Argentine Railways Law N? 26.352- Its Modification - Full Text Of The Norm

Original Language Title: FERROCARRILES ARGENTINOS LEY N? 26.352- SU MODIFICACION - Texto completo de la norma

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FERROCARRILES ARGENTIN

Law 27.132

Policy on the reactivation of passenger and cargo railways, the renewal and improvement of railway infrastructure, the incorporation of technologies and services. Declaration of national public interest.

Posted: April 15, 2015

Promulgated: May 20, 2015

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force

Law:

ARTICLE 1 — National public interest and as a priority objective of the Argentine Republic is the policy of reactivating passenger and cargo railways, the renewal and improvement of the railway infrastructure and the incorporation of technologies and services that help to modernize and improve the public transport system, in order to ensure the integration of the national territory and the connectivity of the country, the development of regional economies with social equity and social equity.

ARTICLE 2 The following are as principles of railway policy:

(a) The administration of railway infrastructure by the national State;

(b) Public and private participation in the provision and operation of railway public transport services;

(c) The interconnection of railway systems and the intermodality of transport services;

(d) The maximization of investments and resources used for the provision of a rail service in conditions of efficiency and security;

(e) The incorporation of new technologies and management modalities that contribute to the improvement of the provision of railway service;

(f) Protection of the rights of users, with special attention to persons with disabilities or with reduced mobility, guaranteeing their rights to access to rail transport services in appropriate quality conditions;

(g) The promotion of conditions of free accessibility to the national railway network of cargoes and passengers, based on the principles of objectivity, transparency and non-discrimination.

ARTICLE 3 — The National Executive Authority shall take the necessary measures for the purpose of resuming the full administration of the railway infrastructure throughout the national territory and the management of the systems of control of the circulation of the trains, to this end being able to resolve, disabling the goods, rescue, reconvene or in its case renegotiate the contracts of concessions signed with New Central Argentina Sociedad Anónima, Ferroexpreso Pampeano 1992,

ARTICLE 4 Open access to the national railway network for the operation of cargo and passenger transport services is available.

The open-access mode for the operation of the railway load services will allow any operator to transport the cargo with origin and destination at any point in the network, regardless of who stops the ownership or possession of the installations of the cargo or destination point.

For the purposes of the present, the national executive branch will create a (1) Record of Cargo and Passenger Operators.

ARTICLE 5 — Disposal of the constitution of the Argentine Railways Society of the State, in the orbit of the Ministry of the Interior and Transport, subject to the regime established by law 20,705, relevant provisions of the Commercial Societies Act 19,550 (t. 1984) and its modifications that are applicable to it and the rules of its statute, which will aim to integrate and articulate the different functions and powers that are assigned by the national law.

ARTICLE 6 The Argentine Railways Society of the State will have the following functions and competences:

(a) To propose coordinated practices and lines of action between the society Operadora Ferroviaria Sociedad del Estado, the Administration of Railway Infrastructures Sociedad del Estado y la Sociedad Belgrano Cargas y Logística Sociedad Anónima;

(b) Approving policies, plans, programmes and projects aimed at the constant improvement of railway transport carried forward by the society Operadora Ferroviaria Sociedad del Estado, the Administration of Railway Infrastructures Sociedad del Estado y la Sociedad Belgrano Cargas y Logística Sociedad Anónima and supervising its implementation;

(c) Any other person who performs his or her duties.

ARTICLE 7 The national executive branch shall approve the social statutes of the Argentine Railways Society of the State created by this law, subject to its guidelines, and shall perform all acts necessary for the constitution and operation of the same, and may expressly delegate this authority to the Ministry of the Interior and Transport.

ARTICLE 8 — The Ministry of the Interior and Transport will oversee the development of Argentine Railways.

ARTICLE 9 — The management and administration of the Argentine Railways Company of the State shall be in charge of a (1) directory consisting of a (1) representative of the Ministry of the Transport of the Ministry of the Interior and Transport designated by the Ministry of the Interior, the president of the board of the Administration of Railway Infrastructures of the State or of the society that replaces it in the future, the president of the director of the company Operator Ferroviaria

ARTICLE 10. - The budgetary, economic-financial, accounting and contracting regime of the society established by Article 5 shall be determined in its respective statute.

ARTICLE 11. - The labour relations of the Argentine Railways Society of the State shall be governed by the legal regime established by law 20,744 (t. 1976) and its modifications or that which in the future replaces it.

ARTICLE 12. - The society established by Article 5 shall be subject to internal and external controls of the national public sector in the terms of Law 24.156. In managing its affairs, it should ensure transparency in decision-making, the effectiveness of controls and promote the mechanisms for participation of the various sectors of activity and society.

ARTICLE 13. - The society of the Argentinean society, created by the article 5 of the present, the nominative certificates that represent the hundred percent (100%) of the social capital of the Administration of Railway Infrastructures of the State and of the society Operadora Ferroviaria of the State, the shares that represent the forty percent (40%) of the social capital corresponding to the

ARTICLE 14. - Replace the subparagraphs (b) and (c)Article 3 of Law 26,352, which shall read as follows:

(b) The development and approval of railway infrastructure projects that form part of the railway network, its construction and rehabilitation that are carried out by its own resources, by third parties, or by third parties, in accordance with what the Ministry of the Interior and Transport determines and may agree with the operators of cargo or passengers the authorization for the execution of the works of improvement or renovation of the services network sectors;

(c) The control and inspection of the railway infrastructure that it administers.

ARTICLE 15. - Incorporate into article 3 of Act No. 26.352, as subsections (m) and (n)the following:

(m) The management of the railway control systems and the maintenance of the railway infrastructure itself or through the railway operators assigned to them;

(n) The layout of the services and, where appropriate, the approval of the diagrams presented by the cargo or passenger operators.

ARTICLE 16. - Replace article 7 of Law 26.352, which shall read as follows:

Article 7: Créase la sociedad Operadora Ferroviaria Sociedad del Estado con Subject to the regime established by law 20.705, disposiciones correspondientes de la ley 19.550 y modtorias, que le fueren aplican y a las normas de su statute, la que tiene a su cargo la presta los servicios de transporte ferroviario de Passengers, en todos sus formas, que le ser assigned, incluyendo el mantenimiento del material rodante,

The company Operadora Ferroviaria Sociedad del Estado may carry out all actions that are necessary or appropriate for the better performance of its functions, carrying out the acts of administration or provision that are necessary for the performance of them, including through participation in companies or companies, national or foreign, subject to the provisions of the legislation in force.

ARTICLE 17. - Replace the subparagraphs (a) and (c) Article 8 of Law 26.352, which shall read as follows:

(a) To assume, through third parties or third parties, the provision of the passenger rail services assigned to it, those that are granted and that for different reasons they revert to the national State, as well as new services that are created;

(c) Manage and dispose of the tractive and tow material that you have assigned for your railway operation and those that acquire or incorporate in the future by any title.

ARTICLE 18. - Incorporate into article 8 of Law 26.352, as subsections (e) and (f), the following:

(e) Maintain the railway infrastructure that is assigned to it by the Administration of Railway Infrastructures State Society;

(f) Manage the systems of control of the circulation of trains that are assigned to it by the Administration of Railway Infrastructures State Society.

ARTICLE 19. - Replace article 1 of Decree 566 of 21 May 2013, which shall read as follows:

Article 1: Disposal of the constitution of the company Belgrano Cargas and Logistics Sociedad Anónima, in the orbit of the Ministry of the Interior and Transport, under the law 19.550 of Commercial Societies — no. 1984 — and its modifications and the rules of its statute, which shall be the object of the provision and commercial exploitation of the service, the operation and logistics of trains, by means of third or third party stations,

ARTICLE 20. - This law shall be regulated within one hundred and eighty (180) days of publication in the Official Gazette of the Argentine Republic.

ARTICLE 21. - Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE FIFTH DAYS OF THE APRIL YEAR DOS MIL QUINCE.

— REGISTRATE BAJO N° 27.132 —

LOVE BOUDOU. - JULIAN A. DOMINGUEZ. — Juan H. Estrada. - Lucas Chedrese.