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The Committee notes that, following its 2007 general observation, the Private Enterprise Council of Honduras (COHEP) indicates in its comments communicated to the Government in September 2008 that it is fully in favour of a revision of the Convention to take into account developments in the methods of transporting loads. The COHEP adds that it is participating in the current revision of the Regulations of the Central American Uniform Customs Code. The Committee requests the Government to provide any relevant information in its next regular report due in 2012 in reply to the 2007 direct request and the comments of the COHEP, with an indication of any difficulties encountered in the application of the Convention in relation to modern methods of handling loads, and particularly containers.
1. The Committee notes the information in the Government’s report, in particular the adoption of resolution No. 85-2002 concerning the Central American Uniform Customs Code and its implementing regulations of 27 September 2002. The Committee also notes the Government’s indication that this is the only legislation which currently enables the provisions of the Convention to be applied. It understands that the legislation which used to give effect to the provisions of the Convention, namely Decree No. 951 of 9 May 1980 and Circular No. 4 of the Ministry of Labour dated 16 November 1983, is no longer in force. In this respect, the Committee wishes to emphasize that the new legislation does not conform to the provisions of the present Convention since it is a question of manifests containing the volume and weight of the cargo and not a plain and durable marking of the weight on the outside of packages. The Committee asks the Government to state which provisions are applicable to packages as required by Article 1, paragraph 1, of the Convention.
2. With regard to the question of possible difficulties encountered in the application of the Convention in relation to modern methods of cargo handling, with particular reference to containers, the Committee requests the Government to refer to the general observation that it is making on the Convention at the present session.
The Committee notes the information provided by the Government in its report. The Committee recalls that the Government had expressed support in 1991 for a possible revision of the Convention with a view to guaranteeing safety in the handling of containers. The Committee therefore requests the Government to indicate whether there are any specific problems in the application of the Convention to containers in practice and to report any difficulties encountered in this respect.
With reference to its previous comments, the Committee notes the Government's opinion, as expressed in its last report, that it would be appropriate to revise the Convention with a view to guaranteeing safety in the handling of containers. The Committee requests the Government to supply information in its next report on the manner in which this Convention is applied to containers.
The Committee notes the information concerning the manner in which the Convention is applied in practice supplied by the Government in its report (point V of the report form on the Convention).
The Committee also refers to the general observation of 1987 (see International Labour Conference, 73rd Session, Report III, Part A, p. 86) and the general direct request of 1988 on this Convention and requests the Government to provide detailed information in its next report on the manner in which the Convention is applied to containers in national law and practice.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee noted the information on the practical application of the Convention supplied by the Government in its report in reply to its previous direct request (point V of the report form on the Convention) and hopes that future reports will continue to supply such information.
Furthermore, the Committee refers to the general observation on this Convention which it made last year (cf. International Labour Conference, 73rd Session, Report No. III, Part A, p. 86) and requests the Government to provide full particulars in its next report on the manner in which both statutory and practical effect are given to the Convention in respect of containers.