Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-7050
The 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 agencies, has created Digital Administration ministerial commissions as colleges «responsible for promoting the digital transformation of the administration according to a common strategy in the field of the information technology and communications». In this way, the role of the previous amending Ministerial eGovernment committees created by Royal Decree 589/2005 of 20 may, which is restructuring the collegiate bodies responsible for e-Government, and in compliance with which was issued the order AAA/2200/2012, of 8 October, that creates the Ministerial Committee on electronic administration of the Ministry of agriculture , Food and environment and regulate its composition and functions.
The available transient second of the own Real Decree 806 / 2014, of 19 of September, grants a term of four months from the entry in force of the quoted real Decree, that is produced the 27 of September of 2014, for the approval of them corresponding orders ministerial regulatory of them commissions Ministerial of Administration Digital.
Therefore, in accordance with this provision transient second, in order to strengthen the role of impulse of the digital transformation and in accordance with article 40.2 of the law 6/1997, of 14 April, of organization and functioning of the General Administration of the State, by this ministerial order proceeds to the creation of the Ministerial Committee on Digital administration of the Ministry of agriculture , Food and environment and to regulate its composition and functions.
By virtue, with the prior approval of the Minister of finance and public administration, have: article 1. Nature and scope of action.
1. the Ministerial Committee on Digital administration of the Ministry of agriculture, food and environment, whose composition and functions are regulated by the present order, is the College responsible for impulse and coordination of the Department in the field of digital management, also acting as liaison with the Directorate of information technologies and communications agency.
2. the scope of the Ministerial Committee on Digital administration includes, in accordance with article 7.1 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 agencies, all bodies of the Department and public bodies attached to it.
Article 2. Functions.
1. the Ministerial Committee on Digital Administration will carry out the functions referred to in article 7 of the Royal Decree 806/2014, on September 19. In any case, will be functions of the Ministerial Committee which are reflected in the following sections.
2 functions of departmental coordination in the field of digital management and information technologies: to) analyze the functional needs of the organs and units of the Department and its affiliated agencies management and efficiency improvement opportunities that ICT can bring. For this you must evaluate the different alternatives of solution proposed by each unit ICT and estimate the costs required in human resources and materials requiring proposed developments and the use of ICT infrastructure.
Among the possible solutions must always consider reusing solutions already developed in the field of the public, in accordance with the principle of rationalization, avoiding Sector generated duplications. Thus, only be proposed for the development of specific solutions to their functional area, and even in such case shall provide for the sharing of infrastructure and common services between units of the Department.
For this purpose, develop and coordinate an inventory of resources in the information technologies and digital management of the Department, in accordance with the guidelines laid down by the direction of information technology and communications, and the Commission's ICT strategy.
(b) develop and approve the Action Plan of the Department for the digital transformation, from the proposals of different superior and executive organs and affiliated agencies affected based on the needs and demands unmet and analyzed, and send it, through its Chairman, to the Directorate of information technologies and communications for review and appraisal and subsequent elevation to the Commission's strategy of the information technology and the Communications, for the purposes of the mandatory report that, in accordance with article 14.2 of the Royal Decree 806/2014, on September 19, must be issued by the Executive of the Commission strategy ICT Committee prior to approval.
For this purpose, the Commission must know, enough detail, plans and management of information systems projects, infrastructure and communication systems of the different organs and bodies that extends its scope, specifying the prioritization and distribution by exercise of the same and estimates of investment and spending associated with each project as well as the monitoring indicators that allow to measure the value produced.
Also held, in its case, validation, and subsequent monitoring of these indicators in relation to each approved project.
(c) formulate proposed of use efficient of them TIC that pose the application of new criteria of organization or of operation, of implementation of new procedures or of review of them existing that reduce efforts, deadlines, resources and improve it productivity or the quality of them processes administrative, in coordination with the inspection General of services.
(d) distribute it standardization technological and promote its implementation, in accordance with them guidelines fixed by the address of technologies of it information and them communications, in order to ensure the compatibility of them systems and the exchange of them data, coordinating them plans and performances intended to the effective application in the Department of them standards that develop the scheme national of interoperability.
(e) promote the application in the Ministry of agriculture, food and environment of the technical coordination criteria adopted by the TIC strategy Commission pursuant to the provisions of article 6.1 of the Royal Decree 1495 / 2011, of 24 October, which develops law 37/2007 of 16 November on the re-use of public sector information , for the scope of the State public sector.
(f) report on the proposals of the deallocation of material and ICT infrastructure, pursuing the reuse of the equipment available between units that are dependent of the Department and ensuring that obsolete material that is not of interest in any body of the scope is only individuals.
(g) inform the draft provisions on creation, modification or deletion of automated data files of public ownership of the Department and boost its enrollment in the Spanish data protection agency and the implementation of the tasks arising from the application of the Royal Decree 1720 / 2007, of 21 December, which approves the regulations implementing the organic law 15/1999 , of 13 December, of protection of personal data.
3 functions of relationship and coordination with the Directorate of information technologies and communications: to) promote, implement and monitor, in the area of the Department, compliance with the guidelines and monitoring of 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) to promote and coordinate the implementation, in the field of the Department, many measures the direction of information technology and communications, the Commission's ICT strategy, its Executive Committee and the Committee of direction of technologies of information and communications about the recommendations and best practices in the acquisition and use of computer programs and methodologies processes, architectures, standards and best practices.
(c) coordinate the collection, aggregation and incorporation of the information required by the direction of information technology and communications, in particular those referred to the Observatory of the electronic administration and Digital transformation, following the procedures for this are defined by the Commission's ICT strategy.
To do this, the Ministerial Committee on Digital administration of the Ministry of agriculture, food and environment be sought much information deemed accurate of all agencies and departments in the Ministry, which will be obliged to provide it, in accordance with the legislation in force.
(d) collect, and remit on a quarterly basis, the budgetary information relating to the economic resources destined to the goods and services of the Ministry of agriculture, food and environment and public bodies attached to it, for the purposes provided for in article 19 of Royal Decree 806/2014, on September 19, using the guidelines, procedures and tools that the direction of information technology and communications set.
(e) collaborate with the address of technologies of the information and them communications in the identification and it put to disposal 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 and ensure by the use of them media and services shared refers to article 10 of Royal Decree 806/2014, on September 19.
(f) analyze, in accordance with them instructions that to the respect is enacted, it opportunity, them costs technological, it need of resources human and them times of development that is can derive of them drafts of projects regulatory of the Department from the perspective of it use of media and services ICT, and send them to the address of technologies of it information and them communications for its knowledge and valuation , in accordance with the provisions of article 7.4 of the Royal Decree 806/2014, on September 19.
(g) propose to the Commission's ICT strategy, through the direction of information technology and communications, the proposals of the Department of projects of priority interest in accordance with article 11 of the Royal Decree 806/2014, on September 19.
4 impulse of the digital administration functions: to) promote the implementation and follow-up, according to bodies and agencies concerned, the Action Plan of the Department for digital transformation and plans which, in the same application, can be developed for the promotion of the 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 agencies approved by the Government and with the plans of supranational scope whose implementation is mandatory for the General Administration of the State.
(c) inform coordinated projects of General provisions proposed by other departments in the field of digital management, as well as issues on same subject submitted to the consideration of the Commission's ICT strategy, when so required.
(d) make recommendations in connection with the technology or standards to be used in the development of the digital administration, in accordance with the guidelines laid down by the direction of information technology and communications, and the Commission's ICT strategy.
(e) 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, with the purpose of facilitating the development of the digital administration in the Ministry of agriculture, food and environment.
(f) keep permanently informed several senior and managerial bodies attached to the Ministry in connection with new regulations on information and communications technologies, which are useful for the work carried out by the Department in this matter.
(g) propose training plans of the staff of the Ministry in terms of information technology, specific technologies of information and digital management of the Department. Without prejudice to the powers conferred on the various institutions and centres of the Department for training of staff and in order to ensure the fulfilment of the second additional provision of law 11/2007, of 22 June, of electronic access of citizens to public services, the Commission will propose minimum general levels of training in these matters that they will guide the different departmental training plans. The Commission shall be informed on the implementation of the different training processes in accordance with the standardized statistical criteria approved by the same.
(h) propose measures are considered appropriate for the development of the digital administration in the Department, promoting the services offered through internet and intranet, without prejudice to the functions attributed to the bodies which are responsible for the direction and management of these instruments.
5 functions in procurement of information technology: to) support ICT units, in the assessment of the alignment of their records of engagement with the Digital transformation of the Department Action Plan, prior to the request for the report to the Directorate of information technologies and communications. In the same way, inform you of compatibility issues detected with regard to the infrastructures on which the installation is proposed.
(b) advise the direction of information technology and communications about the records subject to mandatory report in accordance with the provisions of article 16.2 of Royal Decree 806/2014, on September 19.
6. also, will develop any other function that you be attributed by the regulations applicable.
Article 3. Affiliation, organization and composition.
The Commission, attached to the Undersecretary of the Department, may act in plenary and in the Standing Committee.
The Standing Committee, the delegate of the plenary, has his same powers except those of remission of the Plan of action of the Department agreement for the Digital transformation to the Directorate of information technologies and communications and those that the plenary is reserved expressly.
In particular, the Standing Committee shall adopt criteria for the elaboration of the Plan of action and its follow-up, on the basis of the strategic guidelines and criteria established by the direction of information technology and communications, according to the ICT strategy of the General Administration of the State and its public agencies, approved by the Council of Ministers.
The Standing Committee shall inform the plenary of the treated topics and their processing.
Article 4. Composition and functioning of the House.
1 the full will have the following composition: to) Presidency: the owner of the Undersecretary of the Ministry of agriculture, food and environment.
(b) Vice President: the head of the direction General of services of the Undersecretary of the Ministry of agriculture, food and environment.
(c) members: whose designations will have to fall on holders of organs with rank, at least, of Director-General: A representative of the Secretariat of State of environment 1.
2. A representative of the General Secretariat of agriculture and food.
A representative of the Secretariat-General of fisheries 3.
4th a representative from each of the following public agencies attached to the Department:-Spanish Fund guarantee Agraria (FEGA).
-Agencia Española de Meteorología (AEMET).
-Autonomous body national parks (OAPN).
-Agency of information and Control food (AICA).
-State entity of agricultural insurance (ENESA).
5 vocal two appointed by the President of the plenary between the Directors-General of the Department.
If in the future is create new units with equivalent status in the Department will also have a member of the same level as the previous, named with the same procedure.
(d) the titular person of the General Sub-Directorate of computer systems and communications of the Dirección General de Servicios, which perform the functions of secretariat of the plenary and act with voice, but without vote.
(e) the Commission 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 assist with character of advisers, with voice but without vote.
2. all members shall be appointed by the Undersecretary of the Department on the proposal of the holders of the superior or executive bodies which depend on the 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 plenary will meet at least one time per year, by convocation of its President, or at its own initiative, or when half of its members request it, at least.
Article 5. Composition and functioning of the Standing Committee.
1. the Standing Committee shall have the following composition.
(a) Presidency: the titular person of the General direction of services of the Ministry of agriculture, food and environment.
(b) Vice President: the titular person of the General Sub-Directorate of computer systems and communications of the Dirección General de Servicios.
(c) members: will act as vowels, a representative of each public agency attached to the Department, that by the importance that his performance with the information technologies and communications, has a TIC unit, as it points out the article 7.2, on Digital Administration ministerial commissions, and article 12.3, ICT units, the Royal Decree 806/2014 , of 19 of September, on organization e instruments operating of them technologies of the information and the communications in the Administration General of the State and their organisms public, and is appointed by the Undersecretary to proposed of them respective holders. Currently they are the Meteorological Agency, the Spanish Fund for agricultural guarantee, national parks, information and Food Control Agency and the State of agricultural insurance, as well as each hydrographic Confederation.
In addition, there will be a representative of: 1 direction General of quality and evaluation environmental and medium Natural.
2. General management of sustainability of the coast and the sea.
3rd General direction of water.
4th DG productions and agricultural markets.
5 direction General of health of the production land.
6 address of the food industry.
7th direction General de development Rural and political forest.
8 direction General of management Pesquera.
9th Directorate-General for fisheries and aquaculture.
10th Spanish Office for climate change.
11. º Secretariat General technical.
12th Subdirectorate General of systems software and communications.
13.º General Inspectorate of services.
(d) secretariat: an official of at least level 26, belonging to the General Sub-Directorate of computer systems and communications of the Dirección General de Servicios, who will work with voice, but without vote.
(e) the members may attend meetings of the Standing Committee accompanied by officials expert in the subjects that are to be dealt with and that will act as advisors with voice, but without vote.
2. all them vocal will be designated by the Undersecretary of the Department to proposed of them holders of them organs upper or managers of which depend on those designated. The members must be minimum organic level of 26 (head of service or assimilated). For each Member, and by the same procedure, a substitute member shall be appointed.
3. the Standing Committee will meet at least monthly, while the same Presidency may convene it extraordinary when necessary.
First additional provision. Instructions for execution.
The Undersecretary of the Department may issue the necessary instructions for the best performance of this order.
Second additional provision. Modification of references.
All them references made to the Commission Ministerial of Administration electronic of the Ministry of agriculture, power and environment and to its Commission permanent, is understood made to the Commission Ministerial of Administration Digital of the Ministry of agriculture, power and environment and to its Commission permanent, respectively.
Third additional provision. No increase in public spending.
1. the operation of the Commission Ministerial of Administration Digital not will mean increase some of the expenditure public and will be attended with them media materials and of personal existing in the Ministry of agriculture, food and environment.
2. their members not receive compensation, remuneration, payment or diet one by the exercise of their functions.
Fourth additional provision. Applicable regulations.
Without prejudice to the characteristics provided for in this order, the Ministerial Committee on Digital Administration is governed by provisions in the field of organ collegiate in chapter II of title II of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
Sole transitional provision. Procurement records initiated previously.
Records that are initiated and contracts awarded before the entry into force of this order, shall be governed, until their conclusion, by order AAA/2200/2012, 8 October. For these purposes, means that the records have been initiated when they have been referred to the Ministerial Committee for its mandatory report or processing.
Sole repeal provision. Repeal legislation.
They are hereby repealed many provisions of equal or lower rank to oppose provisions of this order, and in particular, the order AAA/2200/2012, of 8 October, that creates the Ministerial Committee on electronic administration of the Ministry of agriculture, food and environment and regulate its composition and functions.
Sole final provision. Entry into force.
This order shall enter into force the day following its publication in the "Official Gazette".
Madrid, 17 June 2015.-the Minister of agriculture, food and environment, Isabel García Tejerina.
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