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Order Of 2 March 1999 Which Regulates The Composition And Functions Of The Ministerial Committee Of Informatics And Communications Of The Department.

Original Language Title: ORDEN de 2 de marzo de 1999 por la que se regulan la composición y funciones de la Comisión Ministerial de Informática y de las Comunicaciones del Departamento.

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TEXT

Royal Decree 1490/1998 of 10 July, establishing the organic structure of the Ministry of Agriculture, Fisheries and Food, creates the Subdirectorate-General for Informatics and Communications, which is dependent on the Sub-secretariat, which is attributed, among other functions, to the management and planning of the Department's computer and communications resources.

On the other hand, the corresponding regulation on data computerization, contained in the Organic Law 5/1992, of October 29, of Regulation of the Automated Treatment of Personal Data and the Royal Decree 533/1992, of 22 May 1992, for which certain powers are conferred on the procedures for the procurement of computer goods and services, they attribute to the Commission's Ministry of Information and IT certain powers in this field.

In view of the above, along with the need established by the Government of the Nation to achieve maximum transparency in the management of public funds, the regulation and creation of the Ministerial Commission is necessary. The Department of Information and Communications of the Department is included in this Order.

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

Article 1. Nature and character.

The Ministry of Information and Communications of the Ministry of Agriculture, Fisheries and Food, whose composition and functions are regulated in this Order, is the collegiate body responsible for the establishment of General guidelines and coordination of the policy of the Department and its Autonomous Bodies in the field of Information and Communications systems and technologies, as well as the study, monitoring and evaluation of the plans (a) materials are proposed for the various institutions, bodies and entities attached to the Ministry.

The Ministry of Information and Communications is the liaison and collaboration body with the Superior Council of Informatics and its specialized commissions referred to in Royal Decree 2291/1983, of July 28, on organs for the development and development of government information policy.

Article 2. Competences.

1. It is the responsibility of the Ministerial Commission for Information and Communications:

(a) To study and approve, as appropriate, upon a proposal by its President, and by delegation of the Department's holder, the Department's General Plan of Information and Communications Systems, as well as its successive revisions.

b) To study and approve, where appropriate, the plans of information and communications systems of the different management bodies and public bodies that are dependent on the Department, as well as their possible revisions, so that they can be ensure the proper use and productivity of the resources and the communicability and compatibility of the different data processing and transmission systems and ensure coordination between them and the General Information and Information Systems Plan Communications from the Ministry of Agriculture, Fisheries and Food.

c) to report on draft general provisions whose subject matter concerns the powers of the Commission.

d) Coordinate actions aimed at establishing strategic lines and technical criteria of general interest in the field of information and communications technologies.

e) To study and implement the technological standardization necessary to ensure the achievement of the objectives of the productivity of the resources and the compatibility and communicability of systems and databases.

f) Maintain the inventory of resources in information and communications technologies of the Department, in coordination with the various management bodies and public bodies, in accordance with the guidelines emanating from the Superior Council of Informatics.

g) Report on the investment forecasts for information and communications systems, which are included in the proposal of the Department for its entry into the General Budget of the State.

(h) to 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 and the (a) communications, so that they can comply with the provisions of Articles 178 and 204 of Law 13/1995 of 18 May 1995 on the Contracts of Public Administrations in relation to the annual advance publicity within the scope of the European Community.

i) Report, at the request of its President, 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 jobs of computer content.

j) Report the draft provisions to be published in the "Official State Gazette" regarding the creation, modification or deletion of automated files of public ownership of the Department, as provided in the Article 18 of the Organic Law 5/1992 and, in general, coordinate the actions prescribed by the aforementioned Organic Law.

k) Maintain the inventory of automated files of ownership of the Department referred to in the previous paragraph, in coordination with the various management bodies and public bodies, as well as the registration of the same in the Data Protection Agency, as provided for in Article 38 of the Organic Law 5/1992.

(l) Inform projects, documents of administrative clauses and technical prescriptions, offers and assessment proposals made by all public bodies that deal with the procurement of goods and services information and communications, including, inter alia, the cases of disposal, temporary assignment for consideration or free of charge, donation and permuse, as well as its referral, where appropriate, to the Inter-Ministerial Commission for the Acquisition of Goods and Services Computer.

Such projects and documents must respond to the needs and initiatives envisaged in the corresponding plans of information and communications technology systems.

This report will also be necessary as a prerequisite for the completion of job assignments of any kind related to information and communications technologies to companies that because of their medium character the Department itself maintains with the Ministry legal relations other than the procurement in relation to the supply of goods or the provision of services.

m) Inform proposals for the acquisition of computer and communications goods and services, including in the centralised procurement goods catalogues of the Central Supply Service of the Directorate-General for State heritage, made by the department's governing bodies and public bodies. This report will be necessary for the request to be made to the Central Supply Service.

n) To issue the technical reports and to exercise the other powers attributed to the Ministry of Informatics by Royal Decree 533/1992.

n) Inform and, where appropriate, propose to the Department Secretariat the training plans of personnel in the field of information and communications technologies that will be part of the General Training Plan of the Department, as well as the dissemination of new products and techniques.

o) Link and 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 specialized commissions, in the terms established in the Real Decree 2291/1983.

p) To advise the management and public bodies of the Department, upon request, in the field of information and communications technologies.

q) To propose how many measures are considered appropriate for the implementation of information and communications technologies, in order to achieve greater effectiveness in the treatment and transmission systems of the information and in the integrity and security of information systems.

2. The Ministerial Committee on Information and Communications may, through its Chairman, collect from all the Department's units, in the field of its competence, how much data and reports it deems necessary for the performance of its activities. The aim of the project is to promote the assistance and cooperation of those units which are necessary for the best fulfilment of their aims and objectives.

Article 3. Composition.

1. The Commission, attached to the Secretariat of the Department, may act in plenary and in technical capacity.

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

President: The Undersecretary of the Department.

Vice President: The Assistant Director-General for Informatics and Communications.

Secretary: An official of the Subdirectorate General of Informatics and Communications, appointed by the President, with a voice but without a vote.

Vowels: A Deputy Director General or Assimilated, representing each of the higher bodies, management centres, autonomous agencies and entities of the Department, appointed by the Deputy Secretary, on a proposal from the Secretaries-General for Agriculture and Food and Maritime Fisheries and the Presidents and Directors of Autonomous Bodies.

The President may additionally designate, and in a maximum number of five, the vowels he deems fit among Department officials.

The President may appoint, with a voice, but without a vote, the technical advisers he deems necessary for the development of the Commission's work.

3. In the absence of the President, the Vice-President shall chair the Commission.

4. The plenary session of the Commission shall meet on a regular basis at a quarterly intervals. It shall be extraordinary when the President agrees on his own initiative or at the request of a party.

Article 4. Technical Paper.

1. The technical study and the proposal for a resolution of the cases to be dealt with in the plenary session, as well as the decision of the matters delegated by the Commission, shall be responsible for the technical study of the Commission.

2. When the Technical Ponance adopts agreements by delegation of the plenary of the Commission its decisions shall be enforceable and the certifications which of those agreements shall be issued shall have full validity in order to initiate the formalities that the execution of the Make it necessary. This is without prejudice to the information which will be communicated to the plenary session of the Commission at its next meeting.

3. The Commission's plenary session may delegate powers to the Technical Ponance, both for specific cases in which such delegation is deemed appropriate, and for generic cases in which some characteristic makes it appropriate to expedite the procedure. (decisions below a given economic amount, concrete executions of agreements of a more general nature, etc.).

4. The Technical Paper shall be composed of the following members:

President: The Vice-President of the Commission.

Vocals: the Deputy Director-General for Information and Communications and the representatives appointed for the purpose by the management centres, autonomous bodies and entities that have submitted proposals for their study by the Commission.

Secretary: The Secretary of the Commission.

5. 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 Vice-President of the Commission shall be among the other members.

6. The President may designate, with a voice, but without a vote, the technical advisers he deems necessary for the development of the work of the Technical Ponance.

7. The Technical Ponance shall meet, on an ordinary basis, once a month and may do so on an extraordinary basis when the President considers it necessary.

Article 5. Operation.

1. Without prejudice to the peculiarities provided for in this Order, the Ministerial Commission for Information and Communications of the Ministry of Agriculture, Fisheries and Food shall be governed by the provisions laid down in the matter of collective bodies in 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 operation of the Commission will not entail any increase in public expenditure and will be met with the material and personnel resources available in the Ministry of Agriculture, Fisheries and Food.

Single repeal provision.

The Orders of the Minister for Agriculture, Fisheries and Food of 6 September 1991y9October 1996 and any other provision of equal or lower rank which is opposed to this Order are hereby repealed.

Final disposition first. Power of application.

The Secretariat of the Department will dictate the instructions for the implementation and implementation of this Order that are deemed necessary.

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, 2 March 1999.

DE PALACIO DEL VALLE-LERSUNDI Ilmos. Mr Deputy Secretary General, Secretary General, Technical Secretary General, Directors-General and Presidents and Directors of Public Bodies.