Law of the National Quality System

This Law has as its objective to establish the National Quality System as a national infrastructure in charge of activities for the development and demonstration of quality, to promote the competitiveness of national enterprises, provide confidence in the transaction of goods and services, facilitate compliance with international commitments in matters of conformity assessment, promote a culture of quality, and provide technical support to regulatory entities.

• 1)

  To guide, order, and promote the participation of the Public Administration and the private sector in the activities of conformity assessment and quality promotion, integrated into the System;

• 2)

  To promote the availability and use of the mechanisms of evaluation and demonstration of conformity;

• 3)

  To promote the adoption of quality management practices and training in the organizations that produce and commercialize goods and services in the country;

• 4)

  To promote the quality of goods and services that are produced or commercialized in the national territory;

• 5)

  To foster the cultural integration of quality in all spheres of national life;

• 6)

  To contribute to the strengthening of the management carried out by the competent public and private entities to protect health, the environment, and consumer rights; and,

• 7)

  To promote effective public and private coordination among the competent entities that carry out activities in metrology, standardization, technical regulation, and conformity assessment.

For the interpretation of this Law, the definitions established in the applicable international standards, guides, agreements, and codes in its sphere shall be used. CHAPTER II NATIONAL QUALITY COUNCIL

The National Quality Council (CNCA) is created as a Consultative Body of the Technical Secretariat of Planning and External Cooperation (SEPLAN), which operates as an instance of unification and a generator of quality policy proposals for the areas of standardization, accreditation, metrology, and conformity assessment, in accordance with the objectives, goals, and indicators of the Country Vision and National Plan, as well as recognized international practices.

The National Quality Council is composed in the following manner:

• 1)

  The head of the Technical Secretariat of Planning and External Cooperation (SEPLAN), who shall preside over it;

• 2)

  The Secretary of State in the Offices of Industry and Commerce;

• 3)

  The Secretary of State in the Office of Tourism;

• 4)

  The Secretary of State in the Offices of Agriculture and Livestock;

• 5)

  The Secretary of State in the Office of Health;

• 6)

  The Secretary of State in the Offices of Natural Resources and Environment;

• 7)

  The Secretary of State in the Offices of Labor and Social Security;

• 8)

  The Secretary of State in the Offices of Public Works, Transportation, and Housing (SOPTRAVI);

• 9)

  A representative of the Honduran Council of Private Enterprise (COHEP);

• 10)

  A representative of the Federation of Chambers of Commerce of Honduras (FEDECAMARAH);

• 11)

  A representative of the Council of Higher Education;

• 12)

  A representative of the Federation of Professional University Associations of Honduras (FECOPRUH);

• 13)

  A representative of the National Association of Micro, Small and Medium Industries of Honduras (ANMPIIH);

• 14)

  A representative of Consumer Associations, legally recognized;

• 15)

  A representative of the National Association of Industrialists (ANDI);

• 16)

  A representative of Research Centers for Science and Technology registered in the Directorate of Competitiveness and Innovation of SEPLAN, whose prior participation for their respective nomination by their members; and 17) A representative of each of the Regional Development Councils, duly registered in SEPLAN. In the absence of the head of SEPLAN, the National Quality Council (CNCA) is presided over by the Secretary of State in the Offices of Industry and Commerce, and so forth in accordance with the order stated in this same Article. Representatives of other duly qualified sectors and cooperating organizations may participate as guests, with voice but without vote, in the National Quality Council (CNCA). Representation to the National Quality Council (CNCA) is carried out on an ad honorem basis.

The National Quality Council (CNCA) is empowered to increase the number of its members, provided that it is duly agreed upon and approved by the majority of its members from the private sector as well as the public sector, and parity representation between both sectors shall be maintained when electing new members. It holds ordinary sessions at least once (1) per quarter and, in extraordinary form as many times as necessary, by convocation of its President or by half plus one of its members.

The National Quality Council (CNCA) has the following powers:

• 1)

  To advise the Presidency of the Republic, the head of SEPLAN, and other bodies of the National Quality System;

• 2)

  To propose quality policies and determine the general guidelines necessary to achieve the objectives of this Law;

• 3)

  To define national policies, aimed at improving the quality of products and services that are commercialized in the country, as well as those that are exported;

• 4)

  To establish the necessary directives to guarantee the effective functioning of the National Quality System;

• 5)

  To recommend the execution of bilateral or multilateral agreements or conventions, within its sphere of competence;

• 6)

  To promote the training, updating, and specialization of persons and institutions in the matters that correspond to the sphere of this Law;

• 7)

  To approve and amend its Internal Regulations; and,

• 8)

  Such others as this Law and its Regulations may assign to it. The National Quality Council (CNCA) shall convoke, when it deems convenient, other officials of the national public sector and international cooperation and other representatives of the private sector in the capacity of observers or technical advisors, when specific matters within their respective competence are addressed.

The Executive Committee is created as the body in charge of implementing, executing, and following up on the quality policies issued by the National Quality Council (CNCA). It shall be composed of seven (7) members:

• 1)

  President of the Executive Committee, selected from a slate of three (3) candidates with broad knowledge on the subject, of recognized experience, with a university degree in an Administration or Engineering program;

• 2)

  Technical Secretary: Designated by the Technical Secretariat of Planning and External Cooperation (SEPLAN), who coordinates the area of the National Quality System, with powers, capacity, and technical competence for the development of the activities proper to the National Quality System; and,

• 3)

  Five (5) regular members and two (2) alternate representatives from the public and private sector distributed equitably. The regular members of the Executive Committee shall be appointed in a session of the National Quality Council (CNCA). CHAPTER III NATIONAL QUALITY SYSTEM

The National Quality System is created as a Deconcentrated Body of the Technical Secretariat of Planning and External Cooperation (SEPLAN), with legal powers to achieve its purpose, whose objective is to promote the development of the services of Standardization, Accreditation, and Conformity Assessment, aimed at improving competitiveness and fostering sustainable development of the country.

The National Quality System is the entity in charge of coordinating and developing the various functions corresponding to the National Quality Infrastructure.

The bodies of the National Quality System are:

• 1)

  The Executive Secretariat;

• 2)

  The National Standardization Body;

• 3)

  The National Metrology Body; and,

• 4)

  The National Accreditation Body.

The Executive Secretariat is the Superior Administrative Coordination Body, who is proposed by the head of SEPLAN, and must meet with broad capacities and knowledge in the field.

To be Executive Secretary, the following requirements are needed:

• 1)

  To be Honduran by birth;

• 2)

  To possess a university degree in matters related to this Law and must accredit a minimum of five (5) years of professional practice in the administrative area at the managerial or directional level;

• 3)

  To accredit a minimum of five (5) years of training and experience in the fields of this Law. It is the responsibility of this person to exercise the functions of Technical Secretary of the National Quality Council, to whom they shall report periodically.

The Executive Secretary of the System shall be responsible for:

• 1)

  To organize and exercise the general administration of the System;

• 2)

  To represent and coordinate the National Quality System;

• 3)

  To form ad-hoc technical advisory groups, as required for the operation of its areas;

• 4)

  To prepare and present to the National Quality Council (CNCA) the Draft Budget and Annual Operational Plan of the System, for its approval; and,

• 5)

  Others established in the Regulations of this Law.

The body of the National Quality System is comprised of a team of specialists in charge of technically coordinating each of the areas of the National Quality Infrastructure.

The functions of the Organ of the National Quality System are the following:

• 1)

  Execute the policies defined by the National Quality Council (CNCA);

• 2)

  Approve the annual plans and programs of the different areas of the National Quality System;

• 3)

  Ensure the efficient functioning of the National Quality System, maintaining its continuous updating, in accordance with national and international suggestions and requirements on the matter;

• 4)

  Ensure the quality of services offered to third parties by the different areas of the National Quality System;

• 5)

  Disseminate the importance of the National Quality System;

• 6)

  Promote the interrelation of the National Quality System with national, regional, and international systems or organizations; and,

• 7)

  Such other functions as indicated by the Regulations of this Law.

The budget of the National Quality System shall be reflected annually in the General Budget Project of Income and Expenses of the Republic, which the Technical Secretariat of Planning and External Cooperation (SEPLAN) shall submit to the Ministry of Finance, and the latter, in turn, to the National Congress of the Republic, in which sufficient funds are included for compliance with the Annual Operating Plan duly approved by the National Quality Council (CNCA).

The following form part of the Patrimony and financial sources of the National Quality System: resources from bequests, donations, and contributions from natural or legal persons, national or international. Non-reimbursable funds that international organizations or friendly countries allocate and income received from the sale of goods and services compatible with its activities. CHAPTER IV OF THE ORGANISMS OF THE NATIONAL QUALITY SYSTEM

The heads of the organisms established in Article 10 of this Law must have technical independence in their decision-making and in the execution of activities within their competence. Each of the organisms that make up the Organ of the National Quality System shall be under the responsibility of a Technical Coordinator, appointed in each case by the Secretary of State of the Technical Secretariat of Planning and External Cooperation, based on a list of three candidates presented by the National Council of each respective Organism. The Technical Coordinators have the adequate faculties and technical competence for the development of activities proper to the organisms they direct. For the purpose of selecting the technical personnel that makes up each one of the organisms of the National Quality System, a list of three candidates shall be formed consisting of two (2) representatives from the public sector and two (2) representatives from the private sector, who are members of the National Quality Council (CNCA); the proposals shall be presented by the Technical Coordinator of the organism that requires it.

The functioning of these Organisms shall be defined in their respective Internal Regulations.

To be a Technical Coordinator, the following is required:

• 1)

  Be Honduran;

• 2)

  Be in the enjoyment of civil rights;

• 3)

  Hold a university-level professional degree, at a minimum;

• 4)

  Accredit more than five (5) years of professional practice; and,

• 5)

  Accredit more than three (3) years of training and experience in the field of competence of the respective organism. SECTION I OF STANDARDIZATION

The National Standardization Organism is hereby created as a technical organ forming part of the National Quality System, entrusted with executing the activities of: elaboration, approval, publication, and dissemination of standards, with a view to facilitating trade and serving as a basis for technical regulation; facilitating conformity assessment, industrial development, and providing the bases for improving the quality of products, processes, and services.

The organization and operability of the National Standardization Organism is based on international criteria and standards.

The National Standardization Organism is governed by the principles of: broad participation, transparency, and consensus; and is based on the consolidated results of experience, science, and technology.

The attributions of the Technical Coordinator of the National Standardization Organism are the following:

• 1)

  Prepare and execute the operational program and Annual Budget of the Organism;

• 2)

  Form the list of three candidates responsible for the selection of technical personnel to be hired for the Organism;

• 3)

  Establish and maintain relations with international standardization organisms;

• 4)

  Constitute and coordinate specialized technical committees for the development of standardization;

• 5)

  Submit reports monthly to the Executive Secretariat of the National Quality System and cooperate with the execution of the agreements of the National Quality Council (CNCA); and,

• 6)

  Such other functions as indicated by the General Regulations of this Law.

The activities of the National Standardization Organism are developed through the joint integration of public and private institutions, with the participation of producers, merchants, consumers, and users.

The National Standardization Organism, by virtue of the recognition granted to it and for the purposes of this Law, must especially comply with the following functions:

• 1)

  Direct the elaboration of standards suitable for national socioeconomic development, including the adoption of international standards and harmonization in supranational spheres;

• 2)

  Disseminate the proper application of standards to different productive activities in the public and private sectors;

• 3)

  Promote the establishment of agreements and collaboration arrangements with entities at the national, regional, or international level;

• 4)

  Represent the country as a member before regional and international standardization organizations;

• 5)

  Promote the creation of committees, technical subcommittees for standardization, and other bodies for study, evaluation, and control by interested parties in the development of standardization by activity sectors;

• 6)

  Develop an annual program based on the needs of national development and the directives given by the National Quality Council (CNCA); and,

• 7)

  Such other functions as indicated by the Regulations of this Law.

The National Standardization Council is the highest technical organ of the National Standardization Organism and is composed of: 1) One Principal Representative and one Alternate from the Technical Secretariat of Planning and External Cooperation (SEPLAN), through the Directorate of Competitiveness and Innovation, who presides over it; and, 2) One Principal Representative and one Alternate from the following institutions:

• a)

  Honduran Council of the Private Enterprise (COHEP);

• b)

  Federation of Chambers of Commerce of Honduras (FEDECAMARAH);

• c)

  National Association of Industrialists (ANDI);

• d)

  National Association of Micro and Small Enterprises (ANMPIIH) or another legally established Trade Association(s);

• e)

  National Association of Exporters (ANEXHON);

• f)

  Trade Associations of the Construction Industry;

• g)

  Council of Higher Education;

• h)

  Federation of Professional Colleges of Honduras (FECOPRUH);

• i)

  National Quality Council (CNCA);

• j)

  National Center for Metrology; and k) National Accreditation Organism. Depending on the subject matter to be considered and that is related to matters within its competence, the National Standardization Commission shall also be composed of the Ministries of State in the following branches:

  • 1)

    Industry and Commerce;

  • 2)

    Health;

  • 3)

    Tourism;

  • 4)

    Agriculture and Livestock; and, 5) Natural Resources and Environment. The Secretary of the National Standardization Council shall be the Technical Coordinator of the National Standardization Organism. Representation before the National Standardization Council is performed on an ad honorem basis. The National Standardization Council shall be organized in accordance with what is established in the Regulations of this Law. SECTION II OF METROLOGY

The National Center for Metrology is hereby created, dependent on the National Quality System, as a technical organism responsible for industrial and scientific metrology in the Country, as well as for exercising the functions that are internationally attributed to National Institutes of Metrology, and as such acts in the capacity of competent national organism.

The organization and operability of the National Center for Metrology is based on the international criteria and standards defined by the International Bureau of Weights and Measures (BIPM).

The National Center for Metrology has as its objective to promote, encourage, develop and consolidate in the country the metrological infrastructure that implements growth in the area of measurements, in order to guarantee the reliability thereof, while contributing to obtaining products and services of quality.

The National Center for Metrology bases the assurance of measurements on the traceability of national standards to international standards.

The National Center for Metrology is comprised of: industrial and scientific metrology, defining the actions that must be taken in each one.

The following are the attributions of the Technical Coordinator of the National Center for Metrology:

• 1)

  To prepare and execute the operating program and the annual Budget of the Center;

• 2)

  To integrate the panel responsible for the selection of technical personnel to be hired for the Center;

• 3)

  To establish and maintain relations with metrological organizations abroad;

• 4)

  To constitute and coordinate work groups specialized in metrology;

• 5)

  To submit monthly reports to the Executive Secretariat of the National System for Quality;

• 6)

  To cooperate with the Executive Secretariat of the National System for Quality in the execution of the Agreements of the National Council for Quality (CNCA); and,

• 7)

  Such other functions as this Law and its Regulations may designate.

It is the responsibility of the Executive Branch to exercise the function of legal metrology through the Secretariats of State in the area of their competence and the functions contained in the current Consumer Protection Law, through the Secretariat of State in the Office of Industry and Commerce.

The following are functions of the National Center for Metrology:

• 1)

  To form, custodian and maintain a collection of standards of units of measurement of different magnitudes and to guarantee these values through an uninterrupted chain of comparisons, until reaching the international reference standard;

• 2)

  To promote the use, calibration, verification and adjustment of measurement instruments, as well as the traceability of standards to the International System of Units (SI) and to guarantee the traceability of measurement instruments;

• 3)

  To develop metrology in the country through training, capacity building and updating of personnel that are part of the National Center for Metrology;

• 4)

  To promote the knowledge, implementation and use of the International System of Units (SI) in the Country;

• 5)

  To represent the Country as a member before organizations and committees at the regional and international level;

• 6)

  To participate in international comparisons and to organize jointly with the National Accreditation Body, comparisons at the national level;

• 7)

  To develop in the Country the metrological infrastructure appropriate to the demand of the national industry and commerce;

• 8)

  To disseminate and create awareness about the use of metrology, through calibration and education services for third parties;

• 9)

  To form the metrological hierarchy in the country;

• 10)

  To advise the different bodies of public administration in metrological matters and to provide technical assistance to industrial, technical and scientific sectors when deemed pertinent; and,

• 11)

  Such other functions as this Law and its Regulation may designate.

The National Council of Metrology is the highest technical body of the National Center for Metrology and is comprised of: 1) One Principal Representative and one Alternate of the Secretariat of State in the Office of Industry and Commerce, who shall preside; and, 2) One Principal Representative and one Alternate from the following institutions:

• a)

  Technical Secretariat for Planning and External Cooperation (SEPLAN), through the Directorate of Competitiveness and Innovation;

• b)

  National Council for Quality;

• c)

  Council of Higher Education;

• d)

  Honduran Council of Private Enterprise (COHEP);

• e)

  National Association of Industrialists (ANDI); and f) Federation of Chambers of Commerce of Honduras (FEDECAMARAH). The Secretary of the National Council of Metrology is the Technical Coordinator of the National Center for Metrology. Representation before the National Council of Metrology shall be carried out in an ad honorem capacity. The National Council of Metrology shall be organized in accordance with what is established in the Regulations of this Law. SECTION III ON ACCREDITATION

There is created the National Accreditation Body, dependent on the National System for Quality, as the technical body responsible for directing in the Country the activities of voluntary accreditation for the National System for Quality, whose objective is to develop the actions inherent to the formal recognition of technical competencies of entities or organizations to carry out tasks related to the different areas of the National System for Quality, with a view to having reliable organizations for the development of quality management in the country.

The organization and operationality of the National Accreditation Body shall be carried out in accordance with current international criteria, established in accordance with the International Standards, Guides and Guidelines of the reference Organizations in the matter.

The Operating Procedures of the National Accreditation Body are defined in its Internal Regulations.

The following are the attributions of the Coordinator of the National Accreditation Body:

• 1)

  To prepare and execute the operating program and the Annual Budget Project of the Body;

• 2)

  To integrate the panel responsible for the selection of technical personnel to be hired for the Body;

• 3)

  To establish and maintain relations with regional and international accreditation bodies;

• 4)

  To constitute and coordinate work groups on issues related to accreditation;

• 5)

  To submit monthly reports to the Executive Secretariat of the National System for Quality;

• 6)

  To cooperate with the Technical Secretariat of the National System for Quality;

• 7)

  To execute the agreements of the National Council for Quality (CNCA); and 8) Such other functions as the Regulations of this Law may designate.

The National Accreditation Body is the sole competent authority to perform accreditation procedures with respect to testing and calibration laboratories, inspection and control entities, certification entities and other related bodies, in accordance with the International Standards, Guides and Guidelines for this matter issued by the International Organizations competent in the matter. All public institutions that for the fulfillment of their functions require services of testing laboratories, calibration laboratories, inspection entities and certification entities, shall use those accredited or recognized by multilateral recognition agreements with the National Accreditation Body and equivalent international entities. Public or private laboratories and inspection bodies with delegation to exercise that function shall be accredited before the National Accreditation Body or present it before an Organization authorized to do so, with a Multilateral Recognition Agreement, in accordance with its respective Regulations.

The following are functions of the National Accreditation Body:

• 1)

  To fulfill the functions of competent national technical body in the field of accreditation on a voluntary request basis;

• 2)

  To encourage accreditation in all scientific and technological fields;

• 3)

  To promote the formation of National Networks of Conformity Assessment Organizations with accredited scopes;

• 4)

  To promote the demonstration of technical competence, transparency, trust and credibility of accredited entities;

• 5)

  To participate as a member in international accreditation organizations; and,

• 6)

  Such other functions as the Regulations of this Law may designate.

The National Council for Accreditation is the highest technical body of the National Accreditation Body, and is comprised of: 1) One Principal Representative and one Alternate from the Technical Secretariat for Planning and External Cooperation (SEPLAN), who shall preside, and 2) One Principal Representative and one Alternate from the following institutions:

• a)

  Secretariat of State in the Office of Industry and Commerce;

• b)

  Secretariat of State in the Office of Health;

• c)

  Secretariat of State in the Office of Tourism;

• d)

  Secretariat of State in the Office of Agriculture and Livestock;

• e)

  Secretariat of State in the Office of Natural Resources and Environment;

• f)

  Secretariat of State in the Office of Public Works, Transport and Housing (SOPTRAVI);

• g)

  Council of Higher Education;

• h)

  Secretariat of State in the Office of Education;

• i)

  Federation of Professional Colleges of Honduras (FECOPRUH);

• j)

  Consumer Organization legally constituted;

• k)

  Honduran Council of Private Enterprise (COHEP);

• l)

  National Association of Industrialists (ANDI);

• ll)

  Honduran Chamber of the Construction Industry (CHICO);

• m)

  Honduran Chamber of Consulting Enterprises (CHEC);

• n)

  National Council for Quality (CNCA);

• ñ)

  National Center for Standardization;

• o)

  National Center for Metrology; and,

• p)

  Conformity Assessment Organizations with accredited scopes in: i) Inspection Bodies; ii) Certification Bodies; iii) Testing Laboratories; and iiii) Calibration Laboratories. The Secretary of the National Council for Accreditation is the Technical Coordinator of the National Accreditation Body. Representation before the National Council for Accreditation shall be carried out in an ad honorem capacity. The National Council for Accreditation shall be organized in accordance with what is established in the Regulations of this Law. CHAPTER IV ON CONFORMITY ASSESSMENT ORGANIZATIONS

In order to provide confidence in the services provided to clients, to the private sector and to regulatory entities, within the framework of conformity assessment and consumer protection, the National System for Quality, through the National Accreditation Body, shall facilitate the formation of a network of inspection, testing, analysis, calibration and certification organizations with properly accredited scopes.

Each National Network of Organisms for Evaluation of Conformity with accredited scopes that is established is composed of public and/or private entities and has the objective of managing, supporting, and facilitating the necessary resources through association to demonstrate the technical competence of the services they provide and to show that certain products or services that they analyze, test, calibrate, verify, and/or evaluate comply with the requested technical norms or regulations. CHAPTER V OF TECHNICAL REGULATIONS

It is the responsibility of the State Secretariats, Decentralized and Deconcentrated Entities and Organisms of the Public Administration to prepare the Technical Regulations within their competence, and to the extent that goods and services are not regulated, as pertinent, by other laws or legal provisions, the Enforcement Authority of the current Consumer Protection Law shall issue the necessary technical regulations for the identification and commercialization of goods and services.

The Inter-institutional Commission for Technical Regulations is hereby established, which has as its purpose the integration of Public Administration entities for the issuance of harmonized technical regulations.

The Inter-institutional Commission for Technical Regulations has the following functions:

• 1)

  Coordinate inter-institutional integration;

• 2)

  Define the criteria for the preparation of technical regulations;

• 3)

  Harmonize the content of technical regulation drafts;

• 4)

  Establish a database of current technical regulations;

• 5)

  Issue technical opinions ex officio or upon request of any party, with respect to the technical regulation drafts that Public Administration entities wish to implement; and,

• 6)

  Those other functions attributed to it by the Regulation of this Law.

The Inter-institutional Commission for Technical Regulations is composed of the following members:

• 1)

  A representative of the State Secretariat in the Industry and Commerce Offices, who shall preside over it;

• 2)

  A representative of the Technical Secretariat for Planning and External Cooperation (SEPLAN);

• 3)

  A representative of the State Secretariat in the Tourism Office;

• 4)

  A representative of the State Secretariat in the Agriculture and Livestock Offices;

• 5)

  A representative of the State Secretariat in the Health Office;

• 6)

  A representative of the State Secretariat in the Public Works, Transportation and Housing Offices (SOPTRAVI);

• 7)

  A representative of the State Secretariat in the Natural Resources and Environment Offices;

• 8)

  A representative of the State Secretariat in the Education Office;

• 9)

  A representative of the State Secretariat in the Interior and Population Offices;

• 10)

  A representative of the State Secretariat in the Labor and Social Security Offices;

• 11)

  A representative of the State Secretariat in the Security Office;

• 12)

  A representative of the Honduran Council of Private Enterprise (COHEP);

• 13)

  A representative of the Consumer Association;

• 14)

  A representative of the National Association of Industrialists (ANDI); and,

• 15)

  A representative of the Federation of Chambers of Commerce of Honduras (FEDECAMARAH). Members of the Commission shall be designated by the respective State Secretariat or the Organization they represent. Representatives of Decentralized and/or Deconcentrated Entities or Organs of the Public Administration may participate when matters related to the nature and proposals of their respective functions are discussed for the issuance of Technical Regulations within their competence that are necessary. The representatives to the Inter-institutional Commission for Technical Regulations of these Entities or Organs shall be appointed in accordance with what their respective laws or instruments that give them legal standing determine.

The Inter-institutional Commission for Technical Regulations shall issue, within the term of ninety (90) days, its Internal Regulation and the Regulation of this Law, respectively.

It is the responsibility of the Executive Branch to instruct the competent organisms the functions of Focal Point for Technical Obstacles to Trade, Sanitary and Phytosanitary Measures, as well as the formation of information centers in accordance with applicable international regulations. CHAPTER VI TRANSITIONAL PROVISIONS

The Honduran Accreditation Office (OHA), created under the Inter-institutional Cooperation Agreement ECA-COHCIT, dated November 25, 2005, is hereby recognized as the National Accreditation Organism in accordance with Articles 38, 39, 40, 41, 42, 43, and 44 of this Law, to carry out Accreditation activities in the field of conformity assessment within the voluntary framework, which shall be developed in the following manner:

• 1)

  Phase I Honduran Accreditation Office (OHA) as liaison of Accreditation activities in Honduras through ECA;

• 2)

  Phase II Joint Assessment ECA-OHA; and,

• 3)

  Phase III Assessment and Accreditation by OHA.

The Technical Secretariat for Planning and External Cooperation (SEPLAN), through the Directorate of Competitiveness and Innovation, which among its functions has the coordination of the National Quality System, and competence for the development of Standardization, Accreditation, and Metrology established in this Law, acts as Technical Secretariat of CNCA, on a temporary and transitional basis until the Executive Secretary of the Council takes office.

The technical personnel who, on the date this Law enters into force, are employed within the Directorate of Competitiveness and Innovation/Quality Area, shall become part of the personnel of the National Quality System, retaining their seniority and other labor rights, in accordance with Decree No. 182-2010, dated September 30, 2010.

The National Quality System shall begin operations in the year 2011, and for this purpose its budgetary requirements shall be approved for execution in fiscal year 2012. Notwithstanding, in the year 2011, the Budget of Income and Expenditures of the Technical Secretariat for Planning and External Cooperation (SEPLAN) shall include the technical personnel that make up the Quality Area of the Directorate of Competitiveness and Innovation of SEPLAN. CHAPTER VII FINAL PROVISIONS

Regarding the National Standardization Organism. The Honduran Standardization Organism (OHN) is hereby recognized as the National Standardization Organism, to operate in accordance with Articles 22, 23, 24, 25, 26, 27, and 28 of this Law.

Regarding the National Metrology Center. The Honduran Metrology Center (CEHM) is hereby recognized as the National Metrology Center, to operate in accordance with Articles 29, 30, 31, 32, 33, 34, 35, 36, and 37 of this Law.

The President of the Republic in his capacity as Honorary Member, and the State Secretary in the Offices of the Technical Secretariat for Planning and External Cooperation, shall install the National Quality Council within twenty (20) days following the effective date of this Law. The Executive Secretary shall be appointed and sworn in by the National Quality Council within thirty (30) days following the date of its installation.

This Law shall enter into force twenty (20) days after its publication in the Official Newspaper "LA GACETA". Done in the city of Tegucigalpa, Municipality of the Central District, in the Session Hall of the National Congress, on the twenty-ninth day of the month of March of Two Thousand Eleven. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Branch In Witness Whereof: Let it be executed. Tegucigalpa, M.D.C., April 25, 2011. PÓRFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC. ARTURO CORRALES ALVAREZ THE STATE SECRETARY IN THE OFFICES OF PLANNING AND EXTERNAL COOPERATION.