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Order Hap/847/2012, April 25, Which Creates The Electronic Administration Of The Ministry Of Finance And Public Administration Ministerial Committee And Regulates Its Composition And Functions.

Original Language Title: Orden HAP/847/2012, de 25 de abril, por la que se crea la Comisión Ministerial de Administración Electrónica del Ministerio de Hacienda y Administraciones Públicas y se regula su composición y funciones.

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TEXT

The approval of Royal Decree 589/2005 of 20 May, which restructured the collegiate bodies responsible for the electronic administration, resulted in the modification of the denomination and functions of the collegiate bodies. In this field, the Ministry of Public Administration, in place of the Ministry of Electronic Administration, will replace the Ministry of Information Technology in any of its denominations, as the instruments for internal coordination. of each department in the field of information and administration technologies electronic. In compliance with this Royal Decree, Order EHA/3507/2006 was issued, dated November 8, which regulated the composition and functions of the Ministry of Economy and Finance and Order TAP/594/2011, of the Ministry of Economy and Finance. March, for which the Ministerial Committee on Electronic Administration of the Ministry of Territorial Policy and Public Administration was established and its composition and functions were regulated.

The Royal Decree 1823/2011, of 21 December, which restructured the ministerial departments, comes to the creation of the Ministry of Finance and Public Administrations, whose basic organic structure was established by Royal Decree 1887/2011 of 30 December 2011, which has been developed by Royal Decree 256/2012 of 27 January 2011. Consequently, the configuration of this new ministerial department requires the regulation in the same of the Ministerial Commission of Electronic Administration, according to the forecasts of the cited Royal Decree 589/2005, of May 20.

Therefore, in accordance with the provisions of Article 40.2 of Law 6/1997 of 14 April, of the Organization and the Functioning of the General Administration of the State, by means of this Ministerial Order the creation of the Ministerial Committee on Electronic 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 Ministerial Committee of Electronic Administration of the Ministry of Finance and Public Administrations, whose composition and functions are governed by this Order, is the collegiate body responsible for the coordination of the department in the field. of information and electronic administration technologies.

2. The Ministerial Commission of Electronic Administration is the liaison body with the Superior Council of Electronic Administration, its Permanent Commission and its working groups, referred to by Royal Decree 589/2005 of 20 May, by which the collective bodies responsible for electronic administration are restructured.

3. The scope of the action of the Ministerial Commission of Electronic Administration will be extended to that provided for in article 2 of the Royal Decree 589/2005, of May 20, that is, to the various organs of the department and to the Autonomous Bodies attached to the same.

The State Tax Administration Agency shall collaborate with the Ministerial Committee on Electronic Administration in the terms provided for in the second provision of this Order.

The Commission shall inform the Business Entities and other public entities attached to the Ministry of Finance and Public Administrations in relation to the policies and activities of the Ministry of Finance.

Article 2. Functions.

1. The Ministerial Commission of Electronic Administration shall carry out the tasks referred to in Article 8 of Royal Decree 589/2005 of 20 May 2005, for the restructuring of the collegiate bodies responsible for electronic administration, and how many others attribute the current regulations to you. In any event, the functions of the Ministerial Committee shall be as set out in the following paragraphs.

2. Departmental coordination functions in the field of information technology and electronic administration:

(a) Develop the project of the strategic plan of the department in the field of information and electronic administration, based on the proposals of the various public bodies and bodies concerned, and raise it, through its president, for its report by the Full Council of Electronic Management, in accordance with Article 4.1.b) of Royal Decree 589/2005 of 20 May, with a view 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 plans for investment in electronic information and administration technologies, with the specification of the specific projects to which they relate and their degree of implementation.

3. The forecasts for replacement and replacement expenses when they exceed the limits established by the Standing Committee.

The Electronic Administration Commission, through its Standing Committee, will approve the criteria for the elaboration of the strategic plan.

b) Coordinate actions aimed at establishing strategic lines and technical criteria of common interest in the field of information technology and electronic administration. 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) information technology and electronic administration, without prejudice to specific positions corresponding to the representatives of centres or bodies in matters directly related to the competences which have determined their membership of the such commissions or working groups.

c) To study technological standardization and its implementation in order to ensure the compatibility of the systems and the exchange of data, coordinating plans and actions aimed at the effective application of the standards develop the National Interoperability Scheme.

d) Coordinate information on the inventory of resources in information technology and electronic management of the department, in accordance with the guidelines of the Higher Council of Electronic Management.

e) To press the application in the department of the rules on information security, in particular the dimanants of the National Security Scheme and the regulations on the protection of personal data. The Commission may agree on common, optional or mandatory criteria in relation to the use of electronic mail, access to the Internet, access to social networks, as well as the procedures for monitoring such access, the guarantees and audit of such controls.

3. Relationship and coordination functions with the Superior Council of Electronic Management:

a) To study and submit to the Superior Council of Electronic Administration the proposals of the department of projects of priority interest according to the provisions of article 4.1.d) of the Royal Decree 589/2005, of 20 of May.

b) To press, in the field of the department, the implementation of the guidelines and the follow-up of the guidelines of action agreed by the plenary of the Superior Council of Electronic Administration.

c) 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 for the department.

(d) to report to the Board of Directors of the Higher Administrative Board, on a proposal from the department's management centres, the preliminary draft laws and draft general provisions referred to in Article 4.1.c) of the Royal Decree 589/2005 of 20 May.

e) To process and to raise to the Standing Committee of the Superior Council of Electronic Administration, for its report, the files subject to preceptively report of the same according to the provisions of article 10.3.a) of the Royal Decree 589/2005, dated May 20.

f) To promote and coordinate the implementation, within the department, of how many measures the Superior Council of Electronic Administration adopts on recommendations and best practices in the acquisition and use of the computer.

g) To promote the application of the technical coordination criteria approved by the Superior Council of Electronic Administration to the Ministry of Finance and Public Administration in accordance with the provisions of the article 6.1 of Royal Decree 1495/2011 of 24 October 2011 implementing Law 37/2007 of 16 November on the re-use of public sector information for the State public sector.

4. Electronic administration impulse functions:

(a) Develop and follow up, in agreement with the affected bodies and bodies, of the plans for the promotion of e-government in the Ministry of Finance and Public Administrations.

b) Promote the coordination of the department's actions with those contained in the plans for electronic administration approved by the Government and with those of a supranational area whose implementation is mandatory for the General Administration of the State.

c) Inordinately inform the draft general provisions proposed by other departments in the field of electronic administration, as well as the questions on the same subject subject to the consideration of the Council Top of Electronic Administration.

d) Make recommendations regarding technology or standards to be used in the development of electronic administration.

e) Promoting actions aimed at removing obstacles, providing support tools, and arbitrating shared solutions, in order to facilitate the development of e-government in the Ministry of Finance and Public Administrations.

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) To conduct studies in the field of electronic administration that are estimated to be accurate and, in particular, those relating to the financing processes 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 electronic 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 the electronic administration in the department, promoting the services offered through the internet and intranet, without prejudice to the functions attributed to the bodies responsible for the management and management of these instruments.

5. Functions of advice in the field of information technology and electronic administration:

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

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

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) Issue the reports which, in relation to the information technology procurement files referred to in Article 10 of Royal Decree 589/2005 of 20 May 2005, are listed in Article 6 of the Order.

(b) In addition, the Ministerial Committee on Electronic Management shall issue a precept of its technical report in relation to the proposals for amendment, resolution and extension of supply contracts, services, and of consulting and assistance in the field of information technologies.

c) To collaborate technically with the Purchasing Boards or, where appropriate, the Department of Contracting of the department, and with the Superior Council of Electronic Administration and its working groups in the terms established in the Royal Decree 589/2005 of 20 May. 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: The head of the Directorate-General of the State Heritage, the Director of the Department of Territorial Services and Coordination and two representatives of each of the Ministry's Secretaries of State, appointed by the holders of those higher bodies, with a rank of Director General or equivalent.

The President of the Commission may also designate, and in a maximum number of two, the Vocals that he sees fit among the Directors-General of the department.

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

3. He shall act as the Secretary of the Plenary Session of the Ministerial Commission, with a voice and without a vote, the official with the level of Deputy Director General or equivalent appointed by the President of the Commission.

4. The full Commission shall meet at least once a year for the following purposes:

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 electronic administration.

c) Agreed to the elevation of the department's strategic plan in the field of information and electronic management technologies for its report by the Superior Council of Electronic Administration, in accordance with the provisions of the Article 4 (1) (b) of Royal Decree 589/2005 of 20 May 2005. In each case, the Commission's plenary session shall determine the period for which the department's successive strategic plans shall be extended, with the minimum limitation laid down in Article 9.2 of the said Royal Decree.

d) to exercise directly, when necessary, any other competence of the Ministerial Commission.

Article 4. Standing Committee.

1. There shall be a Standing Committee, delegated to the plenary, with its own powers, with the exception of those in agreement to raise the department's strategic plan for information and electronic management technologies to the Council's report. Superior of the Electronic Administration, and those that the Plenary is expressly reserved.

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 Standing Committee on Electronic Administration of the department shall be composed of the following members:

(a) President: The holder of the General Inspection of the Ministry of Finance and Public Administrations.

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

c) Vocals:

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. º The holder of the General Secretariat of Purchasing of the General Directorate of the State Heritage.

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.

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.

In addition, representatives of the proposing executive centres of the contracting files included on the agenda of the session will attend the sessions of the Permanent Commission, with a voice but no vote. corresponding. Other officials whose cooperation is deemed useful for the development of the work of the Commission may also be present on a permanent basis, with a voice and without a vote, at the same time as the President of the Commission so agrees. 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 recruitment 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.

Article 6. Technical recruitment papers.

1. Technical papers shall 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 be composed of the representative of the body or body which will process the dossier and the Vice-President and the Secretary of the Standing Committee. The President may, on a temporary or permanent basis, agree on the assignment to the technical papers of other Members of the Commission.

In particular, it will be up to the technical papers to raise to the Standing Committee the proposal for a report referred to in Article 2.6.a) and b) of this Order, on the following aspects:

(a) The compatibility of the procurement information systems and systems with respect to the strategic lines and technical criteria of common interest to be established in accordance with Article 2.2.c of this Order, with special attention to their compliance with the requirements of the National Interoperability Scheme.

(b) The memory and specifications of the technical requirements of the contracts of goods and services of information technologies to be processed and sent for a mandatory report of the Standing Committee of the Council of Higher Education Electronic administration in accordance with Article 10.1 and 2 of Royal Decree 589/2005 of 20 May

(c) The memory and specifications of technical prescriptions for the contracts of information technology goods and services that are not subject to the provisions of Article 10 of Royal Decree 589/2005 of 20 May 2005. Report of the Standing Committee of the Board of Governors of the Board of Directors.

(d) The memory and specifications of technical requirements for maintenance, preservation, repair and updating of physical and logical equipment that have been provided for in the relevant strategic plan departmental and this has been informed by the full board of the Board of Directors of Electronic Management, as referred to in Article 10.3.d) of Royal Decree 589/2005, of 20 May.

e) The memory of contracts for the centralised acquisition of goods and services in the field of information technology, as provided for in Article 10.3.c of Royal Decree 589/2005 of 20 May 2005.

f) The issuance of pre-award reports for supply, service, consulting, and assistance contracts in information technology subjects.

g) Cases of disposal, disposal, temporary disposal of free use, donation and permuse of equipment of information technologies that are foreseen to be carried out in accordance with the provisions of Law 33/2003, of 3 November, of Public Administrations.

2. In the minor contracts defined in Article 138.3 of the recast text of the Law on Public Sector Contracts, approved by the Royal Legislative Decree 3/2011 of 14 November, and in the procurement of goods and services A technical report shall be issued directly by a technical paper with the composition referred to in paragraph 1 of this Article. The Chair of the Chair will report, at the next meeting of the Standing Committee, on all issues approved by the paper.

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 "Working Group on the Coordination and Momentum of the Electronic Administration in the Ministry of Finance and Public Administration" (GTCIAE) is hereby established within the Committee of Electronic Administration.

The GTCIAE will collaborate with the Permanent Commission in the development of the functions referred to in Article 2.4 of this Order and in how many others it entrusts it.

The GTCIAE will be composed of a president, appointed by the president of the plenary on a proposal of the Permanent Commission, 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 Administration may be incorporated into the GTCIAE. Electronic, on a proposal from its president.

The annual work programme of the GTCIAE will be approved by the Chair of the Ministerial Committee on Electronic Management on a proposal from the Standing Committee.

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

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 of the Standing Committee on Electronic Management 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 Electronic 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 Committee on Electronic Management 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 Ministerial Committee on Electronic Administration may request the bodies and bodies of the department to which its field of competence extends, within the framework of the legal 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 Autonomous Bodies of the department, shall appoint an interlocutor 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 Ministerial Committee of Electronic Administration 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 Ministry of Economy and Finance's (Ministry of Economic and Finance) Ministerial Committee of Electronic Administration and the Ministry of Territorial Policy The Public Administration and its Permanent Commissions shall be understood as being carried out by the Ministry of Finance and Public Administrations and its Permanent Commission, respectively.

Additional provision second. Scope of application.

1. The powers laid down in this Order are without prejudice to the provisions of the Order of 26 February 1996, which confer jurisdiction on the State Administration of Tax Administration for the acquisition of equipment and systems. for the processing of information.

The State Tax Administration Agency shall collaborate with the Ministerial Committee on Electronic Administration by full participation in the working groups referred to in Article 7.2 and 3 of this Order.

Additional provision third. Applicable rules.

Without prejudice to the peculiarities provided for in this Order, the Ministerial Commission of Electronic Administration shall be governed by the provisions of the matter of bodies governed by Chapter II of Title II of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Additional provision fourth. Information security policy in the field of the Electronic Administration at the Secretariat of State of Public Administration.

Without prejudice to the issues that are generally regulated for the Ministry of Finance and Public Administrations and in so far as it does not object to the exercise of its powers in the area of security of information by the The Ministerial Committee on Electronic Administration, which is hereby established by this Order, will be applicable to the Secretariat of State of Public Administrations as provided for in Order TAP/3148/2011 of 7 October, approving the policy of security of information in the field of the Electronic Administration in the Ministry of Territorial Policy and Public Administration.

However, the working group regulated in Article 5 will become dependent on the Directorate-General for Administrative Modernization, Procedures and Impulse of the Electronic Administration and will have the composition that agree to the Secretary of State for Public Administrations.

Additional provision fifth. 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 procurement files which have been informed in any of their phases by the deleted Commissions referred to in the first provision shall be informed in the successive stages by the Commission. Ministerial regulated in this provision, without it being necessary to report back the entirety of the file.

Single repeal provision. Regulatory repeal.

The Order of the EHA/3507/2006 of 8 November, which regulates the composition and functions of the Ministerial Committee of the Electronic Administration of the Ministry of Economy and Finance, is hereby repealed. powers of the Ministry of Finance and Public Administrations, as well as Order TAP/594/2011 of 8 March, establishing the Ministerial Committee for Electronic Administration of the Ministry of Territorial Policy and Public Administration and its composition and functions are regulated, and the provisions of equal or lower rank in what is 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, April 25, 2012.-The Minister of Finance and Public Administration, Cristobal Montoro Romero.