Advanced Search

Order Eit/919/2015, Of May 12, That The Ministerial Committee On Digital Administration Of The Ministry Of Industry, Energy And Tourism Creates And Regulates Its Composition And Operation.

Original Language Title: Orden IET/919/2015, de 12 de mayo, por la que se crea la Comisión Ministerial de Administración Digital del Ministerio de Industria, Energía y Turismo y se regula su composición y funcionamiento.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

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), whose multiplier effect on productivity has been endorsed by many studies demonstrating 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 cross-cutting competences for the whole of the AGE and its public bodies: the Information and Communications Technologies Directorate, 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 governance model, through Royal Decree 806/2014 of 19 September, on the organisation and operational instruments of information technologies and the communications in the General Administration of the State and its Public Bodies, which, together with the figure already mentioned by the DTIC, defines a series of collegiate bodies and units that will implement the policies of rationalization and transformation of the 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.

This order is based on the provisions of the second transitional provision of Royal Decree 806/2014 of 19 September 2014 and the provisions of Article 40.2 of Law 6/1997 of 14 April of the Organization and the Functioning of the State General Administration, which determines that ministerial commissions are created and regulated by the Minister's order,

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

Article 1. Object.

1. The purpose of this order is the creation and regulation of the Ministerial Committee on Digital Administration of the Ministry of Industry, Energy and Tourism, which is set up as the collegiate body responsible for the impetus and internal coordination. of the Department and its public bodies in the field of digital administration and as a liaison body with the Information and Communications Technologies Directorate (DTIC) and with other specialized bodies or commissions in the field.

2. The Ministry of Industry, Energy and Tourism's Digital Management Ministerial Commission is attached to the Secretariat of the Department and its scope of action will cover all the organs of the Ministry and its public bodies attached. The Ministry of Information and Communications of the Ministry shall provide the Commission with the support it needs for the performance of its tasks.

Article 2. Composition and operation.

1. The Ministry of Industry, Energy and Tourism's Digital Management Ministerial Commission is active in plenary and in the Standing Committee.

2. The plenary session will have the following composition:

(a) Presidency: The holder of the Secretariat for Industry, Energy and Tourism.

b) Vice-Presidency: The holder of the Technical General Secretariat.

c) Vocalias:

1. A vocal representative of each of the following bodies: Secretary of State for Energy, Secretary of State for Telecommunications and the Information Society, Secretary of State for Tourism and General Secretariat Industry and Small and Medium-sized Enterprises.

2. A vocal representative of each of the public bodies attached to the Ministry of Industry, Energy and Tourism.

3. Two vowels, at most, on behalf of the Department's Sub-Secretariat, one of which shall be the holder of the General Information and Communications Technology Subdirectorate.

Vocal representatives of the senior organs or managers of the Department and public bodies must have a minimum rank of deputy director-general or equivalent.

The vowels representing senior organs or directors of the Department will be appointed by the Undersecretary, on the proposal of the holders of those. The representatives of the public bodies assigned to the Department shall also be appointed by the Deputy Secretary, on the proposal of their holders.

In the case of vacancy, absence or disease and in general where justified cause is present, the members shall be replaced by alternate members of such bodies, who shall be appointed by the same procedure as the holders and must also have a minimum rank of deputy director-general or assimilated.

The president may authorise the vowels to attend the meetings of the plenary session or the Commission accompanied by experts from the DTIC or from any of the bodies and commissions of the ICT Governance structure of the AGE, or well to other experts, all of whom will attend with a voice but without a vote. The authorization of the participation of these advisors, with voice but no vote, will be requested through the secretary.

Will act as secretary an official of the General Secretariat for Information and Communications Technologies, appointed by the president, who will have a voice but no vote. In his absence, the voice appointed by the plenary session shall be exercised by the voice.

The plenary session shall meet at least once a year, in an in-person or virtual manner, although the President may convene it on an extraordinary basis when necessary.

3. The Standing Committee shall have the following composition:

(a) Presidency: The holder of the Technical General Secretariat.

b) Vice-Presidency: The holder of the General Information and Communications Technology Subdirectorate.

c) Vocalias:

1. A vocal representative of each of the following departments of the Department: Secretary of State of Energy, Secretary of State of Telecommunications and for the Information Society, Secretary of State for Tourism, Deputy Secretary and General Secretariat for Industry and Small and Medium-sized Enterprises.

2. The vocal representatives of each of the public bodies attached to the Ministry of Industry, Energy and Tourism, which are responsible for the issues to be dealt with.

The vowels must have the minimum category of deputy director general or assimilated. Vowels representing senior organs or directors of the Department shall be appointed by the Undersecretary, on the proposal of the holders of those and those who are representatives of the public bodies assigned to the Department on a proposal of its headlines.

In the case of vacancy, absence or disease and, in general, where a justified cause is present, the members shall be replaced by alternates of such bodies and bodies, which shall be appointed by the same body. the procedure for the holders and must have at least the organic level of the head of the area.

The president may authorise the members to attend the meetings accompanied by staff of the organs and expert bodies in the subjects to be dealt with. The authorization of the participation of these advisors, with voice but no vote, will be requested through the vice president.

He will act as the secretary of the Commission, with a voice, but without a vote, the same as that of the plenary.

The Permanent Commission will meet with bimonthly periodicity, in a face-to-face or virtual manner, although the Presidency of the Permanent Commission will be able to convene it with extraordinary character when necessary.

Article 3. Functions of the CMAD plenary session and the CP-CMAD.

1. 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 Digital Action Plan for digital transformation, lasting at least biannual and in accordance with the guidelines established by the DTIC, with the strategic lines established by the Commission of ICT strategy 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 the available ICT resources, periodically evaluating the progress of the Department's Digital Action Plan.

e) Collaborate with the Information and Communications Technologies Directorate, proposing to the Information and Communications Technologies Directorate the shared use of services or systems resources information and communications from the Ministry of Industry, Energy and Tourism or 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.

2. The Standing Committee shall have the following functions, applicable to the organs of the Ministry and its autonomous bodies:

a) Analyze the functional needs of the department's management units and their assigned bodies and evaluate the different solution alternatives proposed by the ICT units, identifying the opportunities of improving the efficiency that ICT can bring, by 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 Action Plan for digital transformation, 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 Action Plan department for digital transformation prior to its referral to the DTIC, with the aim of making the functions provided for in paragraphs (a) and (b) effective.

d) To advise the ICT units, when required, in the assessment of the alignment of their files with the department's Action Plan for digital transformation, prior to the request of the report to the ICT address.

(e) to issue, at the request of the proposer's body, a technical report prior to the award of contracts made in ICT, in the tender evaluation phase and the award proposal.

f) Inform the projects of general provisions, agreements, collaboration agreements, instructions and circulars of the Department, preparing a report on the opportunity of the measure, the costs, the need of human resources and development times that can be derived from 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.

g) Develop a report on the progress of the Digital Action Plan, including the status of the planned actions and the procurement, for presentation to the plenary session.

h) Keep up to date an inventory of information and communications systems services or resources for the preparation and transfer to the plenary of the Ministerial Committee for Digital Administration of proposals for a declaration of shared-use services or resources within the scope of the General Administration of the State.

i) To elaborate the instructions or guidelines of organization or operation, for approval by the plenary, that are necessary for the digitalization of the services and procedures of the department with the purpose of homogenize them, simplify them, and improve their quality and ease of use.

j) 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.

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

l) Promote and encourage the formation of information and electronic administration technologies in the field of the Department, and the best use thereof.

m) Any matter that is expressly delegated to you by the Plenary.

3. In relation to business public entities, the Standing Committee shall ensure:

a) Report on the policies defined by the DTIC and the projects developed for its implementation.

b) 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.

Article 4. 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. 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 three vowels will suffice.

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.

Article 5. Use of electronic means.

1. In compliance with Article 2.4 of Royal Decree 776/2011 of 3 June 2011, which abolished certain collegiate bodies and established criteria for standardisation in the creation of collective bodies in the General Administration of the State and its Public Bodies, the Ministerial Committee on Digital Administration shall promote the use of electronic means in its operation, in particular as regards the convening of meetings, the communication of the agenda, the access to the documentation produced in the course of the work of this body, as well as the holding virtual meetings.

2. The chairmen of the bodies of the said committee may decide to establish and adopt their agreements using electronic means, with respect to the essential formalities laid down in Articles 26 and 27.1 of Law No 30/1992, of 26 May 1992. November, the Legal Regime of Public Administrations and the Common Administrative Procedure.

3. In accordance with the additional provision of Law 11/2007, of 22 June, for the electronic access of citizens to Public Services, the provisions of this paragraph shall be made with the following guarantees:

(a) The effective implementation of the principles that the legislation establishes in respect of the call, access to the information and the communication of the order of the day, where the times will be specified, shall be guaranteed. organise the discussions, the formulation and knowledge of the proposals and the adoption of agreements.

(b) The arrangements for the establishment and adoption of agreements shall ensure the participation of the members in accordance with the body's own provisions.

(c) The minutes shall ensure the constancy of the communications produced and the access of the members to the content of the agreements adopted.

Article 6. Request for information.

The Ministry of Industry, Energy and Tourism's Ministerial Committee for Digital Administration, for the exercise of its functions, may collect as much information as it deems accurate from all public units and units of the Ministry, which will be obliged to facilitate it, in accordance with the legislation in force.

Article 7. Operation.

As not provided for in 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 and the provisions on the use of electronic means for the meetings of collegiate bodies in the first provision of the Law 11/2007, of June 22, electronic access of citizens to Public Services.

Additional disposition first. Execution instructions.

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

Additional provision second. No increase in public spending.

The operation of the Digital Administration Ministerial Commission will not increase public spending and will be attended by the existing material and personnel resources in the Ministry of Industry, Energy and Tourism and with the budgetary resources available for each financial year, without any increase in appropriations or remuneration or other expenditure on staff. In particular, it will provide technical and administrative support to the General Information and Communications Technology Subdirectorate.

Additional provision third. Modifying references.

All references to the Ministerial Commission of Electronic Administration of the Ministry of Industry, Energy and Tourism and its Standing Committee, in rules and regulations, shall be construed as Ministry of Digital Administration of the Ministry of Industry, Energy and Tourism and its Permanent Commission, respectively.

Single transient arrangement. Transient exercise of the functions.

As long as the Digital Administration Ministerial Commission is not established, its functions will continue to be performed by the Ministry's Ministry of Electronic Management.

Single repeal provision. Regulatory repeal.

There is no effect on any provisions of equal or lower rank that are contrary to the provisions of this order, and in particular Order IET/35/2013 of 21 January establishing the Ministerial Committee for Administration Electronics in the Ministry of Industry, Energy and Tourism 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, May 12, 2015. -Minister of Industry, Energy and Tourism, José Manuel Soria López.