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.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-2834

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 committees as organs collegiate, «ordered to promote the digital transformation of the administration according to a common strategy in the field of the information technology and communications». Thus modifies the role of previous Ministerial eGovernment committees created by Royal Decree 589/2005, May 20, which will restructure the collegiate bodies responsible for the administration of electronic and in compliance with which was issued, following the restructuring of the various ministerial departments carried out by the Royal Decree of 1823 / 2011, of 21 December the order HAP/847/2012, on 25 April, which creates the electronic administration of the Ministry of finance and public administration Ministerial Committee and regulates its composition and functions, which has been in force up to the moment with some minor modifications.

The second transitional provision of the own Royal Decree 806/2014, on September 19, granted within four months from the entry into force of the Royal Decree, which occurred on September 27, 2014, for the approval of relevant regulatory ministerial orders of the ministerial committees of Digital Administration.

Therefore, in accordance with the aforementioned second transitional provision, in order to strengthen the role of impulse of the digital transformation that, in accordance with its regulatory legislation, took from its Constitution the Ministerial Committee on electronic administration of the Ministry of finance and public administration and in accordance with article 40.2 of the Act 6/1997 April 14, organization and functioning of the General Administration of the State, through the present ministerial order proceeds to the creation of the Ministerial Committee on Digital administration of the Ministry of finance and public administration and to regulate its composition and functions.

By virtue, I have: article 1. Nature and scope of action.

1. the Ministerial Committee on Digital administration of the Ministry of finance and public administration, 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 field of action of the Commission Ministerial of Administration Digital includes, in accordance with it intended in the article 7.1 of the Real Decree 806 / 2014, of 19 of September, to all them organs of the Department and to them bodies public attached to the same.

Article 2. Functions.

1. the Ministerial Committee on Digital Administration will carry out the functions referred to in article 7 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 bodies. In all case, will be functions of the Commission Ministerial which is collected in the following paragraphs.

2 functions of departmental coordination in the field of digital management and information technologies: to) prepare the draft of the Action Plan of the Department for digital transformation, from the proposals of the various bodies and agencies affected, and send it, through its Chairman, to the direction of information technology 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 report prescriptive that, in accordance with the article 14.2 of the Real Decree 806 / 2014, of 19 of September, should issue the Committee Executive of the Commission's strategy ICT with character prior to its approval.

For this purpose, the Commission must know, in a sufficiently detailed manner: 1 plans computer and communications of different organs and bodies that extends its scope.

2. estimates of investment and expenditure associated with these plans, with specification of the concrete projects to which they refer and their degree of implementation.

(b) coordinate action aimed at establishing strategic lines and technical criteria of common interest in technologies of information and digital administration, in accordance with the guidelines laid down by the direction of information technology and communications, and the Commission's ICT strategy. Of form special, the Commission will coordinate, through them mechanisms that to the effect is approved by it own Commission, the position of them different representatives Ministerial in them different commissions and groups of work inter-ministerial in matter of computer and administration digital, without prejudice of them positions specific that corresponds to them representatives of centers u organisms in materials related directly with them skills that have determined its membership to such commissions or groups of work.

(c) analyze and plan the functional needs of the organs and units of management of the Department and its affiliated agencies; evaluate the different alternatives of solution proposed by the units ICT; identify opportunities for improving efficiency that can bring ICT, applying solutions already developed in the field of Public Sector and avoiding duplication in accordance with the principle of rationalization; to be generated estimate the costs in human resources and materials that the associated ICT developments can assume; propose the development of solutions that promote the sharing of infrastructure and common services; formulate proposals of application of new criteria of organization or of operation, of implementation of new procedures or of review of them existing with the objective of improve the effectiveness and the efficiency in this field; and perform, in its case, when is try of projects of interest general, it validation and subsequent tracking of indicators in relation to them solutions functional that go to be implanted, that allow measure the value generated by them same. For this purpose, coordinate information about the inventory of resources on technologies of information and digital administration of the Department. All of this in accordance with the guidelines laid down by the direction of information technology and communications, and the Commission's ICT strategy.

(d) study the technological standardisation and its implementation, in accordance with the guidelines laid down by the direction of information technology and communications, in order to ensure the compatibility of the systems and the exchange of data, coordinating plans and actions aimed at the effective implementation in the Department of the rules that develop the national interoperability scheme and favouring the coordination of files and electronic documents in the Department.

Special plans for adaptation to the national interoperability scheme in the field of electronic document, impetus will be given at the time that will develop a permanent monitoring in the Committee on the level of progress of this aspect in the Department.

(e) promote the implementation in the Department of the rules on information security, in particular the arising of the national scheme of safety and regulations on protection of personal data, in coordination with the information security Committee regulated by the order of HAP/1953/2014, on 15 October, which approves security policy of information in the field of the electronic administration of the Ministry of finance and public administration. The Commission may propose criteria common, optional u mandatory, in relation to the use of the mail electronic, the access to Internet, the access to them networks social and the access to the information, as well as on them procedures of control of such access, them guarantees and the audit of such controls.

(f) promote it application in the Ministry of Hacienda and administrations public of them criteria of coordination technical approved by the Commission of strategy ICT in application of it willing in the article 6.1 of the Real Decree 1495 / 2011, of 24 of October, by which is develops the law 37 / 2007, of 16 of November, on reuse of the information of the sector public , for the scope of the State public sector.

(g) establish technical criteria which, in the field of competence of the Commission deemed necessary for the implementation in the Department of law 19/2013, December 9, on transparency, access to public information and good governance, both in relation to advertising active as to the right of access, to facilitate coordination attributed here to the information unit of departmental transparency.

3 functions of relationship and coordination with the Directorate of information technologies and communications: to) study and submit 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.


(b) promote, implement and monitor, in the area of the Department, the guidelines and the follow-up to 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.

(c) coordinate it collected, aggregation e incorporation of the information required by the address of technologies of the information and them communications, in particular them referred to the Observatory of it administration electronic and transformation Digital, following them procedures that for this is define by the Commission of strategy ICT, and ensure by it accuracy e integrity of them data corresponding to the Department.

(d) analyse the projects of general provisions of particular relevance to the Department, a report which will be displayed and will appreciate the opportunity to measure, costs, need for availability of human resources and development times which can be derived from the adoption of the draft from the perspective of the use of media and ICT services and send it to the address of information technologies and communications for their knowledge and assessment , in accordance with it intended in the article 7.4 of the Royal Decree 806 / 2014, of 19 of September.

(e) to promote and coordinate the implementation, at the level of the Department, for measures to take 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 on recommendations and good practices in the use of computer programs and methodologies processes, architectures, standards and best practices.

(f) 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.

(g) collect, and send quarterly, it information budgetary reference to them resources economic destined to them goods and services ICT of the Ministry of Hacienda and administrations public and them organisms public attached to the same, to them effects expected in the article 19 of the Real Decree 806 / 2014, of 19 of September, using for this them guidelines, procedures or tools that it address of technologies of the information and them communications set.

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 finance and public administration.

(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 relation to the technology or them standards to use in the development of it administration digital, in accordance with them guidelines fixed by the address of technologies of the information and them communications and the Commission of strategy ICT.

(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, in order to facilitate the development of the digital administration in the Ministry of finance and public administration , in collaboration with the organs that have to its charge it direction and management of these services and procedures.

(f) keep permanently informed the various organs, agencies and entities of the Ministry with regard to regulatory, technological issues, or of any other nature, that are useful for the knowledge of the work carried out by the Department in this matter.

(g) conduct studies on digital administration deemed accurate and, in particular, those relating to the processes of implementation of the various plans in this area.

(h) promote training of the personnel of the Ministry plans in terms of computing, digital management and information technologies. Without prejudice of them powers attributed to them different institutions and centers of the Department in matter of training of the personal and with the purpose of ensure the compliance of the available additional second of it law 11 / 2007, of 22 of June, of access electronic of them citizens to them services public, the Commission may determine levels general minimum of training in these materials , that must be dyed in consideration in the approval of the various plans departmental of training. The Commission shall be informed on the implementation of the different training processes in accordance with the standardized statistical criteria approved by the same.

(i) 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 advisory functions in the field of digital management and information technologies: to) report on draft general provisions of particular relevance of those who are proponents organs or bodies belonging to the scope of the Ministerial Commission and affecting matters within its competence. This feature will be extended to the instructions and circulars from those bodies or agencies, concerning matters of competence of the Commission when, to extend its effects beyond the strict internal scope of the authority which issued them, be submitted for its approval.

(b) advise the organs, agencies, and entities of the Department, upon request, in the field of digital management and information technologies.

(c) 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 Agency of data protection and the realization of the tasks arising from the application of the regulation of measures of security of the computerized files containing personal data , approved in the Royal Decree 994 / 1999, of 11 of June.

6 functions in procurement of information technology: to) in order to meet all contract proposals related to information technologies and communications and make effective the role provided for in article 2.2 c) this ministerial order, the Ministerial Committee on Digital Administration will be responsible for channelling the application of mandatory report to the Directorate of information technologies and communications in accordance with article 16.2 of Royal Decree 806/2014, on September 19, with the exception of records that have been declared procurement centralized.

(b) support to the ICT units, when they require it, in the assessment of the alignment of your records with the digital transformation of the Department Action Plan, prior to the request for the report to address ICT.

(c) collaborate with the contracting authorities of the Department, including the General direction of rationalization and centralization of procurement, and with the direction of ICT and ICT the ICT strategy Commission, its Executive Committee and its working groups, when they are requested as well. This collaboration can be extended to all technical issues related with communications concerning both the information technologies.

Article 3. Affiliation, organization and composition.

1. the Commission, attached to the Secretariat of finance and public administration, may act in plenary and in the Standing Committee.

2 the right of the Commission shall consist of the following members: to) President: the head of the Department of finance and public administration, which may delegate to the Vice-Chair.

(b) Vice President: the head of the General inspection of the Ministry of finance and public administration.

(c) vocal: two representatives of the Secretariat and two representatives from each of the Secretaries of State of the Ministry, appointed by holders of these governing bodies, with the rank of Director General or equivalent.

The Presidency of the Commission may designate, in addition, and in a maximum number of two, the vowels that considers appropriate among the Directors-General of the Department.


The members may designate a substitute who shall have minimum category of Assistant Director-General or assimilated.

As a general rule, the plenary will meet once a year, celebrating the session in person.

3. the Secretary of the plenary of the Ministerial Commission will be assumed by the incumbent of the General Subdirectorate of information technologies and communications.

4 the heart of the Commission has assigned the following functions: to) know and, if appropriate, approve the annual report of activities of the Standing Committee.

(b) approve the strategic lines of action and priorities of the Department for the following year in the field of digital management and information technologies.

(c) agree on remission plan of action of the Department for digital transformation 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 communications, for the purposes of the mandatory report, in accordance with article 14.2 of the Royal Decree 806/2014 on September 19, you must issue the Executive Committee prior to approval.

(d) exercise directly, when you understand it, any other jurisdiction of the Ministerial Commission.

Article 4. Commission permanent.

There will be a Standing Committee, the delegate of the plenary, with their same powers, except the agreement of remission of the Action Plan of the Department for digital transformation to the Directorate of information technologies and communications and those that the plenary is reserved expressly.

Of mode particular, it Commission permanent approve them criteria for the elaboration of the Plan of action, on the base of them guidelines strategic and them criteria established by it address of technologies of the information and them communications, attending to it strategy ICT of it Administration General of the State and their organisms public, approved by the Council of Ministers.

The Standing Committee shall inform the plenary of the treated topics and their processing.

Article 5. Composition and functioning of the Standing Committee.

(1. the Commission permanent of Administration Digital of the Department will be constituted by the following members: to) President: the holder of the inspection General of the Ministry of Hacienda and administrations public, that in them cases of vacant, absence or disease may be replaced by the Vice President.

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

(c) vocal: the Commission permanent of Administration Digital of the Department will be constituted by them following members, that will be designated by them organs upper and managers of the Ministry of Hacienda and administrations public and of organisms public dependent of the Department and that, in attention to them functions attributed to the Commission and the role that this assumes in the impulse of the Administration digital in the Department they must include those responsible for the most relevant administrative activities of the Department, ensuring the necessary balance between functional areas and those responsible for ICT: 1 two representatives of the Ministry of finance, appointed by the holder of the superior court.

2. two representatives of the Secretariat of State budgets and expenses, appointed by the holder of the superior body.

3rd two representatives of the Ministry of public administration, appointed by the holder of the superior court.

4th a Inspector of those services, appointed by the holder of the inspection General of the Ministry of Hacienda and administrations public.

5 a representative of the General direction of rationalization and centralization of procurement on the proposal of the head of the governing body.

6 the holder of the unit of management of content on the network of the Secretariat General technical.

7th the holder of the General Subdirectorate of information, documentation and publications of the General technical secretariat.

8th a representative of the General direction of the heritage of the State on the proposal of the head of the governing body.

9th a representative of the General direction of budgets on the proposal of the holder of that organ.

10 a representative of the Agency State of Administration tax to proposal of the Director of the same.

11. º them representatives of the units TIC of the Department pertaining to the Committee of address ICT.

12th a representative of the Directorate of information technologies and communications on the proposal of the holder of that organ.

13.º a representative of the Fábrica Nacional de Moneda y Timbre - Real Casa de la Moneda (MINT) appointed on the proposal of the Director-General of the same.

They may attend, also the meetings of the Standing Committee, with voice but without vote, representatives of other bodies and agencies of the Ministry of finance and public administration.

The members of the Standing Committee must be organic level minimum of Assistant Director-General or assimilated and may appoint a substitute who shall have at least the category of Assistant Deputy or assimilated.

They may also attend permanently the same, with voice and vote, other officials whose cooperation is considered useful for the development of the work of the Commission, when so its President agreed. For committed specific and with character not permanent, them vocal may attend to the meetings of the Commission permanent accompanied of officials expert in them materials that have of treat is.

Will act as Secretary of the Commission permanent an official of the Subdirectorate General of technologies of the information and of the communications, with voice and without vote.

2. the Standing Committee may also act through technical presentations and working groups, as regulated in the present order.

3. as a general rule, the Standing Committee shall meet, at least, once a month and the sessions will be held in person. However, when permitted by the nature of the issues to be treated, virtual extraordinary meetings, on-line, understanding in that case approved the matters included in the agenda of the meeting if no observations are formulated in the period specified in the call, or if the comments are accepted, unanimously, by the members of the Standing Committee can be convened.

Article 6. Technical papers.

1. in the Permanent Committee technical papers whose function will be can create the support to the Commission in the exercise of their functions. Technical papers will be the composition that, in each case, determine the Permanent Commission.

En_particular will correspond to the technical papers raise the Standing Committee the draft report is requested, on the following aspects: to) carrying out the functions laid down in article 2.6 of this order and the monitoring of the adequacy of systems to national schemes of interoperability and security.

((b) the formulation of the reports on draft general provisions of particular relevance to the Department, which are mandatory in accordance with the provisions in article 2(3) d) of this order.

Article 7. Working groups.

1. for reasons of urgency or efficiency, the Standing Committee may act through specific, permanent working groups or not, designated in its bosom.

To this end, the Standing Committee, in the creation of each working group agreement, must approve the powers, standards of performance, composition and temporal validity of the same. The working groups will inform about their activities and decisions at the meetings of the Standing Committee.

The working groups will act under the higher direction of the Chairman of the Standing Committee.

2. with character permanent, is creates in the breast of the Commission of Administration Digital a «group of work of coordination and impulse of the Administration Digital in the Ministry of Hacienda and administrations public» (GTCIAD in it successive).

The GTCIAD will work with the Standing Committee on 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 policy of communication via the internet, electronic offices and the Department intranet portals and many others is entrusted.

The GTCIAD will be composed by a President, appointed by the President of the plenary on the proposal of the Standing Committee, and officials with the level of Assistant Director General, Deputy Director General or equivalent, belonging or not to the Standing Committee, designated in accordance with the following distribution: two by the holder of the Ministry of finance, two by the holder of the Secretary of State for budgets and expenditure two by the holder of the Ministry of public administrations, two by the head of the Department of finance and public administration and two by the holder of the General direction of the State tax administration agency. Also the owner of the content management unit will be part of this working group in the General technical secretariat network and other members appointed by the Permanent Committee on Digital Administration, on the proposal of its President may join the GTCIAD.


He program annual of work of the GTCIAD will be approved by the Presidency of the Commission Ministerial of Administration Digital to proposal of the Commission permanent.

3. on an ongoing basis, a «web environments of the Department publishing coordination working group» is created in the Digital Administration Committee (hereinafter GTCEW).

(He GTCEW will collaborate with the Commission permanent in them issues that this you entrusted and, of form particular, in the development of them functions to is refers the article 2.4. i) of the present order and in the coordination of the political general of communication through them portals of internet, headquarters electronic e intranets of the Department.

In particular, the GTCEW will coordinate the promotion and performance of the Department on social networks, in accordance with the decisions of the Standing Committee of Digital Administration and approaches on this issue of the communication of the Cabinet of the Minister of finance and public administration responsible for.

The GTCEW will be presided over by the owner of the content management unit in the network of the technical General Secretariat, and will be integrated into the same Deputy Director General of information, documentation and publications of the Ministry, which will act as Secretary, the Deputy Director General of the information technology and the communications of the Secretariat and a representative with Deputy Director-General category or assimilated from the following centres : office of the Minister of finance and public administration, Ministry of finance, Secretary of State budgets and expenses, Ministry of public administrations, state tax administration and Inspection Agency. May incorporate is to the GTCEW other members designated by the Commission permanent of Administration Digital, to proposal of its President.

When is of interest, the President can convene to the meetings, with voice and without vote, to others officials experts or responsible of them matters to treat in them same.

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

Article 8. Relations with bodies and agencies.

1. within the framework of its mandated functions, the Ministerial Committee on Digital Administration may request the organs and agencies of the Department that extends its sphere of competence, within the framework in legally established, all data and reports necessary for the fulfilment of their purposes 2. For the purposes of a proper communication and relationship, the various bodies above and managers, as well as the public agencies attached to the Department shall appoint an interlocutor with the following functions: to) collaborate in the work of the Committee in accordance with what is established in this order.

(b) cooperate with the Commission for the coordination of information relating to the inventory of computer equipment of the Department.

(c) develop and promote measures considered appropriate in order to achieve greater efficiency and profitability of processing of the information and communications systems.

(d) keep the information collaboration referred to in number 1 of the present article.

3. the Ministerial Committee on Digital Administration will keep permanently informed the various organs, agencies and public bodies of the Department concerning the matters referred to in its tasks, in accordance with the policy of information that establish its Permanent Commission to the effect. The information will be handled through the ministerial intranet or, where this is not possible, through remaining Department intranets or alternative media that are established to the effect.

First additional provision. Modification of references.

All references made to the electronic administration of the Ministry of finance and public administration Ministerial Committee and its Standing Committee, shall be made to the Digital management of the Ministry of finance and public administration Ministerial Committee and its Standing Committee, respectively.

Second additional provision. Scope of application.

Provisions of this order is understood without prejudice to the competences that correspond to the Agencia Estatal de Administración Tributaria, so just order applies to the State tax administration agency insofar as it is compatible with their specific regulations.

Third additional provision. Applicable regulations.

Without prejudice of them peculiarities planned in the present order, the Commission Ministerial of Administration Digital is governed by it established in matter of organs collegiate in the chapter II of the title II of the law 30 / 1992, of 26 of November, of regime legal of the administrations public and of the procedure administrative common.

Fourth additional provision. Absence of increase in spending.

The creation of the Commission to is refers this order not will mean increase of the expenditure, being attended with them media personal, technical and budget of the Undersecretary of Hacienda and administrations public and by them bodies with representation in the same.

Sole transitional provision. Procurement records initiated previously.

Initiates dossiers and contracts awarded prior to January 1, 2015, the date on which there has been the entry into force of the Royal Decree 806/2014, on September 19, will be governed, until their conclusion, by the order HAP/847/2012 of 25 April. 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.

Is repealed it order HAP / 847 / 2012, of 25 of April, by which is created the Commission Ministerial of Administration electronic of the Ministry of Hacienda and administrations public and is regulated its composition and functions, and the provisions of equal or lower range in what is opposed to the present order.

First final provision. Operating instructions.

By the Undersecretary of the Department may dictate the instructions for operation of the Standing Committee.

Second final provision. Entry in force.

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

Madrid, 13 March 2015.-the Minister of finance and public administration, Cristóbal Montoro Romero.