Regulations of the Maritime Advisory Council 2014

PURPOSE OF THE REGULATION. The purpose of this Regulation is to establish norms for the organization and operation of the Maritime Advisory Council, as a support body in the execution of mechanisms required to evaluate, recommend, establish criteria, and monitor matters related to the implementation of Maritime Conventions within the framework of compliance with mandatory instruments of the International Maritime Organization (IMO) and current national laws; and to standardize the performance of any other activity linked to maritime activity.

SCOPE OF THE REGULATION. The scope of this Regulation shall extend to all members designated in Article 1, subsection c) of Agreement No. 010-2002, published in La Gaceta on August 10, 2002, and those indicated by this Regulation, with respect to processes promoted within the framework of Implementation of Mandatory Instruments of the International Maritime Organization (IMO) or other international conventions of which Honduras is a Party, which shall be conducted through the coordination of technical personnel designated by the Director General of the Merchant Marine, through Technical Groups represented by members of each department with the support of those technical sections, if applicable, that shall develop specific tasks to establish solutions and determine actions or criteria to follow.

COMPOSITION. The Maritime Advisory Council shall be composed of the following officials:

• a)

  Director General, or their representative;

• b)

  General Secretary, or their representative;

• c)

  Chief of the Maritime Safety Department, or representative;

• ch)

  Chief of the Seafarers Department, or their representative;

• d)

  Chief of the Ship Registry Department, or their representative;

• e)

  Chief of the Port Authority Department, or their representative;

• f)

  Chief of the Legal Advisory Department, or their representative.

FUNCTIONS. Officials exercising functions within the Framework of Implementation of maritime conventions shall execute them in such a manner as to achieve the following general objectives: 5.

• 1)

  To advise the Director General regarding matters related to the Maritime Sector, the fulfillment of the functions of the Maritime Administration, and the organization of maritime activity practices submitted to its consideration; 5.

• 2)

  To identify and recommend necessary actions to resolve any problematic issues related to the implementation of International Maritime Conventions of the IMO of which Honduras is a party; 5.

• 3)

  To consult with the various national and international actors involved in the implementation of IMO international instruments; 5.

• 4)

  To form and organize Technical Working Groups as necessary to execute assigned activities;

• 5)

  5.- To present motions to the Director General to propose actions aimed at improving, developing, and strengthening the effectiveness of the Maritime Authority; 5.

• 6)

  To review, supervise, and make recommendations regarding the use of technical, scientific, and engineering advances related to proper implementation of International Maritime Conventions of the IMO; 5.

• 7)

  To formulate proposals and recommendations regarding actions or measures to resolve various problems or conflicts that may arise; 5.

• 8)

  To establish guidelines that Recognized Organizations shall follow in the resolution of those provisions established by the International Maritime Organization and those international instruments that leave decision-making to the discretion of the Administration; 5.

• 9)

  To participate in the monitoring and coordination of decisions and/or projects determined by the Council; 5.

• 10)

  To comply with this Internal Regulation; 5.

• 11)

  To prepare Agreements of the Maritime Advisory Council containing the decisions taken in meetings, without prejudice to the final decision made by the institution; 5.

• 12)

  To guarantee and promote both public, comprehensible, and periodic dissemination as well as access to information regarding the processes, decisions, advances, and results determined by the Council; 5.

• 13)

  Any other matters that result from international maritime conventions of which Honduras is a party and national laws.

ORGANIZATIONAL LEVELS OF THE COUNCIL. The Council, without prejudice to its organizational unity, for the fulfillment of its purposes, is composed of: 6.1.- The Full Council of the Maritime Advisory Council; and, 6.2.- Technical Working Groups.

FULL COUNCIL. The Plenary Session of the Council is the meeting in quorum of the members that compose the Maritime Advisory Council and is the highest authority of the Council. The Maritime Advisory Council shall be composed of the officials designated in Article 4 of this Regulation. The Director of the Merchant Marine shall preside over the Maritime Advisory Council, or in their absence the Sub-Director, and/or the person designated by the Director General.

FUNCTIONS OF THE PRESIDENCY. The functions of the President of the Maritime Advisory Council are: 8.

• 1)

  To represent the Council. 8.

• 2)

  To convene through the Executive Secretary and preside over the meetings of the Plenary Session. 8.

• 3)

  To ensure strict compliance with International Conventions, Laws and Regulations, as well as the provisions and agreements of the Council; 8.

• 4)

  To present to the Council the Annual Activity Plan based on the decisions of the Plenary and the semiannual reports presented by the Secretary; 8.

• 5)

  To coordinate the execution of plans and actions approved by the Plenary Session; 8.

• 6)

  To sign with the Executive Secretary the minutes of the Plenary Session. 8.

• 7)

  Any other functions delegated to them by the Plenary.

FUNCTIONS OF THE EXECUTIVE SECRETARY. The functions of the Executive Secretary of the Maritime Advisory Council are: 9.

• 1)

  To prepare a semiannual activity report, which shall be approved by the Council regarding progress in fulfilling assumed commitments; 9.

• 2)

  To receive and process all information sent by members and other entities of the institution, for inclusion in the Daily Agenda or other activity related to the Maritime Advisory Council; 9.

• 3)

  To elaborate, in accordance with the President of the Maritime Advisory Council, the Daily Agenda to be considered in Sessions; 9.

• 4)

  To convene meetings of the Plenary Session of the Maritime Advisory Council; 9.

• 5)

  To distribute among Council members 48 hours in advance the necessary documents for deliberations; 9.

• 6)

  To verify quorum before the start of a Council Session and alert about loss of quorum by the withdrawal of any member before the Session ends; 9.

• 7)

  To collaborate with the President of the Council in directing the debate; 9.

• 8)

  To submit within five business days to the Presidency the decisions, agreements, and reports approved by the Council;

• 9)

  9.- To dispatch Council correspondence; 9.

• 10)

  To keep the Council Books, Archives, and Minutes; 9.

• 11)

  To provide institutional support for management and activities concerning the Council's objectives; 9.

• 12)

  To preserve the institutional memory of the Council; 9.

• 13)

  To organize the directory of Committee members and Technical Working Groups, keeping them permanently updated; 9.

• 14)

  To prepare the minutes of meetings of the Plenary Session and sessions of the Technical Working Groups and record them in the corresponding books; 9.

• 15)

  To issue certificates of Plenary agreements; 9.

• 16)

  To assist the President in their functions; 9.

• 17)

  To compute the results of votes designated in Article 18 of this Regulation; 9.

• 18)

  To invite any other governmental institution, private entity, or civil society to contribute either in the Plenary or in Technical Working Groups; 9.

• 19)

  Any other functions delegated to them by the Plenary.

TECHNICAL WORKING GROUPS. The Technical Working Groups shall develop specific tasks to promote and consolidate the decisions of the Council and shall be composed of technical representatives from the Departments designated in Article 4 of this Regulation. Said Technical Working Groups shall present to the Maritime Advisory Council, within the timeframe indicated when appropriate, the conclusions reached by means of a written report containing a proposed solution to the matter raised. The functions and activities to be performed by the Technical Working Groups shall be recorded in a commitment deed that shall contain, among other points, the following: 10.

• 1)

  Designation of the assigned officials and their technical profile; 10.

• 2)

  Specific subject to be developed; 10.

• 3)

  Activities and timeline to be carried out, which shall be incorporated into the Council's Operating Plan.

RESULTS OF TECHNICAL GROUPS. All work produced by the activities developed by the Technical Working Groups shall be validated and sustained before the Council, which shall endorse the results through approval of the Semiannual Report designated in Article 9.1 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 instance of the Executive Secretary when it determines to do so. The Technical Working Groups must keep current all information generated in the respective working sessions.

MEETINGS AND CONVOCATION. The Plenary Session of the Maritime Advisory Council shall meet ordinarily once (01) per month, when necessary, by convocation issued by the Executive Secretary with the approval of the President, with a minimum advance notice of fifteen (15) calendar days. It may meet extraordinarily by convocation of the President, the Executive Secretary, or in their absence by written convocation by two of its members when necessary to resolve a problematic issue or new provision. The Technical Working Groups referred to in Article 10 shall meet at any time upon request and in accordance with the Council's Operating Plan.

SUSPENSION OF MEETINGS. Meetings shall only be suspended when, due to contingency circumstances, it is impossible to gather half of the Council members who notify the Executive Secretariat in writing and with justified reasons, with at least three (3) business days in advance, of their inability to attend the scheduled meeting. The determination of the existence of a contingency situation shall be made by the President of the Council.

PLACE OF MEETINGS. The convocation shall establish the place and time of the meeting.

AGENDA AND DOCUMENTATION TO BE SENT TO COUNCIL MEMBERS PRIOR TO HOLDING ORDINARY AND EXTRAORDINARY MEETINGS. The Executive Secretary shall send to Council members the invitation, the order of the day agenda, and the draft implementing act on which the Council Plenary must deliberate, with sufficient advance notice, taking into account the urgency and complexity of the matter at hand, and at a minimum 15 business days before the scheduled date of the meeting. Within the same timeframe, they shall submit the results of the working sessions of the Technical Working Groups, the semiannual report of the Executive Secretariat, and other documents related to the meeting. The Order of the Day Agenda must include at least the following points: 15.

• 1)

  Reading and approval of the minutes from the previous meeting. 15.

• 2)

  Proposals that the President, the Executive Secretary, and the Council consider submitting to the Plenary. 15.

• 3)

  Those proposals submitted in writing, by fax, or electronic mail to the President or Secretary by any Council member at least fifteen business days in advance of the Plenary date. 15.

• 4)

  Reading of written documents or correspondence received, and the Plenary may make decisions regarding them if the urgency of the matter requires. 15.

• 5)

  Requests and questions. No decision may be made on this point unless agreed to by absolute majority of those present. 15.

• 6)

  Other points to be considered. The Council Plenary shall meet in extraordinary session when decided by the President and Executive Secretary by mutual agreement or whenever requested by a member.

APPROVAL OF THE AGENDA. Once the Daily Agenda is approved, it may not be modified again during the course of the meeting, unless deliberations reveal a need that justifies such modification and, when submitted to a vote, is approved by a majority of the members present. When the order of the day is not exhausted and with the consent of the Council, the session may continue on another day before the next ordinary session. In this case, the previously approved order shall be followed.

QUORUM For the holding of a Plenary session of the Council, whether ordinary or extraordinary, the existence of quorum shall be necessary; that is, the attendance of more than half of its members. Should this minimum attendance not be ensured, the Plenary session of the Council shall be convened again, on this occasion in an extraordinary meeting, within a maximum period of 3 business days, and shall be held with those present.

VOTING In the event that consensus is required with respect to a matter that is purely internal and relates to the functioning of the Maritime Advisory Council, the votes of the Council shall be by show of hands. 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 elapsed. Should the tie persist, it shall be placed on the agenda of the following session. In the event that abstentions exceed or equal 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 elapsed. Should such a situation persist, it shall be placed on the agenda of the following session and, if it continues to persist, it shall be approved with the majority votes. The number of votes in favor, against, and abstentions shall be recorded in the Minutes.

MINUTES In accordance with the provisions established in Article 9.14 of this Regulation, minutes shall be drawn up by the Executive Secretary regarding the matters discussed in the Plenary session, and shall be submitted to the Council for approval. Once approved, they shall be signed by the President, the Executive Secretary, and the members of the Council, and a copy shall be distributed to the Council members. The Minutes shall contain, at a minimum: 19.1. - A list of those present and absent, with or without justification; 19.2. - Place, date, and time; 19.3. - Order of business; 19.4. - Proposals of matters for debate; 19.5. - Agreements adopted with voting results; 19.6. - The statements of those members who wish them to be recorded in the minutes and who have submitted them in writing to the Executive Secretary within twenty-four hours after the session has begun; 19.7. - Signature of the Executive Secretary with the approval of the President.

INVITATION OF EXPERTS On its own initiative or at the request of any member of the Council, the President or Executive Secretary may invite experts in specific matters to discuss specific issues. Notwithstanding, the Council may, by simple majority of its members, object to their participation in the meeting.

AGREEMENTS FOR DECISION AND COORDINATION OF THE MARITIME ADVISORY COUNCIL The officials, on their own initiative, at the proposal of the Plenary or of the Executive Secretariat, shall enter into Agreements for Decision and Coordination, in accordance with the guidelines established in this Article for the purpose of ensuring the correct implementation of the Mandatory IMO Instruments. Coordination Agreements may be general, special, or particular. 21.1. - General Agreements refer to those coordination activities that shall apply to all members identified in Article 4 of this Regulation; 21.2. - Special Agreements refer to those coordination activities that shall apply to certain members; and, 21.3. - Particular Agreements refer to those that shall apply to each member, taking into account their needs.

CONTENT OF THE AGREEMENTS FOR DECISION AND COORDINATION OF THE MARITIME ADVISORY COUNCIL The Agreements for Decision and Coordination shall specify at a minimum: 22.1. - The officials who execute them; 22.2. - The subject matter of the respective coordination, indicating the diagnosis of the matter that it seeks to resolve, describing the general and specific problems; 22.3. - The specific activities that shall be performed; and, 22.4. - The other actions that the members deem appropriate to resolve the coordination problems in question.

FINAL PROVISIONS This Regulation shall enter into force on the day of its publication in the Official Gazette "La Gaceta" and may only be modified by consensus of the members of the Council. Given in the city of Tegucigalpa, municipality of the Central District, on the seventh day of the month of November of the year two thousand thirteen.