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Order Tas/3371/2006, On 30 October, Which Regulates The Composition And Functions Of The Ministerial Committee On Electronic Administration Of The Ministry Of Labour And Social Affairs.

Original Language Title: ORDEN TAS/3371/2006, de 30 de octubre, por la que se regula la composición y funciones de la Comisión Ministerial de Administración Electrónica del Ministerio de Trabajo y Asuntos Sociales.

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TEXT

The Order of the Ministry of Labor and Social Affairs of 16 September 1996 regulated the composition and functioning of the Department's Ministry of Informatics. The subsequent Instruction of Procedure of 1 December 1996 supplemented that Ministerial Order in all those aspects not provided for therein, in order to ensure the regularity and uniform treatment of the cases in which the the agenda for the sessions, both for the plenary and for the technical work. Royal Decree 1600/2004 of 2 July, for which the current basic organic structure of the Ministry of Labour and Social Affairs is developed, has in its article 13 which corresponds to the holder of the Secretariat of the Department of the Presidency of the Ministerial Commission of Informatics, currently the Ministerial Commission of Electronic Administration, the elaboration and coordination of the implementation of the plan director of systems of information and communications of the department, the coordination and, in their case, management of the lines of action and the projects defined in the master plan (a) the definition, coordination and, where appropriate, the management of the measures to be taken in relation to the electronic administration. Royal Decree 589/2005, of 20 May, for which the collegiate bodies responsible for the Electronic Administration are restructured, seeks to extend and deepen the information society in the General Administration of the State, for which considered appropriate the updating of the collegiate bodies with competence in the field of information technologies, transforming the previous Higher Council of Informatics into the Higher Council of Electronic Administration, and the Ministerial Committees of Informatics in Ministerial Commissions of Administration Electronic. It has also considered the terms communications or telecommunications included in the information technology, it seeks to ensure the interoperability requirements between public administrations by informing strategic decisions and delimiting the content of the strategic plans, plans and plans of systems, and in short, it has tried to adapt the structure, functions and means necessary for the development of the Electronic Administration. In order to make effective the guidelines set out in the two actual decrees mentioned above, this Ministerial Order provides, first of all, the creation of the Ministerial Committee of Electronic Administration with the functions established in the Article 8 of Royal Decree 589/2005, in addition to the mandate of the second transitional provision thereof. In the second term, and according to the provisions of Royal Decree 1600/2004, the tasks of internal coordination in the field of electronic information and administration are explicitly mentioned. In order to harmonize the various actions developed in the field of information technology and the Electronic Administration, a departmental strategic plan will be developed that synchronizes the strategic lines of the Higher Council of Electronic administration and the department's director of information systems. Finally, given the complex structure defined in Royal Decree 1600/2004, the policy on information technology of the Government set out in its strategic plan through the Higher Council of Electronic Administration (Consejo Superior de Administración Electronica) plasmara in this Department in a system director plan that reflects the strategic lines of that strategic plan, in application action lines common to all the units of the plan, and in a concatenation of systems plans that reflect the technological model of each unit. For all the above, and with the approval of the Minister of Public Administrations, I have:

Article 1. Nature and Character.

The Ministry of Labour and Social Affairs ' Ministerial Committee on Electronic Administration, whose composition and functions are regulated in this Order, is the collegiate body responsible for internal coordination and the development of the Department's policy on 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 of systems to be proposed by the different centers, agencies, entities and services assigned to the department.

The Ministerial Commission of Electronic Administration is the liaison and collaboration body within the Department, with the Superior Council of Electronic Administration. Department, for the purposes of this Order, the higher and managerial bodies, the autonomous bodies and the Management Entities and the Common Services of the Social Security dependent or attached thereto.

Article 2. Competences.

1. These are the competencies of the Ministry of Labor and Social Affairs ' Ministerial Committee on Electronic Administration: (a) Develop the Department's strategic plan, which will include both the department's information systems director and the possible plans of systems in the field of information technologies and electronic administration, based on the proposals of the various higher bodies and managers, autonomous bodies and the Management Entities and the Common Services of the Social Security. To 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 plenary session of the Superior Council of Electronic Administration. 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 Board of Directors of the Board of Directors Electronic, and ensure the accuracy and completeness of the data pertaining to your 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 Management Entities and the Common Services of Social Security, as well as its possible revisions, in order to ensure the proper coordination between them and the departmental strategic plan. e) Coordinate the actions aimed at establishing the strategic and action lines, which are considered to be of general interest and application in the field of information technologies, as well as to the electronic administration to the entire department. (f) to report on draft general provisions which affect the powers of the Commission. (g) to report on the investment forecasts for information systems and technologies, as well as the Electronic Administration, which will be included in the department's proposal for entry into the General Budget of the State and of Social Security. (h) Report on the proposal of the competent bodies, on the relations of jobs, templates, valuation and access systems of the information technologies, as well as administration Electronic, or the modifications thereof. (i) Report 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 for in Article 20 of the Law Organic 15/1999, of December 13, of Protection of Personal Data, and in general, to coordinate the actions prescribed in the aforementioned Organic Law. j) 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 agencies of the department and entities Management and Common Services of Social Security, as well as the registration of the same in the Data Protection Agency, as provided for in article 39 of the Law 15/1999, of 13 December, of Protection of Data of Character Personal. (k) The processing and dispatch to the Standing Committee of the Superior Council of Electronic Administration, for its report, of the files subject to the report's mandatory report. (l) The technical report of the memory and the technical specifications of the contracts of information technologies that are not subject to the mandatory report of the Standing Committee of the Superior Council of Electronic Administration. (m) The technical report of the memory of the contracts for the centralized acquisition of goods and services in the field of information technologies carried out under the Law of Contracts of Public Administrations. (n) 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, and this has been informed by the plenary of the Superior Council of Electronic Administration. (o) Reports prior to the award of contracts for supplies, services, consultancy and assistance in the field of information technology. (p) To issue to the Electronic Administration Observatory all information on the Commission's procurement files, in accordance with the provisions of Royal Decree 589/2005 of 20 May 2005. (q) To promote the training of personnel in the field of information technologies and electronic administration, which will be framed in the training plans of the department, as well as the dissemination of new products, techniques or specialties in these matters. (r) To advise the bodies, agencies and entities of the department, upon request, in the field of information technology, as well as in the field of electronic administration. (s) Develop and propose any measures considered appropriate for the implementation of information technologies, as well as in the field of electronic administration, with a view to achieving greater effectiveness in the treatment systems and the transmission of information and the integrity, security and accessibility of information and care systems for citizens. (t) Raise for approval the annual report of the department's activities 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 of Electronic Administration shall be evacuated on the award proposal, but the content of the administrative procurement file shall be examined for appropriate emission. This shall include, among other documents, the memory and the specifications of administrative and technical requirements, as well as the assessment reports of tenders and the necessary technical and economic documentation. 4. The Ministerial Committee of Electronic Administration may collect from all units of the department, as well as from external organizations, within the scope of its competence, how much data and reports it deems necessary for the fulfilment of its aims. 5. The processing of the technical reports of the Ministerial Commission of Electronic Administration shall be carried out using telematic 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 Superior Council of Electronic Administration.

Article 3. Composition.

1. The Ministerial Committee on Electronic Administration is dependent on the Department's Secretariat, and will be able to act in plenary and in technical capacity.

2. The plenary session of the Commission shall be composed of the following members:

President: The Deputy Secretary for Labour and Social Affairs.

First Vice President: The Assistant Director-General for Information Planning and Coordination at the Ministry of Labour and Social Affairs. Second Vice President: The Deputy Director General of Data Processing of the Ministry of Labour and Social Affairs. Secretary: An official of the Subdirectorate General of Information Planning and Coordination, appointed by the President on a proposal from the holder of the General Subdirectorate General, who will act with a voice but without a vote. Vowels:

The Social Security Computer Manager.

The Deputy Director-General of Information and Statistics of the State Employment Public Service. Deputy Director-General of Financial Management at the Ministry of Labour and Social Affairs. A representative, with a level 30 job, of each of the Cabinets of the Secretaries of State and Technical Cabinets of the Secretaries-General of the Ministry of Labour and Social Affairs, appointed by the President on a proposal from the holders of the same. A representative, with a level 30 job, of each of the Secretaries of State, General Secretaries, Autonomous Bodies and Public Law Entities dependent or attached to the Ministry of Labour and Social Affairs, excluding the referred to in this Article, appointed by the President on the basis of a proposal from the President.

3. The President may also propose the appointment, and in a maximum number of three, of the vowels he deems appropriate among department officials.

4. In the absence of the President, the Vice-President shall, first and in the absence of the Chair, chair the Commission. 5. The plenary session of the Commission shall be held on an ordinary basis on a monthly basis and shall be extraordinary when the President agrees. 6. The matters to be included on the agenda of the plenary session of the Commission shall be forwarded to the Secretariat in good time before they can be informed by the Technical Ponance.

Article 4. Technical Paper.

1. The technical study and the proposal for a resolution of all the matters to be dealt with in the plenary session, as well as the decision of the delegated affairs by the Commission, will be the responsibility of the Commission.

2. The Technical Ponance shall be composed of the following members:

President: The first Vice-President of the Commission.

Vice President: The second Vice-President of the Commission. The Computer Manager of Social Security. The Deputy Director-General for Information and Statistics of the State Employment Public Service. Secretary: The Secretary of the Commission, who will act with a voice but without a vote.

3. The Technical Ponance may be chaired by the President of the Commission, where in the opinion of the Commission, the importance of the matters to be dealt with on the agenda. In this case, the President and Vice-President shall be among the other vowels.

4. For the study and deliberation of the proposals and initiatives presented by each Proposer Management Centre, this may send a representative, who will act with voice and vote on the topics that correspond to his Center. 5. The President may designate the technical advisers he deems necessary for the development of the work of the Technical Ponance, which will have a voice but no vote.

Article 5. Operation.

Without prejudice to the peculiarities provided for in this Order, the Ministry of Labour and Social Affairs ' Ministerial Committee on Electronic Administration shall be governed by the provisions of the law of 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 General of the State.

Single additional disposition. Power of execution.

The Secretariat of the Department shall adopt the measures deemed necessary for the implementation and application of this Order.

Single transient arrangement. Procurement files 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 Informatics with regard to these files.

Single repeal provision. Regulatory repeal.

The Order of the Ministry of Labour and Social Affairs of 16 September 1996 is hereby repealed, regulating the composition and functioning of the Ministry of Labour and Affairs ' Ministerial Commission of Informatics Social, as well as how many provisions of equal or lower rank are opposed to what is established in this Order.

Single end disposition. Entry into force.

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

Madrid, October 30, 2006. -Minister of Labor and Social Affairs, Jesús Caldera Sanchez-Capitan.