Agricultural Emergency National System For The Prevention And Mitigation Of Emergencies And Agricultural Disasters - Creation - Full Text Of The Norm

Original Language Title: EMERGENCIA AGROPECUARIA SISTEMA NACIONAL PARA LA PREVENCION Y MITIGACION DE EMERGENCIAS Y DESASTRES AGROPECUARIOS - CREACION - Texto completo de la norma

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
AGROPULARY EMERGENCY LEY 26.509 Consider the National System for the Prevention and Mitigation of Emergency and Agricultural Disasters. Sanctioned: August, 20 of 2009. Promulgated: August, 27 of 2009.

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

NATIONAL SYSTEM FOR THE PREVENTION AND MITIGATION OF AGROPULARY EMERGENCIES AND DISASTERS PART I In the context of the Ministry of Agriculture, Livestock, Fisheries and Food, the National System for the Prevention and Mitigation of Emergencies and Agricultural Disasters, with the objective of preventing and/or mitigating the damage caused by climate, meteorological, thermorial, biological or physical factors, which significantly affect the production and/or capacity of agricultural production, or indirectly exploiting the family communities. PART II of the National System for the Prevention and Mitigation of Emergency and Agricultural Disasters The Ministry of Agriculture, Livestock, Fisheries and Food will establish the structure and implementation of the National System for the Prevention and Mitigation of Emergencies and Agricultural Disasters. To that end, a Consultative Council for Agricultural Emergency, composed of one (1) representative of the Ministry of Agriculture, Livestock, Fisheries and Food, will preside over it by the National Commission for Emergency and Agricultural Disasters, one (1) representative for each of the agroecological regions established in the Federal Agricultural Council, two (2) representatives of the national universities, and up to two (2) representatives of other bodies that are considered to be relevant to the international scientific system.

The mission of the Consultative Council will be to make observations and proposals regarding the monitoring and evaluation mechanisms of the System created by this Law, for which:

(a) It shall meet at least once a year to examine: plans, monitoring and evaluation reports, and any other matter that is submitted to it by its presidency, being empowered to do so, to require information on the Fund ' s balance sheets and applications created by this law;

(b) It may propose to the implementing authority plans and review administrative circuits, internal procedures, forms and forms, modalities of contracts, information systems and all activities that allow the implementation of the objectives for which the System is constituted.

Article 3 Créase the National Commission for Agricultural Emergencies and Disasters that will consist of one (1) representative and one (1) alternate of the ministries of Production, Economics and Public Finance, the Interior, the Ministry of Agriculture, Livestock, Fisheries and Food, the National Meteorological Service, the National Institute of Agricultural Technology, the Banco de la Nación Argentina, the Central Bank of the Argentine Republic, the Federal Government of Public Income (1) ARTICLE 4 The members of the National Commission for Emergency and Agricultural Disasters may be replaced at any time by the agencies and entities they represent.

The alternate representatives shall replace the holders in the event of their absence or impediment.

Representatives of the agricultural sector shall be appointed by the Ministry of Agriculture, Livestock, Fisheries and Food on the proposal of the syndicated entities in Article 3 of this Law.

The National Commission for Emergencies and Agricultural Disasters will be able to incorporate representatives of national, provincial and private entities for their temporary integration.

The members of the National Commission for Emergency and Agricultural Disasters will not receive fees or retributions for their functions, and they will only be able to receive road transport.

ARTICLE 5o The functions of the National Commission for Agricultural Emergency and Disasters will be:

(a) To propose to the national executive branch, through the Ministry of Agriculture, Livestock, Fisheries and Food the declaration of agricultural emergency of the affected area with delimitation of the territorial area, when factors of climatic, meteorological, theological, biological or physical origin, which are not foreseeable or are inevitable, due to their intensity or extraordinary character, affect the production or capacity of production of a region seriously hampering the evolution of agricultural activities and

(b) It should also propose the date of initiation and completion, depending on the time it is intended to cover the emergency and/or agricultural disaster and the period for the recovery of the farms.

ARTICLE 6 The states of agricultural emergency or disaster zone must be declared previously by the affected province, which must request the adoption of the same decision in the national order by the National Commission for Emergency and Disasters, and must be issued within a period not exceeding twenty (20) days. ARTICLE 7 The declaration of emergency and/or agricultural disaster will not correspond, when the analysis that determines the state of agricultural emergency concludes that the situation is of a permanent nature. ARTICLE 8 To enjoy the emerging benefits of this law:

(a) Producers in agricultural emergency zones should be affected in their production or production capacity at least fifty per cent (50%);

(b) Producers in disaster zones must be affected by their production or production capacity at least eighty percent (80%);

(c) Producers in disaster zones that are affected in their production or production capacity of less than 80 per cent (80%) shall enjoy the benefits established for the areas of subparagraph (a) under the conditions established by it. The competent authorities of each province shall extend to the affected producers a certificate that credits the above-mentioned conditions, who shall have to submit it for the purposes of the accommodating to the benefits of this Act.

In order to enjoy the benefits of this Act, provincial governments shall take measures similar to those set out in their respective jurisdictions.

Procedures for the National System for the Prevention and Mitigation of Emergencies and Agricultural Disasters The Ministry of Agriculture, Livestock, Fisheries and Food will manage the declaration of the state of emergency and/or agricultural disaster proposed by the National Commission for Emergency and Agricultural Disasters.

Declared the state of emergency and/or agricultural disaster, the Ministry of Agriculture, Livestock, Fisheries and Food shall:

(a) Allocation and/or reallocation of human, financial and other resources required by the state of affairs;

(b) Manage supplementary budgetary resources to the Chief of Staff of Ministers;

(c) Technically and financially assist producers in restoring financial, productive and economic capacity.

(d) Assist technically and financially public entities during the state of emergency and/or agricultural disaster. Public entities are defined as those units of the State or decentralized or deconcentrated entities of the national State, provinces or municipalities that develop plans, programmes or actions within the framework of this law to reduce the vulnerability of agricultural producers and rural populations;

(e) Coordinate with the provinces, municipalities, Banco de la Nación Argentina, provincial or municipal financial agents, assistance to the agricultural producers affected by adverse phenomena, facilitating, subject to conditions established by the enforcement authority, the provision of resources in time and form.

ARTICLE 10. The Ministry of Agriculture, Livestock, Fisheries and Food, directly and/or in conjunction with the provincial, municipal or communal states, will implement actions after the period covered by the emergency and/or agricultural disaster to:

(a) Assist financially the reconstitution of the productive apparatus;

(b) Control and monitoring of the assistance system so that the resources allocated are intended for the purposes proposed by this Act;

(c) Assist agricultural producers to reduce losses during the emergency and/or agricultural disaster, recover the productive capacity of production systems and reduce vulnerability for future events.

ARTICLE 11. The Ministry of Agriculture, Livestock, Fisheries and Food will organize, together with the provincial jurisdictions, appropriate actions to prevent and reduce possible damage to future emergencies and/or agricultural disasters, for which it will be carried out:

(a) Planning, organization and implementation of actions to identify and/or monitor and/or prevent and/or morgue the risks that may result in emergencies and/or agricultural disasters, as well as all measures and activities developed to reduce and/or prevent vulnerability and potential losses;

(b) Identification and assessment of the level of vulnerability, warning systems, land use, current protection of more vulnerable sites;

(c) Establish guidelines for action prior to the occurrence of climate, meteorological, biological, theological or physical events that may potentially create emergency situations and/or agricultural disaster;

(d) Collaborate with provincial governments to assist agricultural producers in organizing and operationalizing comprehensive programmes for the prevention and reduction of levels of vulnerability to emergencies and/or agricultural disaster and preparing the rural population to act on the occurrence of such programmes;

(e) Collaborate with provincial governments in the development and coordination of provincial subprogrammes to prepare the population for emergencies and/or agricultural disasters.

ARTICLE 12. The resources allocated in the general budget law for prevention actions, and the resources of the Fund established by this law to mitigate and/or repair damage caused by emergencies and agricultural disasters shall include:

1. Expenditure of investment and operation of public entities that will develop systems of prevention, land management, mitigation measures and preparation of agricultural producers to reduce vulnerability;

2. Investment and operation costs for direct beneficiaries resulting from mitigation measures or to reduce the vulnerability of their productive units at greater risk of potential emergencies and/or agricultural disasters.

3. Continuous specific emergency prevention and mitigation programmes and/or agricultural disasters developed by the Ministry of Agriculture, Livestock, Fisheries and Food.

ARTICLE 13. The resources allocated in the general budget law for the prevention actions and resources of the Fund established by this law to mitigate and/or repair the damage caused by emergencies and agricultural disasters for public entities shall be:

(a) Single-time grants for the development of projects, organization of the beneficiary community, systems for monitoring and transfer of information, works of protection, realization of risk maps, among other preparation actions for the possible occurrence of adverse events;

(b) Grants for operating expenses of the warning systems formed during the first three (3) years.

ARTICLE 14. For the implementation of the National System for the Prevention and Mitigation of Emergencies and Agricultural Disasters, the Ministry of Agriculture, Livestock, Fisheries and Food will be able to establish technical and economic assistance agreements with decentralized public entities, legally authorized in the national, provincial or local order to carry out prevention and action activities during and after the emergency and/or agricultural disaster, subject to the conditions established by the implementing authority. ARTICLE 15. The costs that demand the implementation of all actions and the prevention policy set out in this Act shall be met with the resources allocated annually by the general budget law and shall in no case affect the resources provided for in the Fund established in Article 16. PART III of the financing of the system ARTICLE 16. Créase the National Fund for the Mitigation of Emergencies and Agricultural Disasters (FONEDA), which aims to finance the implementation of the National System for the Prevention and Mitigation of Emergencies and Agricultural Disasters. The administration of the Fund shall be carried out by the Ministry of Production. ARTICLE 17. The Fund ' s resources will consist of:

1. Those assigned annually by law of general budget for the national civil service. The resources of the permanent fund should be at least an annual amount equivalent to pesos. QUINIENTS MILLONES ($ 500,000.000).

2. Those who receive through inheritance, legacies and donations.

3. Fines charged for breaches of this law.

4. Those from national and international loans and others available to the national State at the time of emergency and/or agricultural disaster.

ARTICLE 18. The resources of the National Fund for the Mitigation of Emergencies and Agricultural Disasters will be exclusively intended to finance the programmes, projects and actions of the National System for the Prevention and Mitigation of Emergencies and Agricultural Disasters in order to mitigate and recompose the damage caused by the emergency and/or the agricultural disaster, through isolated or programmatic actions arranged on a concomitant and subsequent basis, as appropriate, to the occurrence of agribusiness. ARTICLE 19. All information will be of character and public access. The Ministry of Agriculture, Livestock, Fisheries and Food will publish on the Internet all information on the functioning of the Commission, the allocation and use of the Fund ' s resources and will be subject to the Comptroller of the General Audit of the Nation. PART IV of beneficiaries and benefits ARTICLE 20. Agricultural producers affected by adverse events in their productive units are direct beneficiaries, who must reconstitute their production or productive capacity in the wake of emergencies and/or agribusiness disaster, and also the most vulnerable as a result of them, to undertake prevention or mitigation actions within the framework of the present law, especially those producers whose production capacity has been affected in such magnitude that hinders their permanence in the productive system without the assistance of the National System ARTICLE 21. The resources of the National Fund for the Mitigation of Emergencies and Agricultural Disasters allocated to direct mitigation beneficiaries will be:

(a) Non-reimbursable contributions for investment costs to build facilities, equipment, foundational improvements or other investments that reduce the vulnerability of small agricultural producers;

(b) Establish special credit lines, or ensure by itself or through mutual assurance societies such credits to finance investment and work capital expenses for structural mitigation measures in the agricultural establishment and grace periods of up to two (2) years even by establishing bonuses of non-reimbursable rates or sections of capital.

ARTICLE 22. Declared the state of agricultural emergency or disaster, the National Fund for the Mitigation of Emergency and Agricultural Disasters will be able to provide:

1. Special financial assistance for affected producers: national, official or mixed banking institutions shall be assisted by agricultural producers covered by the emergency declaration or disaster zone, applying according to the individual situation of each producer and with regard to the credits granted for its agricultural exploitation, the following special measures:

(a) Expects and renews at the request of the stakeholders of the outstanding obligations to the date on which to set as the initiation of the emergency or agricultural disaster and until the next productive cycle, under the conditions established by each banking institution;

(b) In the areas of emergency or agricultural disaster, credits to achieve the continuity of the farms, the recovery of the economies of the affected producers, and the maintenance of their staff, with unified interest rates in twenty-five per cent (25%) in the areas declared in agricultural emergency and in fifty per cent (50%) in the areas of disaster on those in place for these operations;

(c) Prior analysis of each case of the debts maintained by producers with each intervening banking institution, in the conditions established by the latter;

(d) Suspension of up to 90 (90) days and/or productive cycle after the end of the period of agricultural emergency or disaster zone of the initiation of trials and administrative procedures for collections of aggravations that have expired prior to the emergency or agricultural disaster.

Trials already initiated should be paralyzed until the time limit set out in the preceding paragraph. During the same period, the course of the procedural terms of the expiry of an instance and statute shall be suspended;

(e) The Central Bank of the Argentine Republic shall grant the requests for credit assistance from the national, provincial and private official institutions, which have implemented the measures provided for in subparagraph (b) of this article or related the rates of recounting to the provisions of that paragraph.

2. Technical and financial assistance by making non-reimbursable contributions to investment and operation costs to replenish productive capacity, with preference to family producers with small production and subsistence scales. Facilitating in such cases compliance with the formal requirements required for access to the benefits of the system.

ARTICLE 23. The following special tax measures shall be taken for those responsible who, on the occasion of the emergency and/or agricultural disaster, are committed to their sources of income, provided that agricultural exploitation is located in it and constitutes its main activity:

(a) Extension of the expiration of the existing taxes or the creation of such taxes as grave the assets, the capitals, or the profits of the farms affected, whose maturity is incurred during the period of the state of agricultural emergency or disaster zone.

The extensions for the payment of the aforementioned taxes will have a deadline until the next productive cycle to that in which such period ends. They will not be subject to updating the nominal debt values;

(b) The National Executive Branch is empowered to fully or partly exempt taxes on personal property and the presumed minimum profit on property belonging to agricultural and rural property leased respectively, located within the disaster zone and affected by this extraordinary situation.

To graduate the above-mentioned exemptions, the national executive branch will evaluate the intensity of the event and the duration of the disaster period, and the benefit may be extended to the next productive cycle after the end of the event;

(c) When forced sales of bovine, ovine, caprine or swine are produced, it can be deducted into the tax balance of the profit tax, the hundred percent (100%) of the profits derived from such sales. This deduction will be computed in the fiscal exercises in which sales would have taken place.

For the purposes of the deduction provided for in this article, the amount resulting from subtracting to the net sale price of the respective hacienda, the tax value recorded in the last inventory, shall be taken.

The sale that exceeds in quantity of heads, the average of those made by the taxpayer in the two (2) exercises prior to that in which the zone has been declared in state of emergency or agricultural disaster, considering each species and category separately and to the extent that the surplus is covered by operations carried out during the period within the fiscal year in which the area was declared in state of emergency or agricultural disaster. If the exploitation has begun in the previous year, the sales made in that exercise will be taken as a comparison index.

The responsible taxpayers who make use of these franchises must replenish at least fifty per cent (50%) of the amount of heads sold forcibly from the same species and category, no later than the closing of the fourth exercise, counted from the end of the period of emergency or agricultural disaster and maintain the new existence at least two (2) exercises after the end of the replenishment.

If these requirements are not met, they must be refunded to the tax balance of the year in which the default occurs, the deduction made that corresponds to the amount obtained by the forcible sales, not reinvested in the replenishment of animals or the replacement not maintained during the specified period;

(d) Release in the disaster zones, the tariff payment of the National Treasury Market, to the goods entering the market from disaster zones;

(e) The Federal Public Income Administration shall suspend until the next productive cycle after the end of the emergency or agricultural disaster, the initiation of prosecutions for the collection of taxes owed by taxpayers under this Act.

Proceedings under way for the collection of taxes covered by the franchise should be paralyzed until the expiration of the time limit set out in the preceding paragraph.

During the same period, the course of the procedural, prescribing and expiry of the proceedings shall be suspended;

(f) The Federal Public Income Administration shall issue the relevant supplementary rules for the implementation and control of the benefits agreed upon by this Act.

In the order of public works, the allocation of items will be carried out as a matter of urgency in order to carry out the repair and/or construction of the public works affected or that are necessary as a result of the factors that gave rise to the declaration of the state of agricultural emergency or of the disaster zone, following a study of the set of the same ones that would enable the establishment of priorities for the use of the funds available.

ARTICLE 24. Economic aid established in preventive and mitigation measures should consider the principle of equity and give priority to agricultural producers considered to be family farmers. PART V of the Penalties ARTICLE 25. Any person who obtains any of the benefits of this law through the forgery of a document or the adulteration of a true one shall be punished by a fine that shall be up to ten (10) times the equivalent of the sum of the benefit obtained. ARTICLE 26. Any person who gives the benefits set forth in this Act a destination, in whole or in part, other than the purpose for which they were granted shall be repressed with a fine that shall correspond to up to ten (10) times the equivalent of the sum of the benefit obtained. ARTICLE 27. The use of false or adulterated instruments, a forged document, an adulteration of a document, in order to support the expenses of the benefits set out in this law shall be punished with a fine equivalent to up to twenty (20) times the amounts fraudulently backed. ARTICLE 28. It is applicable to the undue realization of the tax benefits set out in this Act, in addition to the provisions of the preceding articles, Articles 4 and 5 of Law 24,769. The denunciation of the wrongful person shall be carried out by the enforcement authority, the rules of the aforementioned tax criminal law apply. PART VI of the application ARTICLE 29. Scope of application. This law shall be applicable in the entire territory of the Argentine Nation. ARTICLE 30. . Implementing Authority. The Ministry of Production shall be the implementing agency of this law, and shall administer the Fund established by it. ARTICLE 31. The producers declared in an emergency or agricultural disaster may, provided that the exploitation is not carried out in areas considered ecologically unfit for the development of the agricultural activity, make use of the emerging benefits of this law, in exceptional cases duly founded when the risks and/or damages may be covered or protected under the insurance regime, subject to, the latter, the regulations of the Ministry of Agriculture, Fisheries and/or Farmers. ARTICLE 32. The resources of the Fund established in Article 17 and not used at the end of each exercise shall be affected in the following year to finance the prevention system set out in this Act. ARTICLE 33. Invite all provinces to accede to this legislation, by enacting laws within their jurisdiction that have a principal object similar to that of this law. ARTICLE 34. Default of Law 22.913 and its amendments and any other rule governing the matter.

Refer to articles 1 and 2 of Decree 632 of 1987.

ARTICLE 35. This law shall be regulated within 90 days of promulgation. ARTICLE 36. Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE TWENTY DAYS OF THE MONTH OF AUTHORITY OF THE YEAR.

_

JULY C. C. COBOS - EDUARDO A. FELLNER - Marta A. Luchetta - Juan H. Estrada

AGROPULARY EMERGENCY Decree 1144/2009 Partly observe Law No. 26.509.

As., 27/8/2009

VISTO the Bill registered under No. 26,509, sanctioned by the HONORABLE CONGRESS OF NATION on 20 August 2009 and

CONSIDERING:

That the draft law is created within the scope of the SECRETARIAT of AGRICULTURA, GANADERIA, PESCA and ALIMENTS of the MINISTERY of PRODUCTION, the National System for the Prevention and Mitigation of Emergencies and Agricultural Disasters, with the aim of preventing and/or mitigating the damage caused by climate, meteorological, theological, biological or exploitative

Article 16 of the Draft Law creates the National Fund for the Mitigation of Emergencies and Agricultural Disasters (FONEDA) to finance the programmes, projects and actions of the National System for the Prevention and Mitigation of Emergencies and Agricultural Disasters.

That the special measures for special financial assistance for affected producers set out in article 22 provide that the ARGENTINA REPUBLIC CENTRAL BANCO grant the requests for credit assistance from the national, provincial and private official institutions, which have implemented the measures provided for in subparagraph (b) of that article or related the discount rates to the provisions of that paragraph.

That the provisions of article 22, paragraph 1 (e), of the Bill would generate an exception to the prohibitions under the Organic Charter of the BANCO CENTRAL OF THE ARGENTINA REPUBLIC, adopted by Law No. 24,144 and amendments.

Accordingly, it is appropriate to observe article 22, paragraph 1 (e), of the Bill registered under article 26,509.

That article 32 of Bill No. 26.509 provides that the resources of the Fund established in article 17 and not used at the end of each exercise shall be affected in the following year to finance the prevention system set out in the aforementioned Act.

That in the absence of the financing of the FONEDA from a specific resource, but from General Revenues, it is not for the following year to affect the unearned credit balances.

Accordingly, it is appropriate to observe article 32 of the Bill registered under No. 26,509.

That the measures proposed do not alter the spirit or unity of the Draft Law sanctioned by the HONORABLE CONGRESS OF NATION.

That the present is dictated in the use of the powers conferred on the NATIONAL EXECUTIVE POWER by Article 80 of the NATIONAL CONSTITUTION.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION IN GENERAL AGREEMENT OF MINISTERS

RIGHT:

Article 1 . Note article 22, paragraph 1 (e), of the Bill registered under article 26,509. Art. 2o Note article 32 of the Bill registered under No. 26.509. Art. 3o With the salvedades set out in the preceding articles, please fill in, promute and tengase by the National Act the Bill registered under No. 26.509. Art. 4o Note the Permanent Bicameral Commission of the HONORABLE CONGRESS OF NATION. Art. 5o Communicate, publish, give yourself to the NATIONAL DIRECTION of the OFFICIAL REGISTRATION and archvese. - FERNANDEZ DE KIRCHNER - Aníbal D. Fernández - Aníbal F. Randazzo - Jorge E. Taiana - Nilda C. Garré - Amado Boudou - Débora Adriana Giorgi - Julio M. de Vido - Julio C. Alak - Carlos A. Tomada - Alicia M. Kirchner - Juan Luis Manzur - Alberto E. Sileoni.