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Order Int/2605/2012, December 4, Which Regulates The Composition And Functions Of The Ministerial Committee On Electronic Administration Of The Ministry Of The Interior.

Original Language Title: Orden INT/2605/2012, de 4 de diciembre, por la que se regula la composición y funciones de la Comisión Ministerial de Administración Electrónica del Ministerio del Interior.

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TEXT

The modification, on the one hand, of the basic organic structure of the Ministry of the Interior by the publication of Royal Decree 1887/2011 of 30 December, establishing the basic organic structure of the departments The Ministry of Education, the Ministry of Education and the Ministry of Education, and the Royal Decree 400/2012 of 17 February, for which the basic organic structure of the said Department is developed. And, on the other hand, the approval and entry into force of Law 24/2011, of August 1, of public sector contracts in the fields of defense and security, as well as of the recused text of the Law of Public Sector Contracts, approved by the Real Legislative Decree 3/2011 of 14 November, it is necessary to adapt the composition and functions of the Ministry of Electronic Administration of the Ministry of the Interior to these new circumstances.

This Order has been favourably informed by the Board of Directors of the Board of Directors, as well as by the Ministry of Electronic Administration.

In its virtue, with the prior approval of the Minister of Finance and Public Administrations, I have:

Article 1. Nature of the Ministerial Committee on Electronic Management.

The Ministry of the Interior's Ministry of Electronic Administration, as a collegiate body attached to the Undersecretary of the Interior, is responsible for the internal coordination of the Department of Interior information and electronic management technologies, in accordance with the instructions and guidelines established by the Board of Governors of the Electronic Administration.

Article 2. Functions.

The Ministerial Committee on Electronic Management will perform the following functions:

(a) Act as a liaison and technical collaboration organ of the Superior Council of Electronic Administration, in accordance with the provisions of Royal Decree 589/2005 of 20 May, for the restructuring of the collegiate bodies responsible for the Electronic Administration.

b) Develop the Strategic Plan for Information Technology and Electronic Administration of the Ministry of the Interior, based on the proposals of the different management centers and autonomous organizations of the Ministry of Interior Department, and elevate it to the Full Board of Electronic Management Board for its report, as well as monitor its compliance.

Plans for systems that affect defense, political consultation, crisis situations, and state security are excluded.

c) To monitor, in the field of the Ministry of the Interior, compliance with the guidelines and follow up the guidelines of action agreed by the Full Council of Electronic Management.

(d) The processing and dispatch, after examination and agreement of the plenary session, to the Standing Committee of the Superior Council of Electronic Administration, for its report, of the files subject to a mandatory report as provided for in the Article 10.1 (a) and (b) of Royal Decree 589/2005 of 20 May 2005.

e) 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 Permanent Commission of the Council of Higher Education Electronic Management. The contracts of those public bodies which are incorporated into the scope of this Royal Decree are excluded, in accordance with the provisions of Article 2.2 of Royal Decree 589/2005 of 20 May, which will be governed by their legislation. specific to this.

(f) The technical report of the memory of the contracts for the centralized procurement of goods and services in the field of information technologies carried out under the recast of the Law on Public Sector Contracts.

g) The technical report of the memory and the technical specifications of the service contracts for maintenance, preservation, repair and updating of physical and logical equipment that have been provided for in the plan Departmental strategic, and this has been reported by the Full Council of Electronic Management.

(h) The technical report on the memory and the technical specifications of the administrative contracts of goods and services of information and communications technologies, regulated by the recast of the Law for Public Sector Contracts, and other provisions relating to public sector contracts, including centralised procurement through the General Directorate of State Heritage, which are not provided for in paragraphs (e), (f) and (g).

Minor contracts and centralised procurement contracts are excepted, the amount of which does not exceed that set for each minor contract type in the current legislation.

The procurement of non-inventorable computer equipment will not be a matter for the Commission.

The management centres shall inform the Commission of the award of administrative contracts which have previously been the subject of a mandatory technical report issued by the Commission, as well as of the information required by them. the Standing Committee of the Board of Governors.

(i) Inform, in a prescriptive manner, proposals for the modification of contracts in the field of information and communications technologies, if the cause or causes of such modification involve altering the the primitive technical content of the contracts.

(j) Inform, in a prescriptive manner, proposals for the resolution of contracts in the field of information and communications technologies, if the causes of the resolution are related to the technical content of the relating to contracts.

k) To issue, as a mandatory, the technical report of the agreements for the extension of contracts in the field of information and communications technologies.

(l) 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.

m) Coordinate, in the field of this Department, the elaboration and collection of the information required by the Observatory of the Electronic Administration, following the procedures defined by the Permanent Council of the Council Top of Electronic Administration.

Information regarding command and control systems, political consultation, crisis situations, and state security are excluded.

n) Promote and encourage the training of staff of the Ministry of the Interior in the field and inform training plans in the field of information and electronic administration technologies.

n) Issue a mandatory report on the projects of general provisions, instructions and circulars of the Department, as well as on the projects of collaboration agreements concerning the technologies of the electronic information and administration, or which affect the competence of the Commission.

or) Any other function of those assigned to the Ministerial Commissions of Electronic Administration by Royal Decree 589/2005 of 20 May.

Article 3. Operation.

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

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

3. The Vocal 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 which gives them the representation.

4. The President of the Commission, acting on a proposal from the Office of the Management Centre, may access to the meeting, with a voice but without a vote, technical or specialist officials in the subject matter of the procurement.

Article 4. Composition of the plenary session.

1. The Ministerial Committee on Electronic Management in plenary shall be composed of the following members:

a) President: The Deputy Secretary of the Interior.

b) Vice President: The Deputy Director General of Information and Communications Technologies at the Secretariat.

c) Vocals:

Deputy Director General of Logistics at the Police General Directorate.

Deputy Director General of Support for the Directorate General of the Civil Guard.

Deputy Director-General of the Center for Organized Crime Intelligence (CICO) of the Secretary of State for Security.

The Deputy Director General of Security Information and Communications Systems for the Secretary of State for Security.

Deputy Director General of Prison Services of the General Secretariat of Prison Institutions.

The Manager of the Autonomous Body Labour Prison and Training for Employment.

A representative of the Technical General Secretariat, with an organic level of Subdirector General or assimilated.

A representative of the General Directorate of Internal Policy, with the organic level of Subdirector General or assimilated.

The Secretary General of the General Directorate of Traffic.

The Deputy Director General of Mobility Management at the General Traffic Directorate.

Deputy Director General of Planning, Operations and Emergencies of the Directorate General for Civil Protection and Emergencies.

Deputy Director-General for Victims of Terrorism and Citizen Care of the General Directorate of Support for Victims of Terrorism.

Deputy Assistant Secretary General of Human Resources and Inspection.

Deputy Deputy Director-General of the Subsecretariat's General Subdirectorate for Information and Communications Technologies.

d) Secretary: An official of the General Information and Communications Technology Subdirectorate, appointed by the President, who will attend the meetings with a voice but no vote.

Article 5. Special membership of the plenary in certain contracts.

1. In the case of contracts declared secret or reserved, or where their execution must be accompanied by special security measures, or where the protection of the essential interests of the security of the State is required, or when they are dealt with in accordance with Law 24/2011 of 1 August on public sector contracts in the fields of defence and security, the Ministerial Committee on Electronic Administration will act in plenary and will have the following special composition:

a) President: The Deputy Secretary of the Interior.

b) Vocals: The vocal representatives of the management centers to which the topics to be addressed are concerned.

(c) Secretary: An official of the General Information and Communications Technology Subdirectorate, appointed by the President, who shall attend the meetings with a voice but without a vote.

Article 6. Standing Committee.

1. A Standing Committee of the following members shall be established within the Ministerial Committee of Electronic Administration:

a) President: The Vice President.

b) Vocals: The vocal representatives of the management centers to which the topics to be addressed are concerned.

(c) Secretary: An official of the General Information and Communications Technology Subdirectorate, appointed by the President, who shall attend the meetings with a voice but without a vote.

2. The Standing Committee shall be responsible for the technical study and the formulation of the relevant observations on the documentation relating to the functions conferred on the plenary session of the Ministerial Committee on Electronic Administration, functions which correspond to the plenary in its general composition, as in its special composition for certain contracts.

3. The plenary session may entrust to the Standing Committee some of the tasks set out in Article 2, in order to deal with the issues that require it in an agile and effective manner.

Article 7. Papers or Working Groups.

Within the Ministerial Committee of Electronic Administration, the study and preparation of specific issues, or for the development of specific programs related to the study, may be created for the study and preparation of specific issues. nature of the Commission.

Single additional disposition. Applicable rules.

As not provided for in this Order, the Ministerial Commission of Electronic Administration shall be governed by the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the subject of collegiate bodies. Legal status of public administrations and the common administrative procedure.

Single repeal provision. Regulatory repeal.

1. The third paragraph of the Order of 16 January 2001, which regulates the composition and functions of certain collegiate bodies of the Ministry of the Interior, is hereby repealed.

2. Order INT/3192/2008, dated 4 November, is hereby repealed, governing the composition and functions of the Ministry of Home Affairs ' Ministerial Committee on Electronic Administration.

3. In addition, any provisions of equal or lower rank shall be repealed as opposed to the provisions of this Order.

Final disposition first. Execution instructions.

The Assistant Secretary of the Interior will dictate the instructions necessary 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, 4 December 2012.-The Minister of the Interior, Jorge Fernández Díaz.