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Order Ess/1355/2015, Of 25 June, Which Creates The Ministerial Committee On Digital Administration Of The Ministry Of Employment And Social Security And Regulates Its Composition And Functions.

Original Language Title: Orden ESS/1355/2015, de 25 de junio, por la que se crea la Comisión Ministerial de Administración Digital del Ministerio de Empleo y Seguridad Social y se regula su composición y funciones.

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Royal Decree 806/2014 of 19 September on the organisation and operational instruments of information and communications technologies in the General Administration of the State and its Public Bodies has created the The Ministry of Digital Management as a collegiate body, "charged with promoting the digital transformation of the Administration according to a common strategy in the field of Information and Communications Technologies". In this way, the role of the previous Ministerial Committees of Electronic Administration, created by Royal Decree 589/2005 of 20 May, is modified, by which the collegiate bodies responsible for the administration are restructured. electronic and in compliance with Order TIN/3155/2011 of 8 November, which regulated the composition and functions of the Ministerial Committee of Electronic Administration of the then called Ministry of Labour and Immigration, which has been in effect so far.

The second transitional provision of Royal Decree 806/2014 of 19 September 2014 provides for the regulation of the Ministry of Digital Management by the corresponding ministerial orders.

This is why, in accordance with the provisions of the Second Transitional Disposition, in order to strengthen the role of the digital transformation, which the Ministerial Commission has been carrying out since its constitution. Electronic Administration of the Ministry of Employment and Social Security, and in accordance with Article 40.2 of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, by means of this order The Ministry of Education and the Ministry of Public Administration of the Ministry of Education Employment and Social Security and to regulate its composition and functions.

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

Article 1. Nature, character and attachment.

1. The Ministerial Committee on Digital Administration of the Ministry of Employment and Social Security, whose creation, composition and functions are regulated in this order, is the collegiate body responsible for the impetus and internal coordination in the field. Digital and Information Technology Administration, acting as a liaison and collaboration body of the Department with the Information and Communications Technologies Directorate (DTIC).

2. The Digital Management Ministerial Commission is attached to the Department's Secretariat and its scope of action will cover all the organs of the Ministry, Autonomous Bodies, Management Entities and Common Services of Social Security. In accordance with the provisions of Article 7.1 of Royal Decree 806/2014 of 19 September 2014, the same is true. Support to the Commission shall be provided by the Sub-Directorate-General for Information and Communications Technologies of the Secretariat.

Article 2. Functions.

1. The Digital Management Ministerial Commission shall carry out the tasks referred to in Article 7 of Royal Decree 806/2014 of 19 September 2014 on the organisation and operational instruments of information technologies and on communications in the General Administration of the State and its Public Bodies, and how many attribute the current regulations to it.

2. Functions:

(a) Develop the departmental action plan, based on the proposals of the various higher bodies and managers, autonomous bodies and the General Council of the Electronic Administration of Social Security, in its field, and as indicated in the strategic plan approved by the Council of Ministers. This Plan will be raised, through its president, to the DTIC, so that the Information Technology Strategy Commission will draw up the corresponding mandatory report, provided for in Article 14.2 of Royal Decree 806/2014 of 19 September.

b) Promote, implement and monitor the establishment of strategic lines and common technical criteria in information and digital administration technologies, in accordance with the guidelines set by the DTIC and the Commission ICT strategy to achieve technological standardisation, data exchange and compatibility of systems. The Commission will coordinate the position of the representatives of the Ministry of Employment and Social Security in the inter-ministerial committees and working groups of information and digital administration technologies.

c) To analyze the functional needs posed by the organs, units and agencies assigned and to evaluate the proposed ICT solutions, in order to seek the improvement of the efficiency in the management, the reuse of solutions already developed in the Public Sector and make an estimate of the human and material resources that ICT developments may require. To study solutions for the sharing of common infrastructures and services, both in the field of AGE and the Department, without prejudice to the competences that correspond to the DTIC, as established by Article 13a.2.c) of the Royal Decree 256/2012, of 27 January, for which the basic organic structure of the Ministry of Finance and Public Administrations is developed, added by Royal Decree 802/2014 of 19 September. To propose criteria for the digitisation of services and procedures, for the organisation, review of procedures and reductions in administrative burdens, without prejudice to the competences of the relevant specialised bodies. Track implemented solutions.

d) Promote compliance with the standards developed by the National Interoperability Scheme. To promote the implementation of the information security standards derived from the National Security Scheme, in coordination with the Committee on Safety and Security in the Order of 28 October 16/2011, of 28 October.

e) To promote the re-use of public sector information, as provided for in Law 37/2007 of 16 November, its developments and the criteria agreed by the ICT Strategy Commission, as well as to establish the technical criteria necessary for the implementation in the Department of Law 19/2013, of 9 December, on transparency, access to public information and good governance, without prejudice to the competences that correspond to the Information Unit Department Transparency.

f) Analyze and present to the ICT Strategy Commission, through the DTIC, the proposals of the Ministry of Employment and Social Security of projects of priority interest.

g) Coordinate the collection, aggregation and incorporation of information for the Department's inventory of resources in digital information and management technologies, in accordance with the guidelines of the DTIC and the ICT Strategy Committee, as well as the one that is needed for the Observatory of the Electronic Administration and Digital Transformation.

h) Report on the projects of general provisions of the Department, reporting on the needs that could be derived from human and material resources and the development times, if any, required, referring them to the DTIC for their assessment, as provided for in Article 7.4 of Royal Decree 806/2014 of 19 September 2014.

i) Inform the draft provisions to be published in the "Official State Gazette" concerning the creation, modification or deletion of automated files of public ownership of the Department, as provided in the Article 20 of the Organic Law 15/1999, of 13 December, of Protection of Personal Data and, in general, of coordinating the actions prescribed in the aforementioned Organic Law and its subsequent Regulation approved by Royal Decree 1720/2007, of 21 December. Maintain the inventory of automated files of ownership of the Department, in coordination with the various organs of the Ministry and Autonomous Bodies of the Department as well as the General Council of Electronic Administration of Security Social in its scope and to process the registration of the same in the Spanish Agency of Data Protection, as provided for in article 39 of the Organic Law 15/1999, of December 13, and its subsequent development in Chapter IV of Title IX of the Regulation approved by Royal Decree 1720/2007 of 21 December.

j) To promote and coordinate the implementation of recommendations and good practices in the acquisition and use of computer and communications systems, their methodologies, processes, architectures and associated standards, following the criteria established by the DTIC, the ICT Strategy Commission and the Information and Communications Technologies Management Committee.

k) Carry out the monitoring of budgetary and economic resources in general, intended for the ICT goods and services of the organs, units and agencies of the Department, according to the guidelines, procedures and tools established by the DTIC.

l) Act as a point of information for the Department's organs, units and agencies on regulatory, technological or other issues that may be useful in relation to digital administration.

m) Knowing the memory and the specifications of particular administrative clauses and technical requirements of contracts containing technical aspects of digital administration and information technology and the communications and agree on their referral to the DTIC, for their report, as set out in Article 16.2 of Royal Decree 806/2014 of 19 September 2014.

n) In the case of contracts the amount of which does not exceed that established for minor contracts in the recast of the Law on Public Sector Contracts, approved by the Royal Legislative Decree 3/2011 of 14 November, the Referral to the DTIC will be automatic, the Commission will be regularly informed for monitoring of the systems and the compilation of statistics. It will also be regularly informed of proposals for the modification, resolution and extension of contracts for supplies, services and maintenance in the field of information and communications technologies, without prejudice to their referral to the DTIC for your report.

or) When applicable, reports shall be issued as provided for in Article 150 of the recast of the Law on Public Sector Contracts, approved by the Royal Legislative Decree 3/2011 of 14 November and the Articles 25 et seq. of Royal Decree 817/2009 of 8 May, for which the same applies, in respect of aspects relating to the assessment of the award criteria which are not evaluable by way of formula or which are dependent on a value judgment in the terms set out in the specifications of particular administrative clauses. This is without prejudice to the powers of the Contracting Board, the Bureau or the contracting authority. The Ministerial Committee of Digital Administration may act as committee of experts, in the terms provided for in article 150.2 of the recast text of the Law on Public Sector Contracts, approved by the Royal Legislative Decree 3/2011, dated November 14.

p) Elevate for approval the annual memory of the Department's actions in the field of information technology and electronic administration.

3. The Digital Management Ministerial Commission may collect from all the Department's units, as well as from external organizations, within the scope of its competence, how much data and reports it deems necessary for compliance. of its purposes.

4. The procedures of the Digital Management Ministerial Commission will be carried out using computer media. To this end, the technical infrastructure necessary for its implementation shall be established or adapted.

Article 3. Organization and composition.

1. The Digital Administration Ministerial Commission, which is the Department's Deputy Secretary, will be able to act in plenary and in the Permanent Commission.

2. The plenary session of the Ministerial Commission shall be composed of the following members:

President: The holder of the Deputy Secretary for Employment and Social Security.

First Vice-President: The head of the Technical Cabinet of the Undersecretary of the Ministry of Employment and Social Security.

Second Vice President: The holder of the Subsecretariat General Information and Communications Technology Subdirectorate.

Third Vice President: The holder of Social Security Information Management.

Vocals:

The holder of the General Information and Communications Technology Subdirectorate of the State Employment Public Service.

The holder of the Financial Management Subdirectorate General of the Ministry of Employment and Social Security.

A representative of the State Bar attached to the Department, designated by the holder.

A representative, with a level 30 job, from the Minister's Cabinet, appointed by the Minister's Director.

A representative, with a level 30 job, from the General Directorate of the Labour and Social Security Inspectorate appointed by the holder.

A representative, with a level 30 job, of each of the Secretaries of State, General Secretariat of Immigration and Emigration, Autonomous Bodies and Public Law Entities dependent or attached to the Ministry The Committee on Employment and Social Security, appointed by the members of the Committee. In the case of Social Security, the proposals and initiatives in its field will be presented by the Social Security Information Manager.

Secretary: An official of the Deputy Secretary General of Information and Communications Technologies, appointed by the President on a proposal from the holder of the Subsecretariat General, who will act with voice but without vote.

3. In the event of the absence of the President by vacancy, illness or other legal cause, the Vice-Presidents shall preside over the sessions. In the absence of all, they shall preside over the Vocal in accordance with the order in paragraph 2.

4. The plenary session of the Commission shall meet regularly at least quarterly and shall be held in an extraordinary manner when the President agrees.

5. The cases to be included on the agenda of the Commission's plenary session shall be forwarded to the Secretariat, together with the relevant documentation, in good time to enable them to be analysed in advance by the members of the Secretariat.

6. As a general criterion, sessions shall be held in person, however, where the nature of the matters to be dealt with so permits, extraordinary, non-face-to-face virtual meetings may be convened using electronic means such as: Video conferencing or office tools. In the latter case, the matters included on the agenda of the meeting shall be deemed to have been approved if, within the time limit set in the notice, no comments are made or if the comments made are accepted by the Member of the Commission.

7. The following tasks are the responsibility of the Commission's plenary:

a) Know and, where appropriate, approve the Activity Report and other reports from the Standing Committee.

b) Approve the Department's strategic lines of action and priorities for the next exercise in information technology and digital administration.

c) Agreed to the referral of the Department of Action Plan for digital transformation to the DTIC for study and assessment and further elevation to the Information and Communications Technology Strategy Commission, a effects of the mandatory report which, in accordance with Article 14.2 of Royal Decree 806/2014 of 19 September 2014, must be issued by the Executive Committee prior to its approval.

d) to exercise directly, when necessary, any other competence of the Ministerial Commission.

Article 4. Standing Committee.

1. The Permanent Commission, as the plenary's delegated body, has the powers delegated to it, except for the referral of the Department of Action Plan for digital transformation to the DTIC and those that the plenary will reserve in a way express.

2. The Standing Committee shall be composed of the following members:

President: First Vice President of the Ministerial Commission.

First Vice President: The Vice President of the Ministerial Commission.

Second Vice President: The 3rd Vice President of the Ministerial Commission.

Vocals:

The holder of the General Information and Communications Technology Subdirectorate of the State Employment Public Service.

The headlines of the Department's ICT units.

A representative of each department manager, named by the department's owners. Social Security proposals and initiatives will be presented by the Social Security Information Management.

Secretary: The Secretary of the Ministerial Commission, who will act with voice but without a vote.

3. The Standing Committee may be chaired by the President of the Plenary Session of the Ministerial Committee, where the Committee considers the importance of the matters to be dealt with on the agenda.

4. The Standing Committee may appoint the technical advisors it deems necessary for the development of the work, which shall have a voice but no vote.

5. In the absence of the Chair, the Deputy Chair shall be chaired by the appropriate Vice-Chair.

6. Other officials whose cooperation is deemed useful for the purpose of carrying out the work of the Commission may be assisted on a permanent basis with a voice and without a vote, if the President so agrees. For specific tasks and on a non-permanent basis, members may attend meetings of the Standing Committee accompanied by officials who are experts in the matters to be dealt with, as well as by voice and without vote.

7. He shall act as Secretary of the Permanent Commission, an official of the General Secretariat for Information and Communications Technologies, with a voice and without a vote.

8. The Standing Committee shall meet regularly on a monthly basis, except during the month of August, and on an extraordinary basis when the President agrees.

9. The Standing Committee shall inform the plenary session of the matters dealt with and its state of proceedings.

10. The Standing Committee may act through technical papers and working groups.

11. As a general criterion, the sessions of the Standing Committee shall be virtual meetings, of a non-face-to-face nature, using electronic means such as videoconferencing or office-based tools. In the latter case, the matters included on the agenda of the meeting shall be deemed to have been approved if, within the time limit set in the notice, no comments are made or if the comments made are accepted by the Member of the Standing Committee.

Article 5. Working groups.

1. For reasons of urgency or effectiveness, the Standing Committee may act through specific working groups, whether permanent or not, designated within it. The creation agreement of each Working Group will include the powers, rules of operation, composition and temporary validity.

2. The Working Groups shall act at the top of the Chair of the Standing Committee.

Article 6. Calls.

Both the Plenary and the Permanent Commission will be validly constituted, on first call, when the persons holding the Presidency and the Secretariat are present, or those who replace them, if any, and also the half of its total number of members. On the second call, the same criterion will be followed as for the plenary session, as far as the Presidency and the Secretariat are concerned, but the attendance of three vowels will be sufficient.

Additional disposition first. Modifying references.

All references to the Ministry of Employment and Social Security's (Ministry of Employment and Social Security) Ministerial Management Committee will be understood as the Ministry of Employment's Digital Management Ministerial Commission. Social Security and its Permanent Commission, respectively.

Additional provision second. Delegation of powers.

The Ministry of Employment and Social Security's Ministerial Committee on Digital Administration, on a proposal from its chairman, may delegate to the Technical Commission of the General Council of Electronic Administration of Social Security the powers of points (m), (n) and (o) of Article 2.2 of this order, for files in the field of social security and relating to contracts which are not subject to harmonised regulation. The Management of Social Security Informatics will report to the next plenary session of the Ministerial Committee on Digital Administration of the contents of the files it has known and, if necessary, agreed to refer to the DTIC, the Technical Commission of the Superior Council of Electronic Administration of Social Security.

Additional provision third. Applicable rules.

Without prejudice to the peculiarities provided for in this order, the Ministerial Committee for Digital Administration shall be governed by the provisions of Chapter II of Title II of Law No 30/1992, of November 26, Legal Regime of Public Administrations and Common Administrative Procedure.

Additional provision fourth. No increase in expenditure.

The creation of the Commission to which this order refers will not entail an increase in expenditure, with the personal, technical and budgetary resources of the Under-Secretary for Employment and Social Security and the bodies with representation in the same.

Single repeal provision. Regulatory repeal.

Order TIN/3155/2011 of 8 November 2011 governing the composition and functions of the Ministerial Committee on Electronic Administration of the Ministry of Labour and Immigration, and the provisions of the same or lower range in which they are opposed to this order.

Final disposition first. Ability to execute.

The holder of the Secretariat of the Department shall adopt the measures and instructions deemed necessary for the implementation and 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, June 25, 2015. -Minister of Employment and Social Security, Fatima Banez García.