Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-10871
The Commission for the reform of them administrations public (CORA) was constituted with the objective of consolidate an administration public efficient that is articulate as a value competitive for Spain, through the rationalization of their structures, procedures and resources.
Within the activity of this Committee recognized the nature of the information technology and communications (ICT) as a fundamental tool for the structuring of the improvement of the functioning of the General Administration of the State (AGE). By this reason numerous measures raised in the field of the CORA were focused in relation to the ICT.
In particular, and as one of the most relevant actions that have been developed, emphasizes creating direction of technologies of the information and the communication of the General Administration of the State as an authority with cross-disciplinary skills regarding ICT for all AGE and its public bodies through Royal Decree 695/2013, 20 September modification of the Real Decree 199/2012, January 23, whereby develops the basic organizational structure of the Ministry of the Presidency and amending the Royal Decree 1887 / 2011, of 30 December, which establishes the basic organizational structure of the ministerial departments.
More afternoon this address is restructures and integrates organically in the Ministry of Hacienda and administrations public through the Real Decree 802 / 2014, of 19 of September by which is modify the Real Decree 390 / 1998, of 13 of March, by which is regulate them functions and the structure organic of the delegations of economy and Hacienda; the Royal Decree 1887 / 2011, of 30 December, which establishes the basic organizational structure of the ministerial departments; the Royal Decree 199 / 2012, of 23 of January, by which is develops the structure organic basic of the Ministry of the Presidency; the Royal Decree 256/2012, 27 January, which develops the basic organic structure of the Ministry of finance and public administration and the Royal Decree 696/2013, September 20, the previous modification.
Furthermore the approval of Royal Decree 806/2014, on September 19, on organisation and operational instruments of the information technologies and communications in the General Administration of the State and its public bodies has been another major milestone with regard to the rationalization of ICT. It defined a common model of governance of ICT which aims to overcome the current situation going beyond e-Government, adapting services, processes, operations, and the capacities of the Administration to a reality that is digital and will continue to evolve, as well as new challenges, opportunities and demands that arise.
For the implementation of these modifications, is have defined some new organs with competition in matter of Administration Digital, that come to replace to them established in the Real Decree 589 / 2005, of 20 of mayo, by which is restructured them organs collegiate responsible of the Administration electronic. In particular, at the particular level of each Ministry heirs of eGovernment ministerial committees are established ministerial commissions of Digital Administration.
He Ministry of Defense, as Department of the AGE must therefore proceed to the replacement of the order DEF / 1159 / 2010, of 3 of mayo, by which is regulates the Commission Ministerial of Administration electronic of the Ministry of Defense, by a new order Ministerial through which, according to it established in the Real Decree 806 / 2014 adjust the Ministerial Committee on Digital Administration (TED) of the Ministry of defence.
This ministerial order gives compliance with the provisions of the second transitional provision of the Royal Decree 806/2014 and is based on article 40.2 of the law 6/1997, of 14 April, of organization and functioning of the General Administration of the State, which determines that the ministerial committees are created and regulated by order of the Minister.
By virtue, with the prior approval of the Minister of finance and public administration, have: article 1. Object.
He object of the present order ministerial is regular the Commission Ministerial of Administration Digital (TED) of the Ministry of Defense, in what regard to its operation general, their composition and their functions.
Article 2. Scope of application.
The scope of this Ministerial order will cover all the Ministry of defence and its affiliated agencies.
Article 3. Nature and purpose of the Ministerial Committee on Digital administration of the Ministry of defence.
1. the TED of the Ministry of defence is the College responsible for impulse and the internal coordination of the Department and its public bodies working in the field of Digital Administration. It will also be the liaison agency of the Ministry of defence with the Directorate of information technologies and communications and with other bodies or specialized committees that constitute in relation to ICT.
2. the TED of the Ministry of defence will be attached to the Ministry of Defense, according to the additional fourth provision of Royal Decree 806/2014, on September 19 on organisation and operational instruments of the technologies of information and communications in the General Administration of the State and its public bodies, and the functions assigned to the Secretary of State for defence in the Real Decree 454/2012 5 March, which develops the basic organizational structure of the Ministry of defence, modified by Royal Decree 524/2014, of 20 June, and by the Royal Decree 837/2015, of 21 September.
Article 4. The area of competence of the Ministerial Committee on Digital Administration.
The responsibility of the Ministerial Committee on Digital Administration shall include all those initiatives and actions carried out in the framework of the Administration Digital of the Ministry of defence, ensuring the homogeneity of technological solutions in this area, as well as its coherence and efficient integration with the ICT policy of the Department, all avoiding duplication, in accordance with the principle of rationalization that generated and promoting sharing of infrastructure and common services of the administration.
Article 5. General operation.
1. the TED will act, in plenary and in the Standing Committee.
2 will be composed of representatives, with minimum range of Deputy Director General (or minimum use of General of Brigade/Rear Admiral), as stated in the composition that is detailed in articles 6 and 7.
3. the functions of assistance and support to the TED will be performed by the Center's systems and information technology and communications (CESTIC) 4. The Commission may convene, depending on the relevance of the topics to be treated, experts from the direction of information technologies and communications (DTIC), or other experts, all of which will attend with voice but without vote.
5. in case of absence, vacancy or illness of the holder of the Presidency, shall exercise this function member senior, age or age, in that order, from its components.
6. the TED, as well as presentations and working groups that depend on it may become and adopt agreements by electronic means, in accordance with provisions in the first law 11/2007, of 22 June additional provision of electronic access of citizens to public services.
7. for matters not provided in this Ministerial order, the TED shall conform to the provisions for the operation of the colleges in law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, as well as to what stipulated in its internal operating rules.
Article 6. Composition and functioning of the plenary of the WCED.
1 the WCED, in plenary, and general operation, will be composed of the following members: to) President: the Secretary of State of Defense.
(b) vocal: 1 the Chief of the Assembly of the defence.
2. the second Chief of the State of the army.
3rd the second Chief of the State most of the Navy.
4th the second Chief of the staff of the air.
5 the Director General of armament and Material.
6 the Director General of Economic Affairs.
The Director-General of infrastructure 7th.
8th the technical General Secretary.
9th the Director General of personnel.
10th CEO recruitment and military education.
11. º the Director-General of defence policy.
12 non-permanent: when dealing with matters subject to its jurisdiction, will be attended by the General Director of the National Institute of aerospace technical "Esteban Terradas", the Secretary General Manager of the Instituto Social of the armed forces, the General legal counsel of Defense, the General Auditor of the defence and the General Inspector of health defense.
(c) Secretary: the Director of the CESTIC. In case of absence you may be replaced by the person designated by the Chairman of the plenary of the WCED.
2. the members of the Commission, in its composition in plenary, will have deputies appointed by the owners of their respective organs and units. These alternates should also have minimum rank of Assistant Director-General (or minimum use of Brigadier General / Rear Admiral).
3. with character general the full is meet in session ordinary at least two times to the year, through call of its President, well to initiative own, either when it request, at least, the half of their members.
Article 7. Composition and functioning of the Standing Committee of the WCED.
1 la TED, in his performance as a Standing Committee, and General, will comprise the following members: to) President: the Director of the CESTIC.
(b) vocal: 1st El Jefe de Sistemas headquarters of information and telecommunication of the armed forces.
2nd the Chief of the headquarters of the systems of information, telecommunications and assistance technical of the army of Earth.
3rd the Chief of services General, assistance technical and systems of the information and telecommunication of the armed.
4th the Chief's head of technical services and information systems and telecommunications of the air force.
The Deputy Director General of procurement 5.
6 Technical Deputy General Secretary.
7th a representative with the rank of General Officer / Deputy General Secretary of State of Defense, the Secretary of Defense and the Secretary General of defence policy, that do not belong to the respective ICT units. For areas of the greater State of Defense, the army's land, Navy and the air force, will at its discretion the designation of this representative, and if not to proceed with it, their functions would be carried out by the corresponding member of the Standing Committee.
In any case, these representatives shall be appointed on a permanent basis by the heads of the organs or units to which they belong and may be accompanied, on the basis of the material to be treated, by the expert staff that considers appropriate, which in any case will attend with voice but without vote.
8th non-permanent: when dealing with matters subject to its jurisdiction, will attend a representative (with the rank of General Officer / Deputy Director-General) of the Instituto Nacional de Tecnica Aerospace "Esteban Terradas", of the Social Institute of the armed forces, of the Advisory Legal General Defense, the General intervention of defence and the General inspection of health defense.
(c) Secretary: A member of the Center's systems and information technology and communications, which shall be appointed, together with his replacement, by the President of the Permanent Commission of the WCED. In any event you will attend meetings with voice but without vote.
2. the vocal of the Commission permanent will have alternate designated by them holders of their respective organs and units. Whenever possible, these surrogates must have minimum range of Deputy Director General (or minimum use of General of Brigade/Rear Admiral), and in any case shall be staff of employment unless Colonel/captain of ship and/or level 29.
3. with character general the Commission permanent is meet in session ordinary unless one time to the month, while may convene is with character extraordinary when is necessary, through call of its President, well to initiative own, or when it request, at least, the half of their members.
Article 8. Papers or working groups.
Them papers or groups of work will respond to needs specific to make studies and works that, being consequence of them functions of it TED, speed up its operation. Its composition will be multidisciplinary and nutria members of the entire structure of the Ministry. In general its performance will be limited at the time.
Article 9. Functions of the WCED.
1 the right of the Commission Ministerial Digital Administration shall perform the following functions: to) Act as relationship between the Department, with its affiliated agencies, and the DTIC, to ensure coordination with the criteria and defined by this policy.
(b) boost and monitor, in the field of the Department, the compliance of them guidelines and the follow-up of them guidelines of performance collected in it strategy ICT of the Administration General of the State and its agencies public approved by the Government to proposed of the Commission of strategy ICT.
(c) to promote the digitalization of services and procedures of the Department in order to homogenize them, simplifying them, improve their quality and ease of use, as well as the benefits offered to citizens and enterprises, optimizing the use of available ICT resources.
(d) collaborate with the DTIC identification and the common availability of the human, material and financial means that are attached to the Department and that should be used for the start-up operation or maintenance of the media or shared services.
(e) to propose to the Commission's ICT strategy, through the DTIC, projects of priority interest to consider, in the terms established in article 11 of the Royal Decree 806/2014.
(f) raise to the DTIC proposals and considerations with regard to means and services of the Ministry of defence that can be declared share in the AGE, as well as ensure employment in the Department of all the means and services to which the ICT strategy Committee of the AGE give this consideration. However be taken into account the possible exceptions that can remember the Director of information technology and communications, prior authorisation of the Commission's ICT strategy, when there are economic, technical or opportunity reasons which have arisen, as referred to in article 10(2) regarding the Declaration of media or sharing services. the Royal Decree 806/2014.
(g) any other function that contributes to the promotion, development and momentum for the implementation of the digital administration in the Ministry of defence.
(h) any other function for the assigned ministerial administration Digital commissions by the Royal Decree 806/2014, either it is attributed by the applicable legislation.
2 the Commission permanent of the Commission Ministerial Digital Administration shall perform the following functions: to) track, in the area of the Department, the guidelines contained in the ICT strategy of the General Administration of the State and its public agencies approved by the Government on the proposal of the Commission's ICT strategy.
(b) the plan of action of the Department 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 affiliated agencies and evaluate the different alternatives of solution proposed by units ICT, identifying efficiency opportunities 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 may involve.
(d) analyse the provisions of the Ministry projects, related to the information technology and communications, and produce a report that is exposed and valued the opportunity to measure the costs, the need for availability of human resources and development times that can arise from the adoption of the draft. This report will be forwarded to the DTIC to its knowledge and assessment. It analysis and emission of report in them terms that is regulate, has of understand is without prejudice of them functions that the provisions of production normative of the Ministry attributed to the Secretariat General technical of inform on it need, success and opportunity of the project.
(e) inform the memory and the sheets of technical specifications for the procurement of goods and services for the information technology and communications in cases in which their processing to the DTIC, is necessary according to the exclusions referred to in article 16.3 of the Royal Decree 806/2014. The TED will receive the necessary information on the mandatory technical report excluded contracts to be performed by the MAIN statistical, inventory and budgetary purposes.
(f) coordinate presentations and working groups created in the scope of the TED, as well as the involvement of the Ministry in the DTIC and the Commission's ICT strategy groups.
(g) to coordinate the collection, aggregation, consolidation and incorporation of the corresponding Department information required by the DTIC.
(h) advising the organs of the Department as required in aspects contained within the area of responsibility of the WCED.
(i) any other function that contribute to the orientation and advice for the implementation of the Administration digital in the Ministry of defence.
(j) any other function that you be associate expressly by the full of the WCED.
3. in the exercise of their functions and in its field of action, the TED, will formulate proposals of application of new criteria of organization or of operation, implementation of new procedures or of review of them existing.
Article 10. The Plan of action of the Ministry of defence for the transformation digital.
1. the Plan of action of the Ministry of Defense for the transformation digital is the document that will understand them performances in matter of Administration Digital, technologies of the information and communications to develop in the joint of the Department and its agencies public attached. Is subdivided in two parts independent:
(to) the Plan of action of the Ministry of Defense for it transformation digital of them media and services that not affect to the defense, consultation political, situations of crisis and security of the State and that not handle information rated in accordance with it provisions in the legislation regulatory of them secret official and in them agreements international.
To be developed in accordance with the guidelines of the Directorate of information technologies and communications and strategic lines established by the ICT strategy Committee and collected specifically services which the Ministry intends to develop, especially led to the provision of services to citizens and businesses, its temporal planning, the necessary human, technical and financial resources and contracts to be performed , in accordance with article 14 of the Royal Decree 806/2014, on September 19. This Action Plan will be sent as a proposal to the DTIC prior to approval.
(b) the Plan of action of the Ministry of Defense for it transformation digital of them media and services specific that affect to the defense, consultation political, situations of crisis and security of the State or that handle information rated in accordance with it provisions in the legislation regulatory of them secret official and in them agreements international. This Plan is excluded from the scope of the DTIC pursuant to article 14 of the Royal Decree 806/2014, on September 19, and will be integrated into the systems Strategic Plan and information technology and communications of a sectoral character of the Department.
2. with character general the Plan of action in your set will have a range of at least two years. However it may be subject to revision before where there is some change in the corporate ICT policy that make it necessary.
Article 11. Request of information.
The Ministerial Committee on Administration Digital of the Ministry of defence, for the exercise of their functions, be sought, via remote control or via functional, how much information deemed accurate of all units and public bodies of the Ministry, which shall be obliged to provide it, in accordance with the legislation in force.
Article 12. Representation of the Ministry of defence.
Under it established in the available additional fourth of the Real Decree 806 / 2014 and of them functions assigned in the Real Decree 454 / 2012, of 5 of March, modified by the Real Decree 524 / 2014, of 20 of June, and by the Real Decree 837 / 2015, of 21 of September, is establishes that: 1. the representative of the Ministry of defense in the full of the Commission of strategy ICT will be the Secretary of State of defence (SEDEF).
2. the vocal representative of the Ministry of defence in the Committee of direction of technologies of information and communication will be the Director of the Center for systems and technologies of information and communications.
Sole additional provision. No increase in public spending.
The functioning of this Commission does not imply any increase in public spending and will be staffed with material means and personnel in the Ministry of defence.
Sole transitional provision. Records of procurement from the scope of the Digital Administration in phase report prior to the order of proceeding of the SEDEF or order of home by their respective Contracting Authority.
Records started prior to January 1 of the current year, shall be governed in accordance with the former regulations, within the framework of the provisions of the first transitional provision of Royal Decree 806/2014, on September 19. For these purposes, means that the records are initiated when they have been sent, according to the amount, in accordance with the provisions of the Royal Decree 1011 / 2013, of 20 December, of devolution of powers in the field of contracts, technical agreements and other legal businesses onerous, in the field of the Ministry of defence, the Directorate-General of Economic Affairs or the respective Contracting Authority.
Single repealing provision. Repeal legislation.
1. repealing order DEF/1159/2010, of 3 may, which regulates the Ministerial Committee on electronic administration of the Ministry of defence.
2. Likewise are repealed few provisions of equal or lower rank are opposed to it established in this order ministerial.
First final provision. Normative development.
It empowers the Secretary of State for defence to dictate the appropriate measures, within the scope of their competence, for the development and execution of this ministerial order.
Second final provision. Entry into force.
The present order ministerial will enter in force the day following to the of your publication in the «Bulletin official of the State».
Madrid, 5 October 2015.-the Minister of Defense, Pedro Morenés Eulate.
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