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 Comisión Ministerial de Administración Digital del Ministerio de Fomento.

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Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-8432

The Commission for the reform of public administrations (CORA), was created by agreement of the Council of Ministers of October 26, 2012, aiming to become a factor of competitiveness of the Spanish economy, our public administrations to which proposed more than 200 measures of rationalization of structures, procedures and resources, reflected in its final report submitted to the Government of Spain in June 2013.

More than the half of them cited measures are, direct or indirectly, performances relating to technologies of the information and the communications (TIC). Numerous studies guarantee a strong correlation between this process of digitization and the improvements of competitiveness and productivity global of them societies and those countries. Therefore, it can be said that report CORA haunts, so decided, the acceleration of the process of digitalization of the Spanish public administrations as a whole.

One of the most important actions already undertaken along these lines, is the implementation of a new model of governance of ICT in the General Administration of the State (AGE), developed in the first place, with the creation, by means of Royal Decree 695/2013 of September 20, of a new directive figure of high-level skills for all of the AGE and its public bodies the direction of information technologies and communications (DTIC), with the rank of Undersecretary, then restructured and organically integrated into the Ministry of finance and public administration by Royal Decree 802/2014, on September 19.

And in second place, by the development organic of that new model of governance, through the Real Decree 806 / 2014, of 19 of September that, next to the figure already cited of the DTIC, defines a series of organs Collegiate and of units that will implement them political of rationalization and transformation of them TIC in the scope of the Sector public administrative State.

These bodies include ministerial commissions of Digital Administration, inherited from the current eGovernment ministerial committees, and that will become the units responsible for implementing, at 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 affiliated agencies.

The standard has been subjected to report the General directions of the Ministry of development and public organizations attached to the Department, and has prior approval from the Ministry of finance and public administration.

To proposal of the inspection General of promotion, with the compliance of the Undersecretary, have: article 1. Object.

1. the present order aims to the creation and regulation of the Ministerial Committee on Administration Digital (TED) of the Ministry of public works, which is configured as the College responsible for impulse and the internal coordination of the Department and its public bodies working in the field of Digital Administration and is set up as an organ of the DTIC and liaison with other bodies or specialized subject matter committees.

2. the Ministerial Committee on Digital administration of the Ministry of development is ascribed to the Undersecretary of the Department and its scope will encompass all bodies of the Ministry and affiliated public agencies. It support to the Commission will fall in the Subdirectorate General of technologies of the information and management electronic (SGTIAE) of the Ministry.

Article 2. Functions.

1. the Commission Ministerial of Administration Digital of the Ministry's promotion acts in full and in Commission permanent.

(2. the full of it TED will play them following functions: to) Act as organ of relationship between the Department with its organisms public attached and the DTIC, to ensure the coordination with them criteria and political defined by this.

(b) ensure the implementation, in the field of the Department, of the guidelines and monitoring of the guidelines contained in the ICT strategy of the AGE and its public organizations approved by the Government on the proposal of the Commission's ICT strategy.

(c) approve the Plan of action of the Department for it transformation digital (in forward, Plan of action Digital) of at least two years of duration and in accordance with them guidelines established by it DTIC, with them lines strategic established by it Commission of strategy ICT and with it strategy ICT of the AGE and its organisms public approved by the Council of Ministers.

(d) 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 companies, optimizing the use of available ICT resources, evaluating on a regular basis the progress of the Plan of action, Digital Department.

(e) collaborate with it DTIC in the identification and it put to available common of them media human, materials and economic that are attached to the Department and that should be used for it put in operation or maintenance of them media or services shared, proposing to the DTIC it use shared of services or resources of systems of information and communications of the Ministry of the Presidency or of their organisms public attached.

(f) approve instructions or guidelines for the application of new criteria of organization or of performance, the implementation of new procedures or the review of them existing in the Department, in the framework of the Plan of action Digital.

(g) any other function that you be attributed by the regulations applicable.

3 the Permanent Commission shall have the following functions: a) analyze the functional needs of the units of the Department's management and its affiliated agencies and evaluate the different alternatives of solution proposed by ICT units, identifying opportunities for improvement of efficiency that can bring ICT, 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 b) develop Action Plan Digital of the Department, that will be approved by the full.

(c) have knowledge of all contract proposals related to information technologies and communications and information of the management bodies about their relationship with the Department of Digital Action Plan. The SGTIAE will issue a technical report before its referral to the DTIC, reporting regularly to the Standing Committee, in the terms set out in article 6 of this order.

(d) support to the ICT units, when they require it, in the assessment of the alignment of their projects with the Department of Digital Action Plan, prior to the request for the report to address ICT.

(e) inform the projects of regulations of the Department, preparing a report on whether the measure, costs, the need for human resources and development times that may result from the approval of the project, from the perspective of the use of media and ICT services. This report will be forwarded to the address of information technologies and communications for their knowledge and assessment.

(f) develop them reports of advance of the Plan of action Digital of the Department, that collect the State of them performances planned and the engagements carried out, for its presentation to the full.

(g) keep up-to-date a catalog of ICT services for the processing and transfer to the plenary of the Ministerial Committee of Digital administration of proposals of statement of services and resources sharing in the field of the General Administration of the State.

(h) prepare, for approval by the plenary, instructions or technical guidelines that are necessary for the digitalization of services and procedures of the Department in order to homogenize them, simplifying them, and improve their quality and ease of use.

(i) to coordinate the collection, aggregation and incorporation of the information required by the direction of information technology and communications and ensure the accuracy and completeness of the data corresponding to the Department.

(j) managing the inventory of files subject to the organic law 15/1999, of 13 December, of protection of data of a Personal nature.

(k) any matter that is you expressly delegated by the plenary.

4. the SGTIAE shall exercise the technical coordination of ICT units of the governing bodies of the Department and public bodies attached on the themes addressed by the Standing Committee, being able to establish the creation of committees of coordinating ICT or specialized working groups.

Article 3. Composition and functioning of the House.

1 the full will have the following composition: a) Presidency: the titular person of the Undersecretary of the Ministry of public works.

(b) Vice President: the person holder of the inspection General of Fomento.

(c) members:-the person holder of the Cabinet of the Minister.

-The person holder of the Cabinet of the Secretary of State of infrastructure, transport and housing.

-The holder of each an of them addresses General of the Department.

-A representative of each one of them bodies public attached, with rank of Director General or assimilated.

(d) secretariat: shall exercise the functions of Secretary of the full, the person holder of the Subdirectorate General of technologies of the information and administration electronic, that will be vocal member of the organ with voice and vote.

(e) he may convene the plenary session, on the basis of the relevance of the topics to be treated, experts of the DTIC to holders of any of the organs and committees of the ICT governance of the AGE structure, or other experts, all of which will attend with voice but without vote.

2. all them vocal will be designated by the Undersecretary of the Department to proposed of them people holders of them organs upper or managers of which depend on those designated. For each Member, and by the same procedure, shall be appointed a substitute Committee member who must have, at least, rank of Deputy Director general or assimilated.

3. the full is meet, unless one time to the year, through call of its President, well to initiative own, or when it requested, at least, the half of their members.

Article 4. Composition and functioning of the Standing Committee.

(1. the Commission permanent will have the following composition: to) Presidency: the person holder of the inspection General of Fomento.

(b) Vice President: the person holder of the Subdirectorate General of technologies of the information and management electronic.

(c) members: act as members one representative for each public body and each General Directorate of the Ministry, with minimum of Assistant Director-General or assimilated organic level.

Officials with organic's Deputy or assimilated the General Subdirectorate of information technologies and e-government level also act as vowels.

(d) secretariat: one of officials of the General Subdirectorate of information technologies and e-Government, with Deputy Director organic or assimilated, level appointed by the Presidency of the Permanent Commission.

(e) them vocal, to proposed of its organ steering, may attend to the meetings of the Commission permanent accompanied of officials experts in them materials that have of treat is and that will act as advisors with voice, but without vote.

2. all members shall be appointed by the Undersecretary of the Department on the proposal of holding people of superior or executive bodies which depend on the designated. For each vowel, and the same procedure, shall be appointed an alternate vocal with organic level minimum of Deputy Director or assimilated.

3. the Committee permanent is meet with periodicity quarterly, while the Presidency may convene it with character extraordinary when is necessary.

4. meetings of the Standing Committee may develop in person or in virtual mode through the use of digital media, as provided in the first additional provision of law 11/2007, of 22 June, of electronic access of citizens to public services, relating to the meeting of bodies members by electronic means.

5. the Standing Committee shall seek to electronic documentation management and will have a virtual workspace that allows you to manage the information associated with the meetings and reports.

Article 5. Calls.

1. both the full as the Commission permanent is shall constitute validly, in first call, when is hallen present them people that occupy the Presidency and the Secretariat, or who les replace in your case, and also, it half of its number of members total.

2. in case of absence, vacant, disease u another cause legal of the person that occupies the Presidency, shall exercise that function it person that occupy the Vice President and in its defect the Member of the organ Collegiate of greater hierarchy, antique and age, by this order, between their components.

3. in the event that the meeting be held in virtual mode, the call reverts along with the order of the day, the period and the requirement that members express its position favourable or contrary to the topics that are included in the order of the day and where appropriate observations that create timely. Them vocal will benefit of access to the documentation of those Affairs in space virtual of the Commission permanent. Concluded the session be communicated to members the results thereof.

Article 6. Technical report of ICT procurement.

1. the SGTIAE shall draw up a report technical prior of all them records of hiring of supplies and/or services that should send is to the DTIC in compliance of it planned in the article 16 of the Real Decree 806 / 2014, of 19 of September, on organization e instruments operating of them technologies of the information and them communications in it Administration General of the State and their agencies public.

2. the report shall contain an assessment of the adequacy of the record Department of Digital action plan and the guidelines dictated by the DTIC in the consolidation of common services; as well as to the purpose and technological adaptation of the provision which is intended to contract.

3. in them cases in that is issue report favorable, is sent to the DTIC to receive its report technical; If not, will be presented at the next meeting of the Standing Committee of the WCED so approve its submission to the DTIC.

4. a member of the SGTIAE will be exhibiting at the Standing Committee the relationship of records sent to the DTIC and the outcome of the report; as well as those records which have not been evaluated favorably by the SGTIAE and whose shipping must be approved by the Standing Committee.

Article 7. Request for information.

The Ministerial Committee on Administration Digital of the Ministry of public works, for the exercise of their functions, be sought much information deemed accurate of all units of the Ministry and its agencies attached, they come obliged to provide it, in accordance with the legislation in force.

Article 8. Operation.

In it not intended by this order, the Commission Ministerial of Administration Digital, in full or Commission permanent, is adjusted in its operation to it established in the chapter II of the title II of the law 30 / 1992, of 26 of November, of regime legal of them administrations public and of the procedure administrative common.

Provision additional unique. No increase in public spending.

The operation of the TED does not imply any increase in public spending and will be staffed with material means and personnel in the Ministry of public works.

Provision repealing.

They are without effect many provisions of equal or lower rank is contrary to the provisions of this order, and in particular, the order FOM/716/2009, of 4 March, which regulates the composition and functioning of the Ministerial Committee on electronic administration of the Ministry of development.

Available end first. Instructions for execution.

The Undersecretary of the Department shall issue instructions for the implementation of this order.

Second final provision. Entry in force.

The present order will enter in force the day following to the of your publication in the «Bulletin official of the State».

Madrid, July 15, 2015.-the Minister of public works, Ana María Pastor Julián.