The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:ARTICLE 1 Approval of the new TECHNICAL ADMINISTRATIVE REGULATION OF THE MIXTA ARGENTINO-PARAGUAYA COMMISSION OF THE PARANA RIO, signed by the ARGENTINA REPUBLIC and the REPUBLIC OF PARAGUAY in Buenos Aires on 15 April 1998, which is annexed to the present law (2) and a part of the present law ARTICLE 2 Contact the national executive branch.
DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, 22 MAY 2002.
EDUARDO O. CHANGE. . JUAN C. MAQUEDA. . Eduardo D. Rollano. . Juan C. Oyarzún. Minister for Foreign Affairs, International Trade and Worship
Buenos Aires, April 15, 1998.
I have the honour to inform you that the Argentine Government approves the new text of the "Administrative Technical Regulations" of the Paraguayan Joint Argentine Commission of the Paraná River, which replaces the text adopted by the Agreement of 31 July 1972 and constitutes the annex to the present.
In the case of conformity with the Government of the Republic of Paraguay, this Note and the favorable response that Your Excellency has to address me will constitute an Agreement between our Governments, which will enter into force on the date of the last notification by which the Parties communicate the fulfilment of their necessary internal requirements for their entry into force.
I would like this occasion to reiterate to you the expressions of my highest and most distinguished consideration.
A. S.E. THE MINISTER
THE REPUBLIC OF PARAGUAY
D. Ruben MELGAREJO LANZONIGood men.
ADMINISTRATIVE TECHNICAL REGULATIONS OF THE UNITED NATIONS
For the purposes of these Regulations:
A: The Governments of the Argentine Republic and Paraguay, by ALTAS CONTRACTING PARTIES.
B: By Convention, the Convention of 16 June 1971 signed between the High Contracting Parties on the study and use of the resources of the Paraná River.
C: By COMIP, the Paraná River Joint Commission, established by the Convention of 16 June 1971.
D: By PARAGUAYA DELEGATION, the group constituted by the Delegate and the advisers appointed by the Republic of Paraguay to integrate the COMIP.
E: By ARGENTINA DELEGATION, the group constituted by the Delegate and the Advisers appointed by the Argentine Republic to integrate the COMIP.
F: By DELEGADOS, the Delegates (one for each country) appointed by the High Contracting Parties in accordance with the Convention.
G: By ASESORES, the persons designated by each Government to integrate with that character the Respective Delegation and the COMIP, according to the Convention.
H: By REVERSAL NOTES, diplomatic notes, relating to the Convention, exchanged between the High Contracting Parties.
I: By FUNCIONARIO, staff appointed permanently or contracted by the COMIP, and by FUNCIONARIO COMMISSIONER the staff of the National Administrations designated by the COMIP, to provide technical or administrative services under the conditions agreed upon.
J: At the meeting, the concurrence of both delegations to deliberate. They are ordinary when they are fulfilled in the regular periods that set out this Regulation. It is extraordinary that are carried out in addition to those.
K: By SESSION, the deliberative acts in which each meeting is divided.
L: By regulation, these Administrative Technical Regulations and any amendments that may be agreed upon by the High Contracting Parties.
M: By TRIPARTITO AGREEMENT, the Agreement between the Governments of the Republic of Paraguay, the Argentine Republic and the Federal Republic of Brazil on 19 October 1979.
N: By CONCESION, the administrative act by which a natural or legal person is granted the right to exercise the exploitation of the resource for the purposes of electrical generation or others.
O: By HIDROVIA, the Paraná River in the contiguous stretch from its confluence with the Paraguay-Paraná Hidrovía to its link with the Tieté-Paraná Hidrovía.
The COMIP OBJECT is to comply with what the Convention, the Tripartite Agreement and the Reversal Notes and other documents or instructions of the Governments instruct it.
In order to achieve this objective, the COMIP may act directly or through contracted natural or legal persons or by agreements with international agencies or other official or private agencies, exercising the supervision of all studies and works.
COMIP shall be governed by the rules laid down in the Convention of 16 June 1971, by the other diplomatic instruments relating to the existing Convention and by which they are agreed in the future, by these Regulations and by the rules that are issued accordingly.
COMIP is an international body that enjoys the legal capacity of the Convention. Therefore, COMIP may acquire rights and contract obligations and, with any other subject of law, hold the acts and contracts necessary for the purpose.
OF THE SEDES AND OFFICES OF THE
The COMIP will have headquarters in the city of Buenos Aires, the capital of the Argentine Republic, and Headquarters in the city of Asunción, the capital of the Republic of Paraguay.
The meetings will be held alternately at Headquarters and at Headquarters Buenos Aires, in accordance with articles 14 and 15 of these Rules.
When circumstances so advise, meetings may be held anywhere else the Delegates agree.
The COMIP, upon the authorization of both Governments, may create and install the technical and administrative offices it deems necessary and where appropriate. The State, in whose territory new offices are created, will assume the cost of installation and maintenance of them. The established technical and administrative offices shall operate with specific delegation of authority and shall be subject to control and control.
The location of these offices will be observed, as far as possible, the principle of equitable geographical distribution between the two countries.
RELATIONS WITH THE ALT PARTIES
The COMIP shall be addressed to the High Contracting Parties through the respective Ministries of Foreign Affairs, to which it shall also send copies of the proceedings, Views, Resolutions and any information it deems appropriate.
The COMIP may direct and request from the Ministries, Entities and Decentralized Services, from the other national, provincial, departmental and municipal divisions of each country, from international agencies and other public or private agencies or institutions the technical information, as well as the resources necessary for the fulfilment of its mandate.
ORGANIZATIONAL CONSTITUTION AND REGIMEN
The COMIP is constituted by the Delegations of both High Contracting Parties. The authority and legal representation of COMIP are exercised jointly by the two Delegates.
Delegates shall exercise the Presidency of COMIP for semi-annual and alternate periods.
The President is the administrative head of the COMIP and executes the resolutions decided in common with the other Delegate.
The President shall submit to the other Delegate a copy of any documentation he or she subscribes to as such.
In the particular case of correspondence or documentation provided for in Articles 6 and 7, they shall be subscribed together with the other Delegate.
Any documentation that compels or commits to the COMIP must be signed jointly by both Delegates.
The Delegates will jointly decide on the administrative regime of COMIP, having to account for their decisions at the next Ordinary Meeting.
DECISIONS AND RESOLUTIONS
The decisions of the COMIP will be made at Meeting by both Delegates. The Advisers will have a voice but no vote; however, they may leave their views expressed in Actas regarding the decisions taken.
For each decision taken, the corresponding resolution will be prepared. The resolutions shall be enumerated in correlative terms and shall refer to the respective Act, Meeting or Session in which they were adopted.
In the event that the Delegates do not agree on the decisions to be taken, they will report separately to the respective Governments to determine the most desirable solution.
COMIP shall normally be governed at least every three months, but each Delegate may apply for a Special Meeting.
The COMIP will set the date and venue for each Ordinary Meeting. With due anticipation, the Administrative Secretariat will send to each delegation the respective summons, in the detail of the object of the Call.
When a Delegate requests the Extraordinary Meeting, the Meeting shall be held within a period of not more than 15 days, from the date of his request and taking into account the urgency of advising the subject for which he was convened.
The meetings will be chaired alternatively by the two Delegates.
The meetings of the COMIP shall be recorded in Actas, numbered in correlative terms, which shall be signed by both Delegates and an Adviser for each Delegation, which shall be considered at the end of the meeting.
The Acts shall contain a summary of the presentations and resolutions adopted by COMIP, without prejudice to the elaboration of it in a detailed manner when so decided by special circumstances.
Copies of the Acts, duly legalized, must be handed over to both Delegations within ten days of their approval.
The COMIP may, for purposes of temporary or permanent studies and advice, integrate subcommissions with Delegates, Advisers, or COMIP officials with Government Agency officials who may meet at the place where circumstances so advise.
The COMIP shall, in accordance with the Convention and the present Regulations, render the Internal Regulations and Regulations necessary.
Semi-annually, COMIP will submit to both Governments a report on the tasks developed.
Each year it will present to both Governments the Balance of budget accounts audited as established.
Without prejudice to the arteriorly established, the COMIP will inform the Governments of such matters as it deems appropriate to inform them.
The COMIP, at the request of any High Contracting Party, will provide reports on matters within its competence.
DESIGNATION OF PERSONAL
The COMIP shall designate the technical, administrative, workers and teachers ' staff that it deems necessary and appropriate for the fulfilment of their duties. And it will be done, as much as possible, among the nationals of both countries.
Any Delegate may propose the appointment of members of their respective national administrations to serve "in commission" in the COMIP as its officials. The proposal must be approved by the other Delegate.
The appointment of such commissioned staff shall be subject to the disciplinary regime provided for in the Staff Regulations of COMIP.
Salaries, social burdens and any other kind of remuneration received by the so-called officials shall be supported by the Government that proposed them, without this originating any work responsibility for COMIP for them.
FRENCH ADUANERS, TRANSITIONAL AND IMPOSITIVE EXENSIONS
For the purposes of compliance with Articles XIII, IX, X and XI of the Convention, COMIP shall request from Governments the adoption of all relevant measures.
The COMIP shall provide its staff with appropriate means of identification, for the purposes of compliance with the previous article and shall credit them to the respective Governments in accordance with the existing rules.
All material, instrumental and equipment owned by COMIP will be properly classified and invented and its use, conservation and administration will be regulated.
The COMIP will issue certificates of verification for materials, equipment, implements, etc., for the studies and works that they demand, where appropriate.
ORGANIZATION OF SERVICES
The Delegates of common agreement shall establish the administrative organization of the functional structure of the COMIP of both Headquarters and its eventual modifications. For this purpose, rules relating to accounting and financial functioning shall be developed and adopted; staff, recruitment, performance and delinking; and other rules on matters deemed appropriate.
BUDGET AND FUNDS
Annually, at the time when the COMIP is determined, it will make the Expenditure and Investment Budget.
The COMIP shall request and/or receive the contributions referred to in the Convention and the Reversal Note dated 26 March 1992, through the respective Delegates of each country.
The maintenance and operation of the headquarters and the offices installed in the Republic of Paraguay, as well as the salaries of its staff, will be funded by the funds provided by the Paraguayan delegation, while the maintenance and operation of the headquarters and the offices installed in the Argentine Republic, as well as the salaries of its staff, will be financed with the funds provided by the Argentine delegation.
These funds will enter a bank account entitled "Comisión Mixta Paraguayo-Argentina (o Argentino-Paraguaya) del Río Paraná", to the joint order of the two Delegates.
In accordance with operational requirements, COMIP may constitute other bank accounts in national or foreign currency.
The Paraguayan delegation shall adjust the status of the staff members appointed by the Government of its country to serve at the Asunción Headquarters in accordance with the provisions of this Regulation, within a hundred and eighty days of their entry into force. To this end, the Argentine delegation, on the proposal of the Paraguayan delegation, will agree on the corresponding designations.
Ministry of Foreign Affairs
N. R. No. 5/98
Buenos Aires, April 15, 1998.
I have the honour to address Your Excellency in order to refer to your Note on the day of the date that reads:
I have the honour to inform you that the Argentine Government approves the new text of the "Administrative Technical Regulations" of the Paraguayan Joint Argentine Commission of the Paraná River, which replaces the text adopted by the Agreement of 31 July 1972 and constitutes the annex to the present. In the case of conformity with the Government of the Republic of Paraguay, this Note and the favorable response that Your Excellency has to address me will constitute an Agreement between our Governments, which will enter into force on the date of the last notification by which the Parties communicate the compliance of their necessary internal requirements for their entry into force.
I encourage this occasion to reiterate to you the expressions of my highest and most distinguished consideration."
In this regard, and in expressing my Government ' s conformity with the above-mentioned Rules of Procedure, I agree on behalf of the Government of the Republic of Paraguay that this Note and that of Your Excellency constitute an Agreement between our Governments, which shall enter into force on the date of the last notification by which the Parties communicate the fulfilment of their necessary domestic requirements for its entry into force.
I take this opportunity to reiterate to you, the expressions of my highest and most distinguished consideration.
RUBEN MELGAREJO LANZONI, Minister
A. S.E. MINISTER
INTERNATIONAL TRADE AND CULTOMER
OF THE ARGENTINA REPUBLIC
D. Guido DI TELLAGood men.