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Order Hap/444/2015, Of 13 March, Which Creates The Digital Administration Of The Ministry Of Finance And Public Administration Ministerial Committee And Regulates Its Composition And Functions.

Original Language Title: Orden HAP/444/2015, de 13 de marzo, por la que se crea la Comisión Ministerial de Administración Digital del Ministerio de Hacienda y Administraciones Públicas 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 the case of the restructuring of the ministerial departments carried out by Royal Decree 1823/2011 of 21 December 2012, the HAP/847/2012 Order of 25 April 2012, which is set up by the Ministerial Committee of the European Union, is to be implemented by the Commission. Electronic administration of the Ministry of Finance and Public Administrations and regulates its composition and functions, which with some minor modifications has been in place so far.

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 Royal Decree, which took place on 27 September 2014, for the approval of the 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 impulse for digital transformation which, in accordance with its regulatory rules, has assumed since its constitution the Ministerial Committee of Electronic Administration of the Ministry of Finance and Public Administrations 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 this Ministerial Order the creation of the Ministerial Commission of Digital administration of the Ministry of Finance and Public Administrations and to regulate its composition and functions.

In its virtue, I have:

Article 1. Nature and scope of action.

1. The Ministry of Finance and Public Administration's Digital Management Ministerial Commission, whose composition and functions are governed by this Order, is the collegiate body responsible for the promotion and coordination of the department. in the field of digital administration, also acting as a liaison body with the Information and Communications Technology Directorate.

2. The scope of the action of the Ministerial Committee of Digital Administration, according to the provisions of article 7.1 of Royal Decree 806/2014, of 19 September 2014, includes all the organs of the department and 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 on the organisation and operational instruments of information technologies and on communications in the General Administration of the State and its Public Bodies. 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) Develop the project of the department's action plan for digital transformation, based on the proposals of the various public bodies and bodies concerned, and send it, through its president, to the Directorate Information and Communications Technologies for its study and assessment and subsequent elevation to the Information and Communications Technology Strategy Commission, for the purpose of the mandatory report which, according to the article 14.2 of Royal Decree 806/2014 of 19 September, it is to issue the Executive Committee of the Commission ICT Strategy with character prior to its approval.

For these purposes, the Commission should know, in sufficient detail:

1. The IT and communications plans of the various bodies and agencies to which their scope of action is extended.

2. The investment and expenditure forecasts associated with these plans, specifying the specific projects to which they relate and their degree of implementation.

b) Coordinate actions aimed at establishing strategic lines and technical criteria of common interest in information technology and digital administration, in accordance with the guidelines set out by the Directorate for Information and Communications Technologies and the ICT Strategy Commission. In particular, the Commission will coordinate the position of the various ministerial representatives in the various committees and inter-ministerial working groups through the mechanisms which will be approved by the Commission itself. (a) the information and management of the data subject to the field of data processing and the use of the data in the field of data processing and the use of the data; such commissions or working groups.

c) Analyze and plan the functional needs of the departments and units of management of the department and its public bodies attached; evaluate the different solution alternatives proposed by the ICT units; identify the opportunities for efficiency improvement that ICT can bring, applying solutions already developed in the Public Sector field and preventing duplication of work according to the principle of rationalisation; estimating costs in resources human and material that the associated ICT developments can suppose; propose the development of solutions to promote the sharing of common infrastructures and services; to formulate proposals for the implementation of new criteria for the organisation or operation, the implementation of new procedures or the review of In order to improve efficiency and efficiency in this field, and to carry out, where appropriate, in the case of projects of general interest, the validation and subsequent monitoring of indicators in relation to the functional solutions which they are to be implanted, to measure the value generated by them. To this end, it will coordinate information on the inventory of resources in information technology and digital administration of the department. All this in accordance with the guidelines set by the Information and Communications Technologies Directorate and the ICT Strategy Commission.

d) To study technological standardization and its implementation, in accordance with the guidelines established by the Information and Communications Technologies Directorate, in order to ensure the compatibility of 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 and promoting coordination in the field of archives and documents electronics in the department.

In particular, plans to adapt to the National Interoperability Scheme for electronic document will be promoted, while a permanent follow-up will be carried out within the Commission on the level of progress of this aspect in the department.

e) To press implementation in the department of the information security rules, in particular the national security scheme and the personal data protection regulations, in coordination with the Computer Security Committee regulated by the HAP/1953/2014 Order of 15 October, approving the information security policy in the field of the electronic administration of the Ministry of Finance and Public Administration. The Commission may propose common, optional or mandatory criteria in relation to the use of electronic mail, access to the Internet, access to social networks and access to information, as well as to the procedures for monitoring such access, guarantees and audit of such controls.

(f) To promote the application of the technical coordination criteria approved by the Commission of ICT Strategy to the Ministry of Finance and Public Administrations in accordance with the provisions of Article 6.1 of the Royal Decree 1495/2011, of 24 October, for which the Law 37/2007 of 16 November, on the re-use of public sector information, is developed for the field of the state public sector.

g) Establishing the technical criteria which, in the field of Commission competence, are necessary for the implementation in the department of Law 19/2013 of 9 December on transparency, access to public information and good governance, both in terms of active advertising and the right of access, to facilitate the coordination attributed in this area to the departmental transparency information unit.

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

a) Study and present 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 Article 11 of Royal Decree 806/2014 of 19 September 2014.

b) To promote, implement and monitor, in the field of the department, compliance with the guidelines and the follow-up of the guidelines of action set out 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.

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, and ensure the accuracy and completeness of the data pertaining to the department.

d) Analyze the projects of general provisions of special relevance to the department, prepare a report in which the opportunity of the measure, the costs, the need for availability of human resources and development times that can be derived from the approval of the project from the perspective of the use of ICT means and services and refer it to the Information and Communications Technologies Directorate for its knowledge and assessment, as provided for in Article 7.4 of Royal Decree 806/2014, of 19 September.

e) To press and coordinate the implementation, in the field of the department, of how many measures 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 use of computer programs and on methodologies, processes, architectures, standards and best practices.

f) Collaborate with the Information and Communications Technologies Directorate in the identification and sharing of the 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.

g) To collect, and forward quarterly, the budgetary information concerning the economic resources for the ICT goods and services of the Ministry of Finance and Public Administrations and the Public Bodies attached 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/or tools to be established by the Information and Communications Technology Directorate.

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 the digital administration in the Ministry of Finance and Public Administrations.

b) Ensure the coordination of the department's actions 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 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, optimising the use of the available ICT resources, in order to facilitate the development of digital administration in the Ministry of Finance and Public Administrations, in collaboration with the bodies responsible for the use of ICT management and management of these services and procedures.

f) To keep the various organs, agencies and entities of the Ministry permanently informed in relation to regulatory, technological, or any other nature, which are useful for the knowledge of the work done by the department in this field.

g) Carry out studies on digital administration that are estimated to be accurate and, in particular, those relating to the processes of implementation of the various plans in this field.

h) Promote training plans for the Ministry's personnel in the field of information technology, information technology and digital administration. Without prejudice to the competencies attributed to the various institutions and centers of the department in terms of personnel training and in order to ensure compliance with the additional provision of Law 11/2007, 22 of The Commission will be able to establish minimum general levels of training in these matters, which will have to be taken into account in the adoption of the various plans. Department of training. 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.

i) 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. Advisory functions in the field of information technology and digital administration:

(a) Report on the draft general provisions of special relevance for which the organs or bodies belonging to the scope of the Ministerial Commission are proposing and which affect the matters falling within its competence. This function shall be extended to the instructions and circulars of those bodies or bodies, referring to matters of competence of the Commission where, in order to extend their effects beyond the strict internal scope of the body which dictates them, they shall be subject to their consideration.

b) To advise the bodies, agencies and entities of the department, upon request, in the field of information technology and digital administration.

c) 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 carrying out the tasks resulting from the application of the Regulation on the Safety Measures for Automated Files having personal data, approved by Royal Decree 994/1999 of 11 June 1999.

6. Role in the procurement of information technologies:

(a) For the purpose of knowing all procurement proposals related to information and communications technologies and to make the function provided for in Article 2.2 (c) of this Ministerial Order effective, The Ministerial Commission of Digital Administration will be responsible for channelling the request for a mandatory report to the Directorate of Information and Communications Technologies, in accordance with the provisions of article 16.2 of the Royal Decree 806/2014 of 19 September, with the exception of the files which have been declared centralized procurement.

b) Support the ICT units, when required, in the assessment of the alignment of their files with the Department's Digital Transformation Action Plan, prior to the request of the report to the Directorate ICT.

c) Collaborate with the contracting authorities of the department, including the Directorate-General for Rationalization and Centralization of the Recruitment, and with the Information and Communications Technologies Directorate the Commission ICT Strategy, its Executive Committee and its working groups, when requested by them. This collaboration may be extended to all technical issues relating to both information and communications technologies.

Article 3. Membership, organization and composition.

1. The Commission, attached to the Secretariat for Finance and Public Administrations, may act in plenary and in the Standing Committee.

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

(a) President: The holder of the Secretariat of Finance and Public Administrations, which may delegate to the Vice-President.

b) Vice-President: The head of the General Inspection of the Ministry of Finance and Public Administrations.

(c) Vocals: Two representatives of the Secretariat and two representatives of each of the Ministry's Secretaries of State, appointed by the holders of these higher bodies, with the rank of Director General or equivalent.

The Presidency of the Commission may also designate, in a maximum number of two, the Vocals it deems appropriate among the Directors-General of the department.

Vowels may designate an alternate to have a minimum Subdirector General or assimilated category.

As a general criterion, the plenary session will meet once a year, holding the session in a face-to-face manner.

3. The Secretariat of the Plenary Session of the Ministerial Commission shall be taken up by the holder of the Subdirectorate-General for Information and Communications Technologies.

4. The Commission's plenary session has the following functions:

a) Know and, if necessary, approve the Standing Committee's Memory of Activities.

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's action plan for digital transformation to the Information and Communications Technologies Directorate for study and assessment and further elevation to the Commission of Information and Communications Technologies Strategy for the purposes 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.

There will be a Permanent Commission, delegated to the plenary, with its own powers, except those of the referral agreement of the action plan of the department for digital transformation to the Information Technology Directorate and 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, on the basis of the strategic guidelines and the criteria established by the Information Technology Directorate 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 5. Composition and functioning of the Standing Committee.

1. The Department's Standing Committee on Digital Administration shall be composed of the following members:

(a) President: The holder of the General Inspection of the Ministry of Finance and Public Administrations, which in the case of vacancy, absence or illness may be replaced by the Vice-President.

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

c) Vocals:

The Department's Standing Committee on Digital Administration will be composed of the following members, who will be appointed by the higher bodies and directors of the Ministry of Finance and Public Administrations. of public bodies that are dependent on the Department and that, in the light of the functions attributed to the Commission and the role that it assumes in the impulse of the digital administration in the department, will have to include those responsible for the activities more relevant administrative department, ensuring the necessary balance between functional areas and those responsible for ICT:

1. º Two representatives of the Secretariat of State of Finance, appointed by the head of that higher body.

2. Two representatives of the Secretariat of State for Budgets and Expenditure, appointed by the head of the said higher body.

3. º Two representatives of the Secretariat of State of Public Administrations, appointed by the head of that higher body.

4. An Inspector of Services, appointed by the holder of the General Inspection of the Ministry of Finance and Public Administrations.

5. A representative of the Directorate-General for Rationalization and Centralization of the Recruitment on a proposal from the head of the management body.

6. The holder of the Content Management Unit in the Network of the Technical General Secretariat.

7. The holder of the General Secretariat for Information, Documentation and Publications of the Technical General Secretariat.

8. A representative of the General Directorate of the State Heritage, on a proposal from the head of the said management body.

9. A representative of the Directorate-General for Budgets on a proposal from the head of the said body.

10. A representative of the State Tax Administration Agency on a proposal from the Director of the Agency.

11. The representatives of the ICT units of the Department belonging to the ICT Management Committee.

12. A representative of the Information and Communications Technology Directorate at the proposal of the holder of the said organ.

13. A representative of the National Mint and Timbre-Real Casa de la Moneda (FNMT-RCM) appointed on a proposal from the Director General.

May also attend the meetings of the Permanent Commission, with a voice but no vote, representatives of other bodies and agencies of the Ministry of Finance and Public Administration.

The vowels of the Standing Committee shall have a minimum organic level of Subdirector General or assimilated and may designate an alternate who must have at least the Deputy Director or Deputy Director category.

Likewise, other officials whose collaboration is considered useful for the development of the work of the Commission, when the president so agrees, may attend on a permanent basis, with a voice and without a vote. For specific tasks and on a non-permanent basis, members may attend meetings of the Standing Committee accompanied by officials who are experts on the subjects to be dealt with.

Will 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.

2. The Standing Committee may also act through technical papers and working groups, in the manner set out in this Order.

3. As a general criterion, the Standing Committee shall meet at least once a month and the sessions shall be held in person. However, where the nature of the matters to be dealt with so permits, extraordinary virtual meetings of a non-face-to-face nature may be convened, in such a case the matters included in the agenda of the meeting shall be adopted if, in the time limit set in the call, no comments are made or if the comments made are accepted, by unanimity, by the members of the Standing Committee.

Article 6. Technical papers.

1. Technical papers may be set up within the Standing Committee, the role of which shall be to support the Commission in the performance of its tasks. The technical papers shall have the composition which, in each case, shall be determined by the Standing Committee.

In particular, it will be up to the technical papers to raise the proposed report to the Standing Committee on the following aspects:

(a) The performance of the functions provided for in Article 2.6 of this Order and the monitoring of the adequacy of the systems to the National Interoperability and Safety Schemes.

b) The formulation of reports on projects of general provisions of particular relevance to the department, which are required in accordance with the provisions of Article 2.3 (d) of this Order.

Article 7. Working groups.

1. For reasons of urgency or effectiveness, the Standing Committee may act through specific, permanent or non-permanent working groups designated within it.

To this end, the Permanent Commission, in the agreement of creation of each working group, must approve the powers, rules of operation, composition and temporary validity of the same. The working groups shall report on their activities and decisions at the meetings of the Standing Committee.

Working groups will act under the top leadership of the Chairman of the Standing Committee.

2. On a permanent basis, a "Digital Administration Coordination and Momentum Working Group at the Ministry of Finance and Public Administration" (GTCIAD) is hereby established within the Digital Administration Commission.

The GTCIAD will collaborate with the Permanent Commission in the development of the functions referred to in Articles 2.2 (g) and 2.4 (i) of this Order, in the coordination of the general communication policy through the portals Internet, electronic headquarters and intranets of the department and how many others it entrusts to you.

The GTCIAD will be composed of a president, appointed by the president of the plenary on a proposal from the Standing Committee, and by the officials with the level of Deputy Director General, Deputy Director General or equivalent, or not belonging to the Permanent Commission, which are designated in accordance with the following distribution: Two by the head of the Secretariat of State of Finance, two by the head of the Secretariat of State for Budgets and Expenses, two by the head of the Secretariat of State of Finance Secretary of State for Public Administrations, two by the holder of the Secretariat of Finance and General government and two by the head of the Directorate General of the State Administration of Tax Administration. Also part of this working group will be the holder of the Content Management Unit in the Network of the Technical General Secretariat and other members appointed by the Permanent Commission of Digital Administration will be able to join the GTCIAD. on a proposal from its chairman.

The annual work programme of the GTCIAD will be approved by the Chair of the Ministerial Digital Administration Commission on a proposal from the Standing Committee.

3. On a permanent basis, a "Department of Editorial Coordination Working Group on the Department's Web Environments" (GTCEW) is created within the Digital Administration Commission.

The GTCEW will collaborate with the Permanent Commission on the issues it entrusts and, in particular, in the development of the functions referred to in Article 2.4.i) of this Order and in the coordination of the general communication policy through the department's internet portals, electronic venues and intranets.

In a special way, the GTCEW will coordinate the Department's momentum and action on social networks, in accordance with the decisions on the Permanent Commission of Digital Administration and the proposals on this Question of the Ministers of Finance of the Minister of Finance and Public Administrations.

The GTCEW will be chaired by the holder of the Content Management Unit in the Network of the Technical General Secretariat, and the Deputy Director General of Information, Documentation and Publications of the Ministry will be integrated into it. acting as Secretary, the Deputy Director General of Information and Communications Technologies of the Secretariat and a representative with the category of Deputy Director General or assimilated to the following institutions: Cabinet of the Minister of Hacienda y Administraciones Públicas, Secretaría de Estado de Hacienda, Budgets and Expenses, Secretariat of State of Public Administrations, State Agency of Tax Administration and General Inspection. Other members appointed by the Standing Committee on Digital Administration may be incorporated into the GTCEW on a proposal from its chairman.

Where it is of interest, the President may convene the meetings, with a voice and without a vote, to other officials who are experts or responsible for the matters to be dealt with.

The annual work programme of the GTCEW will be approved by the Chair of the Ministerial Digital Administration Commission on a proposal from the Standing Committee.

Article 8. Relations with public bodies and bodies.

1. In the framework of the tasks entrusted to it, the Digital Management Ministerial Committee may request the bodies and bodies of the department to which its field of competence extends, within the legally established framework, how much data and reports you deem necessary for the fulfillment of your purposes

2. For the purposes of proper communication and relationship, the various higher and managerial bodies, as well as the Public Bodies attached to the department, shall appoint a partner with the following functions:

a) Collaborate on the work of the Commission in accordance with what is set out in this Order.

b) Collaborate with the Commission for the coordination of information regarding the inventory of computer equipment in the department.

c) Develop and promote how many measures consider appropriate in order to achieve the greatest effectiveness and cost-effectiveness of information and communications treatment systems.

d) Maintain the information collaboration referred to in the number 1 of this Article.

3. The Digital Administration Ministerial Commission shall keep the various bodies, agencies and public entities of the department permanently informed of the matters to which their tasks relate, in accordance with the policy of information to be established by the Permanent Commission. The information shall be made through the ministerial intranet or, where this is not possible, through the remaining intranets of the department or the alternative means to be established for this purpose.

Additional disposition first. Modifying references.

All references to the Ministerial Commission of Electronic Administration of the Ministry of Finance and Public Administrations and its Permanent Commission shall be construed as being made to the Ministerial Committee of Digital Administration of the Ministry of Finance and Public Administrations and its Permanent Commission, respectively.

Additional provision second. Scope of application.

The provisions of this Order are without prejudice to the powers of the State Tax Administration Agency, and the Order will only apply to the State Tax Administration Agency. as soon as it is compatible with your specific regulations.

Additional provision third. Applicable rules.

Without prejudice to the peculiarities provided for in this Order, the Ministerial Committee on Digital Administration shall be governed by the provisions of the provisions of Chapter II of Title II of Law No 30/1992, 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 Secretariat of Finance and Public Administrations and the organs with representation in the same.

Single transient arrangement. Previously initiated procurement files.

The cases initiated and the contracts awarded prior to 1 January 2015, the date on which the entry into force of Royal Decree 806/2014 of 19 September 2014 has occurred, will, until its conclusion, be governed by the Order HAP/847/2012 of 25 April. 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.

Order HAP/847/2012 of 25 April 2012, which created the Ministerial Committee of Electronic Administration of the Ministry of Finance and Public Administrations and regulated its composition and functions, and the provisions of the same or lower rank as they object to this Order.

Final disposition first. Operating instructions.

The Secretariat of the department may issue instructions for the operation of the Standing Committee.

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, 13 March 2015.-The Minister of Finance and Public Administration, Cristobal Montoro Romero.