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Agreements Roadways On The Uruguayan River (Brasil) - Full Text Of The Norm

Original Language Title: ACUERDOS PASOS VIALES SOBRE EL RIO URUGUAY (BRASIL) - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
ACUERDOS Law 25.619 Approve the Agreement signed with the Government of the Federal Republic of Brazil for the Facilitation of the Construction and Operation of New Road Steps on the Uruguay River. Sanctioned: July 17, 2002. Enacted: August 9, 2002.

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

ARTICLE 1 Appropriate the agreement between the Government of the ARGENTINA REPUBLIC and the Government of the BRAZIL FEDERAL REPUBLIC FOR THE FACILITATION OF THE CONSTRUCTION AND OPERATION OF NEW VITAL PASS ON THE URUGUAY RIO, signed in Florianópolis .REPULIC ARTICLE 2 Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, THE 17 JUL. 2002.

_

EDUARDO OR CAMAÑO. . JUAN C. MAQUEDA. . Eduardo D. Rollano.. Juan C. Oyarzún.

Agreed

ENTRE

THE GOVERNMENT OF THE

ARGENTINA REPUBLIC

And

THE GOVERNMENT OF THE REPUBLIC

BRAZIL FEDERATIVA

FOR

OF THE CONSTRUCTION AND

OPERATION OF NEW VITAL PASES

ON URUGUAY RIO

The Government of the Argentine Republic and the Government of the Federal Republic of Brazil (hereinafter the "Parts")

Taking into account the Treaty on Integration, Cooperation and Development, signed between the two countries on 29 November 1988;

Considering the provisions of Protocol No. 23 of 29 November 1988 on the expansion of physical integration between the two countries;

Recalling the will expressed in the Joint Communiqué signed by the Presidents of the two countries on 11 November 1997, especially in paragraph 12 on the Itaquí-Alvear road connections; Porto Mauá-Alba Posse and Porto Xavier-San Javier, and

Bearing in mind the understandings between the Minister of Transport of Brazil and the Minister of Infrastructure of Argentina, on the occasion of the Tripartite Meeting of Ministers held in Montevideo, Uruguay, on 23 March 2000;

Remember:

ARTICLE I

The Parties undertake to initiate, through their respective competent authorities and with the required speed, the examination of the issues related to construction and exploitation, preferably through the public works concession regime, of three new road bridges on the Uruguay River, including their complementary works and accesses, in front of the border municipalities of Itaquí-Alvear; Porto Mauá-Alba Posse and Porto Xavier-San Javier.

ARTICLE II

For the purposes referred to in Article I of this Agreement, the Parties establish a Binational Commission for the New Bridges on the Uruguay River, henceforth designated as the Binational Commission, integrated

(a) by the Brazilian Party, the Ministry of Transport, the Ministry of Foreign Affairs, and other national agencies,

(b) by the Argentine Party, by the Secretariat of Public Works, the Ministry of Foreign Affairs, International Trade and Worship and other national agencies, in the same number of representatives of each country, according to designation that each party shall communicate to the other within sixty (60) days of the date of entry into force of this act.

ARTICLE III

The Binational Commission should consider in its work the decisions and agreements resulting from Protocol No. 14 (Transportation on Land) of 10 December 1986, including those relating to harmonized border control measures.

ARTICLE IV

1. Compete a la Comisión Binacional:

(a) To collect the necessary background for the development of the Terms of Reference for the procurement, in the private sector, of a comparative study of feasibility of the three new road connections mentioned, to consider the physical, environmental, economic, financial and legal aspects of the undertaking, as well as any other considering necessary by the Commission, by providing in its results a technical priority order for the implementation of the projects;

(b) To analyse and determine, on the basis of these studies, the next steps in view of the realization of the projects that the Parties decide to implement;

(c) To prepare the necessary documentation for the conduct of public tendering and the subsequent award for the construction and exploitation of new bridges, the realization of their complementary works and accesses, having to be subject to the prior approval of the parties, as well as taking into account the decision that they should be made preferably under the regime of the granting of public works, without the endorsement of the Governments and without guarantee of minimal transit;

(d) In the event of a decision to perform works by the public works concession system to establish the conditions to be met by the concessionaires for the construction and exploitation of the respective concessions;

(e) Designate a representative of each Party prior to the tender to integrate a control agency, which shall have the function of supervising the performance of the concession contract over its time period.

2. The Binational Commission will have full powers to request technical assistance and any information it deems necessary.

ARTICLE V

1. The costs relating to the expropriations necessary for the implementation of the works, as well as the railway and road connections to the point of access to the works contracted, in each national territory, shall be the exclusive responsibility of the respective Party, in accordance with the conditions that are agreed internally with its local or regional governments.

2. The costs of the comparative feasibility study referred to in Article IV, item 1, letter a, shall be covered by the Parties in a proportion of 50 per cent for each.

3. Each Party shall be responsible for the costs arising from its representation in the Binational Commission.

4. The costs of the studies, projects and works relating to the construction of each concessional bridge, its complementary works and accesses, will be borne by consortium to the corresponding tender.

ARTICLE VI

1. The Parties shall be notified of the performance of the respective domestic legal formalities necessary for the validity of this Agreement, which shall enter into force from the second notification.

2. Any Party may at any time denounce this Agreement by diplomatic means and in advance of one year.

Made in the city of Florianópolis on December 15, 2000, in two originals in Spanish and Portuguese.