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Order Def/54/2008, Of 16 January, Which Is The Ministerial Committee On Electronic Administration Of The Ministry Of Defence.

Original Language Title: ORDEN DEF/54/2008, de 16 de enero, por la que se constituye la Comisión Ministerial de Administración Electrónica del Ministerio de Defensa.

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Electronic Administration is one of the basic lines of action in the General Administration of the State, and an essential instrument for the modernization of the Military Administration. In addition to its complexity, the Ministry of Defense has to promote in a coordinated way, requiring an additional effort of simplification of administrative processes and procedures, which will make it possible to obtain synergies and achieve a more agile and efficient operation of the Department.

Article 8 of Royal Decree 589/2005 of 20 May, which restructured the collegiate bodies responsible for the electronic administration, establishes the creation of the Ministry of Administration Electronic as instruments for internal coordination in each department in the field of information technologies and electronic administration, pointing out itself, its performance as technical collaboration bodies with the plenary and the Standing Committee of the Board of Directors of the Board of Directors. In accordance with the provisions contained in the aforementioned royal decree, the Ministry of Electronic Administration has replaced the previous Computer Commissions. In the Ministry of Defense, Order 52/1987, of 24 September, for which the Royal Decree 1/1987, of January 1, is developed in the field of computer science, created and regulated the Commission of Informatics. Among the measures taken by the government to give a strong impetus to the electronic administration, are those contained in Royal Decree 1553/2005 of 23 December, which regulates the issue of the national identity card. and their electronic signature certificates, as well as those included in Royal Decrees 522/2006 and 523/2006, both of 28 April, for which the contributions of photocopies of the national identity document and of the certificate of (a) the management of the administrative procedures. This background has culminated in the new legal framework created by Law 11/2007, of 22 June, of electronic access of citizens to the Public Service, through which the full effectiveness of the citizens ' right is guaranteed. relate to public administrations by means of electronic measurement. This new context forces us to advance this line in an orderly way throughout the General Administration of the State, taking action from a technical point of view, as well as functional, in order to guarantee the rights recognized by the citizens in their electronic relationships with the Administration. The specificity of the Ministry of Defence determines the need to give the Commission a role in promoting modernisation initiatives, in particular those that facilitate the development of e-government, given the link and (a) complementarity between simplification and computerisation of processes, procedures and working methods; this, in accordance with the forecast contained in Article 8.3.e of Royal Decree 589/2005 of 20 May 2005. The concept of "information technologies", to the extent that it is used to delimit the content of strategic plans, plans or plans of systems or to inform strategic decisions, must be interpreted in the broadest sense. which is currently used and which encompasses communications in order to ensure interoperability requirements between public administrations. In her virtue, with the prior approval of the Minister of Public Administrations, I have:

First. Nature and purpose. -The Ministry of Defense's Ministry of Electronic Administration as a collegiate body assigned to the Department's Secretariat, is responsible for the internal coordination and execution of the actions. in the field of information technology and electronic administration, in the Ministry of Defense, in accordance with the instructions and guidelines established by the Superior Council of Electronic Administration.

Second. General functions. The Ministerial Committee of Electronic Administration shall perform the following functions:

a) Act of liaison and technical collaboration with the Superior Council of Electronic Administration.

b) Develop and approve the Department's Strategic Electronic Management Plan, with the proposals of the various affected bodies and agencies. The Commission will raise the plan, through its president, for a report by the plenary of the Superior Council of Electronic Administration, in accordance with article 4.1.b of Royal Decree 589/2005 of 20 May, for which the organs are restructured. Responsible for the electronic administration. The defence plans, especially those related to command and control and the situations of crisis, emergency and security of the State, are excluded from this area. c) To monitor, in the field of the Department, the implementation of the guidelines and the follow-up of the guidelines of action agreed upon by the plenary of the Superior Council of Electronic Administration. (d) Coordinate, in the field of the Department, the elaboration and collection of the information required by the Observatory of the Electronic Administration, following the procedures defined by the Permanent Commission of the Superior Council of Electronic administration, and ensure the accuracy and completeness of the data pertaining to the Ministry of Defense. Information relating to command and control and to situations of crisis, emergency and security of the State and matters classified as secret or reserved is excluded. (e) Promote and approve the Annual Report of the Department of Electronic Management. f) Coordinate the actions foreseen in the Department's Electronic Management Plan with those of the Plan Director of Information Systems and Telecommunications of Command and Control, to the effect of guaranteeing the needs interoperability and achieve greater efficiency in the use of resources.

Third. Tasks in the field of procurement.

(a) In the field of the procurement of information and telecommunications goods and services, the technical report on memory, the technical specifications and the provisions of the technical specifications shall be issued on a mandatory basis

(a) special administrative arrangements for the administrative supply, consultancy and assistance contracts and services of public administrations regulated by the existing procurement legislation, including centralised procurement; through the General Directorate of the State Heritage. In the latter case it will only affect the technical memory. The exception of minor and centralised procurement contracts, the amount of which is lower than the limit set for each type of minor contract.

(b) to issue a report, on an optional basis at the request of the contracting authority, on the proposal for the award of administrative contracts which have previously been the subject of a mandatory technical report issued by the Commission, as well as those reported preceptively by the Standing Committee of the Higher Council of Electronic Administration. (c) to report, on an optional basis at the request of the contracting authority, proposals for the modification of supply, service and consultancy contracts and assistance in the field of information and communications systems, if the cause or causes which cause such a modification would mean altering the original technical content of the contracts. (d) to report, on an optional basis at the request of the contracting authority, proposals for the resolution of supply, service and consultancy contracts and assistance in the field of information and communications systems, if the cause or causes which cause such a change would mean altering the technical content of the contracts. (e) to issue, on an optional basis at the request of the contracting authority, the technical report of the agreements for the extension of supply, service and consultancy contracts and assistance in the field of information and information technology communications. (f) Approve the referral to the Standing Committee of the Board of Directors of the Board of Directors for its mandatory report, the procurement files referred to in Article 10.3.a) of Royal Decree 589/2005 of 20 May. (g) Inform, in a prescriptive manner, the disposal of computer goods and equipment, which shall be processed in accordance with the provisions of Law 33/2003 of 3 November of the Heritage of Public Administrations.

Fourth. Development of the electronic administration.

a) Promote modernization initiatives, in particular those that facilitate the implementation of the electronic administration in the field of the Ministry, through the simplification and computerization of procedures, procedures and public services provided and the rationalisation of working methods and internal communications.

b) Provide and encourage the training of the Department's staff and inform the Training Plans in the field of information technology. (c) to issue a mandatory report on the draft general provisions, instructions and circulars of the Department, as well as the projects of collaboration agreements and management procedures concerning the technologies of the information and telecommunications, or which affect the competence of the Commission. d) To promote, within the scope of the Department, the projects of general provisions on the creation, modification or deletion of data files of public ownership, which are supported in information systems, regulated in the Organic Law 15/1999, of 13 December, of Protection of Personal Data. (e) Any other function of those assigned to the Ministerial Commissions of Electronic Administration by Royal Decree 589/2005 of 20 May.

Fifth. Operation.

1. The Ministerial Committee on Electronic Administration may act in plenary session, in the Standing Committee and in the Working Party or the Working Groups.

2. The regulation of the internal functioning of the Ministerial Commission of Electronic Administration will be carried out by means of instruction from the Undersecretary of Defense. This regulation shall be in accordance with the provisions laid down for the functioning of the collegiate bodies as laid down in Law No 30/1992 of 26 November and shall necessarily contain requirements relating to maximum time limits for the issuing of reports. meetings and use of telematic means, in accordance with the provisions of Law 11/2007.

Sixth. Composition of the plenary session.

1. The Ministerial Committee on Electronic Administration, in its full operation, shall be composed of the following members: (a) President: The Deputy Secretary of Defense.

b) First Vice President: The Director General of Infrastructure, which may be replaced by the Technical Secretary General. (c) Second Vice-President: The Deputy Director-General for Technical Services and Telecommunications. (d) Permanent Vocals:

1. The Inspector General of the Information and Telecommunications Systems Director Plan.

2. The Head of the Division of Information Systems and Telecommunications of the Joint Chiefs of Defense 3. A representative of the National Intelligence Center with CIS responsibility. 4. A representative of the Unit Military of Emergencies (UME), with responsibility CIS. 5. The Head of Information Systems, Telecommunications and Technical Assistance of the Headquarters of the Army of the Earth. 6. The Head of the Division of Information and Telecommunications Systems of the Headquarters of the Navy. 7. The Head of Technical Services and Information Systems Telecommunications of the Air Force. 8. The Deputy Director General of Contracting. 9. The Head of the Technical Area of the General Inspection of Military Health. 10. The Director of the Office for the Modernization of Military Administration. 11. Representative of the National Critical Center with responsibility for the security of information and communications systems.

(e) Non-permanent Vocals: 1. The technical or other specialized voice, representing each of them, to the higher organs and directors of the Ministry of Defense, designated by the holders of these organs, where the subject matter of his competence is dealt with.

2. The Technical Headquarters of each of the public agencies that are dependent on the Ministry, designated by its President or Director, which are listed below: the Instituto de Tecnica Aerospacial Esteban Terradas (INTA), the Channel of Hydrodynamic Experiences of the Pardo, the Management of Infrastructures and Equipment of Defense (GIED), the Military Service of Constructions, the Social Institute of the Armed Forces (ISFAS), the Institute for Housing of the Forces Navies (INCOFAS) and the Fund for the exploitation of the services of Cria Caballar and Traces, where the subject matter of his competence is dealt with. The Public Bodies attached will have representatives in the Ministerial Commission of Electronic Administration as long as they remain attached to the Ministry of Defense.

f) Secretary: He will be appointed by the President and attend the meetings with a voice but no vote. 2. The President may delegate or be replaced in the case of vacancy, absence or illness, by the First Vice-President or, where appropriate, the Vice-President.

3. The members of the Commission, in the event of a justified absence, shall be replaced by their alternates, who shall be appointed by the head of the Steering Centre who is responsible for the representation. 4. The President of the Commission, acting on a proposal from the Office of the Management Centre, may decide to join the meetings of the Commission, with a voice but no vote, technical staff or specialist in the matter to be dealt with.

Seventh. Special membership of the plenary in certain contracts.

1. In the case of matters declared secret or reserved, or their execution must be accompanied by special security measures, or the protection of the essential interests of the defence is required, or the scope of command and control of the Commission Ministers of Electronic Administration will act in plenary and will have the following special composition: a) President: The Deputy Secretary of Defense.

(b) Vocals: The two vice-presidents and the voice of the higher or competent body responsible for the matter to be dealt with. (c) Secretary: He shall be appointed by the President and shall attend the meetings with a voice but without a vote.

2. The President may delegate or be replaced in the case of a vacancy, absence or illness, by the first Vice-President of the Commission.

Eighth. Standing Committee.

1. A Standing Committee of the following members shall be established within the Ministerial Committee of Electronic Administration: (a) President: The Vice-Chair of the Ministerial Committee on Electronic Administration.

b) Vice President: The Director of the Office for the Modernization of Military Administration. (c) Vocals: The representatives of the Joint Chiefs of Staff of the Defense, the Armies, the Navy, the Military Emergency Unit, the vocal representatives of the management centers or bodies affected by the matters to be dealt with, has been designated by the holders of those bodies. (d) Secretary: He shall be appointed by the President, with a voice but without a vote.

2. The Standing Committee shall be responsible for the technical study and the formulation of the relevant comments on the documentation relating to the tasks conferred on the Commission, both in the functions and in the plenary session. composition of a general nature, as in its special composition for certain contracts.

3. The Ministerial Commission delegates to the Standing Committee the functions of the third article, without prejudice to the fact that the plenary may, at any time, endorse the knowledge of any matter. 4. In addition, the plenary session may entrust its own functions to the Permanent Commission in order to expedite and efficiently deal with the matters that require it.

Ninth. Working groups.-Working groups may be set up within the Committee on Electronic Management for the study and preparation of specific subjects, or for the development of specific programmes related to the functions of the Commission.

10th. Presentation of Simplification and Administrative Modernization.

1. The Committee on Simplification and Administrative Modernisation, in which the plenary of the Commission delegates the exercise of function (a) of the fourth article, is hereby established with the aim of promoting, approving, monitoring and evaluating modernisation initiatives. In the framework of the Simplification and Informatization Plan of the Ministry of Public Administrations and the initiatives of eGovernment. To this end, within two months of its establishment, it will have to issue a report-proposal for its adoption by the plenary.

2. The Simplification and Administrative Modernisation Ponance shall be composed of the following members:

(a) President: The Director of the Office for the Modernization of Military Administration.

b) Vice President: The Head of the Development Area of the General Subdirectorate of Technical and Telecommunications Services. c) Vocals: A vocal representative of the General Subdirectorate of Technical Services and Telecommunications, the vocal representatives of the Joint Chiefs of Defense, of the Armies and the Navy, as well as the vocal representatives of the centers managers and bodies affected by the matters to be dealt with, and a member of the Office for the Modernisation of Military Administration, appointed by the Director. (d) Secretary: He shall be appointed by the President, with a voice but without a vote.

3. The President of the Ponencia may propose to the officials of the management centres and agencies, the incorporation to the meetings of technical staff or specialized staff in the management of the procedures subject to the simplification and electronic processing.

4. This paper will have as an added mission to facilitate the analysis of functional redesign and evaluation of the simplification of the procedures, processes or services by eliminating the unnecessary procedures, the reduction of the supporting documentation of those and their standardisation, as well as the reduction of deadlines and response times and the rationalisation of the distribution of workloads and internal communications.

Additional disposition first. Constitution of the Commission.

1. The Ministerial Committee on Electronic Administration shall be constituted within a period of not more than three months from the entry into force of this Order.

2. The functioning of the Commission will not entail any increase in public expenditure and will be met with the material and personnel resources available in it. Ministry of Defense.

Additional provision second. Exclusions.

In accordance with the provisions of article 5.1 of Law 11/2002, of May 6, the regulator of the National Intelligence Center, to all collaboration agreements and supply contracts, consulting and assistance, and services in the field of the procurement of information technology goods and services which, in the performance of their duties, shall be carried out by the said Centre shall not result from the application of the provisions of the third Article.

Single transient arrangement. Term of the Plan Director of Information and Telecommunications Systems.

Until the Department's Strategic Plan for Electronic Administration is approved, the technological solutions provided for in the Plan Director of Information Systems and Telecommunications will continue to be in force.

Single repeal provision. Regulatory repeal.

Order 52/1987 of 24 September 1987, for which the Royal Decree 1/1987 of 1 January 1987, in the field of information technology, is hereby repealed.

Also, how many provisions of equal or lower rank are opposed to what is established in this order.

Final disposition first. Instructions for execution.

The Assistant Secretary of Defense will give the necessary instructions for the best fulfillment of this order.

Final disposition second. Entry into force.

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

Madrid, January 16, 2008. -Minister of Defense José Antonio Alonso Suarez.