Regulations of the National Maritime Administrative Committee of Honduras 2013

PURPOSE OF THE REGULATION This Regulation shall govern the organization and functioning of the National Committee for Maritime Administration of Honduras, hereinafter called CONAMARH, as a non-binding support body in the execution processes of the mechanisms required to evaluate, recommend, and monitor progress relative to the implementation of the Maritime Strategy of the Republic of Honduras within the framework of Implementation of the mandatory instruments of the International Maritime Organization (IMO); and to establish guidelines for the execution of any other activity linked to the Maritime Strategy.

SCOPE OF THE REGULATION The scope of this Regulation shall extend to all members of CONAMARH with respect to the processes promoted regarding the execution of the Maritime Strategy created within the Framework of Implementation of the Mandatory Instruments of the International Maritime Organization (IMO).

FUNCTIONS The Authorities exercising functions within the Framework of Implementation of the Maritime Strategy shall execute them in such a way as to achieve the following general objectives: 3.

• 1)

  Identify and recommend the necessary actions to resolve any problems related to the implementation of the International Maritime Conventions of the IMO of which Honduras is a member; 3.

• 2)

  Establish consultation mechanisms with various national and international actors involved in the implementation of IMO international instruments;

• 3)

  3.- Form and organize the Technical Working Groups that are necessary to execute the Maritime Strategy; 3.

• 4)

  Participate in the process of development, updating, review and modification of the Maritime Strategy. Likewise verify that such modifications are integrated into the aforementioned strategy; 3.

• 5)

  Monitor, supervise and make recommendations on the use of technical, scientific and engineering advances related to the correct implementation of the International Maritime Conventions of the IMO; 3.

• 6)

  Formulate proposals and recommendations on actions or measures to be adopted by the various Entities involved in the execution of the Maritime Strategy or to any other institution that could contribute to its better execution; 3.

• 7)

  Guarantee and promote both the understandable and periodic public dissemination as well as access to information regarding the progress and results of the execution of the Maritime Strategy; 3.

• 8)

  Participate in the follow-up and coordination of projects with content and scope similar to those observed in the Maritime Strategy; 3.

• 9)

  Comply with this Internal Regulation to evaluate the implementation of the Maritime Strategy; 3.

• 10)

  Prepare Agreements of the decisions taken in meetings; 3.

• 11)

  Those that result from the international maritime conventions of the IMO of which Honduras is a member.

ORGANIC LEVELS OF THE COMMITTEE The Committee, without prejudice to its organic unity, for the fulfillment of its purposes, is composed of: 4.1.- The Full Assembly of CONAMARH; and, 4.2.- Technical Working Groups.

THE FULL ASSEMBLY OF THE COMMITTEE The Plenary Session of the Committee is the meeting of all members that make up CONAMARH and is the highest authority of the Committee. The National Committee for Maritime Administration (CONAMARH) shall be composed of: 5.

• 1)

  The Secretary of State in the Ministries of Public Works, Transportation and Housing (SOPTRAVI), or his legal alternate, who shall preside over it and act as President of CONAMARH; 5.

• 2)

  The Permanent Commissioner of Contingencies (COPECO), or his legal alternate; 5.

• 3)

  The Secretary of State in the Ministries of Natural Resources and Environment (SERNA), or his legal alternate; 5.

• 4)

  The Secretary of State in the Ministry of National Defense, or his legal alternate, and the Commanders of the Air Force, Naval Force and Army;

• 5)

  5.- The Secretary of State in the Ministry of Finance (SEFIN), or his legal alternate; 5.

• 6)

  The Secretary of State in the Ministry of Foreign Relations (SRE), or his legal alternate; 5.

• 7)

  The General Manager of the National Port Company (ENP), or his legal alternate; 5.

• 8)

  The Secretary of State in the Ministry of Tourism, or his legal alternate; 5.

• 9)

  The Secretary of State in the Ministry of Labor and Social Security, or his legal alternate; 5.

• 10)

  The head of the Designated Authority for the implementation of the PBIP Code in Ports or his legal alternate; 5.

• 11)

  The Commissioner of the National Communications Commission (CONATEL), or his legal alternate; 5.

• 12)

  The General Director of the General Directorate of Fisheries and Aquaculture (DIGEPESCA), or his legal alternate; 5.

• 13)

  The Rector of the National Autonomous University of Honduras (UNAH), or his legal alternate; and, 5.

• 14)

  The General Director of the General Directorate of Merchant Marine of Honduras (DGMM), or his legal alternate, who shall act as Executive Secretary and Coordinator of the activities carried out by CONAMARH. The National Committee for Maritime Administration of Honduras (CONAMARH) shall be presided over by the Secretary of State in the Ministries of Public Works, Transportation and Housing (SOPTRAVI) in his capacity as President and coordinated by the General Directorate of Merchant Marine (DGMM) in his capacity as Executive Secretary.

FUNCTIONS OF THE PRESIDENCY The functions of the President of CONAMARH are: 6.

• 1)

  Represent CONAMARH. 6.

• 2)

  Convene through the Executive Secretary and preside over the meetings of the Plenary Session. 6.

• 3)

  Present to CONAMARH the Annual Plan of Activities based on the decisions of the Plenary and the semi-annual reports submitted by the Executive Secretary. 6.

• 4)

  Coordinate the execution of the plans and actions approved by the Plenary Session. 6.

• 5)

  Sign with the Secretary, the minutes of the Plenary Session. 6.

• 6)

  Any other functions that may be delegated to him by the Full Assembly.

FUNCTIONS OF THE EXECUTIVE SECRETARIAT The functions of the Executive Secretariat of CONAMARH are: 7.

• 1)

  Prepare a semi-annual report of activities, which shall be approved by CONAMARH with respect to progress in compliance with the commitments assumed. 7.

• 2)

  Provide institutional support to the management and activities related to the objectives of CONAMARH. 7.

• 3)

  Preserve the institutional memory of CONAMARH. 7.

• 4)

  Convene meetings of the Plenary Session of CONAMARH. 7.

• 5)

  Organize the directory of the members of the Committee and Technical Working Groups, keeping them permanently updated. 7.

• 6)

  Draw up the minutes of the meetings of the Plenary Session and the working sessions of the Technical Working Groups and maintain them in the corresponding books. 7.

• 7)

  Issue certifications of the resolutions of the Full Assembly. 7.

• 8)

  Assist the President in his functions. 7.

• 9)

  Compute the results of the votes indicated in Article 16 of this Regulation. 7.

• 10)

  Invite the Legal Representative of any other governmental institution, private entity or civil society to contribute—whether in the Full Assembly or in Technical Working Groups—to the promotion and consolidation of the Maritime Strategy. 7.

• 11)

  Update the Maritime Strategy when required for the fulfillment of the general objective. 7.

• 12)

  Any other functions that may be delegated to him by the Full Assembly.

COMPOSITION OF DELEGATIONS The head of each Entity member of CONAMARH shall preside over his delegation and shall decide its composition, informing the Executive Secretary of the names and functions of all experts accompanying the delegations, and the reasons why their presence is necessary.

TECHNICAL GROUPS: The Technical Working Groups shall develop specific tasks to promote and consolidate the Maritime Strategy and shall be composed of technical representatives from the entities referred to in Article 5 of this Regulation. The Technical Working Groups shall present to CONAMARH, within the specified timeframe when applicable, the conclusions reached through a written report that shall contain proposals for solving the issue raised. The Committee may form Technical Working Groups and Sub-Groups for specific tasks, with the members of each sector designating their respective representatives. The functions and activities that the Technical Working Groups are to perform shall be reflected in a commitment agreement that shall contain, among other points, the following: 9.

• 1)

  Designation of the officials involved and their technical profile; 9.

• 2)

  Specific topic to be developed; 9.

• 3)

  Activities and schedule to be carried out, which shall be incorporated into the CONAMARH Operating Plan.

RESULTS OF TECHNICAL GROUPS All work resulting from the activity developed by the Technical Working Groups must be validated and presented before CONAMARH, which shall endorse the results through the approval of the Semi-Annual Report referred to in article 7.1 of this Regulation. Without prejudice to what is stated in the preceding paragraph, the activities of the Technical Working Groups shall be pre-evaluated at the request of the Executive Secretariat when it determines appropriate. The Technical Working Groups must keep all information generated in the respective working sessions updated.

MEETINGS AND CONVOCATION: The Plenary Session of CONAMARH shall meet ordinarily twice (2) per year through a call extended by the Executive Secretary with a minimum advance notice of fifteen (15) calendar days. It may meet extraordinarily by convocation of the President, the Executive Secretary or, failing that, by the convocation of a number of members not less than 20% of the total. The Technical Working Groups referred to in Article 9 shall meet at any time at the request of and in accordance with the CONAMARH Operating Plan.

POSTPONEMENT OF MEETINGS Meetings shall only be postponed in the event that more than half of the entities belonging to the committee notify the Executive Secretariat in writing and with justified reasons, with at least five (5) days in advance, of the impossibility to attend the scheduled meeting.

LOCATION OF MEETINGS The convocation shall establish the location and time of the meeting.

DOCUMENTATION TO BE SENT TO THE COMMITTEE MEMBERS PRIOR TO THE CELEBRATION OF ORDINARY AND EXTRAORDINARY MEETINGS The Executive Secretary shall send to the members of the Committee the invitation, the draft agenda and the draft act of execution on which the Full Assembly of CONAMARH must be informed, with sufficient advance notice, taking into account the urgency and complexity of the matter in question, and at a minimum 15 business days before the scheduled date of the meeting. Within the same timeframe he shall send the results of the working sessions of the Technical Working Groups, the semi-annual report of the Executive Secretariat and other documents related to the meeting. The agenda must include at least the following items: 14.

• 1)

  Reading of the previous minutes and approval if applicable. 14.

• 2)

  The proposals that the President, the Executive Secretary and CONAMARH consider submitting to the Full Assembly. 14.

• 3)

  Those proposals made in writing, by fax or electronic mail to the President or the Secretary, by any member of the Committee with at least fifteen business days in advance of the date of the Full Assembly. 14.

• 4)

  Reading of documents received, with the Full Assembly able to make decisions on them if the urgency of the case requires it. 14.

• 5)

  Requests and questions. No decision may be made on this point unless agreed to by the absolute majority of those present. The Full Assembly of the Committee shall meet in extraordinary session when decided by the President and Executive Secretary by mutual agreement or whenever requested by a member.

QUORUM. For the celebration of a Full Assembly of Committee, whether ordinary or extraordinary, the existence of a quorum shall be necessary; that is, the attendance of more than half of its members. Should this minimum attendance not be secured, the Full Assembly of the Committee must be convened again, this time in an extraordinary meeting, within a maximum period of 3 business days, to be held with those present.

VOTING In the event that consensus is required with respect to a matter that is purely internal and related to the functioning of CONAMARH, Committee votes shall be by a show of hands, unless any member requests that it be secret, and it shall be approved by two-thirds of the members present. In case of a tie, the proposal shall be voted on at the end of the meeting or after a minimum of half an hour has passed. If the tie persists, it shall be placed on the agenda of the following session. In the event that abstentions equal or exceed the majority votes, the proposal shall be voted on again at the end of the meeting or after a minimum of half an hour has passed. If such a situation persists, it shall be placed on the agenda of the following session, and if it continues to persist, it shall be approved by majority votes. The number of votes in favor, votes against, and abstentions shall be recorded in the Minutes.

MINUTES. In accordance with the provisions of Article 7.6 of this Regulation, minutes of the matters dealt with in the Plenary session shall be drawn up by the Executive Secretary, who shall submit them for approval by the Committee. Once approved, they shall be signed by the President, the Executive Secretary, and the members of the Committee, and a copy shall be distributed to the members of CONAMARH. The Minutes shall contain, at a minimum: 17.1. - A list of attendees and absentees with or without justification. 17.2. - Place, date, and time. 17.3. - Order of the day. 17.4. - Proposals of the subjects for debate. 17.5. - Agreements adopted with the results of the votes. 17.6. - The statements of those members who wish to have them recorded in the minutes and who have submitted them in writing to the Secretary within twenty-four hours after the session has begun. 17.7. - Signature of the Secretary with the approval of the President.

INVITATION OF EXPERTS At its own initiative or at the request of any member of the Committee, the President or Executive Secretary may invite experts in specific matters to discuss concrete issues. Nevertheless, the Committee may, by simple majority of its members, oppose their participation in the meeting.

COORDINATION AGREEMENTS The departments may, on their own initiative, at the proposal of the Plenary or of the Executive Secretariat, enter into Coordination Agreements between Authorities, in accordance with the guidelines established in this Article for the purpose of facilitating the correct implementation of the IMO Mandatory Instruments. Coordination Agreements may be general, special, or particular.

La Gaceta 19.1. - General Agreements refer to those coordination activities that must be applied to all the members indicated in Article 5 of this Regulation; 19.2. - Special Agreements refer to those coordination activities that must be applied to certain specific members; and 19.3. - Particular Agreements refer to those that must be applied to each member, taking into account their needs.

CONTENT OF COORDINATION AGREEMENTS Coordination Agreements must specify at a minimum: 20.1. - The Authorities that sign them; 20.2. - The subject matter of the respective coordination, indicating the diagnosis of the matter it intends to resolve, setting forth the general and particular problems; 20.3. - The specific activities that will be carried out; and, 20.4. - Any other actions that the members deem appropriate to resolve the coordination problems in question.

EFFECTIVE DATE The implementation of the provisions of this regulation arising from Executive Decree Number PCM-040-2013 dated the thirtieth (30) day of July of the year two thousand thirteen, published in the Official Gazette La Gaceta on the twenty-fourth (24) day of August of the year two thousand thirteen, shall be mandatory. This Regulation shall enter into force on the date of its publication in the Official Gazette "La Gaceta" and may only be modified by consensus of the members of the Committee. Given in the city of Tegucigalpa, municipality of the Central District, on the third day of the month of December of the year two thousand thirteen. ING. ADOLFO RAQUEL QUAN President of the National Committee of Maritime Administration of Honduras (CONAMARH) Secretary of State in the Offices of Public Works, Transportation and Housing (SOPTRAVI) GRAL. ® NELSON WILLYS MEJIA MEJIA Executive Secretary National Committee of Maritime Administration of Honduras (CONAMARH) Director General of the Merchant Marine (DGMM) Secretariat of State in the Office of Public Works, Transportation and Housing "SOPTRAVI"