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Order Of 16 September 1996 Which Regulates The Composition And Functioning Of The Ministerial Committee On Information Technology Of The Ministry Of Labour And Social Affairs.

Original Language Title: Orden de 16 de septiembre de 1996 por la que se regula la composición y funcionamiento de la Comisión Ministerial de Informática del Ministerio de Trabajo y Asuntos Sociales.

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TEXT

Royal Decree 758/1996, of 5 May, of restructuring of the ministerial departments creates the Ministry of Labour and Social Affairs. Subsequently, the Royal Decrees 839/1996, of 10 May, and 1888/1996, of 2 August, establish their basic organic structure, refusing in the Ministries of Labour and Social Security and Social Affairs.

Ministry of Labour and Social Security, together with the Ministry of Labour and Social Security, created the Ministry of Labour and Social Security by Order of 17 January 1986 and the Ministry of Social Security. Ministry of Social Affairs by Order of 26 January 1989.

On the other hand, the new regulation on the procurement of Public Administrations, as well as the assignment of new functions to the Ministry of Information of Informatics by Royal Decree 533/1992, of May 22, have amended the established competence framework.

In addition, the progressive implementation of Information and Communications Technologies within the Ministry of Labour and Social Affairs, as well as the growing demand for electronic, computer and electronic technology and In the case of intercommunication and exchange of information, it makes it necessary to make the most of the available resources, through actions aimed at improving the planning, coordination, standardisation and supervision of initiatives and actions to be undertaken in the field of these technologies.

All of the above makes it necessary to set up the Ministry of Labour and Social Affairs ' Ministerial Commission of Informatics.

For all the above, and after the approval of the Minister of Public Administration, I have:

Article 1.

The Commission of Informatics of the Ministry of Labour and Social Affairs, whose composition and functions are regulated in this Order, is the collegiate body responsible for the elaboration of the policy of the Department in the field of Information and Communications Technologies in line with the results of the Superior Council of Informatics, as well as of the study, approval, monitoring and evaluation of the plans that on these subjects, propose the different centers, bodies, entities and services assigned to it.

The Commission of Informatics is the liaison and collaboration body with the Superior Council of Informatics and its specialized commissions referred to in Royal Decree 2291/1983 of 28 July on Organ of elaboration and development of the government's IT policy.

It is understood by the Department, for the purposes of this Order, the management centres, autonomous bodies and entities governed by public law which are dependent or attached to the Ministry of Labour and Social Affairs, defined in the Article 1.3 of Law 13/1995, of 18 May, of Contracts of Public Administrations.

Article 2.

It is the competence of the Computer Commission:

1. Study and approve, as appropriate, the Department's General Plan for Information and Communications Systems, as well as its successive revisions.

2. To study and approve, where appropriate, the plans of information and communications systems of the different management centers, autonomous agencies, entities and services dependent on the Department, as well as any revisions, so that 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 Labour and Social Affairs.

3. To report on draft general provisions which affect the powers of the Commission.

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

5. The study and implementation of 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.

6. Maintain the inventory of resources in information and communications technology of the Department, in coordination with the various management centers, autonomous agencies, entities and services, in accordance with the guidelines that emanate from the Superior Council of Informatics.

7. To report on investment forecasts for information and communications systems that are included in the proposal of the Department for its entry into the General Budget of the State and Social Security.

8. Communicate, with appropriate anticipation to the competent contracting authorities, the contracts to be carried out for each financial year in the field of Information and Communications Technology Systems, so that they can may comply with the provisions of Articles 178 and 204 of Law 13/1995 of 18 May 1995 on the advance of advance advertising within the scope of the European Community.

9. To report on the Department's proposals to the competent bodies in relation to the relations of jobs, templates, valuation and systems of access of the jobs of computer content.

10. Inform the projects of willingness to publish in the "Official State Gazette" regarding the creation, modification or deletion of automated files of public ownership of the Department, as provided for in article 18 of the Law Organic 5/1992, 29 October and, in general, coordinate the actions prescribed by the aforementioned Organic Law.

11. Maintain the inventory of automated files of ownership of the Department referred to in the previous section, in coordination with the different management centers, autonomous agencies, entities and services, 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 of 29 October.

12. Inform the projects, documents of administrative clauses and technical prescriptions, offers and proposals of assessment made by the management centres, autonomous bodies, entities and services of the Department that refer to the to the procurement of information and communications services, including, inter alia, cases of disposal, temporary disposal for consideration or free of charge, donation and permuse, as well as their referral, where appropriate, to the Commission Interministerial for the Acquisition of Information and Information Services. Such projects and documents shall meet the needs and initiatives referred to in the relevant information and communications technology systems plans.

13. To inform preceptively the proposals of the acquisition of goods and services and of communications, included in the catalogues of goods of centralized acquisition of the Central Service of Supplies of the Directorate General of Heritage of the State, carried out by the management centres, autonomous bodies, entities and departments of the Department.

14. To issue the technical reports and to exercise the other powers conferred on the Ministerial Commission of Informatics by Royal Decree 533/1992.

15. To promote the training of personnel in the field of information and communications technologies that will be part of the General Plan for the formation of the Department, as well as the dissemination of new products and techniques.

16. To link and 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 specialized Commissions, in the terms established in Royal Decree 2291/1983.

17. To advise the centers and entities of the Department, upon request, in the field of information and communications technologies.

18. To develop and propose how many measures are considered appropriate for the implementation of information and communications technologies, with a view to achieving greater efficiency in the systems for the processing and transmission of information and in the integrity and security of information systems.

19. Approve the annual report of the Department's actions in the field of information and communications technologies.

20. The Ministerial Commission of Informatics may collect from all the units of the Department, in the field of its competence, how much data and reports it deems necessary for the fulfilment of its purposes.

Article 3.

1. The Commission, attached to the Under-Secretary for Labour and Social Affairs, will be able to act in plenary and technical work.

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

President: The Assistant Secretary for Labor and Social Affairs, who will be able to delegate, in his order, the Vice-Presidents.

First Vice President: The Assistant Director-General for Computer Planning and Coordination.

Second Vice President: The Deputy Director of Data Processing at the Ministry of Labour and Social Affairs.

Secretary: An official of the Ministry of Planning and Information Coordination, appointed by the President.

Vocals:

Deputy Director-General of Financial Management at the Ministry of Labour and Social Affairs.

The Deputy Director General of Informatics and Statistics at the National Institute of Employment.

The Social Security Computer Manager.

A representative, with a level 30 job, of each of the management centers, self-governing bodies and public law entities dependent or attached to the Ministry of Labour and Social Affairs, excluding those already referred to in this heading.

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. 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.

4. The Technical Paper 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 Deputy Director General of Informatics and Statistics at the National Institute of Employment.

The Social Security Computer Manager.

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 President and Vice-President shall be among the other vowels.

6. For the study and deliberation of the proposals and initiatives presented by each proposing Centre, the Centre may send a representative, who will act with voice and vote on the topics that correspond to its Centre.

7. 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.

Article 4.

The cases to be included on the agenda of the Commission must be forwarded to the Secretariat in advance sufficient time for them to be informed by the Technical Ponance.

Article 5.

The User Center for the goods or services to be hired shall raise the contract specifications to the competent contracting authority. This specification will have been previously ruled by the Commission and, where appropriate, by the Inter-Ministerial Commission for the Acquisition of Information and Information Services.

Article 6.

In the area of information and communications technologies no decision will be taken that has a budgetary impact without the prior conformity of the Ministerial Commission. To this end, the organs of the Ministry of Labour and Social Affairs shall refrain from processing any file of authorization or of provision of expenditure relating to goods or services for the automated processing of information without The same is the previous report of the Ministerial Commission and, as the case may be, the Inter-Ministerial Commission for the Acquisition of Information and Information Services.

Article 7.

Without prejudice to the peculiarities provided for in this Order, the Ministry of Labour and Social Affairs ' Ministerial Commission of Informatics shall be governed by the provisions laid down in the matter of collective bodies in Chapter II of the Title II of Law 30/1992 of 26 November 1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Transitional disposition.

The ongoing procurement files in which no award proposal has been produced shall be governed by the provisions of this Order. However, it will not be necessary to accommodate the measures taken before the entry into force of Royal Decree 758/1996 of 5 May.

Repeal provision.

The Order of 17 January 1986, for which the Information and Information Commission of the Ministry of Labour and Social Security is regulated; the Order of 26 January 1989, establishing the Ministerial Commission for Information Technology, of the Ministry of Social Affairs.

The Order of 8 January 1980, on the creation of the Management of Computer Science of Social Security, as amended by the Order of 7 May 1981, is hereby repealed in any way which is opposed to this Order.

All the references that are made to the Ministry of Health and Social Security's Information Ministerial Commission in the above orders are to be understood by the Ministry of Information Informatics of the Ministry of Health and Social Security. Ministry of Labour and Social Affairs.

Final disposition.

1. The Secretariat of the Department shall adopt appropriate measures in order to ensure the functioning of the regulated bodies and the application of this Order.

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

Madrid, 16 September 1996.

BOCANEGRA SANDS

Excmo. Mr Secretary of State for Social Security, Ilmos. Mr Deputy Secretary and Secretary General of Employment and Ilma. Ms. General Secretariat for Social Affairs.