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Order Aaa/1231/2015, Of 17 June, Which Creates The Ministerial Committee On Digital Administration Of The Ministry Of Agriculture, Food And Environment And Regulates Its Composition And Functions.

Original Language Title: Orden AAA/1231/2015, de 17 de junio, por la que se crea la Comisión Ministerial de Administración Digital del Ministerio de Agricultura, Alimentación y Medio Ambiente 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, for which the collegiate bodies responsible for the administration are restructured, is modified. In order to comply with the order of 8 October of 8 October, the Order of the Ministry of Agriculture, Food and the Environment is hereby established and its composition is regulated. functions.

The second transitional provision of Royal Decree 806/2014 of 19 September 2014 provides for a period of four months from the entry into force of the said royal decree, which took place on 27 September 2014, for the approval of the corresponding regulatory ministerial orders of the Digital Management Committees.

Therefore, in accordance with the provisions of the said second transitional provision, in order to strengthen the role of the digital transformation impulse and in accordance with Article 40.2 of Law 6/1997 of 14 April 1997, Organization and Operation of the General Administration of the State, through the present ministerial order is the creation of the Ministerial Committee of Digital Administration of the Ministry of Agriculture, Food and Environment and 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 and scope of action.

1. The Ministry of Agriculture, Food and Environment, the Ministerial Commission for Digital Administration, whose composition and functions are governed by this order, is the collegiate body responsible for the impetus and coordination of the Department in the field of Digital Administration, acting as a liaison body with the Information and Communications Technology Directorate.

2. The scope of the action of the Ministerial Committee on Digital Administration, in accordance with the provisions of Article 7.1 of Royal Decree 806/2014 of 19 September 2014 on the organisation and operational instruments of the technologies of the information and communications in the General Administration of the State and its Public Bodies, to all the organs of the Department and to the public bodies attached to it.

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. In any event, the Ministerial Commission shall be responsible for the tasks set out in the following paragraphs.

2. Departmental coordination functions in the field of information technology and digital administration:

a) Analyze the functional needs of the departments and management units of the Department and its public bodies attached and the opportunities for improvement of efficiency that ICT can bring. To this end, it should assess the different solution alternatives proposed by each ICT unit and estimate the required costs in human and material resources that require the development and use of proposed ICT infrastructure.

Among the possible solutions should always be the possibility of reusing solutions already developed in the field of the Public Sector, avoiding in accordance with the principle of rationalization, that duplicities will be generated. Thus, only the development of specific solutions to its functional scope will be proposed, and even in this case the sharing of infrastructure and common services between units of the Department should be foreseen.

For such purposes, it will develop and coordinate an inventory of resources in information and digital management technologies of the department, in accordance with the guidelines set by the Information Technology Directorate and Communications and the ICT Strategy Commission.

b) Develop and approve the Department of Action Plan for digital transformation, based on the proposals of the various higher bodies and public bodies and managers affected by the needs and requests analyzed and not satisfied, and refer, through its president, to the Directorate of Information and Communications Technologies for its study and evaluation and subsequent elevation to the Commission on the Strategy of Information and Communications, for the purposes of the mandatory report which, according to the article 14.2 of Royal Decree 806/2014, of 19 September, must issue the Executive Committee of the ICT Strategy Commission with a view to its approval.

To this end, the Commission will need to know, in a sufficiently detailed manner, the plans and projects of information management systems, systems infrastructure and communications of the various bodies and bodies. that the scope of the action is extended, specifying the prioritisation and distribution by exercise of the same and the investment and expenditure forecasts associated with each project, as well as the monitoring indicators to measure the value generated.

You will also, where appropriate, perform validation and subsequent monitoring of these indicators in relation to each approved project.

(c) Formulating proposals for the efficient use of ICT that involve the application of new criteria for the organisation or operation, the implementation of new procedures or the review of existing ones that reduce efforts, deadlines, resources and improve the productivity and/or quality of administrative processes, in coordination with the General Inspection of Services.

d) Distribute technological standardization and promote its implementation, in accordance with the guidelines set by the Information and Communications Technologies Directorate, in order to ensure the compatibility of the systems and the exchange of data, coordinating plans and actions aimed at the effective implementation in the department of the standards developed by the National Interoperability Scheme.

e) To promote the application of the technical coordination criteria approved by the Commission of the ICT Strategy to the Ministry of Agriculture, Food and the Environment in accordance with the provisions of Article 6.1 of the Royal Treaty. Decree 1495/2011 of 24 October 2011, for the development of Law 37/2007 of 16 November on the re-use of public sector information for the state public sector.

f) Report the proposals for the disaffection of ICT material and infrastructure, pursuing the reuse of the equipment available among the units dependent on the Department and ensuring that only material is disaffected obsolete which is not of interest to any body in the scope of action.

g) Report the projects of provisions on the creation, modification or deletion of automated files of data of public ownership of the Department and to promote their registration in the Spanish Agency of Data Protection and the the implementation of the tasks resulting from the implementation of Royal Decree 1720/2007 of 21 December, approving the Regulation on the development of the Organic Law 15/1999 of 13 December on the protection of personal data.

3. Relationship and coordination functions with the Information and Communications Technologies Directorate:

a) To promote, execute and supervise, in the field of the Department, compliance with the guidelines and the follow-up of the guidelines of action contained in the ICT Strategy of the General Administration of the State and its Agencies Government approved by the Government on a proposal from the ICT Strategy Commission.

b) To press and coordinate the implementation, within the Department, of how many measures are taken by the Information and Communications Technologies Directorate, the ICT Strategy Commission, its Executive Committee and the Committee of Management of Information and Communications Technologies on recommendations and best practices in the acquisition and use of computer programs and on methodologies, processes, architectures, standards and best practices.

c) Coordinate the collection, aggregation and incorporation of the information required by the Information and Communications Technologies Directorate, in particular those referred to the Electronic Administration Observatory and Digital transformation, following the procedures that are defined by the ICT Strategy Commission.

To do this, the Ministry of Agriculture, Food and Environment's Ministerial Committee on Digital Administration will be able to collect as much information as it deems accurate from all the agencies and units of the Ministry, which will come required to facilitate it, in accordance with existing legislation.

(d) To collect, and forward quarterly, the budgetary information concerning the economic resources for the ICT goods and services of the Ministry of Agriculture, Food and Environment and public bodies to the same, for the purposes set out in Article 19 of Royal Decree 806/2014 of 19 September 2014, using the guidelines, procedures and tools to be used by the Information and Communications Technology Directorate set.

e) To collaborate with the Information and Communications Technologies Directorate on the identification and sharing of human, material and economic resources that are assigned to the Department and which must be used for the operation or maintenance of the shared media or services and to ensure the use of the shared means and services referred to in Article 10 of Royal Decree 806/2014 of 19 September 2014.

f) Analyze, in accordance with the instructions given, the opportunity, the technological costs, the need for human resources and the development times that can be derived from project drafts From the perspective of the use of ICT means and services, and refer them to the Information and Communications Technologies Directorate for their knowledge and assessment, as provided for in the article 7.4 of Royal Decree 806/2014 of 19 September 2014.

g) Propose to the ICT Strategy Commission, through the Information and Communications Technologies Directorate, the proposals of the Department of Projects of Priority Interest as foreseen in the article 11 of Royal Decree 806/2014, of 19 September.

4. Digital administration impulse functions:

(a) Promote implementation and follow up, in agreement with the affected bodies and bodies, of the Department of Action Plan for digital transformation and of the plans which, in application of it, can develop for the momentum of digital administration in the Ministry of Agriculture, Food and Environment.

b) Ensure the coordination of the actions of the Department with those contained in the ICT Strategy of the General Administration of the State and its Public Bodies approved by the Government and with the supranational plans whose execution is mandatory for the General Administration of the State.

c) Inordinately inform the projects of general provisions proposed by other departments in the field of digital administration, as well as questions on the same subject subject to the consideration of the Commission ICT Strategy, when required.

d) Make recommendations regarding the technology or standards to be used in the development of digital administration, in accordance with the guidelines set by the Information Technology Directorate and the Communications and the ICT Strategy Commission.

e) 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 the available ICT resources, in order to facilitate the development of digital administration in the Ministry of Agriculture, Food and the Environment.

f) Keep the various higher bodies and managers attached to the Ministry on a permanent basis in relation to new regulations in information and communications technologies, which are useful for the work performed by the department in this field.

g) Propose training plans for the Ministry's personnel in the field of information technology, information technology and digital administration specific to the Department. Without prejudice to the competencies attributed to the various institutions and centers of the Department in the field of personnel training and in order to ensure compliance with the additional provision of Law 11/2007, 22 of In June, the Commission will propose general minimum levels of training in these subjects, which will guide the various departmental training plans. The Commission shall be informed of the implementation of the various training processes in accordance with the standard statistical criteria to be approved by the Commission.

h) Propose how many measures are considered appropriate for the development of digital administration in the department, boosting the services offered through the internet and intranet, without prejudice to the functions attributed to the (a) the management and management of these instruments.

5. Role in the procurement of information technologies:

a) Supporting ICT units, in assessing the alignment of their procurement records with the Department's Digital Transformation Action Plan, in advance of the report's request to the Directorate of Information and Communications Technologies. In the same way, inform them of the compatibility problems identified with regard to the infrastructure on which the installation is proposed.

b) Advise the Directorate of Information and Communications Technologies on the files subject to a mandatory report of the same in accordance with the provisions of Article 16.2 of Royal Decree 806/2014, 19 of September.

6. It shall also develop any other function assigned to it by the applicable rules.

Article 3. Membership, organization and composition.

The Commission, under the Secretariat of the Department, will be able to act in plenary and in the Permanent Commission.

The Permanent Commission, delegated to the plenary, has its own powers except those of the referral agreement of the Department of Action Plan for Digital Transformation to the Information Technology Directorate and the Communications and those which the plenary is expressly reserved for.

In particular, the Standing Committee will approve the criteria for the elaboration of the Action Plan and its follow-up, on the basis of the strategic guidelines and the criteria established by the Directorate of Technologies Information and Communications, taking into account the ICT Strategy of the General Administration of the State and its Public Bodies, approved by the Council of Ministers.

The Standing Committee shall report to the plenary session of the matters dealt with and its handling.

Article 4. Composition and functioning of the plenary session.

1. The plenary session will have the following composition:

(a) Presidency: The holder of the Undersecretary of the Ministry of Agriculture, Food and Environment.

b) Vice-Presidency: The head of the Directorate-General for Services of the Undersecretary of the Ministry of Agriculture, Food and the Environment.

(c) Vocals: the designations of which shall be the responsibility of organ holders with the rank, at least, of Director General:

1. A representative of the Secretary of State for the Environment.

2. A representative of the General Secretariat of Agriculture and Food.

3. A representative of the General Secretariat for Fisheries.

4. A representative of each of the following public bodies attached to the Department:

-Spanish Agricultural Guarantee Fund (FEGA).

-Agencia Española de Meteorology (AEMET).

-Autonomous Body Parks (OAPN).

-Food Control and Information Agency (AICA).

-State Agrarian Insurance Entity (ENESA).

5. Two vowels appointed by the president of the plenary session among the directors-general of the Department.

If in the future new units with equivalent rank will be created in the Department, they will also have a voice of the same level as the previous ones, named with the same procedure.

(d) The titular person of the Directorate-General for Information Systems and Communications of the Directorate-General for Services, who shall perform the duties of the Secretariat of the Plenary Session and shall act with a voice, but without a vote.

e) The Commission may convene the plenary session, 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 others experts, all of whom will attend as advisers, with voice but no vote.

2. All vowels shall be appointed by the Deputy Secretary of the Department on the proposal of the holders of the higher bodies or managers 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, either on its own initiative or on its own initiative, or at least half of its members.

Article 5. Composition and functioning of the Standing Committee.

1. The Standing Committee shall have the following composition.

(a) Presidency: The head of the Directorate-General for Services of the Ministry of Agriculture, Food and the Environment.

b) Vice-Presidency: The person holding the General Information Systems and Communications Subdirectorate General of the General Directorate of Services.

(c) Vocals: They shall act as vowels, a representative of each public body assigned to the Department, who, because of the importance for their performance of the Information and Communications Technologies, has a unit ICT, as mentioned in Article 7.2, on the Digital Management Commissions, and Article 12.3, on ICT Units, of Royal Decree 806/2014 of 19 September on the organisation and operational instruments of technologies information and communications in the General Administration of the State and its Public bodies, and designated by the Deputy Secretary on the proposal of the respective holders. They are currently the State Agency of Meteorology, the Spanish Agricultural Guarantee Fund, National Parks, the Food Control and Information Agency and the State Agrarian Insurance Entity, as well as each Hydrographic Confederation.

In addition, there will be a representative of:

1. General Directorate of Quality and Environmental Assessment and Natural Environment.

2. General Directorate of Sustainability of the Coast and the Sea.

3. General Directorate of Water.

4. General Directorate of Agricultural Productions and Markets.

5. General Directorate of Health for Agricultural Production.

6. General Directorate of the Food Industry.

7. Directorate-General for Rural Development and Forestry Policy.

8. General Management of Fisheries Management.

9. General Directorate of Fisheries and Aquaculture Resources.

10. Spanish Office of Climate Change.

11. Technical General Secretariat.

12. Subdirectorate General Information Systems and Communications.

13. General Services Inspectorate.

(d) Secretariat: An official of at least level 26, belonging to the General Information Systems and Communications Subdirectorate General of the General Directorate of Services, who will act with voice, but without a vote.

e) Vowels may attend meetings of the Permanent Commission accompanied by officials who are experts in the subjects to be treated and who will act as advisors 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 holders of the higher bodies or managers of those who are appointed. The vowels must have a minimum organic level of 26 (Head of Service or assimilated). For each vowel, and for the same procedure, an alternate vowel shall be appointed.

3. The Standing Committee shall meet at least monthly intervals, although the Chair may convene it on an extraordinary basis where necessary.

Additional disposition first. Execution instructions.

The Department Secretariat may issue the necessary instructions for the best compliance with this order.

Additional provision second. Modifying references.

All references to the Ministry of Agriculture, Food and Environment's (MOE) Ministerial Committee on Electronic Management and its Standing Committee will be understood as a reference to the Ministerial Commission of Digital Administration of the Ministry of Agriculture, Food and Environment and its Permanent Commission, respectively.

Additional provision third. No increase in public spending.

1. The functioning of the Digital Management Ministerial Commission will not increase any public expenditure and will be addressed with the material and personnel resources available in the Ministry of Agriculture, Food and the Environment.

2. Its members shall not receive compensation, remuneration, payment or any allowance for the performance of their duties.

Additional provision fourth. 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.

Single transient arrangement. Previously initiated procurement files.

The files to be initiated and the contracts awarded before the entry into force of this order shall be governed, until their conclusion, by Order AAA/2200/2012 of 8 October. For this purpose, the files shall be understood to have been initiated when they have been referred to the Ministerial Commission for their mandatory reporting or processing.

Single repeal provision. Regulatory repeal.

Any provisions of equal or lower rank shall be repealed as set out in this order, and in particular Order AAA/2200/2012 of 8 October establishing the Ministerial Committee for Administration Electronics of the Ministry of Agriculture, Food and the Environment and its composition and functions are regulated.

Single end disposition. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, June 17, 2015. -Minister of Agriculture, Food and Environment, Isabel García Tejerina.