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Order Pre/1238/2012, Of 7 June, Which Regulates The Ministerial Committee On Electronic Administration Of The Ministry Of The Presidency.

Original Language Title: Orden PRE/1238/2012, de 7 de junio, por la que se regula la Comisión Ministerial de Administración Electrónica del Ministerio de la Presidencia.

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TEXT

Royal Decree 589/2005, of 20 May, for which the collegiate bodies responsible for the Electronic Administration are restructured, determines in Article 8 the regulation of the Ministerial Commissions of Administration Electronics.

On the other hand, the entry into force of Royal Decree 1887/2011, of 30 December, establishing the basic organic structure of the ministerial departments and of the Royal Decree 199/2012, of 23 January, for which the develops the basic organic structure of the Ministry of the Presidency, makes it necessary to adapt the Ministerial Commission of Electronic Administration of the Ministry of the Presidency, regulated in its composition and functions by Order PRE/663/2011 of 23 March 2011 regulating the Ministerial Committee on Electronic Administration of the Ministry of the Presidency.

In its virtue, and in the use of the powers conferred by article 12 of Law 6/1997, of 14 April, of Organization and Functioning of the General Administration of the State, I have:

Article 1. Object.

1. This Order regulates the Ministerial Commission of Electronic Administration of the Ministry of the Presidency, which is set up as a collegiate body responsible for the internal coordination of the policy of the Department in the field of information and communications and electronic administration, as well as liaison and collaboration with the Higher Council of Electronic Management and its Specialized Commissions.

2. The Ministry of the Presidency's Ministry of Electronic Administration is attached to the Department's Secretariat and its scope of action will cover all the organs of the Ministry, and Autonomous Bodies attached to it. Support for the Commission will be given to the General Information Technology and Services Subdirectorate.

Article 2. Composition.

1. The Ministerial Committee on Electronic Administration of the Ministry of the Presidency acts in plenary and in the Standing Committee.

2. The plenary session will have the following composition:

(a) Presidency: The holder of the Secretariat of the Ministry of the Presidency.

b) Vice-Presidency: The head of the Technical Cabinet of the Secretariat of the Ministry of the Presidency.

c) Vocalias:

The holder of the General Secretariat for Information Technology and Services of the Ministry of the Presidency.

The head of the Computer Subdirectorate of the General Secretariat of the Presidency of the Government.

A person with an organic level of deputy director-general or assimilated to represent each of the following organs shall also act as a voice:

Secretary of State for Relations with the Courts.

Secretary of State for Communication.

National Heritage Management Board.

Center for Political and Constitutional Studies.

Center for Sociological Research.

Infrastructure and Tracking Department for Crisis Situations.

National Intelligence Center.

(d) Secretariat: An official of the General Subdirectorate of Information Technologies and Services of Level 29 or 30, who will have a voice but no vote and whose appointment will be held by the Presidency of the Plenary on the proposal of the aforementioned Subdirection.

e) The Commission may convene, depending on the nature and relevance of the matters to be addressed, representatives of the State Agencies attached to the Department, as well as experts on such matters, all of whom will attend with voice but no vote.

The Vowels referred to in the last paragraph of point (c) shall be appointed by the Secretariat of the Department, on the proposal of the persons holding the corresponding organs and bodies. For each vowel and for the same procedure, an alternate member shall be appointed, who shall be an official belonging to Subgroup A1.

3. The Standing Committee shall have the following composition:

(a) Presidency: The head of the Technical Cabinet of the Undersecretary of the Ministry of the Presidency.

b) Vice-Presidency: The person holding the General Secretariat for Information Technology and Services of the Ministry of the Presidency.

c) Vocalias:

The head of the Computer Subdirectorate of the General Secretariat of the Presidency of the Government.

A person with an organic level of deputy general manager or assimilated to each of the following organs listed:

Secretary of State for Relations with the Courts.

Secretary of State for Communication.

National Heritage Management Board.

Center for Political and Constitutional Studies.

Center for Sociological Research.

Infrastructure and Tracking Department for Crisis Situations.

National Intelligence Center.

d) Secretariat: the same as the plenary session.

Vowels will be able to attend meetings of the Permanent Commission accompanied by experts in the subjects to be dealt with, on a proposal from their board of directors, who will act as advisors with a voice but without a vote.

Article 3. Functions of the plenary and of the Standing Committee.

1. The plenary session of the Ministerial Committee on Electronic Administration of the Ministry of the Presidency will have the following functions:

a) Agreed to the elevation of the Strategic Plan of the Department in the field of information and communications technologies and electronic administration, based on the proposals of the various bodies and agencies (a) to be affected, and to raise it, through its President, for its report by the Full Council of Electronic Management Board, in accordance with the provisions of Article 4.1.b of Royal Decree 589/2005 of 20 May 2005.

b) To monitor, at the Department's level, compliance with the guidelines and follow up the guidelines for action agreed by the Board of Governors of the Board of Governors.

c) Any other function assigned to it by applicable regulations.

2. The Standing Committee shall have the following functions:

(a) To process and to send to the Standing Committee of the Board of Governors the memory and the specifications of the technical requirements of the files subject to technical report, as provided for in the Article 10 (1) (a), (b) and (c) of Royal Decree 589/2005, 20 May.

(b) To issue, in relation to the procurement files in the field of information technology, the following reports:

1. The technical report of the memory and the documents of administrative clauses and technical prescriptions, as well as of the necessary technical reports and documentation of those contracts that are not subject to the report Mandatory of the Standing Committee of the Board of Directors.

2. The technical report of the memory of the contracts for the centralized acquisition of goods and services in the field of information technologies carried out under the Royal Legislative Decree 3/2011, of 14 November, for which the recast text of the Law on Public Sector Contracts is approved.

3. The technical report of the memory and the specifications of administrative clauses and technical requirements of the contracts of maintenance, preservation, repair and updating of physical and logical equipment has been provided for in the relevant Departmental Strategic Plan reported by the Full Board of the Electronic Management Board.

The Permanent Commission of the Ministry of the Presidency's Ministry of Electronic Administration may establish criteria, relating to the budget of the contract or any characteristic thereof, under the terms of the (a) which certain procurement files may be directly informed by the Technical Ponance, subsequently giving notice to the Standing Committee on the following occasion on which it meets.

c) Develop the Strategic Plan of the Department in the field of information and communications technologies and electronic administration, based on the proposals of the various autonomous bodies and bodies affected.

d) Coordinate the collection, aggregation and incorporation of the information required by the Observatory of the Electronic Administration, following the procedures that are defined by the Permanent Commission of the Council Superior of Electronic Administration, and ensure the accuracy and completeness of the data pertaining to the Department.

e) Report the projects of general provisions, conventions, collaboration agreements, instructions and circulars of the Department that have an impact on the information systems or affect the competence of the Commission. The projects referenced must respond to the needs and initiatives envisaged in the Strategic Plans and Director of the Department.

f) Promote and approve the Department's Annual Report on Information and Communication Technologies and Electronic Administration.

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

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

Article 4. Calls.

The Commission shall be validly constituted, on first call, when the persons holding the Presidency and the Secretariat or, where appropriate, those who replace them, and half, at least, of its members, are present. On the second call, the assistance of the persons holding the Presidency and the Secretariat, or, where appropriate, those who replace them, and that of three vowels, shall be sufficient.

In case of absence, vacancy or disease or other legal cause, of the person holding the Presidency, the Commission shall preside over the person holding the Vice-Presidency.

Article 5. Technical paper.

1. In the Commission there will be a technical paper which will be the subject of the prior technical study of all those matters within the competence of the Commission.

The technical paper will be composed of the following members:

(a) Presidency: The holder of the General Subdirectorate of Technologies and Information Services.

b) Vice-Presidency: A level 29 or 30 official belonging to the General Subdirectorate of Technologies and Information Services.

(c) Vocals: Two Commission members appointed by the plenary and the head of the Commission representing the management body or the public body responsible for the matter in question.

d) Secretariat: that of the Standing Committee.

2. The technical report referred to in Article 3.2.b) 1. may be issued by a technical paper in the case of minor contracts as defined by the Royal Legislative Decree 3/2011 of 14 November, approving the recast text of the Law of Public Sector Contracts or of centralised procurement goods and services in the amount of less than that established by the aforementioned Law for contracts subject to harmonised regulation. The Chair of the Chair will report, at the next meeting of the Standing Committee, on all matters approved by the Chair.

Article 6. Request for information.

The Ministry of the Presidency's Ministry of Electronic Administration, for the exercise of its functions, may collect as much information as it deems accurate from all the agencies and units of the Ministry, which will be required to facilitate it, in accordance with existing legislation.

Article 7. Operation.

The functioning of the Commission will not entail any increase in public expenditure and will be addressed with the existing material and personnel resources in the Ministry of the Presidency.

As not provided for in this Order, the Commission of Electronic Administration shall, as regards its operation, comply with the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992 on Legal Conditions of the Public Administrations and the Common Administrative Procedure.

Additional disposition first. Execution instructions.

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

Additional provision second. Regime of the National Intelligence Center.

According to the provisions of article 5.1 of Law 11/2002, of May 6, the regulator of the National Intelligence Center, the provisions of Article 3 of this ministerial order will not be applicable to the National Center. (a) Intelligence when acting in the exercise of its functions in the field of information and telecommunications technologies.

Repeal provision.

As many provisions of equal or lower rank are repealed as set out in this Order, and in particular, the Ministerial Order PRE/663/2011 of 23 March, which is regulated by the Ministerial Commission of Electronic Administration of the Ministry of the Presidency.

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, June 7, 2012. -Government Vice President and Minister of the Presidency Soraya Saenz de Santamaria Anton.