National System For Comprehensive Risk Management And Civil Protection Creation - Updated Standard Text

Original Language Title: SISTEMA NACIONAL PARA LA GESTION INTEGRAL DEL RIESGO Y LA PROTECCION CIVIL CREACION - Texto actualizado de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
NATIONAL SYSTEM FOR THE INTEGRAL MANAGEMENT OF RISK AND CIVIL PROTECTION

Law 27287

Creation.

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

Law:

National System for the Comprehensive Management of Risk and Civil Protection

Chapter I

From the National System for the Comprehensive Management of Risk and Civil Protection

ARTICLE 1 — Créase the National System for the Comprehensive Management of Risk and Civil Protection that aims to integrate the actions and articulate the functioning of the agencies of the national government, the provincial governments, the Autonomous City of Buenos Aires and municipal, non-governmental organizations and civil society, to strengthen and optimize actions aimed at risk reduction, crisis management and recovery.

ARTICLE 2 — For the purposes of this law is understood by:

(a) Alarm: Notices or signals informing about the existence of a danger and serves to follow specific emergency instructions due to the actual or imminent presence of an adverse event;

(b) Alert: State declared prior to the demonstration of a threat under monitoring, which allows for specific decisions to be made to enable pre-established action procedures;

(c) Threat: External factor represented by the possibility of an adverse phenomenon or event, at a time, specific place, with a particular magnitude and which could cause damage to individuals, property; loss of livelihoods; social, economic and environmental disorders;

(d) Disabling: Interaction between a threat and a vulnerable population that, by its magnitude, creates a disruption in the functioning of a society and/or system from a disproportion between the means necessary to overcome it and the means available to the affected community;

(e) Emergency: It is a situation, a damage caused by an adverse event of natural origin or caused by human beings, which, by its magnitude, can be treated by locally available means;

(f) Adverse event: It is a situation, event or fact that causes alteration in the lives of people, economy, social systems and the environment, caused by phenomena of natural origin or caused by human beings;

(g) Emergency management: Organization and administration of resources and responsibilities to address emergency and/or disaster-related aspects;

(h) Comprehensive Risk Management: It is a continuous, multidimensional, inter-ministerial and systemic process of formulating, adopting and implementing policies, strategies, planning, organization, management, implementation and control, practices and actions aimed at reducing the risk of disasters and their effects, as well as the consequences of activities related to emergency and/or disaster management. It includes mitigation actions, emergency management and recovery;

(i) Crisis management: Actions and measures to address emergencies and/or disasters. Constituted by two components: alertness and response;

(j) Risk map: Graphical representation, with qualitative and quantitative information, of the risks in a particular territory (country, province, region, area, municipality, district, community);

(k) Mitigation: Set of actions aimed at reducing, mitigating or limiting the effects generated by the occurrence of an event;

(l) Danger: Potential ability to cause harm that has a threat;

(m) Preparation: Set of actions aimed at planning, organizing and improving response capacity against the likely effects of adverse events;

(n) Prevention: Actions aimed at eliminating risk, either avoiding the occurrence of the event or preventing damage;

(o) Reconstruction: Set of activities aimed at repairing infrastructure, restoring production systems and recovering the daily lives of the affected community;

(p) Recovery: Set of actions following an adverse event that seeks to restore adequate and sustainable living conditions through the reconstruction and rehabilitation of the affected area, goods and services interrupted or damaged and the reactivation or impulse of the economic and social development of the community;

(q) Disaster risk reduction: Focus that includes the concept and practice of preventing and mitigating disaster risk through systematic efforts to analyse and manage the causal factors of emergencies and/or disasters, including reducing the degree of exposure to threats, reducing vulnerability of people and property, ensuring sound management of soils and environment, and improving preparedness for adverse events;

(r) Resilience: Capacity of a community, society or ecosystem to absorb the negative impacts produced, or to recover, once an emergency and/or disaster has occurred. It allows strengthening through the acquisition of experiences, to reduce one’s own vulnerability;

(s) Response: Set of actions taken to address the occurrence of an emergency and/or disaster, with the aim of saving lives, reducing health impacts, meeting the basic needs of the affected population, safeguarding material goods and preserving the environment;

(t) Rehabilitation: Set of measures and actions aimed at restoring the essential basic services of the community affected by an adverse event;

(u) Risk: Probability of a threat resulting in damages when acting on a vulnerable population;

(v) Early Warning System: Mechanism or tool for the provision and dissemination of timely and effective information prior to the manifestation of a threat, by identified responsible institutions, which allows for decision-making;

(w) Vulnerability: Internal factor of a community or system. Characteristics of society according to their context that make it susceptible to serious harm or loss in case a threat is made.

ARTICLE 3 — The National System for the Comprehensive Management of Risk and Civil Protection aims at the comprehensive protection of individuals, communities and the environment in the face of risk.

ARTICLE 4 — The National System for the Comprehensive Management of Risk and Civil Protection will be composed of the National Council for the Comprehensive Management of Risk and Civil Protection, the Federal Council for the Comprehensive Management of Risk and Civil Protection.

Chapter II

National Council for the Comprehensive Management of Risk and Civil Protection

ARTICLE 5 — The National Council for the Comprehensive Management of Risk and Civil Protection is the highest decision, coordination and coordination of the resources of the national State. Its purpose is to design, propose and implement public policies for comprehensive risk management.

ARTICLE 6 — The functions of the National Council for the Comprehensive Management of Risk and Civil Protection:

(a) To identify policies and strategies for the implementation of the comprehensive risk management process within the National System for the Comprehensive Management of Risk and Civil Protection;

(b) Establish mechanisms for the coordination and coordination of actions of national agencies on comprehensive risk management;

(c) Promote and regulate the participation of non-governmental organizations, civil society and the private sector;

(d) Design, determine and implement a national policy of training and training in comprehensive risk management, taking into account gender equity issues and respect for indigenous cultures;

(e) Promoting the development of resilient communities to contribute to strengthening their capacities;

(f) To promote the conclusion of technical cooperation agreements and agreements with public and private, national and international agencies on comprehensive risk management;

(g) Participate in proposals for the implementation of international cooperation mechanisms and systems;

(h) To intervene in the development of national documents and reports for submission to international bodies and conferences;

(i) Develop the National Information Centre for Comprehensive Risk Management;

(j) Promoting scientific and technical research for the formulation of public policies in comprehensive risk management;

(k) Designing an information system as a network to improve communication mechanisms between the Nation, the provinces, the Autonomous City of Buenos Aires and the municipalities;

(l) To contribute to the strengthening of appropriate mechanisms for the use of human, material and financial resources for emergency and/or disaster care and rehabilitation;

(m) Adopt risk reduction, crisis management and recovery plans;

(n) Declaring emergency disaster situation.

ARTICLE 7 — The Presidency of the National Council for the Comprehensive Management of Risk and Civil Protection shall be exercised by the national Executive and shall be composed of the agencies, divisions and civil society organizations mentioned in the annex to this Act, without prejudice to those that are included in the future.

(Article replaced by art. 18 of the Law No. 27.547 B.O. 8/6/2020. Watch: from the day of its publication in the Official Gazette of the Nation. )

ARTICLE 8 — The National Council for the Comprehensive Management of Risk and Civil Protection has for its operation an Executive Secretary under the presidency of the Council that will have the following functions:

(a) To advise the Council on the development of plans and programmes in comprehensive risk management;

(b) Prepare periodic reports for the members of the Council;

(c) To technically assist the members of the Council in:

1. The development of actions on comprehensive risk management.

2. The design of training and training policies in comprehensive risk management.

3. Actions to strengthen resilient communities.

4. The conclusion of technical cooperation agreements and agreements with public and private agencies, national and international.

5. The proposals of the mechanisms and systems of international cooperation.

6. The preparation of documents and reports to be submitted to international agencies.

7. Promoting scientific and technical research on comprehensive risk management.

8. The development of risk reduction, crisis management and recovery plans and programmes within the National System for Comprehensive Risk Management and Civil Protection.

(d) Coordinate the actions of the National Information Centre for Comprehensive Risk Management;

(e) Coordinating the information and communication system among the members of the System;

(f) To direct actions and coordinate the use of the human, material and financial resources of the national State in the area of Comprehensive Risk Management;

(g) Assist, coordinate and monitor the implementation of comprehensive risk management plans and programmes;

(h) To instruct the National Fund for Integral Risk Management in the use of resources in accordance with the mandates of the Presidency of the National Council for Integral Risk Management and Civil Protection;

(i) To convene regular and extraordinary meetings of the National Council for Integral Risk Management and Civil Protection when the national executive branch so indicates;

(j) Propose complementary standards for the best functioning of the System;

(k) To coordinate the implementation of information and social communication policies among the various components of the system;

(l) Proposing the budgetary reorganization to obtain the necessary resources for the operation of the National System for the Comprehensive Management of Risk and Civil Protection;

(m) To sign technical cooperation and assistance conventions;

(n) Subscribe agreements for the establishment of the Network of Scientific-Technical Agencies for Integral Risk Management established in Article 15.

ARTICLE 9 — The Presidency of the National Council for the Comprehensive Management of Risk and Civil Protection, through the Executive Secretariat, shall convene two (2) ordinary meetings per year, at a minimum, without prejudice to extraordinary meetings to be held in the face of an event of magnitude in order to coordinate response, rehabilitation and reconstruction activities.

Chapter III

From the Federal Council for the Comprehensive Management of Risk and Civil Protection

ARTICLE 10. — The Federal Council for the Comprehensive Management of Risk and Civil Protection is composed of one (1) representative of the national executive branch, one (1) by each province and one (1) by the Autonomous City of Buenos Aires, all with rank not less than Assistant Secretary or equivalent, which will be appointed by the national executive branch, the Governors and the Head of Government of the Autonomous City of Buenos Aires, respectively. The Federal Council will also include those responsible for the Civil Protection or Civil Defence agencies of the Nation, the provinces and the Government of the Autonomous City of Buenos Aires.

ARTICLE 11. - The functions of the Federal Council for the Comprehensive Management of Risk and Civil Protection are:

(a) Understanding in the development, advice and coordination of regional and provincial public policies on comprehensive risk management;

(b) Promote regional integration for the implementation of public policies on comprehensive risk management;

(c) Develop and maintain updated a federal map of Comprehensive Risk Management.

ARTICLE 12. — The Federal Council for the Comprehensive Management of Risk and Civil Protection shall adopt its internal and operational regulations.

ARTICLE 13. — The Executive Secretariat established by Article 8, without prejudice to the functions established in relation to the National Council for the Comprehensive Management of Risk and Civil Protection, shall:

(a) Administratively assist the Federal Council for Integral Risk Management and Civil Protection in the coordination of meetings, with continuity of themes, backgrounds and priorities and preparing information for presentations;

(b) Channeling the flow of scientific and technical information;

(c) To propose modalities of work, meetings, agendas and calls for the development of the Council and for exceptional cases of emergency and/or disaster situations;

(d) Holdings for annual meetings and prepare the respective records;

(e) To propose mechanisms to articulate cooperation and assistance between the National Council for the Comprehensive Management of Risk and Civil Protection and the Federal Council for the Comprehensive Management of Risk and Civil Protection;

(f) Promote the creation of areas or agencies aimed at comprehensive risk management in the provinces, in the Autonomous City of Buenos Aires and the municipalities;

(g) Recommend the implementation of a policy framework in Comprehensive Risk Management in different jurisdictions.

Chapter IV

Other coordination bodies

ARTICLE 14. — Please refer to the Register of Civil, Voluntary and Non-Governmental Organizations for Integral Risk Management within the Executive Secretariat, which will aim to generate an area of exchange of experiences, coordination and coordination and presentation of programmes, plans and projects.

ARTICLE 15. — Refer to the Network of Scientific-Technical Agencies for Integral Risk Management (GIRCYT), which will aim to meet the specific information requirements of both Councils, and to link and make available to them the scientific and technical capacities, knowledge and information developed, channelling efforts and optimizing the use of resources.

It will be composed of scientific-technical public bodies, public and private universities, other institutions and bodies recognized in the academic field.

Chapter V

Financing for the Comprehensive Management of Risk and Civil Protection

ARTICLE 16. - Create the National Fund for Integral Risk Management with the objective of financing prevention actions managed by the Executive Secretariat of the National Council for Integral Risk Management and Civil Protection.

The resources of this Fund shall come from the General Budget of the Nation of the corresponding year, shall be budgetary and shall be governed by law 24,156 and its amendments.

ARTICLE 17. - Create the National Emergency Fund to finance and implement the response actions managed by the Executive Secretariat of the National Council for Integral Risk Management and Civil Protection.

The National Emergency Fund shall be a trustee and shall be governed by the rules for this institute, by this law and its regulations.

The economic resources of the National Emergency Fund, intended for response actions, will consist of:

(a) Contributions made by the Nation, the provinces and the Autonomous City of Buenos Aires;

(b) Donations and legacies;

(c) Financial assets;

(d) National and international loans available to the national State at the time of emergency and/or catastrophes;

(e) Taxes or charges that are created with specific impact on this trust;

(f) Any other remedy assigned to it.

ARTICLE 18. — The national executive branch will implement the constitution and regulate the functioning of both Funds.

The resources of the National Emergency Fund originating in financial asset incomes may be applied to prevention actions only with the authorization of the National Council for Comprehensive Risk Management and Civil Protection.

ARTICLE 19. — Contributions to the National Emergency Fund mentioned in subparagraph (a) of Article 17 may be made in money or in bonds of the jurisdiction providing in order not to affect the liquidity of the respective budgets during their constitution or their eventual recapitalization after a major event occurred.

The National Emergency Fund is entitled to the occurrence of an emergency or disaster, established by the National Council for Integral Risk Management and Civil Protection, to provide liquidity by selling its assets or by applying them as a guarantee in term operations aimed at obtaining short-term liquidity.

General provisions

ARTICLE 20. — The system created by this law operates independently from that established by law 26.509 (Agricultural Emergence) and any other specific system that exists or which is believed in the future.

Without prejudice to the above paragraph when the circumstances of the case so require by the National System for the Comprehensive Management of Risk and Civil Protection, it may act as a support network at the request of the competent authorities.

ARTICLE 21. — Deploy the decree of the National Executive Branch 1250/99 dated 28 October 1999.

ARTICLE 22. — Deploy the decision of the Ministry of the Interior 968/2011 of 19 July 2011.

ARTICLE 23. — The national executive branch shall designate the authority for the implementation of this law.

ARTICLE 24. — The national executive branch shall, within one hundred and eighty (180) days of the entry into force of this law, proceed to its regulation.

ARTICLE 25. — The resources that demand the implementation of this law will be allocated by the national executive branch through the relevant budgetary adjustments.

ARTICLE 26. — Invite the provinces and the Autonomous City of Buenos Aires to adhere to the terms of this law for the regulation of the National System for the Comprehensive Management of Risk and Civil Protection, in their respective areas.

ARTICLE 27. - Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTH DAYS OF THE SEPTEM OF THE YEAR DOS MIL DIECISÉIS.

— REGISTRATION BAJO N° 27287 —

EMILIO MONZÓ. - FEDERICO PINEDO. - Eugene Inchausti. — Juan P. Tunessi.

Annex

NATION PRESIDENCE

Nuclear Regulatory Authority

CONADIS (National Advisory Commission for the Integration of Persons with Disabilities)

GABINETE JEFATURA OF MINISTERS

ENVIRONMENT AND SUSTAINABLE DEVELOPMENT OF NATION

ACUMAR (Authority of Cuenca Matanza Riachuelo)

National Fire Management Service

Secretariat for Environment and Sustainable Development

NATIONAL COMMUNICATIONS

ENACOM (National Communications Service)

MINISTERY OF INTERIOR, PUBLIC ARTWORKS AND VIVIEW OF NATION

Municipal Affairs Secretariat

Secretariat of Provinces

Secretariat of Public Works

National Institute for Seismic Prevention

Prisoners Security Regulatory Agency

National Entity of Waterworks

Water and Sanitation Regulator

Undersecretariat for Water Resources

National Water Institute

MINISTRY OF EXTERNAL RELATIONS AND CULT OF THE NATION

White Helmets Commission

MINISTERY OF NATIONAL DEFENCE

Secretariat of Logistics Services for Military Defence and Coordination in Emergencies

National Meteorological Service

National Geographic Institute

Joint staff

Argentine Army

Armada Argentina

Argentine Air Force

MINISTERY OF NATION TRANSPORT

National Road Authority

PUBLIC FINANCIALS OF THE NATION

Economic Policy and Development Planning Secretariat

National Statistical and Census Institute

MINISTERY OF ENERGY AND NATION MINERY

National Atomic Energy Commission

National Electricity Regulator

National Gas Regulator

Mining Secretariat

Geological Service of Argentina

MINISTERY OF JUSTICE AND HUMAN RIGHTS OF THE NATION

Secretariat for Human Rights and Cultural Pluralism

National Institute against Discrimination, Xenophobia and Racism

EDUCATION AND NATION DEPORTS

Ministry of Education

MINISTERY OF SCIENCE, TECHNOLOGY AND PRODUCTIONAL INNOVATION OF NATION

Technical Scientific Cabinet

Secretariat of Technological Scientific Articulation

National Commission on Space Activities

MINISTERY OF WORK, COMPLEMENTATION AND SOCIAL SECURITY

Social Security Secretariat

ANSES (National Social Security Administration)

NATIONAL HEALTH MINISTERY

National Health Emergency Directorate

Ministry of Health and Community Health

Instituto Nacional de Servicios Sociales para Jubilados y Pensionados

Ministry of Social Development

Secretariat for Institutional Management and Articulation

MINISTERY OF NATIONAL TOURISM

Ministry of Tourism

MINISTERY OF AGROINDUSTRIA OF NATIONAL

Secretariat for Territorial Coordination and Development

National Institute of Agricultural Technology

MINISTERY OF NATIONAL SECURITY

Secretariat for Civil Protection and Integral Coordination of Emergencies and Catastrophes

Federal Police

National Gendarmerie Argentina

Naval Prefecture Argentina

Air Security Police


Red Cross Argentina (Text incorporated into the Annex by art. 19 of the Law No. 27.547 B.O. 8/6/2020. Watch: from the day of its publication in the Official Gazette of the Nation. )

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