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Order Def/2071/2015, 5 October, Which Regulates The Ministerial Committee On Digital Administration Of The Ministry Of Defence.

Original Language Title: Orden DEF/2071/2015, de 5 de octubre, por la que se regula la Comisión Ministerial de Administración Digital del Ministerio de Defensa.

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TEXT

The Commission for the Reform of Public Administrations (CORA) was constituted with the objective of consolidating an efficient Public Administration that is constructed as a competitive value for Spain, through rationalization of its structures, procedures and resources.

Within the activity of this Commission, the nature of Information and Communications Technologies (ICT) was recognized as a fundamental tool for the improvement of the functioning of the Administration. State General (AGE). For this reason numerous measures raised in the field of the CORA were focused on ICT.

In particular, and as one of the most relevant actions that have been developed, the creation of the Information and Communications Technologies Directorate of the General Administration of the State as an authority with Transversal competences in ICT for the whole of the AGE and its Public Bodies through Royal Decree 695/2013, of 20 September, of modification of the Royal Decree 199/2012, of January 23, for which the basic organic structure is developed of the Ministry of the Presidency and the Royal Decree 1887/2011, of 30 December, is amended by the the basic organic structure of the ministerial departments is established.

Later this Direction is restructed and organically integrated in the Ministry of Finance and Public Administrations through the Royal Decree 802/2014, of September 19, amending the Royal Decree 390/1998, of 13 March, for which the functions and the organic structure of the delegations of Economy and Finance are regulated; the Royal Decree 1887/2011, of 30 December, for which the basic organic structure of the ministerial departments is established; the Royal Decree 199/2012 of 23 January, for which the basic organic structure of the Ministry of the Presidency; Royal Decree 256/2012, of 27 January, for which the basic organic structure of the Ministry of Finance and Public Administrations and Royal Decree 696/2013, of 20 September, of modification of the previous.

In addition to the approval of Royal Decree 806/2014 of 19 September on the organization and operational instruments of information and communications technologies in the General Administration of the State and its Agencies Public has been another major milestone in the process of streamlining ICT. It has defined a common model of ICT governance that aims to overcome the current situation by going beyond the electronic administration, adapting the administration's services, processes, operations and capabilities to a a reality that is digital and will continue to evolve, as well as the new challenges, opportunities and demands that arise.

For the implementation of these modifications, new bodies have been defined with competence in the field of Digital Administration, which come to replace those established in Royal Decree 589/2005, of 20 May, for which restructure the collegiate bodies responsible for the electronic administration. In particular, at the particular level of each Ministry, the Ministry of Digital Administration of the Ministry of Public Administration is established.

The Ministry of Defense, as the Department of the AGE, must therefore proceed to the replacement of Order DEF/1159/2010, of May 3, which regulates the Ministerial Commission of Electronic Administration of the Ministry of Defense, by a new Ministerial Order through which, as established in Royal Decree 806/2014, the Ministry of Defense's Ministerial Committee on Digital Administration (CMAD) is regulated.

This ministerial order complies with the provisions of the second transitional provision of Royal Decree 806/2014 and is based on Article 40.2 of Law 6/1997 of 14 April of the Organization and the Functioning of the State General Administration, which determines that ministerial commissions are created and regulated by the Minister's order.

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

Article 1. Object.

The purpose of this ministerial order is to regulate the Ministry of Defense's (CMAD) Ministerial Committee on Digital Administration (CMAD), with regard to its general operation, composition and functions.

Article 2. Scope.

The scope of this Ministerial Order will cover the entire Ministry of Defence and its public bodies attached to it.

Article 3. Nature and purpose of the Ministry of Defense's Ministerial Committee on Digital Administration.

1. The CMAD of the Ministry of Defense is the collegiate body responsible for the impetus and internal coordination of the Department and its public bodies assigned to the Digital Administration. It will also be the liaison agency of the Ministry of Defense with the Information and Communications Technologies Directorate and with the other specialized bodies and/or commissions that are established in relation to ICT.

2. The CMAD of the Ministry of Defense will be attached to the Secretary of State of Defense, attending to the additional Disposition fourth of Royal Decree 806/2014, of September 19 on organization and operating instruments of the technologies of the information and communications in the General Administration of the State and its Public Bodies, and the functions assigned to that Secretary of State of Defense in Royal Decree 454/2012 of 5 March, for which the structure is developed the basic organic part of the Ministry of Defence, as amended by Royal Decree 524/2014 of 20 June, and by the Royal Decree 837/2015 of 21 September.

Article 4. Field of competence of the Digital Management Ministerial Commission.

The responsibility of the Digital Management Ministerial Commission will include all initiatives and actions that are developed within the framework of the Digital Administration of the Ministry of Defense, assuring the In addition to its coherence and efficient integration with the Department's ICT Policy, all of this will prevent duplication of technological solutions, in line with the principle of rationalization and promoting the sharing of the administration's common infrastructure and services.

Article 5. General operation.

1. The CMAD shall act, in plenary and in the Standing Committee.

2. It shall be composed of representatives, with a minimum rank of Subdirector General (or minimum employment of Brigadier General/Rear Admiral), as set out in the composition detailed in Articles 6 and 7.

3. The functions of assistance and support to the CMAD will be performed by the Center for Information and Communications Systems and Technologies (CESTIC)

4. The Commission may convene, depending on the relevance of the issues to be addressed, experts from the Information and Communications Technology Directorate (DTIC), or other experts, all of whom will be in attendance with a voice but without a vote.

5. In case of absence, vacancy or sickness of the holder of the Presidency, the member of the highest hierarchy, seniority or age, by that order, shall exercise this function, from among its components.

6. The CMAD, as well as the Ponences and Working Groups that depend on it, may be constituted and adopt agreements using electronic means, as provided for in the additional provision of Law 11/2007, of June 22, of access Citizens ' electronic services to the Public Services.

7. For the purposes not provided for in this Ministerial Order, the CMAD shall comply with the provisions laid down for the functioning of the bodies governed by Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Rules of Procedure Common Administrative, as well as to what it stipulates in its internal operating rules.

Article 6. Composition and functioning of the CMAD plenary session.

1. The CMAD, in its full operation, shall be composed of the following members:

a) President: The Secretary of State for Defense.

b) Vocals:

1. The Chief of the Joint Chiefs of Defense.

2. The Second Chief of Army Staff.

3. The Second Chief of Staff of the Navy.

4. The Second Chief of the Air Staff.

5. The Director General of Armament and Material.

6. The Director General of Economic Affairs.

7. The Director General of Infrastructure.

8. The Technical Secretary General.

9. The Director General of Personnel.

10. The Director General of Military Recruitment and Teaching.

11. The Director General of Defense Policy.

12. º Non-permanent: When subject matter of their competence, the Director General of the National Institute of Aerospace Technique "Esteban Terradas", the General Secretary of the Social Institute of the Forces, will attend. Armed, the General Legal Counsel of the Defense, the General Controller of Defense and the Inspector General of Defense Health.

c) Secretary: The Director of the CESTIC. In case of absence, it may be replaced by the person appointed by the President of the CMAD plenary session.

2. The members of the Commission, in their composition in plenary session, shall have alternates appointed by the members of their respective bodies and units. These alternates shall also have a minimum rank of Subdirector General (or minimum employment of Brigadier General/Rear Admiral).

3. In general, the plenary session shall meet in ordinary session at least twice a year, either on its own initiative or on its own initiative, or at least half of its members.

Article 7. Composition and functioning of the Standing Committee of the CMAD.

1. The CMAD, in its operation as a Standing Committee, and in general, shall be composed of the following members:

a) President: The CESTIC Director.

b) Vocals:

1. The Chief of the Chief Information and Telecommunications Systems of the Armed Forces.

2. The Head of the Head of the Earth Army's Information, Telecommunications and Technical Assistance Systems.

3. The Chief of General Services, Technical Assistance and Information Systems and Telecommunications of the Navy.

4. The Head of the Head of Technical Services and Information Systems and Telecommunications of the Air Force.

5. The Subdirector General of Recruitment.

6. The Deputy Secretary-general Technical.

7. A representative with the rank of General Officer/Deputy Director General of the Secretary of State of Defense, the Deputy Secretary of Defense and the General Secretariat of Defense Policy, who do not belong to the respective ICT units. For the areas of the General Staff of Defense, the Army of the Earth, the Navy, and the Army of Air, the designation of this representative, and in the event of not proceeding to it, will be left to his discretion. of the Standing Committee.

In any case, these representatives shall be appointed on a permanent basis by the holders of the organs or units to which they belong and may be accompanied, on the basis of the matter to be dealt with, by the expert staff who consider appropriate, which in any case will assist with a voice but without a vote.

8. º Non-permanent: When subject matter of their competence, a representative (with rank of General Officer/Subdirector General) of the National Institute of Aerospace Technique "Esteban Terradas", of the Institute will attend. Social of the Armed Forces, the General Legal Counsel of the Defense, the General Intervention of Defense and the General Inspection of Defense Health.

c) Secretary: A member of the Center for Information and Communications Systems and Technologies, who will be appointed, along with his replacement, by the Chairman of the Standing Committee of the CMAD. In any case, you will attend the meetings with a voice but no vote.

2. The members of the Standing Committee shall have alternates appointed by the members of their respective bodies and units. Whenever possible, these alternates must have a minimum rank of Subdirector General (or minimum employment of Brigadier General/Rear Admiral), and in any case must be employment personnel at least Colonel/Captain of Navio and/or level 29.

3. The Standing Committee shall, in general, meet in ordinary session at least once a month, although it may be convened on an extraordinary basis where necessary, either on its own initiative or on its own initiative, or at least half of its members so request.

Article 8. Papers or workgroups.

The papers or working groups will respond to specific needs for studies and work that, as a result of the functions of the CMAD, speed up its operation. Its composition will be multidisciplinary and will be nurtured by members of the entire structure of the Ministry. In general his performance will be limited in time.

Article 9. CMAD functions.

1. The plenary session of the Digital Management Ministerial Commission will perform the following functions:

a) Act as a relationship organ between the Department, with its assigned bodies, and the DTIC, to ensure coordination with the criteria and policies defined by it.

b) To promote and supervise, in the field of the Department, the implementation of the guidelines and the follow-up of the guidelines of action set out in the ICT Strategy of the General Administration of the State and its Public Bodies approved by the Government on a proposal from the ICT Strategy Commission.

c) Driving the digitisation of the Department's services and procedures in order to homogenise, simplify, improve their quality and ease of use, as well as the benefits offered to citizens and businesses, optimizing the use of available ICT resources.

d) Collaborate with the DTIC on the identification and sharing of the human, material and economic resources that are attached to the Department and which must be used for the implementation or maintenance of shared media or services.

e) Propose to the ICT Strategy Commission, through the DTIC, the projects of priority interest that it considers, in the terms set out in Article 11 of Royal Decree 806/2014.

f) Raise the DTIC proposals and considerations in relation to the Ministry of Defense's media and services that are likely to be declared for shared use in the AGE, as well as to ensure employment in the Department of All the means and services to which the ICT Strategy Committee of the AGE gives this consideration. However, account shall be taken of any exceptions which may be granted by the Director of Information and Communications Technologies in connection with the declaration of means or services of shared use, subject to the authorization of the Commission of ICT strategy, when there are economic, technical or opportunity reasons over-sold, as set out in Article 10.2 of Royal Decree 806/2014.

g) Any other function that contributes to the promotion, promotion and promotion of the implementation of the Digital Administration in the Ministry of Defense.

h) Any other function derived from those assigned to the Ministry of Digital Administration by Royal Decree 806/2014, or assigned to it by the applicable regulations.

2. The Standing Committee of the Digital Management Ministerial Commission will perform the following functions:

a) To carry out, in the field of the Department, the follow-up of the guidelines of action contained in the ICT Strategy of the General Administration of the State and its Public Bodies approved by the Government on a proposal from the ICT Strategy Committee.

b) Develop the Department's Plan of Action for Digital Transformation, as regulated in Article 10 of this Ministerial Order.

c) Analyze the functional needs of the organs and units of the Department and its agencies and assess the different solution alternatives proposed by the ICT units, identifying the opportunities for improvement of efficiency that ICT can bring, applying solutions already developed in the field of Public Sector and estimating costs in human and material resources that the associated ICT developments can suppose.

d) To analyse the projects of general provisions of the Ministry, related to Information and Communications Technologies, and to produce a report in which the opportunity of the measure is exposed and valued, costs, the need for availability of human resources and development times that can be derived from project approval. This report will be sent to the DTIC for knowledge and assessment. The analysis and issuance of the report in the terms that are regulated should be without prejudice to the functions that the normative production provisions of the Ministry attribute to the General Secretariat of the Technical Secretariat to report on the need, success and opportunity of the project.

e) Report the memory and the specifications of technical prescriptions for the procurement of goods and services related to Information and Communications Technologies in cases where the processing of the information is necessary, taking into account the exclusions referred to in Article 16.3 of Royal Decree 806/2014. The CMAD shall receive the necessary information on contracts excluded from the technical report required to be carried out by the DTIC for statistical, inventory and budgetary purposes.

f) Coordinate the Ponences and the Working Groups created in the field of the CMAD, as well as the participation of the Ministry in the DTIC groups and the ICT Strategy Commission.

g) Coordinate the collection, aggregation, consolidation and incorporation of the information for the DTIC required Department.

h) Advise the Department's organs to require it in aspects contained within the scope of the CMAD's responsibility.

i) Any other function that contributes to guidance and advice for the implementation of the Digital Administration in the Ministry of Defense.

j) Any other function that is expressly delegated to you by the CMAD plenary.

3. In the exercise of its functions and in its field of action, the CMAD shall make proposals for the application of new criteria for the organisation or operation, the implementation of new procedures or the review of existing ones.

Article 10. The Ministry of Defense's Action Plan for Digital Transformation.

1. The Ministry of Defense's Plan of Action for Digital Transformation is the document that will comprise the actions in the field of Digital Administration, Information Technologies and Communications to be developed in the Department as a whole. and its public bodies attached. It is subdivided into two separate parts:

(a) The Ministry of Defense's Plan of Action for the Digital Transformation of Media and Services that Do Not Affect Defense, Political Consultation, Crisis and State Security Situations, and Do Not Handle Information classified in accordance with the provisions of the legislation regulating official secrets and international agreements.

It will be developed in accordance with the guidelines of the Information and Communications Technologies Directorate and the strategic lines established by the ICT Strategy Committee and will specifically collect the services that the Ministry plans to develop, especially those aimed at providing services to citizens and businesses, their temporary planning, the necessary human, technical and financial resources and the contracts to be carried out, according to the Article 14 of Royal Decree 806/2014 of 19 September 2014. This Action Plan will be submitted as a proposal to the DTIC prior to its approval.

b) The Ministry of Defense's Plan of Action for the Digital Transformation of Specific Media and Services that Affect Defense, Political Consultation, Crisis and State Security Situations, or Manage Information classified in accordance with the provisions of the laws regulating official secrets and international agreements. This Plan is excluded from the scope of the DTIC in accordance with Article 14 of Royal Decree 806/2014 of 19 September 2014 and will be integrated into the Strategic Plan for Information Systems and Technologies and Communications of a sectoral nature. Department.

2. In general, the action plan as a whole will have a range of at least two years. However, it may be reviewed in advance in the event of any change in the Corporate ICT Policy making it necessary.

Article 11. Information Request.

The Ministry of Defense's Digital Management Ministerial Commission, for the exercise of its functions, may obtain, via command or functional route, how much information it deems accurate for all public units and agencies. of the Ministry, which will be obliged to facilitate it, in accordance with the legislation in force.

Article 12. Representation of the Ministry of Defense.

By virtue of the provisions of the Additional Disposition fourth of Royal Decree 806/2014 and of the duties assigned to Royal Decree 454/2012 of 5 March, as amended by Royal Decree 524/2014 of 20 June 2014 and by the Royal Decree Decree 837/2015, of 21 September, it is established that:

1. The representative of the Ministry of Defence in the plenary session of the ICT Strategy Commission will be the Secretary of State for Defence (SEDEF).

2. The vocal representative of the Ministry of Defence in the Information and Communications Technology Management Committee shall be the Director of the Information and Communications Systems and Technologies Centre.

Single additional disposition. No increase in public spending.

The operation of this Commission will not entail any increase in public expenditure and will be met with the existing material and personnel resources in the Ministry of Defense.

Single transient arrangement. Contracts for the procurement of the Digital Administration in the phase of the Report prior to the Order to proceed from the SEDEF or the Order of Initiation by its respective contracting authority.

The files initiated prior to 1 January of this year will be governed in accordance with the previous regulations, in the framework of the provisions of the first transitional provision of Royal Decree 806/2014, of 19 of September. For these purposes, it is understood that the files are initiated when they have been remitted, according to their amount, in accordance with the provisions of Royal Decree 1011/2013 of 20 December 2013 on the deconcentration of powers in the field of contracts, technical agreements and other onerous legal business, in the field of the Ministry of Defence, to the Directorate-General for Economic Affairs or to the respective contracting authority.

Single repeal provision. Regulatory repeal.

1. Order DEF/1159/2010, dated 3 May, is hereby repealed and regulated by the Ministry of Defense's Ministerial Committee on Electronic Administration.

2. Similarly, the provisions of equal or lower rank shall be repealed as set out in this ministerial order.

Final disposition first. Regulatory development.

The Secretary of State of Defense is empowered to make the appropriate provisions, in the field of his powers, for the development and execution of this ministerial order.

Final disposition second. 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 5, 2015. -Minister of Defense Pedro Morenes Eulate.