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.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-5555

The Commission for the reform of public administrations (CORA) was established 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 half of the measures are, directly or indirectly, actions related to information technology and communications (ICT), whose multiplier effect on productivity is supported by numerous studies that show a strong correlation between this process of digitalization and global competitiveness and productivity improvements of societies and 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 in that line is the implementation of a new model of governance of ICT in the General Administration of the State (AGE), developed first, with the creation, through Royal Decree 695/2013, of 20 September, of a new directive figure of high-level skills for all of the AGE and its public agencies : the direction of information technology and communications, 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 second, through the organic development of this new model of governance, through 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 bodies, which, together with the already mentioned of the DTIC figure, defines a series of colleges and units that implement the rationalization and transformation of ICT policies in the scope of the public administrative sector.

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.

This order is based on the provisions of the transitional provision of Royal Decree 806/2014, on September 19 and as provided for in article 40.2 of the law 6/1997, of 14 April, second of organization and functioning of the General Administration of the State, which determines that the ministerial committees are created and regulated by order of the Minister , In virtue, with the prior approval of the Minister of finance and public administration, have: article 1. Object.

1. the present order aims to the creation and regulation of the Ministerial Committee on Digital administration of the Ministry of industry, energy and tourism, which is configured as the College responsible for impulse and the internal coordination of the Department and its public agencies in the field of digital management and as an organ of the Directorate of information technologies and communications (DTIC) and liaison with other bodies or committees specialized in the matter.

2. the Ministerial Committee on Digital administration of the Ministry of industry, energy and tourism is attached to the Undersecretary of the Department and its scope will encompass all the organs of the Ministry and its affiliated agencies. The General Subdirectorate of information technologies and the communications of the Ministry will provide to the Commission the support required for the performance of its functions.

Article 2. Composition and performance.

1. the Ministerial Committee on Digital administration of the Ministry of industry, energy and tourism acts in plenary sitting and Standing Committee.

2 the full will have the following composition: to) Presidency: the owner of the Undersecretary of industry, energy and tourism.

(b) Vice President: the owner of the General technical secretariat.

(c) members: 1 a vocal representative of each of the following bodies: Ministry of energy, Secretary of State of telecommunications and for the information society, Secretary of State for tourism and General Secretariat of 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.

3rd vocal Dos, as a maximum, on behalf of the Secretary of the Department, one of which will be the owner of the General Subdirectorate of information technologies and communications.

The vocal representatives of superior or executive organs of the Department and public bodies must have minimum rank of Deputy Director general or assimilated.

Members representing superior or executive organs of the Department shall be appointed by the Secretary, on a proposal from the owners of those. The vocal representatives of public organizations attached to the Department will be appointed also by the Undersecretary, a proposal from owners.

In the event of vacancy, absence or illness and in general when if a justified cause, the titular members shall be replaced by alternate members of such bodies, which shall be appointed by the same procedure as the holders and must also have minimum rank of Deputy Director general or assimilated.

The President may permit members to attend meetings of the plenary or the Committee accompanied by experts from 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. The authorization of the participation of these advisers, with voice but without vote, will be requested through the Secretary.

An official of the General Subdirectorate of information technologies and communications, appointed by the President, who shall have voice but no vote will act as Secretary. In his absence, the member designated by the plenary shall exercise their functions.

The plenary will meet at least once a year, in face-to-face or virtual, although the President may convene extraordinary when necessary.

3 the Permanent Commission will have the following composition: a) Presidency: the owner of the General technical secretariat.

(b) Vice President: the holder of the General Subdirectorate of information technologies and communications.

(c) members: 1 a vocal representative of each of the following bodies of the Department: Secretary of State for energy, Secretariat for State of telecommunications and the information society, Ministry of tourism, Secretary and General Secretariat of industry and small and medium-sized enterprises.

2nd vocal representatives of each of the public bodies attached to the Ministry of industry, energy and tourism, to which incumbent the subjects to be treated.

Members must have the minimum category of Deputy Director general or assimilated. Members representing superior or executive organs of the Department shall be appointed by the Secretary, on a proposal from the owners of those, and those who are representatives of the public agencies attached to the Department a proposal from owners.

In the event of vacancy, absence or illness and, in general, when if a justified cause, the titular members shall be replaced by alternate members of such bodies and agencies, which will be appointed by the same procedure as the holders and must have organic level head of area at least.

The President may permit members to attend meetings accompanied by staff of the organs and bodies expert in matters that have to be treated. The authorization of the participation of these advisers, with voice but without vote, will be requested through the Vice President.

It will act as Secretary of the Commission, with voice but without vote, the same as that of the plenary.

The Standing Committee will meet bimonthly periodicity, face-to-face or virtual form, although the same Presidency may convene it extraordinary when necessary.

Article 3. Functions of the plenary of the Ted and the CP-Ted.

1 the plenary of the WCED shall perform the following functions: to) Act as an organ of the relationship between the Department with its attached agencies, and the DTIC, to ensure coordination with the criteria and policies 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 Department Digital for the digital transformation, at least biannual duration and in accordance with the guidelines established by the DTIC, with strategic lines established by the Commission's strategy, ICT and the ICT strategy of the AGE and its public agencies 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 Department Digital Action Plan.

(e) collaborate with the direction of information technology and communications, proposing the direction of information technology and communication sharing services or resources of information and communications systems of the Ministry of industry, energy and tourism or its affiliated public agencies.

(f) approve instructions or guidelines for the application of new criteria of organization or operation, the implementation of new procedures or the revision of existing ones in the Department, within the framework of the digital Action Plan.

(g) any other function that is attributed to him by legislation.

2 the Permanent Commission shall have the following functions, applicable to the organs of the Ministry and its autonomous bodies: to) analyze the functional needs of units of the Department's management and its affiliated agencies and evaluate the different alternatives of solution proposed by units ICT, identifying opportunities for improvement of efficiency that can bring ICT, applying solutions already developed in the field of Public Sector, and estimating costs in resources human and material that the ICT developments partners may involve.

(b) develop the Plan of action of the Department for digital transformation, which will be approved by the plenary.

((c) have knowledge of all contract proposals related to information technologies and communications and information of the management bodies about their relationship with the Action Plan of the Department for digital transformation prior to its referral to the DTIC, in order to give effect to the functions provided for in paragraphs a) and b).

(d) advise the ICT units, when they so require, to evaluate the alignment of your records with the Action Plan of the Department for digital processing, prior to the request for the report to address ICT.

e) issue, at the request of the proponent organ of record, technical report prior to the award of contracts made in ICT, in the phase of evaluation of tenders and award proposal.

(f) inform the draft provisions of general character, agreements, collaboration agreements, instructions and circulars of the Department, preparing a report on the opportunity to measure, the 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.

(g) draw up a progress report on the Plan of action Digital, containing the status of the planned measures and carried out engagements, for submission to the plenary with annual periodicity.

(h) keeping an inventory of services or resources of information and communications systems for the processing and transfer to the plenary of the Ministerial Committee of Digital administration of proposals of Declaration of services or resource sharing at the level of the General Administration of the State.

(i) elaborate instructions or guidelines of organization or operation, for approval by the plenary, which 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.

(j) 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.

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

(l) promote and encourage training in the information technology and e-Government in the area of the Department, and the best use of them.

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

3 relating to the public business entities, the Permanent Commission shall ensure: to) inform the policies defined by the DTIC and the projects developed for your application.

(b) 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.

Article 4. Calls.

1 both the plenary and the Standing Committee is validly, constitute in first call, when the people who occupy the Presidency and the Secretariat, are present or those who replace them in their case, and in addition, half of its total membership. In second call, follow the same criteria that for the plenary with regard to Presidency and Secretariat, but simply with the assistance of three vowels.

2. in case of absence, vacancy, illness or other legal cause of the person who occupies the Presidency, the person holding the Vice President shall exercise that function and in the absence of the Member of the College of higher hierarchy, seniority and age, in this order, from its components.

Article 5. Use of electronic media.

1 pursuant to article 2.4 of the Royal Decree 776/2011, of 3 June, whereby certain colleges are abolished and establish criteria of standardization in the creation of bodies registered in the General Administration of the State and its public bodies, the Ministerial Committee on Digital Administration will promote its operation the use of electronic media, in particular with respect to the convening of meetings , the communication of the order of the day, access to the documentation produced in the course of the work of this body, as well as virtual meetings.

2. the Chairmen of the bodies of the Commission may decide that constitute and adopt its agreements by electronic means, with respect to the essential formalities provided for in articles 26 and 27.1 of Act 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

3 according to the available additional first of law 11/2007, of 22 June, electronic access of citizens to public services, as provided for in the preceding paragraph shall be carried out with the following guarantees: to) must be ensured the effective realization of the principles of legislation with respect to the call, access to information and communication of the order of the day , in where you specify the times that will be organized discussions, formulation and understanding of the proposals and the adoption of agreements.

(b) the Constitution and adoption of agreements system will ensure the participation of the members in accordance with the provisions of the organ.

(c) the proceedings shall ensure the consistency of communications produced as well as the members access to the content of the adopted agreements.

Article 6. Request for information.

The Ministerial Committee on Digital administration of the Ministry of industry, energy and tourism, for the exercise of their functions, be sought much information deemed accurate of all units and public bodies of the Ministry, which will be obliged to provide it, in accordance with the legislation in force.

Article 7. Operation.

In matters not provided for by this order, the Ministerial Committee on Digital Administration, in plenary session or Standing Committee, shall be adjusted in its operation to the provisions of chapter II of title II of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure and as provided in respect of use of electronic means for the meetings of bodies chartered at the disposal additional first 11 law / 2007, of 22 June, electronic access of citizens to public services.

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. No increase in public spending.

The operation of the Ministerial Committee on Digital Administration does not imply increased public spending and will be dealt with material means and personnel in the Ministry of industry, energy and tourism and with budgetary availability in each exercise without that it may lead to increase in allowance or remuneration of other staff costs. In particular, it will support technical and administrative the General Subdirectorate of information and communications technologies.

Third additional provision. Modification of references.
All references to the Ministerial Committee on electronic administration of the Ministry of industry, energy and tourism and its Standing Committee, in rules and regulations, shall be deemed performed to the Ministerial Committee on Digital administration of the Ministry of industry, energy and tourism and its Standing Committee, respectively.

Sole transitional provision. Temporary exercise of functions.

As long as it does not constitute the Ministerial Committee on Digital Administration, its functions will continue to play by the Ministerial Committee on electronic administration of the Ministry.

Sole repeal provision. Repeal legislation.

They are without effect many provisions of equal or lower rank to oppose provisions of this order, and in particular, the order EIT/35/2013, January 21, by which creates the electronic administration Ministerial Committee in the Ministry of industry, energy and tourism and regulates 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, may 12, 2015.-the Minister of industry, energy and tourism, Jose Manuel Soria Lopez.