PCM-065-2019

The Presidential Office of Green Economy (OPEV) is hereby created as a deconcentrated entity attached to the Presidency of the Republic, with legal personality, technical, administrative and financial autonomy, with competence at the national level and with domicile in the city of Tegucigalpa, M.D.C., department of Francisco Morazán, being able to establish regional offices in any place in the country and shall be responsible for the application, compliance, monitoring and evaluation of international commitments related to the protection, management and sustainable use of natural resources so that these result in a better quality of life for the general population.

The objectives of OPEV are the following:

• a)

  To formulate the Green Growth for All Policy; which shall order, regulate, promote the protection and restoration of ecosystems, also, shall efficiently manage the resources obtained as a result of the negotiation of adaptation and mitigation mechanisms, as well as the participation of the different institutions for the fulfillment of the commitments, which shall include a set of incentives that lead to the revitalization of the agri-food sector with ecologically friendly technology;

• b)

  To develop coordination mechanisms with institutions, programs and projects related to the use and sustainable management of natural resources in accordance with the fulfillment of International Agreements, which shall include a robust system for monitoring and evaluating compliance by the parties;

• c)

  To manage the human and financial resources that complete and close the budget gaps necessary to accelerate the recovery, restoration and/or regeneration of forest cover, aquifers, Protected Areas, micro-basins and wildlife reserve zones, while coordinating with the Honduran Bank for Production and Housing (BANHPROVI), the establishment of a trust fund for the allocation of resources to implementing agencies;

• d)

  To create an Observatory for compliance with international commitments, linked with other institutions, that allows for research, training and the development of studies based on updated quantitative and qualitative information. This Observatory shall report directly to the Presidential Delegate and shall have its functions established in the internal regulations of the entity;

• e)

  To facilitate processes that strengthen the capacity for local participation of different social groups in Honduras. Likewise, to identify and prioritize their needs;

• f)

  In coordination with implementing agencies, to prioritize activities in intervention zones, under the criteria of pests, micro-basins, protected areas, rural poverty and environmental degradation, among others; and,

• g)

  Others established in the different Internal Regulations that are issued for the functioning of OPEV.

For the fulfillment of its powers, OPEV shall have the administrative and technical units, as well as the support personnel that is necessary, distributed in the following manner;

• 1)

  Presidential Delegate;

• 2)

  Administrative Manager;

• 3)

  One Coordinator for each of the Programs (3);

• 4)

  One Specialist in Institutional Development (Financial Mechanism);

• 5)

  One Specialist in Image and Communication;

• 6)

  One Specialist in Information Technologies; and,

• 7)

  One Legal Specialist.

For the Implementation of the Green Growth for All Policy, three (3) Programs shall be established:

• 1)

  National Program for Recovery and Valuation of Ecosystem Goods and Services;

• 2)

  Program for Recovery of Degraded Ecosystems; and,

• 3)

  National Program of Marine-Coastal Ecosystems. The Coordinators of the aforementioned programs shall establish communication, coordination and articulation with the institutions that are involved in the implementation of the measures.

The Consultative Council of the Presidential Office of Green Economy (CCOPEV) is hereby created, which is comprised of the following institutions:

• a)

  The Presidential Delegate of OPEV who participates with voice but without vote and shall serve as secretary of the council;

• b)

  Secretariat of Natural Resources and Environment (Mi Ambiente+);

• c)

  Institute of Forest Conservation (ICF);

• d)

  Secretariat of State in the Office of General Coordination of Government;

• e)

  Secretariat of State in the Office of the Presidency;

• f)

  Secretariat of State in the Offices of Agriculture and Livestock;

• g)

  Secretariat of Finance; and,

• h)

  Honduran Bank for Production and Housing (BANHPROVI). Furthermore, the CCOPEV has the authority to extend an invitation for incorporation as a member in its body, such as: a representative of the Association of Municipalities of Honduras (AMHON), as well as any institution of the public and private sector.

OPEV is headed by a Presidential Delegate, which shall be appointed and removed at the sole discretion of the President of the Republic.

The functions of the Presidential Delegate are the following:

• a)

  To exercise legal representation, administration, direction and management of the Presidential Office of Green Economy (OPEV);

• b)

  To delegate functions to officials whom he deems appropriate;

• c)

  To execute Cooperation Agreements, Accords and Contracts with public and private institutions and organizations, national or foreign, linked to matters within the competence of OPEV and in the exercise of his functions as Presidential Delegate;

• d)

  To select, hire, evaluate and promote personnel in accordance with comprehensive evaluation and in compliance with applicable legal regulations and the organization of OPEV;

• e)

  To approve the policies, guidelines, internal regulations, instructions, manuals and forms for the operation of OPEV;

• f)

  To approve the organizational structure of OPEV;

• g)

  To serve as Technical Secretary of the Consultative Council of the Presidential Office of Green Economy (CCOPEV);

• h)

  To direct the administrative, operational and financial management of the entity, maintaining it in compliance with all applicable regulations;

• i)

  Annual Operating Plan and institutional report for its presentation to the corresponding authorities; and,

• j)

  Other powers that may be assigned to him.

The National Fund for Green Growth in Honduras (FONACREV-H) is hereby created as a financial mechanism of OPEV with resources coming from compensation, adaptation and mitigation mechanisms for the effects of Climate, which shall be directed with priority sense to the establishment of sustainable agri-food production systems that, while recovering forest cover, significantly improve the quality of life of the population living in said areas. Said Fund shall be established between OPEV and the Honduran Bank for Production and Housing (BANHPROVI).

The Regulation and Operational Manual of FONACREV-H shall define the operative form of the Fund, as well as; the functions, composition, responsibilities and degree of deconcentration that may be applied, in their respective level of operation and shall be formulated by OPEV in coordination with the Honduran Bank for Production and Housing (BANHPROVI) and the Secretariat of Finance. Implementing institutions shall consider counterpart resources in their respective budgets in order to ensure the correct implementation of the initiatives.

To suppress the Project Coordination Office (OCP), as well as the National Directorate of Climate Change (DNCC), of the Secretariat of Natural Resources and Environment, which shall become an integral part of OPEV and therefore shall assume its functions.

For the fulfillment of the objectives of OPEV, a necessary annual budget item shall be allocated for the rational, efficient and effective functioning of the same, which shall consist of or be comprised of the following resources:

• 1)

  The Budget Structures assigned to the Project Coordination Office of the Secretariat of Natural Resources and Environment;

• 2)

  The Budget Structures assigned to the National Directorate of Climate Change (DNCC), of the Secretariat of Natural Resources and Environment;

• 3)

  Funds that OPEV manages to obtain by way of compensation for adaptation and mitigation from each of the mechanisms;

• 4)

  Inheritances, bequests, donations or contributions from natural or legal persons, national or foreign; and,

• 5)

  Other income or assets that it acquires by any legal title.

The National Directorate of State Assets is instructed to transfer to OPEV the furniture, equipment, materials assigned to the Project Coordination Office as well as the Budget Structures assigned, the National Directorate of Climate Change (DNCC), of the Secretariat of Natural Resources and Environment.

The Office and Directorate aforementioned shall continue operating until the Presidential Delegate takes effective possession of his office and until the transfer of the respective budget structures becomes effective; for which purpose, a transition commission shall be established and appointed by the Secretariat of General Coordination of Government.

The human resources currently working in the Project Coordination Office and the National Directorate of Climate Change (DNCC), of the Secretariat of Natural Resources and Environment, must be submitted to an evaluation process. The financing for the labor liabilities of human resources submitted to this process that are not positively evaluated or whose services are not required by the new institutional structure, shall be covered and prioritized by the available balances of its budget.

Within the first sixty (60) days counted from the date of publication of this Decree, OPEV shall present a diagnosis of needs, gaps and financing opportunities in matters of its competence, for negotiation before the international community.

This Executive Decree shall enter into force as of the day of its publication in the Official Gazette "La Gaceta". Given at Presidential House, Tegucigalpa, municipality of the Central District, on the twenty-second (22) day of the month of November of the year two thousand nineteen (2019). LET IT BE COMMUNICATED AND PUBLISHED. JUAN ORLANDO HERNANDEZ ALVARADO CONSTITUTIONAL PRESIDENT OF THE REPUBLIC MARTHA VICENTA DOBLADO ANDARA SECRETARY OF STATE IN THE OFFICE OF GENERAL COORDINATION OF GOVERNMENT, BY LAW. EBAL JAIR DÍAZ LUPIAN SECRETARY OF STATE IN THE OFFICE OF THE PRESIDENCY HECTOR LEONEL AYALA ALVARENGA SECRETARY OF STATE IN THE OFFICES OF GOVERNANCE, JUSTICE AND DECENTRALIZATION LISANDRO ROSALES BANEGAS SECRETARY OF STATE IN THE OFFICES OF FOREIGN AFFAIRS AND INTERNATIONAL COOPERATION MARÍA ANTONIA RIVERA PRESIDENTIAL APPOINTEE, IN CHARGE OF THE SECRETARY OF STATE IN THE OFFICE OF ECONOMIC DEVELOPMENT ROBERTO ANTONIO PINEDA RODRÍGUEZ SECRETARY OF STATE IN THE OFFICES OF INFRASTRUCTURE AND PUBLIC SERVICES JULIAN PACHECO TINOCO SECRETARY OF STATE IN THE OFFICE OF NATIONAL SECURITY FREDY SANTIAGO DIAZ ZELAYA SECRETARY OF STATE IN THE OFFICE OF NATIONAL DEFENSE ALBA CONSUELO FLORES SECRETARY OF STATE IN THE OFFICE OF HEALTH ARNALDO BUESO HERNÁNDEZ SECRETARY OF STATE IN THE OFFICE OF EDUCATION CARLOS ALBERTO MADERO ERAZO SECRETARY OF STATE IN THE OFFICES OF LABOR AND SOCIAL SECURITY MAURICIO GUEVARA PINTO SECRETARY OF STATE IN THE OFFICES OF AGRICULTURE AND LIVESTOCK ROCIO IZABEL TABORA MORALES SECRETARY OF STATE IN THE OFFICE OF FINANCE KARLA EUGENIA CUEVA AGUILAR SECRETARY OF STATE IN THE OFFICE OF HUMAN RIGHTS ROBERTO ANTONIO ORDOÑEZ WOLFOVICH SECRETARY OF STATE IN THE OFFICE OF ENERGY NICOLE MARRDER AGUILAR SECRETARY OF STATE IN THE OFFICE OF TOURISM NELSÓN JAVIER MARQUEZ EUCEDA SECRETARY OF STATE IN THE OFFICES OF COMMUNITY DEVELOPMENT, WATER AND SANITATION (SEDECOAS) GABRIEL ALFREDO RUBÍ PAREDES SECRETARY OF STATE IN THE OFFICES OF RISK MANAGEMENT AND NATIONAL CONTINGENCIES