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Order Tin/3155/2011, On 8 November, Which Regulates The Composition And Functions Of The Ministerial Committee On Electronic Administration Of The Ministry Of Labour And Immigration.

Original Language Title: Orden TIN/3155/2011, de 8 de noviembre, por la que se regulan la composición y funciones de la Comisión Ministerial de Administración Electrónica del Ministerio de Trabajo e Inmigración.

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TEXT

The continued improvement of the effectiveness and efficiency that the Public Administrations should take, in addition to the recent modification of the organic structure of the Ministry of Labor and Immigration carried out by the Royal Decree 777/2011, of 3 June, for which the basic organic structure of the Ministry of Labour and Immigration is developed, must necessarily lead to a review of the Ministerial Commission of Electronic Administration and of the procedures of the same. In the case of processing of IT procurement files, it is considered necessary to speed up processing as much as possible, avoiding overlapping controls and reducing the reporting requirements to those cases in which they are are essential for legal imperative or for advising on the importance of the contracts dealt with.

The supervision of the hiring of computer and communications services and services should be accommodated to that of the Superior Council of Electronic Administration and its Permanent Commission, as its spirit extends it to the Royal Decree On 20 May, on the basis of the restructuring of the European Commission, the Commission will be responsible for the development of the electronic system of the electronic administration of the electronic administration. interoperability and standards-setting. The application of the above has been reflected in the successive ministerial orders that have been appearing.

Royal Decree 589/2005 of 20 May, for the restructuring of the collegiate bodies responsible for the electronic administration, in Article 10 (3) to (6), lays down the content of the rules governing the Ministerial Committees of Electronic Administration. Article 10.3 establishes the obligation to process and send to the Standing Committee of the Superior Council of Electronic Administration the files subject to its mandatory report and, for the others, the issue of the technical report of the Memories and specifications of technical prescriptions.

In Order TIN/3644/2009 of 29 December, regulating the composition and functions of the Ministry of Labour and Immigration's Ministerial Committee of Electronic Administration, and in the instructions that the development, including reports which are of a potential nature and whose removal would speed up the processing without undermining the main mission of the Ministerial Committee of Electronic Administration, which is to maintain the technological coherence of the Department.

Especially relevant is the case of the hiring of information and communications technologies in the field of Social Security, subject to a double filter, as prior to the processing in the Ministerial Commission of Electronic Management, the files are reported by the General Council of Electronic Administration of Social Security and more specifically by its Technical Committee, regulated in the Order TAS4886/2005, of October 31, on composition and functions of the General Council of Electronic Administration of Social Security, and of which He is also a representative of the Central Services of the Ministry of Labour and Immigration, who is also vice-chairman of the Ministerial Committee on Electronic Management. It is therefore an overloaded and liable to generate inconsistencies in the criteria to be applied.

The proposed changes would give the Ministerial Committee on Electronic Management a character of the debate and determination of the Department's joint policies and streamline most of the processing of the procurement of goods and services, by cutting the processing time for two months, by downloading to the Ministerial Committee of Electronic Administration a considerable administrative burden and thus allowing for the devote resources to improving the coordination and drive of the Electronic Administration throughout the The Ministry of Labour and Immigration, with greater depth and orientation towards the establishment of common strategies.

In his virtue, with the prior approval of the Vice President of the Government of Territorial Policy and Minister of Territorial Policy and Public Administration, I have:

Article 1. Nature, character and attachment.

The Ministry of Labour and Immigration's (Ministerio de Administración Electrónica de Administración Electronica), whose composition and functions are regulated in this Order, is the collegiate body responsible for the internal coordination of the Department. in the field of information technology and electronic administration, and is also the liaison and collaboration body of the Department with the Higher Council of Electronic Administration and its Specialized Commissions.

The Ministerial Committee of Electronic Administration is attached to the Department's Secretariat and its scope of action will cover all the organs of the Ministry, Autonomous Bodies, Management Entities and Common Services of the Social Security attached to it. Support to the Commission shall be provided by the Sub-Directorate-General for Information and Communications Technologies of the Secretariat.

Article 2. Functions.

1. The functions of the Ministry of Labour and Immigration's (Ministerio de Administración Electrónica de Administración Electronica) are those set out in Article 8 of Royal Decree 589/2005 of 20 May, which restructured the collegiate bodies responsible for EAdministration, and how many attribute the current regulations to you.

2. Functions of ministerial coordination in information and electronic administration technologies:

a) Develop the departmental strategic plan, based on the proposals of the various higher bodies and managers, autonomous bodies and the General Council of Electronic Administration of Social Security in its field and as indicated in the strategic plan approved by the Council of Ministers. Proceed to its elevation, through its president, for its report, to the plenary of the Superior Council of Electronic Administration.

b) Coordinate the establishment of strategic lines and common technical criteria in information and communications technologies, seeking technological standardization, data exchange and compatibility of the systems.

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 Top of Electronic Administration.

d) To study and report the plans of information systems, communications and electronic administration of the various organs of the Ministry and dependent Autonomous Bodies as well as of the General Board of Directors Electronic Social Security in its field, as well as its possible revisions, in order to ensure the proper coordination between these and the departmental strategic plan.

e) Report on draft general provisions whose subject matter concerns the powers of the Commission.

f) Inform the projects of disposition to publish in the "Official State Gazette" regarding the creation, modification or deletion of automated files of public ownership of the department, as provided in the Article 20 of the Organic Law 15/1999, of 13 December, of Protection of Personal Data and, in general, of coordinating the actions prescribed in the aforementioned Organic Law and its subsequent Regulation approved by Royal Decree 1720/2007, of 21 December.

g) Maintain the inventory of automated files of ownership of the department referred to in the previous section, in coordination with the various organs of the Ministry and Autonomous Bodies of the Department. as from the General Council of Electronic Administration of Social Security in its field and the registration of the same in the Agency for Data Protection, as provided for in Article 39 of the Law 15/1999, of December 13, Protection of Personal Data and its subsequent development in Chapter IV of Title IX of the Regulation approved by Royal Decree 1720/2007 of 21 December.

(h) The processing and submission to the Standing Committee of the Board of Directors of the Electronic Management Board, for its report, of the files subject to the report's mandatory report.

i) The technical report on the memory and the specifications of particular administrative clauses and technical requirements for information and communications technology contracts which are not subject to the mandatory report of the Standing Committee of the Board of Governors.

(j) The technical report of the memory of the contracts for the centralised acquisition of goods and services in the field of information technology carried out under Law 30/2007 of 30 October of Contracts of the Sector Public.

(k) In the case of contracts the amount of which does not exceed the amount laid down for minor contracts in Law 30/2007 of 30 October, it shall not be required to issue a report without prejudice to the periodic referral of the information in question. the monitoring of systems and the compilation of statistics. It shall also be regularly informed of proposals for the modification, resolution and extension of supply, service and maintenance contracts in the field of information and communications technologies.

(l) Where applicable, reports shall be issued as provided for in Article 134 of Law 30/2007 of 30 October and Articles 25 et seq. of Royal Decree 817/2009 of 8 May, for which the same applies, in (a) the assessment of the assessment of the award criteria which are not evaluable by way of formula or which are dependent on a value judgment in the terms laid down in the specifications of individual administrative clauses. This is without prejudice to the powers of the Bureau or the contracting authority. The Ministerial Committee on Electronic Management may act as a committee of experts, in accordance with the terms of Article 134.2 of Law 30/2007 of 30 October.

m) To issue to the Electronic Administration Observatory all information on the Commission's procurement files, in accordance with the provisions of Royal Decree 589/2005 of 20 May 2005.

n) Promote the dissemination of new products, techniques or specialties in these areas.

or) Advise the departments, agencies and entities of the department, upon request, in the field of information technologies, as well as in the field of electronic administration.

p) Develop and propose how many measures are considered appropriate for the implementation of information technologies, as well as in the field of electronic administration, in order to achieve greater efficiency in the systems of processing and transmission of information and in the integrity, security and accessibility of information and care systems for citizens.

q) Elevate the annual memory of the department's actions in the field of information technology and electronic administration for approval.

r) To inform in a coordinated manner the draft general provisions proposed by other departments in the field of electronic administration and how many issues are subject to the consideration of the Higher Council of Electronic Management.

3. The technical report of the Ministerial Committee on Electronic Administration will cover the technical aspects of the data, both the memory and the specifications of the administrative clauses and the technical requirements of the procurement.

The report will be motivated and will provide for the adequacy of the strategic plan and the guidelines issued by this collegiate body, as well as the purpose and technological adequacy of the benefit to be contracted.

4. The report prior to the award of the Ministerial Commission of Electronic Administration shall be drawn up on the assessment of the criteria contained in the specification of non-evaluable individual administrative clauses by way of request the hiring table.

The President of the Plenary and the Permanent Commission of the Ministerial Commission may request clarifications from the bidders on aspects of the offer related to the criteria contained in the contract specifications. Non-evaluable individual administrative procedures, subject to prior authorisation of the procurement table.

5. The Ministerial Committee of Electronic Administration may collect from all the units of the Department, as well as from external organizations, within the scope of its competence, as much data and reports as it deems necessary for the compliance with their purposes.

6. The processing of the technical reports of the Ministerial Commission of Electronic Administration shall be carried out using electronic means at all stages of the procedure. To this end, the technical infrastructure necessary for its implementation shall be established or adapted, in line with the requirements of the Higher Council of Electronic Administration.

Article 3. Composition.

1. The Ministerial Committee on Electronic Management depends on the Department's Secretariat, and can act in plenary and in the Permanent Commission.

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

President: The head of the Assistant Secretary for Labor and Immigration.

First Vice President: The holder of the Subsecretariat's General Information and Communications Technology Subdirectorate.

Second Vice President: The holder of Social Security Information Management.

Vocals:

The holder of the General Information and Communications Technology Subdirectorate of the State Employment Public Service.

The holder of the Financial Management Subdirectorate General of the Ministry of Labor and Immigration.

A representative, with a level 30 job, of each of the Secretaries of State, Autonomous Bodies and Public Law Entities dependent or attached to the Ministry of Labor and Immigration, proposed by the holders of the same. In the case of Social Security, the proposals and initiatives will be presented by the Social Security Information Manager.

Secretary: An official of the Subsecretariat General Information and Communications Technology Subdirectorate, appointed by the President on a proposal from the holder of the Subsecretariat General, who will act with voice but without vote.

3. The bodies which, if appropriate, have proposed the appointment of the different members may propose that of the alternate members, among the staff of their respective units holding positions of level 28 or higher.

4. In the event of the absence of the President by vacancy, illness or other legal cause, the Vice-Presidents shall preside over the sessions. In the absence of all of them, he shall preside over the appropriate Vocal, in accordance with the order in paragraph 2.

5. The plenary session of the Commission shall be held on an ordinary basis, at least quarterly and, in an extraordinary manner, when the President agrees.

6. The cases to be included on the agenda of the plenary session of the Commission must be forwarded to the Secretariat in good time before they can be analyzed by the members of the Secretariat.

Article 4. Standing Committee.

1. The Standing Committee, as the delegated body of the plenary, has its own powers, except for the agreement to raise the strategic plan of the Department in the fields of information technology and electronic administration to the Higher Council of Electronic administration and those which the plenary is expressly reserved for.

2. The Standing Committee shall be composed of the following members:

President: First Vice President of the Ministerial Commission.

Vice President: The Vice President of the Ministerial Commission.

Vocals:

The holder of the General Information and Communications Technology Subdirectorate of the State Employment Public Service.

A representative of each proposing management centre, appointed by the President on a proposal from the holders of the same, who will act with voice and vote for the study and deliberation of the proposals and initiatives of their own centre, except in the case of Social Security, whose proposals and initiatives will be presented by a representative of the Social Security Computer Management.

Secretary: The Secretary of the Ministerial Commission, who will act with voice but without a vote.

3. The Standing Committee may be chaired by the Chairman of the Ministerial Committee, when in the light of this he is advised of the importance of the matters to be dealt with on the agenda.

4. The President may appoint alternate members on a proposal from the bodies which have proposed to the holders, among the staff of their respective units.

5. The Standing Committee may convene the technical advisors it deems necessary for the development of the work, which shall have a voice but no vote.

6. In the absence of the President, the Vice President shall chair the Standing Committee.

7. The Standing Committee shall meet on an ordinary basis on a monthly basis (except for the month of August) and shall be extraordinary when the President agrees.

Article 5. Operation.

Without prejudice to the peculiarities provided for in this Order, the Ministry of Labour and Immigration's Ministerial Committee on Electronic Administration shall be governed by the provisions laid down in the matter of collective organs in the 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 and by Law 6/1997, of 14 April, of the Organization and the Functioning of the Administration State General.

Article 6. Working groups.

1. For reasons of urgency or effectiveness, the Standing Committee may act through specific, permanent or non-specific Working Groups designated within it. The creation agreement of each Working Group will include the powers, rules of operation, composition and temporary validity.

2. The Working Groups shall be led by the Chair of the Standing Committee.

Additional disposition first. Delegation of powers.

The Ministry of Labour and Immigration's (Ministerio de Administración Ministério de Administración Electronica), on a proposal from its president, may delegate to the Technical Commission of the General Council of Electronic Administration of Social Security the powers of points (i) to (l) of Article 2 of this order, for files in the field of social security and for contracts which are not subject to harmonised rules. The Management of Social Security Informatics will report to the following plenary session of the Ministerial Committee on Electronic Management of the contents of the files reported by the Technical Commission of the Superior Council of Electronic Administration of Social Security.

Additional provision second. Ability to execute.

The Secretariat of the Department shall adopt the measures deemed necessary for the implementation and application of this Order.

Additional provision third. No increase in expenditure.

The formation and functioning of the Ministerial Commission of Electronic Administration will not increase any public expenditure and will be addressed with the material and personnel resources existing in the Ministry of Labor. e Immigration.

Single repeal provision. Regulatory repeal.

Order TIN 3644/2009 of 29 December 2009 on the composition and functions of the Ministerial Committee on Electronic Administration of the Ministry of Labour and Immigration, as amended by the Order TIN, is hereby repealed. 2553/2010, of September 28.

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, 8 November 2011. -Minister of Labour and Immigration, Valeriano Gómez Sánchez.