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Order Fom/1522/2015, Of July 15, Which Creates And Regulates The Functioning Of The Ministerial Committee On Digital Administration Of The Ministry Of Public Works.

Original Language Title: Orden FOM/1522/2015, de 15 de julio, por la que se crea y regula el funcionamiento de la ComisiĆ³n Ministerial de AdministraciĆ³n Digital del Ministerio de Fomento.

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TEXT

The Commission for the Reform of Public Administrations (CORA) was created by the Council of Ministers Agreement of 26 October 2012, with the objective of converting our public administrations into a factor of The competitiveness of the Spanish economy, for which it proposed more than 200 measures of rationalisation of structures, procedures and resources, reflected in its final report presented to the Government of Spain in June 2013.

More than half of these measures are, directly or indirectly, actions related to Information and Communications Technologies (ICT). Numerous studies support a strong correlation between this digitisation process and the improvements in global competitiveness and productivity of societies and countries. It can therefore be said that the CORA report pursues, in a determined manner, the acceleration of the process of digitisation of Spanish public administrations as a whole.

One of the most important actions already undertaken in this line, is the implementation of a new model of ICT Governance in the General Administration of the State (AGE), developed first, with the creation, through Royal Decree 695/2013 of 20 September, of a new senior management figure with transversal competences for all the AGE and its Public Bodies, the Information and Communications Technologies Directorate (DTIC), with a range of Sub-secretariat, then restructured and organically integrated in the Ministry of Finance and General government by Royal Decree 802/2014 of 19 September 2014.

And secondly, through the organic development of this new model of Governance, through Royal Decree 806/2014, of September 19, which, together with the figure already mentioned by the DTIC, defines a series of collegiate and units that will implement policies for the rationalization and transformation of ICT in the field of the State Administrative Public Sector.

Among these bodies will be the Digital Administration's Ministerial Commissions, which will inherit from the current Ministerial Electronic Administration Commissions, and which will become the units responsible for implementing the ministerial level, the common ICT policies previously defined by the competent bodies, as well as the digital transformation of each ministerial department and its public bodies attached.

The standard has been submitted to the Directorates-General of the Ministry of Public Works and Public Bodies attached to the Department, and has the prior approval of the Ministry of Finance and Public Administrations.

At the proposal of the General Inspection of Development, with the agreement of the Undersecretary, I have:

Article 1. Object.

1. This Order aims at the creation and regulation of the Ministry of Public Works ' (CMAD) Ministerial Committee on Digital Administration (CMAD), which is set up as the collegiate body responsible for the internal coordination of the Department and its public bodies assigned in the field of Digital Administration and is configured as a liaison agency with the DTIC and with other specialized bodies or commissions in the field.

2. The Ministry of Public Administration's Digital Management Ministerial Commission is attached to the Department's Secretariat and its scope of action will cover all the organs of the Ministry and the public bodies attached to it. The support to the Commission shall lie with the Ministry's General Subdirectorate for Electronic Information and Administration Technologies (SGTIAE).

Article 2. Functions.

1. The Ministry of Public Works ' Digital Management Ministerial Commission is acting in plenary and in the Permanent Commission.

2. The CMAD plenary will perform the following functions:

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

b) Velar by the application, within the scope of the Department, of the guidelines and the follow up of the guidelines of action taken in the ICT Strategy of the AGE and its public agencies approved by the Government on a proposal of the ICT Strategy Committee.

c) Approve the Department's Plan of Action for digital transformation (hereinafter the Digital Action Plan) of at least two years of duration and in accordance with the guidelines established by the DTIC, with strategic lines established by the ICT Strategy Commission and the ICT Strategy of the AGE and its public bodies approved by the Council of Ministers.

d) To boost the digitisation of department 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, periodically evaluating the progress of the Department's Digital Action Plan.

e) To collaborate with the DTIC in the identification and sharing of the human, material and economic resources that are attached to the department and which must be used for the operation or maintenance of the shared media or services, proposing to the DTIC the shared use of services or resources of information and communications systems of the Ministry of the Presidency or of its Public Bodies attached.

f) Approve instructions or guidelines for the application of new organizational or operating criteria, the implementation of new procedures or the revision of existing ones in the department, under the Plan of Digital Action.

g) Any other function that is attributed to it by applicable regulations.

3. The Standing Committee shall have the following functions:

a) Analyze the functional needs of the management units of the department and its public bodies assigned and evaluate the different solution alternatives proposed by the ICT units, identifying the opportunities The efficiency improvement that ICT can bring, applying solutions already developed in the field of the Public Sector and estimating costs in human and material resources that the associated ICT developments can assume

b) Develop the Department's Digital Action Plan, which will be approved by the plenary.

c) Having knowledge of all procurement proposals related to information and communications technologies and receiving information from the managing bodies about their relationship with the Digital Action Plan Department. The SGTIAE shall issue a technical report prior to its referral to the DTIC, regularly reporting to the Standing Committee, in the terms set out in Article 6 of this order.

d) Support ICT units, when required, in the assessment of the alignment of their projects with the Department's Digital Action Plan, in advance of the report's request to the ICT Directorate.

e) Report the projects of general provisions of the Department, preparing a report on the opportunity of the measure, the costs, the need for human resources and development times that can be derived from the project approval, from the perspective of the use of ICT media and services. This report will be forwarded to the Information and Communications Technologies Directorate for knowledge and assessment.

f) Develop the progress reports of the Department's Digital Action Plan, which includes the status of the planned actions and the hiring of them, for presentation to the plenary session.

g) Keep up to date a catalogue of ICT services for the elaboration and transfer to the plenary of the Ministerial Committee for Digital Administration of proposals for the declaration of services or shared resources in the field of the General Administration of the State.

(h) Develop, for approval by the plenary, the technical instructions or guidelines necessary for the digitisation of the department's services and procedures in order to homogenise them, simplify them, and improve their quality and ease of use.

i) Coordinate the collection, aggregation and incorporation of the information required by the Information and Communications Technologies Directorate and ensure the accuracy and completeness of the data relating to the Department.

j) Manage the inventory of files submitted to the Organic Law 15/1999, of December 13, of Protection of Personal Data.

k) Any matter that is expressly delegated to you by the plenary.

4. The SGTIAE will exercise the technical coordination of the ICT units of the departments of the department and of the public bodies assigned to the subjects dealt with by the Permanent Commission, and the creation of committees of ICT coordination or specialised working groups.

Article 3. Composition and functioning of the plenary session.

1. The plenary session will have the following composition:

(a) Presidency: The holder of the Secretariat of the Ministry of Public Works.

b) Vice-Presidency: The person who holds the General Inspection Inspection.

c) Vocalias:

-The person holding the Minister's Cabinet.

-The head of the Cabinet of the Secretariat of State for Infrastructure, Transport and Housing.

-The holder of each of the Department's Directorates-General.

-A representative of each of the Public Bodies attached, with the rank of Director General or assimilated.

(d) Secretariat: shall perform the duties of the Secretary of the Plenary, the titular person of the General Information Technology Subdirectorate and the Electronic Administration, who shall be a vocal member of the body with a voice and vote.

e) The plenary session may be convened, depending on the relevance of the issues to be addressed, to the experts of the DTIC or to the holders of any of the bodies and commissions of the ICT Governance structure of the AGE, or to other experts, all which will attend with a voice but without a vote.

2. All vowels shall be appointed by the Deputy Secretary of the Department on the proposal of the persons who hold the office of the higher or senior management of those who are appointed. For each vowel, and for the same procedure, an alternate vowel shall be appointed and shall have at least the rank of deputy director-general or assimilated.

3. The plenary session shall meet, at least once a year, by means of a call from its President, either on his own initiative or at least half of its members.

Article 4. Composition and functioning of the Standing Committee.

1. The Standing Committee shall have the following composition:

(a) Presidency: The holder of the General Inspection Inspection.

b) Vice-Presidency: The person holding the General Information Technology and Electronic Administration Subdirectorate General.

(c) Vocals: They shall act as a representative for each public body and for each Directorate-General of the Ministry, with a minimum organic level of Subdirector General or assimilated.

Officials with the organic level of Deputy Director or assimilated to the General Information Technology and Administration Subdirectorate General will also act as members.

(d) Secretariat: One of the officials of the Directorate-General for Electronic Information and Administration Technologies, with an organic level of Deputy Director or equivalent, appointed by the Presidency of the Commission Permanent.

e) The vowels, on the proposal of their management body, may attend the meetings of the Permanent Commission accompanied by officials experts in the subjects to be treated and who will act as advisors with voice, but without vote.

2. All vowels shall be appointed by the Deputy Secretary of the Department on the proposal of the persons who hold the office of the higher or senior management of those who are appointed. For each vowel, and for the same procedure, an alternate member shall be appointed with minimum organic level of Deputy Director or assimilated.

3. The Standing Committee shall meet on a quarterly basis, although the Presidency may convene it on an extraordinary basis where necessary.

4. The meetings of the Standing Committee may be held in person or in virtual mode by means of the use of digital means, as set out in the additional provision of Law 11/2007, of June 22, of Access Citizens ' electronic services to the Public Services, relating to the Meeting of Organs Collegiate by electronic means.

5. The Standing Committee shall seek the electronic management of its documentation and shall have a virtual workspace to manage all the information associated with meetings and reports.

Article 5. Calls.

1. Both the plenary and the standing committee will be validly constituted, on first call, when the persons holding the Presidency and the Secretariat are present, or those who replace them in their case, and in addition, half of their number total members.

2. In the event of absence, vacancy, illness or other legal cause of the person holding the Presidency, the person holding the Vice-Presidency shall exercise that function and the member of the collegiate body of greater hierarchy, seniority and age, shall, by default, exercise that function. this order, from among its components.

3. In the event that the meeting is held in virtual mode, the call shall be indicated in conjunction with the agenda, the period of validity and the requirement that the vowels express their position in favor of or contrary to the issues included in the order of the day and, where appropriate, the observations that they make appropriate. The vowels shall have access to the documentation of the matters in virtual space of the Permanent Commission. The results of the session will be notified to the vowels.

Article 6. Technical report on ICT procurement.

1. The SGTIAE shall draw up a prior technical report of all procurement files for supplies and/or services to be submitted to the DTIC in compliance with the provisions of Article 16 of Royal Decree 806/2014 of 19 September 2014 on the organisation and operational tools of information and communications technologies in the General Administration of the State and its Public Bodies.

2. The report will contain an assessment of the adequacy of the dossier to the Department's Digital Action Plan and the guidelines dictated by the DTIC in the consolidation of common services, as well as the purpose and technological adequacy of the the benefit to be contracted.

3. In cases where a favourable report is issued, it will be sent to the DTIC to receive its technical report; otherwise, it will be presented at the next meeting of the Permanent Commission of the CMAD to approve its submission to the DTIC.

4. A vowel from the SGTIAE will present in the Permanent Commission the list of files transmitted to the DTIC and the outcome of the report; as well as those files that have not been evaluated favorably by the SGTIAE and whose shipment must be approved by the Standing Committee.

Article 7. Request for information.

The Ministry of Public Administration's Digital Management Ministerial Commission, for the exercise of its functions, may collect as much information as it deems accurate from all the units of the Ministry and its public bodies attached to it, which shall be required to facilitate it, in accordance with the legislation in force.

Article 8. Operation.

As not provided for by this Order, the Ministerial Committee of Digital Administration, in plenary or standing committee, will adjust in its operation to the provisions of Chapter II of Title II of Law 30/1992, of 26 of November, the Legal Regime of Public Administrations and the Common Administrative Procedure.

Single additional disposition. No increase in public spending.

The operation of the CMAD will not increase any public expenditure and will be met with the material and personnel resources existing in the Ministry of Public Works.

Repeal provision.

There is no effect on any provisions of equal or lower rank which are contrary to the provisions of this Order, and in particular Order FOM/716/2009 of 4 March, which regulates the composition and functioning of the Ministerial Committee on Electronic Administration of the Ministry of Public Works.

Final disposition first. Execution instructions.

The Department Assistant will dictate the instructions necessary for the application 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, July 15, 2015. -Minister of Development, Ana Maria Pastor Julian.