Create Committee for the Conduct of Referendum on Electrical Subsector Reform
Poder Ejecutivo
- Decree: 404-2013
- Published: January 20, 2014
- Issuing body: Poder Ejecutivo
- Gazette: 33,455
- Category: Administrative
Summary
This decree creates the Steering Committee for the Electrical Subsector Reform, a temporary body that coordinates the implementation of the new Electricity Industry Law. It is composed of key government officials and includes a Technical Unit that centralizes information, coordinates between public and private institutions, and facilitates monthly meetings with international partners to ensure the success of the energy reform.
Considerations
Whereas, in accordance with Article 245 of the Constitution of the Republic, the President of the Republic is charged with the supreme direction and coordination of the Centralized and Decentralized Public Administration, the General Administration of the State and therefore directing the general policy of the State and representing it, being able to act by himself or in Council of Ministers.
Whereas, it is an attribution of the President of the Republic to ensure coordination among state organs and activities, to execute effectively and efficiently the projects and programs, to monitor them and evaluate their achieved results; taking the measures that are necessary for which he must create or modify the strategic leadership instances that he deems necessary.
Whereas, it is equally an attribution of the President of the Republic to issue norms that are required to reorganize those agencies that the efficiency of the Public Administration demands.
Whereas, the Government of the Republic has requested from several international cooperating partners technical assistance No. 33,455 and financial assistance for the proper implementation of the reform of the electrical subsector, put into force by the General Law of the Electrical Industry, contained in Decree No. 404-2013, dated January 20, 2014; as well as for the application of other norms related to the sector, within the framework of the Law for the Promotion of Public-Private Partnerships, in order to guarantee the proper functioning of the reformed subsector. Whereas, it is timely to create a technical agency charged with receiving, analyzing, centralizing and disseminating all technical information related to the promotion of reform in the electrical industry; and it is also necessary to create the instances of Government and International Cooperation that coordinate and define the implementation of measures whose adoption are recommendable for the subsector and the successful outcome of the reform.
Whereas, it is an attribution of the President of the Republic to issue agreements and decrees in accordance with the Law.
Articles
Create the Steering Committee for the Reform of the Electrical Subsector, as a temporary body responsible for strategically coordinating the implementation of the objectives and provisions established in the General Law of the Electrical Industry approved by Decree No. 404-2013, dated January 20, 2014; said implementation shall be conducted, among other applicable regulations, within the framework of the modalities provided for in the Law for the Promotion of Public-Private Partnerships, Law for the Protection and Promotion of Investments, and other applicable laws on the matter. This Steering Committee shall have a Technical Unit for the Conduct of the Reform of the Electrical Subsector.
The Steering Committee shall be composed as follows:
- a)
The Secretary of State Coordinating the Sector of Economic Regulation and Conduct, who shall preside over it;
- b)
The Secretary of State Coordinating the Sector of Infrastructure and Public Services;
- c)
The General Manager of the National Electrical Energy Company (ENEE);
- d)
The Commissioner presiding over the Electrical Energy Regulatory Commission (CREE);
- e)
The Director of the Technical Unit for the Conduct of the Reform of the Electrical Subsector, who shall assume the function of Secretary of the Committee and shall have no vote in decisions.
The Steering Committee for the Reform of the Electrical Subsector shall have the capacity to formulate and define policies relating to the application of the reform of the Electrical Subsector, for which purpose it may request reports from all actors and agents of the subsector and shall coordinate monthly meetings with the Cooperating Partners Table of the Electrical Subsector Reform, in order to socialize the results of its decisions and report on the progress of the implementation of the reform in the subsector. The Steering Committee shall be empowered to designate the Government representatives who shall serve on the Technical Committees of each of the trusts constituted and that may be constituted in the future for the implementation of the reform of the Subsector, subject to the prior approval of the President of the Republic.
The Steering Committee for the Reform of the Electrical Subsector shall meet at least once a month and the seat of its meetings shall be designated by the President of the Steering Committee. All meetings of the Steering Committee shall be convened by the President of said Committee through the Director of the Technical Unit for the Conduct of the Reform of the Electrical Subsector, who shall also establish the Agenda in accordance with the points authorized by the President of the Committee. The principal members comprising the Committee may designate alternates. When the nature of the matters so requires, the Committee may invite other institutions or actors involved to consult on specific topics in the matter.
The Technical Unit for the Conduct of the Reform of the Electrical Subsector shall act as Executive Secretariat of the Steering Committee for the Reform of the Electrical Subsector and shall be responsible for providing technical assistance to the Steering Committee in all matters related to the implementation of the reform of the Electrical Subsector. In particular, the Technical Unit shall be responsible for coordination among state and private bodies related to the implementation of the General Law of the Electrical Industry and all other agents and actors that have any impact on the subsector; including the Trusts constituted to date and those that may be constituted in the future.
The Technical Unit for the Conduct of the Reform of the Electrical Subsector shall be established and organized in accordance with the structure adopted by the Steering Committee in its first plenary session. The Technical Unit for the Conduct of the Reform of the Electrical Subsector shall be attached to the Secretary of State Coordinating the Sector of Economic Regulation and Conduct.
The Government of the Republic authorizes the Technical Unit for the Conduct of the Reform of the Electrical Subsector immediate and unconditional access to all instruments, contracts, documents, and reports generated by both public institutions and private entities that are engaged with the State in the Electrical Subsector, including the trusts constituted and that may be constituted for purposes of promoting the reform, and shall be empowered to share such information with the Cooperating Partners Table of the Electrical Subsector Reform; all of this in order that the Technical Unit may fulfill its mission of providing support and technical assistance to the Steering Committee for the Reform of the Electrical Subsector.
Transitional Provision: Until the Technical Unit is fully integrated, to ensure the proper functioning of the Steering Committee for the Reform of the Electrical Subsector, the Millennium Challenge Account - Honduras (MCA - Honduras) shall assume the functions of Technical Secretariat of this Committee.
This Decree is of immediate execution and shall be published in the Official Gazette La Gaceta. Given in the City of Tegucigalpa, M.D.C., in the Constitutional Chamber of the Presidential House, on the ninth (9) day of the month of June of two thousand fourteen (2014).
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- Acuerdo No. ADUANAS-DE-007-2021 — Creación del Comité de Apoyo Técnico Legal de la Administración Aduanera de Honduras (Decree ADUANAS-DE-007-2021, 2021)
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