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.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2012-7807

Royal Decree 589/2005, of May 20, which is restructuring the collegiate bodies responsible for eGovernment, determines in its article 8 the regulation of electronic administration ministerial committees.

Moreover, the entry in force of the Real Decree 1887 / 2011, of 30 of December, by which is sets it structure organic basic of them departments ministerial and of the Real Decree 199 / 2012, of 23 of January, by which is develops it structure organic basic of the Ministry of the Presidency, makes necessary it fitness of it Commission Ministerial of Administration electronic of the Ministry of the Presidency regulated in its composition and functions by order PRE/663/2011, March 23 by regulating the Ministerial Committee on electronic administration of the Ministry of the Presidency.

By virtue and in exercise of the powers conferred by article 12 of law 6/1997, of 14 April, organization and functioning of the General Administration of the State, I have: article 1. Object.

1. the present order regulates the Ministerial Committee on Administration electronic of the Ministry of the Presidency, which is configured as a collegial body responsible for the internal coordination of the policy of the Department in terms of eGovernment and information and communications technologies, as well as organ of liaison and collaboration with the Consejo Superior de e-Government and its specialized committees.

2. the Commission Ministerial of Administration electronic of the Ministry of the Presidency is ascribes to the Undersecretary of the Department and its field of action will cover all them organs of the Ministry, and organisms autonomous attached to the same. The support to the Commission will fall in the Subdirectorate General of technologies and services of information.

Article 2. Composition.

1. the Ministerial Committee on electronic administration of the Ministry of the Presidency acts in plenary sitting and Standing Committee.

(2. the full will have the following composition: to) Presidency: the person holder of the Undersecretary of the Ministry of the Presidency.

(b) Vice President: the head of the technical Office of the Undersecretary of the Ministry of the Presidency.

(c) members: the person holder of the Subdirectorate General of technologies and services of information of the Ministry of the Presidency.

The titular person of the Department of Informatics of the Secretary General of the Presidency of the Government.

Will also act as vowels a person with organic level of Deputy Director general or assimilated on behalf of each of the bodies listed below: Secretary of State for relations with the courts.

Secretary of State for communication.

Council of administration of the heritage national.

Centre for political and constitutional studies.

Centro de Investigaciones sociológicas.

Department of infrastructure and tracking for situations of Crisis.

National Intelligence Center.

(d) secretariat: an official of the General Sub-Directorate of technologies and information services of level 29 or 30, which will have voice but no vote and whose appointment shall be the Chair of the plenary on the proposal of the above-mentioned Subdirectorate.

(e) the Commission may convene, depending on the nature and relevance of the issues to be discussed, representatives of State agencies attached to the Department, as well as experts in such matters, all of which will attend with voice but without vote.

(Them vocal mentioned in the last paragraph of the letter c) will be designated by the Undersecretary of the Department, to proposed of them people holders of the corresponding organs and agencies. For each vowel and the same procedure, will be appointed a substitute Committee, which must be an official belonging to the A1 subgroup.

3 the Permanent Commission will have the following composition: a) Presidency: the head of the Cabinet technical of the Undersecretary of the Ministry of the Presidency.

(b) Vice President: the titular person of the General Sub-Directorate of technologies and services of information of the Ministry of the Presidency.

(c) members: the titular person of the Department of Informatics of the Secretary General of the Presidency of the Government.

A person with organic level of Deputy Director general or assimilated on behalf of each of the bodies listed below: Secretary of State for relations with the courts.

Secretary of State for communication.

Board of Directors of the national heritage.

Centre for political and constitutional studies.

Centro de Investigaciones sociológicas.

Department of infrastructure and follow-up for Crisis situations.

National Intelligence Center.

(d) secretariat: the same as that of the plenary.

Members may attend the meetings of the Standing Committee accompanied by officials expert in the subjects that are to be dealt with, on the proposal of its governing body, that will act as advisors with voice but without vote.

Article 3. Functions of the heart and of the Commission permanent.

(1. the full of the Commission Ministerial of Administration electronic of the Ministry of the Presidency will have them following functions: to) agree it lifting of the Plan strategic of the Department in matter of technologies of the information and of them communications and of Administration electronic, starting from them proposed of them different organs and agencies autonomous affected, and raise it, through its President (, for its report by the plenary of the Superior Council of eGovernment, as laid down in article 4.1. b) of Royal Decree 589/2005 of 20 May.

b) Watch, in the area of the Department, the guidelines and monitoring of the guidelines agreed by the plenary of the Superior Council of electronic administration.

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

2 the Permanent Commission shall have the following functions: a) process and send to the Permanent Committee of the Superior Council of electronic memory and the specifications of the technical requirements of the records subject to mandatory technical report as provided for in paragraph 1.a), b), c) of article 10 of the Royal Decree 589/2005, May 20.

(b) issue, in relation to them records of recruitment in matter of technologies of the information, them following reports: 1 the report technical of the memory and them spreads of clauses administrative and of prescriptions technical, as well as of them reports and documentation technical required of them cited contracts that not are subject to the report prescriptive of the Commission permanent of the Council top of Administration electronic.

2nd the report technical of the memory of them contracts of acquisition centralized of goods and services in matter of technologies of information made to the amparo of the Real Decree legislative 3 / 2011, from 14 of November, by which is approves the text consolidated of the law of contracts of the Sector public.

3rd the report technical of the memory and them spreads of clauses administrative and of requirements technical of them contracts of services of maintenance, conservation, repair and update of equipment physical and logical that have been provided in the corresponding Plan strategic departmental informed by the full of the Council Superior of Administration electronic.

The Permanent Commission of the Ministerial Commission of electronic administration of the Ministry of the Presidency may establish criteria, related to the budget of the contract or any feature thereof, under which certain records of recruitment can be informed directly by presentation technique, then realizing the aforementioned Standing Committee the next time that this meets.

(c) drawing up the Strategic Plan of the Department of technologies of information and communications and e-Government, from the proposals of the various bodies and autonomous bodies affected.

(d) to coordinate the collection, aggregation and incorporation of the information required by the Observatory of the electronic administration, following the procedures for this are defined by the Permanent Commission of the Higher Council of eGovernment, and ensure the accuracy and completeness of the data corresponding to the Department.

(e) inform the draft provisions of general character, agreements, collaboration agreements, instructions and circulars of the Department that affect information systems or affect the area of competence of the Commission. Those projects referenced must respond to needs and initiatives referred to in them plans strategic and Director of the Department.

(f) promote and approve the memory annual of performances of the Department in matters of technologies of the information and of the communications and of Administration electronic.

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

(h) any matter that you be delegated expressly by the full.

Article 4. Calls.

The Commission is shall constitute validly, in first call, when are present them people that occupy the Presidency and the Secretariat or, in his case, who them replace, and it half, unless, of their members. In second call, is sufficient attendance by people occupying the Presidency and the Secretariat, or in his case, those who replace them, and the three vowels.


In case of absence, vacancy or illness or other legal cause, of the person who occupies the Presidency, the person holding the Vice President will preside over the Commission.

Article 5. Technical paper.

1. in the breast of the Commission there will be a presentation technical to which will correspond the prior study technical of all those Affairs of the competition of the Commission.

(The paper technical will be integrated by the following members: to) Presidency: the person holder of the Subdirectorate General of technologies and services of information.

(b) Vice President: Un official of level 29 or 30 belonging to the Subdirectorate General of technologies and services of information.

(c) members: two vowels holders of the Commission appointed by the plenary and the titular member of the Commission representative of the governing body or the public body responsible for the matter in question.

(d) secretariat: the Permanent Commission.

(2. the technical report referred to in article 3.2. b) 1 may be issued by a presentation technique in the case of minor contracts defined by Royal Decree 3/2011, of 14 November, which approves the revised text of the law of contracts from the Public Sector or of goods and services acquisition centralized amounting to less than that established by the Act for contracts subject to harmonised regulation. The Presidency of the paper will inform, in the following meeting of the Commission permanent, of all them Affairs approved by this paper.

Article 6. Request for information.

The Ministerial Committee on Administration electronic of the Ministry of the Presidency, for the exercise of their functions, be sought much information deemed accurate of all agencies and departments in the Ministry, which will be obliged to provide it, in accordance with the legislation in force.

Article 7. Operation.

The operation of the Commission not will mean increase any of the expenditure public and will be attended with them media materials and of personal existing in the Ministry of the Presidency.

In matters not provided in this order, the Commission of eGovernment is set, with regard to its functioning, the provisions of chapter II of title II of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

First additional provision. Instructions for execution.

The Undersecretary of the Department may issue the necessary instructions for the best performance of this order.

Provision additional second. Regime of the National Intelligence Center.

Pursuant to article 5(1) of the law 11/2002, 6 may, regulating the National Intelligence Center, as provided in article 3 of this ministerial order will not result of application to the National Intelligence Centre when acting in the exercise of their functions in the field of telecommunications and information technologies.

Repealing provision.

Are repealed few provisions of equal or lower range is opposed to it established in the present order, and in particular, the order Ministerial PRE / 663 / 2011, of 23 of March, by which is regulates the Commission Ministerial of Administration electronic of the Ministry of the Presidency.

Available end only. Entry in force.

The present order will enter in force the day following to the of your publication in the «Bulletin official of the State».

Madrid, 7 June 2012.-the Vice-President of the Government and Minister of the Presidency, Soraya Sáenz de Santamaría Antón.