On the basis of this, it is appropriate to constitute the aforementioned Ministerial Commission in accordance with the provisions of the second transitional provision of the Royal Decree-to 589/2005, taking into account the current organic structure of the Department. Therefore, this Order establishes the Commission of Electronic Administration of the Ministry of Housing and regulates its composition and operation, in accordance with the provisions of Articles 12.2.a), 38 and 40 of Law 6/1997 of 14 April, The Organization and the Functioning of the General Administration of the State. In her virtue, and after the Minister of Public Administration's approval, I have:

Article 1. Object.

1. The purpose of this Order is to create the Ministry of Housing's (Ministerio de Administración Ministerio de Administración Electronica), as an instrument for the internal coordination of the Department's policy in the field of Information Technology and Electronic administration, and as liaison and collaboration body with the Superior Council of Electronic Administration.

2. The Ministry of Housing's Ministry of Electronic Management's Ministerial Commission is the collegiate body responsible for the development of the policy of the Department of Information Technology and Electronic Administration, according to the instructions and guidelines of the Board of Directors of the Board of Directors. 3. The Ministry of Housing's (Ministry of Housing) Ministerial Committee on Electronic Management is attached to the Department's Secretariat, through the Technical General 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 Ministry of Housing's Ministerial Committee on Electronic Administration will have the following composition: President: The Holder of the Housing Secretariat.

First Vice President: The Head of the Technical General Secretariat. Second Vice-President: The Head of the Subdirectorate-General for Cooperation and Inter-administrative Relations. Vowels:

A representative of the Minister's Cabinet.

A representative of the General Secretariat of Housing. A representative of the Directorate General of Architecture and Housing Policy. A representative of the General Directorate of Soil and Urban Policies. A representative of the Technical Cabinet of the Secretariat. A representative of the General Secretariat of the General Staff. A representative of the budgetary office.

The vowels will be appointed by the Holder of the Housing Secretariat, on a proposal from the head of the respective management body.

In case of vacancy, absence or illness, and in general when there is a justified cause, the vowels may be replaced by alternates of such organs, which shall be appointed by the same procedure as the holders. Secretary: An official who performs his duties in the General Secretariat for Coordination and Inter-Administrative Relations of the Technical General Secretariat, appointed by the Department's Secretariat. In his absence, he shall perform his duties as another official who performs his duties in the aforementioned General Subdirectorate, which shall be appointed in the same manner. The Secretary will act with voice and vote.

2. The plenary session of the Commission may authorise the participation, where necessary, of other officials 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, Communications, and Electronic Administration to the 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, will have the following composition: President: First Vice-President of the plenary session.

Vocal: the respective members of the plenary in the plenary representing the cabinet of the minister, the Directorate-General for Architecture and Housing Policy, the General Direction of Soil and Urban Policies, and the Technical Cabinet of the Sub-secretariat. Secretary: The Secretary of the Plenary.

In case of vacancy, absence or illness, and in general when there is a justified cause, the following regime of supply of the members of the Permanent Commission is established: The First Vice President will be replaced by the second vice-president.

The vowels will be replaced by their alternates. The Registrar shall be replaced by his alternate.

2. The functions of the Standing Committee shall be those delegated to it by the Plenary.

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

Article 4. Functions of the Ministerial Committee on Electronic Management.

The Ministry of Housing's (Ministry of Housing)'s Ministerial Committee on Electronic Administration will have the following functions: 1. Develop the Department's Strategic Plan, in the field of Information Technology, Communications, and Electronic administration, on the basis of the proposals of the various public bodies and bodies concerned, and to raise it, through its President, for its report by the plenary of the Higher Council of Electronic Administration, in accordance with the provided for in Article 4.1.b) of Royal Decree 589/2005.

For the purposes of strategic planning, communications shall be understood to include at least the following elements:

(a) Data transmission services, fixed and wireless, internal to the ministerial department, as well as external connection.

b) Voice communications, both by fixed and mobile telephony. c) Internet services and other telematic and interactive services. (d) Other value-added telecommunications services. (e) Rental of circuits.

2. To monitor, in the field of the Department, compliance with the guidelines and the follow-up of the guidelines of action agreed upon by the plenary of the Superior Council of Electronic Administration.

3. To deal with and send to the Standing Committee of the Board of Governors the memory and the technical specifications of the files subject to a technical report as provided for in paragraphs (a), (b) and (c) of the Article 10 of Royal Decree 589/2005. 4. To issue the reports which, in relation to the procurement files in the field of Information Technology, Communications and Electronic Administration, are detailed:

(a) The technical report of the memory and the technical specifications of the contracts in the field of Information Technology, Communications and Electronic Administration which are not subject to the mandatory report of the Standing Committee of the Board of Directors of the Board of Directors.

b) The technical report of the memory in the centralized procurement of goods and services in the field of Information Technology, Communications, and Electronic Administration, carried out under Law 30/2007, of 30 of October, of Public Sector Contracts. (c) the technical report of the memory and the technical specifications of the contracts for maintenance, preservation, repair and updating of physical and logical equipment which have been provided for in the relevant plan Departmental Strategic.

5. To issue a report, at the request of the proposing body, prior to the award of the following contracts: (a) Contracts for supplies and services in the field of Information Technology, Communications, and Electronic Administration.

(b) Service contracts for the purpose of training in the field of Information Technology, Communications and Electronic Administration.

6. 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 referred to must respond to the needs and initiatives envisaged in the Departmental Strategic Plan.

7. 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 the data pertaining to the Department. 8. Promote and approve the Annual Report of the Department of Information Technology, Communications, and Electronic Administration. 9. Promote, approve, follow and evaluate the partial plans and projects of Information Technologies, Communications, 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. 10. Promote the services offered through the Internet and Intranet by coordinating their technological aspects and ensuring the integrity and security of their information systems. 11. To promote and promote the formation of information technologies, communications, and electronic administration in the field of the Department, and the best use thereof. 12. To 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. 13. Adopt measures for the technological standardization of the Department in order to ensure the maximum productivity and efficiency of the resources and the compatibility and communication of the systems and databases, with the appropriate security guarantee. 14. To advise the higher and managerial bodies and public bodies of the Department, upon request, in the field of Information Technology, Communications, and Electronic Administration. 15. 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 Data. 16. To inform, at the request of its President, on the importance and technical impact of the proposals of the Department on projects of modification of the relations of jobs, templates, valuation and systems of access of the posts of work related to Information Technology, Communications, and Electronic Administration. 17. To know and study investment plans in Information Technology, Communications, and Electronic Administration, and its degree of execution. 18. Communicate with appropriate anticipation, to the competent contracting authorities, the contracts to be made for each financial year in the field of Information Technology Systems, Communications, and Administration 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. 19. 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.

Article 5. Technical papers and working groups.

1. Technical papers and working groups may be established in the Commission where the nature of the cases so requires. The technical papers shall be composed of the second vice-president of the plenary session, the voice of the plenary assembly, representing the governing body or department, and the secretary of the Commission.

In case of vacancy, absence or illness, the members shall be replaced by their respective alternates. 2. Technical papers and working groups may be incorporated to provide services in the different management bodies or agencies of the Department, in order to provide the information or advice that is accurate. 3. The technical report referred to in Article 4 (4) and (5) may be issued by a Technical Ponance, in the case of minor contracts as defined by the Public Sector Contracts, or of goods and services of Centralised procurement in the amount of less than thirty thousand euros (30,000.00 €).

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 its President, as well as the summons to its members. 3. To receive the acts of communication of the members of the Commission, as well as requests for data, corrections or any other kind of writing from which he or she must have knowledge. 4. Prepare for the dispatch of cases. 5. To draft the minutes of the sessions, in which the deliberations of the matters and the agreements adopted shall be faithfully reflected. 6. Exorder certifications from the adopted reports and agreements. 7. Custody of the documents relating to 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 Higher Council of Electronic Administration.

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 the purposes of Meetings, deliberations and the adoption of agreements shall require the presence of the President and the Secretary or, where appropriate, those who replace them, and at least half of their members. On the second call, and for the same purposes, the presence of the President and the Registrar or, where appropriate, of his substitutes, and of two of the members of the Commission, shall be sufficient.

Article 8. Request for information.

The Ministry of Housing'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 forced to facilitate it.

Article 9. Operation.

1. The functioning of the Ministry of Housing's Ministerial Committee of Electronic Administration shall be in accordance with the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the Legal Regime of the Ministry of Housing Public Administrations and the Common Administrative Procedure, as amended by Law 4/1999 of 13 January.

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 Housing, with its budgets, will facilitate the human and material resources necessary for the operation of the Ministerial Commission of Electronic Administration, without any increase in expenditure. public.

Single transient arrangement. Procurement files 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 Public Works will have to be informed in the successive phases by the Ministry of Housing's Ministry of Electronic Administration, without the need for the report to be fully informed.

Single repeal provision. Regulatory repeal.

All provisions of equal or lower rank shall be repealed as set out in 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 Gazette of the State.

Madrid, 4 August 2008. -Minister of Housing, Beatriz Corredor Sierra.