Article 7 of Royal Decree 2291/1983, of 28 July, on organs for the elaboration and development of the government's IT policy establishes the Ministry of Informatics as an instrument for coordination within each department and as technical collaboration bodies with the Superior Council of Informatics and its Specialized Commissions.

The Ministry of Economy and Finance's Information Ministerial Commission was set up by Order of 16 September 1983 and amended by the Order of 4 June 1986 and 8 February 1988.

Later, the appearance of a new law of recruitment and the assignment of new functions to the Ministerial Commission of Informatics by Royal Decree 533/1992, of 22 May, of attribution of certain faculties in the procedures for the procurement of computer goods and services, they give rise to a new regulation of the Commission, which is carried out by the Order of 15 February 1996, which regulates the composition and operation of the Commission Ministry of Information and Communications Technologies of the Ministry of Economy and Finance.

The abolition of the Ministry of Economy and Finance carried out by Royal Decree 557/2000 of 27 April, and the creation, in turn, of the Ministry of Finance whose basic organic structure has been developed by the Royal Decree 1330/2000 of 7 July, therefore, make it necessary to set up the Ministerial Committee on Information and Communications Technologies of the new Department and to regulate its composition and functions as a ministerial collegiate body, to the object to comply with the forecast contained in Article 7 of Royal Decree 2291/1983 of 28 July 1983.

The regulation of the collegiate bodies of strictly ministerial scope, in accordance with the provisions of the second provision of Royal Decree 1330/2000, of July 7, can be carried out by the Order of the Minister of Hacienda, although the regulations for the creation or modification of these organs have the rank of Royal Decree.

In its virtue, after the approval of the Minister of Public Administrations, I have,

First. -1. The Ministerial Committee on Information and Communications Technologies of the Ministry of Finance, whose composition and functions are governed by this Order, is the collegiate body responsible for the elaboration of the policy of the Department in the field of information and communications technologies, by means of instructions and guidelines in line with the results of the Superior Council of Informatics, as well as the promotion, approval, monitoring and evaluation of (a) the information and communication plans and projects of the higher and managerial bodies; as of the public agencies of the Department.

2. The Ministerial Committee on Information and Communications Technologies is the liaison body with the Superior Council of Informatics and its specialized commissions, referred to in Royal Decree 2291/1983 of 28 July.

Second. -It is the competence of the Ministerial Information and Communications Technology Commission:

1. To study and approve the IT and communications plans of the various higher bodies and managers, as well as the public bodies of the Department and their corresponding revisions, in order to ensure the proper use and productivity of the resources and the communicability and compatibility of the data processing and transmission systems. In cases where such plans are extended to more than one higher body, a management body with a rank of Sub-Secretariat or a public body attached to the Department, the Ministerial Commission shall coordinate the preparation of such plans.

2. To know the investment plans in information and communications technologies of the Department and its degree of implementation.

3. Report on the draft general provisions, instructions and circulars of the Department which affect the competence of the Commission.

4. To coordinate actions aimed at establishing strategic lines and technical criteria of common interest in the field of information and communications technologies.

5. To study technological standardization and its implementation in order to ensure the compatibility of systems and data.

6. To maintain, in coordination with the various management bodies and public agencies of the Department, the inventory of resources in information and communications technologies of the Department, in accordance with the guidelines of the Council Superior of Informatics.

7. To provide technically, with a mandatory nature, projects, specifications and, where appropriate, specific administrative clauses, as well as the criteria for the selection of tenders and the award of the contract, and the methodologies and proposals for valuation and award, which relate to contracts in the field of information and communications technologies, including requests made through the Centralised Procurement Goods Catalogue of the Directorate-General for State Heritage and, inter alia, cases of disposal, disposal temporary use, donation and permuse, and, where appropriate, refer to the Inter-Ministerial Commission for the Acquisition of Goods and Information Services in the relevant file. Such projects and documents shall meet the needs and initiatives referred to in the information and communications plans.

According to Article 70.3 of Law 50/1998, of Fiscal, Administrative and Social Order Measures, contracts directly related to industrial activity are exempted from the provisions of the preceding paragraph. of the LAE; the supply of tickets for National Lottery tickets and games that are awarded by Law to the National Mint and Timbre, and the contracts of services with commercial companies in which it participates mostly, provided that the successful tenderer fulfils an economic function directly related to the activity of the body.

In the minor contracts defined in Articles 176 and 201 of the recast of the Law on Public Administration Contracts, the technical report shall be issued by a technical paper made up of the representative the management centre, body or public entity which is processing the file and by the Vice-President and Secretary of the Standing Committee governed by the fourth and fifth paragraphs of this Order.

8. To issue the technical reports and to exercise the other powers attributed to the Ministry of Informatics by Royal Decree 533/1992, of 22 May.

9. To promote the training of personnel in the field of computer science and communications, which will be part of the General Training Plan of the Department, as well as the dissemination of new products and techniques, without prejudice to the competences attributed to the Institute for Fiscal Studies in the field of personnel training.

10. Develop proposals and propose how many measures are considered appropriate for the implementation of information and communications technologies in the Department. It will also promote the services offered through the Internet and Intranet by coordinating its technological aspects to obtain the most effective systems for the treatment and transmission of information and to guarantee the integrity and security of its information systems.

11. To collaborate technically with the Purchasing Boards or, where appropriate, the Department of Contracting of the Department, and with the Superior Council of Informatics and its Commissions specialized in the terms established in Royal Decree 2291/1983.

12. To advise the higher and managerial bodies as well as to the public bodies of the Department, upon request, in the field of information and communications technologies.

13. To promote systematic implementation and maintenance in the time of risk analysis of information systems and their management, using the methodology and tools to be determined.

14. To promote the projects of provisions on the creation, modification or deletion of automated files of data of public ownership of the Department and its registration in the Agency of Data Protection, and the tasks that are derived from the Application of the Safety Regulation for personal data, approved by Royal Decree 994/1999 of 11 June 1999.

15. Promote and coordinate the implementation, within the Department, of the Plan of measures, recommendations and best practices in the acquisition and use of computer programs by Public Administrations, and of how many measures the Council adopts Superior de Informática, in collaboration with the Inter-Ministerial Commission for the Acquisition of Information and Information Services, to act against the activities that violate intellectual and industrial property rights.

The powers laid down in this Order are without prejudice to the provisions of the Order of 26 February 1996, which confers jurisdiction on the State Tax Administration Agency for the acquisition of equipment and systems for the processing of information.

The Information and Communications Technology Ministerial Commission may collect from the Department's management bodies and public bodies how much data and reports it deems necessary in the field of its competence for the fulfilment of its aims.

Third. -1. The Commission, attached to the Secretariat for Finance, may act in plenary and in the Standing Committee.

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

President: The Undersecretary of Finance, who will be able to delegate to the Vice President.

Vice President: The Director General of the State Heritage.

Vocals:

A representative of the Secretariat of State of Finance appointed by the head of that higher body.

A representative of the Secretariat of State for Budgets and Expenditure appointed by the head of that higher body.

A representative of the Secretariat appointed by the head of the said management body.

A representative of the General Secretariat for Fiscal, Territorial and Community Policy appointed by the head of the said management body.

A representative of the General Intervention of the State Administration appointed by the head of that management body.

A representative of each of the public agencies that are dependent or linked to the Department and included in the scope of the subjective application of Article 1.3 of the recast of the Law on Government Contracts Public, appointed by the President or Director-General of the body.

The President of the Commission may also designate, in a maximum number of two, the Vocals that he deems appropriate among the Directors-General of the Department.

Vowels must have a minimum category of Director-General or equivalent, and may delegate to an alternate, who must have a minimum category of Subdirector-General or assimilated.

3. He will serve as Secretary of the Ministerial Commission for the Deputy Director-General for Information and Communications Technologies, with a voice and without a vote.

4. The Commission in plenary shall meet at least once a year in order to carry out the planning and approval of draft budgets for the following financial year and the monitoring of such planning.

Fourth. -An Permanent Commission, delegated to the plenary, with its own powers, shall be exempt, provided that the subject matter of report, study, approval, impulse or proposal relates to projects of the systems of treatment of the information and communications technologies affecting certain management bodies or public bodies, with the obligation to inform the plenary session of the matters dealt with and to deal with them, if appropriate, through the Commission. Interministerial for the Acquisition of Information and Information Services.

It will also be the responsibility of the Standing Committee to delegate, expressly, the Commission's plenary session.

Fifth. -1. The Standing Committee on Information Technology and Communications of the Department shall be composed of the following members:

President: The Chief of the Technical Cabinet of the Assistant Secretary.

Vice President: The Secretary of the Plenary.

Vocals:

A representative of each of the management bodies with the rank of Directorate-General, of the Secretariat of State of Finance, appointed by the head of the higher body.

A representative of each of the management bodies with the rank of Directorate-General, of the Secretariat of State for Budgets and Expenditure, appointed by the head of that higher body.

A representative of each of the managing bodies with the rank of Deputy Secretary General, appointed by the Undersecretary.

A representative of the General Secretariat for Fiscal, Territorial and Community Policy, appointed by the head of that executive board.

A representative of the General Intervention of the State Administration, appointed by the head of that executive board.

A representative of each of the public agencies that are dependent or linked to the Department and included in the scope of the subjective application of Article 1.3 of the recast of the Law on Government Contracts Public, appointed by the President or Director-General of the body.

The President of the Plenary Assembly may also appoint, in a maximum number of two, the Vocals that he deems necessary.

The Vowels of the Standing Committee shall have a minimum category of Subdirector-General or assimilated and may delegate to an alternate, who shall have a category of Deputy Director or equivalent.

2. He will act as Secretary of the Permanent Commission, an official of the General Secretariat of Information and Communications Technologies, with voice and without a vote.

3. The Standing Committee shall meet at least once a month to discuss and report the projects submitted.

Sixth. -1. It is for the Permanent Commission's Vocals to present to the Commission the projects, plans and specifications of administrative clauses and technical prescriptions originating in their management bodies or public bodies, the monitoring and evaluation of the As well as the number of initiatives it considers appropriate for the coordination of IT services, in order to ensure the proper use of the physical and logical park and the suitability of the expenditure and investment proposals.

2. In order to give greater speed to proposals and initiatives submitted to the Standing Committee, a representative of the governing body or public body may attend the sessions of the Standing Committee, with a voice and without a vote, to resolve any doubts or details that may arise in the deliberation of such proposals and initiatives.

Seventh.-Within the Standing Committee, technical papers will be created, in the cases deemed necessary, whose role will be to support the Commission in the exercise of its functions.

The composition of these papers will be appointed by the Permanent Commission.

Eighth. -Within the Standing Committee, working groups may be set up by members of the Standing Committee and other staff, due to their particular expertise, in order to proceed to:

1. To draw up the reports of cases raised to the Commission's attention.

2. Carry out studies and follow up technological developments and the implementation of methodologies, procedures and standardisation.

3. Set up planning and audit projects, drawing up the precise technical documentation, monitoring the work and issuing the relevant reports, without prejudice to the powers of other bodies in the Department for inspection and audit.

Ninth. -The various higher and managerial bodies, as well as the Department's public bodies will appoint a coordinator with the following functions:

1. To participate in the work of the Commission in accordance with what is established in this Order.

2. To provide the Commission with accurate data for the maintenance of the Department's inventory of IT equipment.

3. To develop and promote the appropriate measures in order to achieve the greatest effectiveness and efficiency of the information and communications processing systems.

Tenth. -Without prejudice to the peculiarities provided for in this Order, the Ministerial Committee on Information and Communications Technologies shall be governed by the provisions of the Chapter 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 4/1999, of January 13, of amendment of Law 30/1992.

Eleventh. -The procurement files that have been informed in some of its phases by the Information and Communications Technologies Commission of the extinct Ministry of Economy and Finance, will have to be informed in the successive stages by the Commission set up in this provision, without it being necessary to report back the entire dossier.

12th. Provisions of the same or lower rank are hereby repealed as far as this Order is concerned.

13th.-The instructions for the operation of the Permanent Commission will be issued by the Department's Assistant Secretary.

14th. This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 22 January 2001.

MONTORO ROMERO

Excms. Mr Secretary of State for Finance, Secretary of State for Budgets and Expenditure and Ilmo. Mr

Undersecretary of Finance.