Agricultural Emergency Disaster Zone Rio Negro - Declaration - Full Text Of The Norm

Original Language Title: EMERGENCIA AGROPECUARIA ZONA DE DESASTRE RIO NEGRO - DECLARACION - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
AGROPULARY EMERGENCY Law 26.502 Determine disaster zone to different departments of the Province of Río Negro. 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:

ARTICLE 1 Declárase zone of disaster due to drought for the period of UN (1) year, prorrogable to THRES (3) years by the national executive branch, to the zone of secano understood in the Departments of Adolfo Alsina, Conesa, Pichi Mahuida, Avellaneda, General Roca, El Cuy, Valcheta, San Antonio, July 9, 25, Ñorquinco and Pilcanieu province of Río. ARTICLE 2 The national executive branch shall allocate a special provision for the assistance and repair of losses incurred in the departments of the province of Río Negro, which are included in the disaster zone declared by article 1 of this Act. ARTICLE 3 The Government of the province of Río Negro will carry out a restraining of those affected by the drought, as well as a weighting of the damage suffered.

Relevant survivors shall be beneficiaries of the actions of assistance and reparation that are carried out with the resources of the special heading provided for in Article 2 and the other benefits set out in this Act.

ARTICLE 4 Explain the income tax and personal property to producers in drought-affected areas in the province of Río Negro, for the duration of the state of disaster and its effects. ARTICLE 5° Please provide the national executive branch with a view to expanding the geographical areas and resources provided for in this Act, if the disaster situation is extended to other departments in the province of Río Negro. ARTICLE 6 The national executive branch shall, through the tax collection agency (AFIP), remove and/or condon the taxpayers included in the disaster zone, as well as establish through the forecasting agency (ANSeS) special payment plans, removals and/or condonations to the same subjects included in the zone. ARTICLE 7 Contact the national executive branch.

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

N° 26.502 EL

JULIO C.C. COBOS - EDUARD A. FELLNER - Enrique Hidalgo - Juan H. Estrada

AGROPULARY EMERGENCY Decree 1142/2009 I partially observed the Nros Acts. 26.502, 26.512, 26.513, 26.514, 26.515, 26.2516, 26.517 and 26.518. Bs. As., 27/8/2009

VISTO the Draft Law registered under No. 26.502, concerning the Province of Río Negro, sanctioned by the HONORABLE CONGRESS OF NATION on 5 August 2009; and the Bills of Law registered under the Nos. 26.512, referring to the Province of Santa Fe; 26.513, referring to the Province of Mendoza; 26.514, referring to the Province of Santa Fe; 26.515, referring to the Province of Catamarca; 26.516, referring to the Province of Salta; 26.517, referring to the Province of Neuquén and 26.518, referring to the Province of Santiago del Estero, sanctioned by the HONORABLE CONGRESO of LA

CONSIDERING:

That by the Bill registered under No. 26.502 it is declared a disaster zone for drought for the period of UN (1) year, extended to THRES (3) years by the NATIONAL EXECUTIVE PODER, to the zone of secan understood in the departments of Adolfo Alsina, Conesa, Pichi Mahuida, Avellaneda, General Roca, El Cuy, Valcheta, San Antonio, 9 July, 25

It also provides that the NATIONAL EXECUTIVE POWER shall provide a special provision for the assistance and repair of the losses incurred in the area concerned. It also foresees that the Government of the Province will carry out a resurgence of those affected by the drought, as well as a weighting of the damages suffered, and that the victims who have been relieved will be beneficiaries of the assistance and reparation actions.

It empowers the NATIONAL EXECUTIVE PODER to expand the geographical areas and resources provided for in the norm, if the disaster situation is extended to other departments of the Province of Río Negro.

On the other hand, it provides that the NATIONAL EXECUTIVE PODER implements, through the tax collection agency (AFIP), removals and/or condonations to taxpayers included in the disaster zone, as well as establishing through the forecasting agency (ANSES) special payment plans, removals and/or condonations to the same subjects included in that area.

That by the Bill registered under No. 26,512 it is declared a zone of agricultural disaster and economic and social emergency due to drought from January 1 to December 31, 2009, period extended by the NATIONAL EXECUTIVE PODER, to departments July 9, Vera, San Cristóbal, General Obligado, San Justo, San Javier and Garay of the Province of Santa Fe.

It also provides for the full implementation of the provisions of Act No. 22,913, extending its scope to industrial, commercial, forestry, poultry and services.

It also provides that the NATIONAL EXECUTIVE POWER shall provide a special item to address the actions of assistance and productive reconstruction of the economies in the above areas.

In addition, it empowers the NATIONAL EXECUTIVE PODER to implement special regimes for the victims that are aimed at: the renegotiation of the credits granted to the affected producers; the granting of credits at subsidized rates through the Bank of the Argentine Nation; the exemption or refinancing of the foreseeable and tax obligations and to overcome through the competent agencies and the granting of such subsidies.

It also empowers the NATIONAL EXECUTIVE PODER to expand funds for the coverage of social plans during the temporary period of the emergency declaration in the geographical area of the declaration, as well as the adoption of measures to preserve and restore production and employment relations.

That, finally, suspends until NOVENTA (90) working days after the end of the emergency period, the initiation of trials and administrative procedures for collections of prior-emergency gains; and envisages the halting of the already initiated trials, the course of the procedural terms, the expiry of the instance and the statute of limitations.

That by the Law Bill registered under No. 26.513 the agricultural emergency by hail is declared, during the period of DOCE (12) months for the producers of the department Rivadavia of the Province of Mendoza.

It empowers the NATIONAL EXECUTIVE POWER to promote: the granting of credits at subsidized rates through the official banking system; the differentiation by CENTO OCHENTA (180) days of the forecast and tax obligations that have expired through the competent agencies and the recovery of the working capital of the survivors.

It also provides that the Government of the Province of Mendoza shall determine, in accordance with the provisions of Act No. 22,913, the damages produced and identify the beneficiaries.

That by the Law Bill registered under No. 26.514 is declared a zone of disaster and agricultural emergency, by the term of CENTO OCHENTA (180) days extended by the NACIONAL EXECUTIVE PODER to the agricultural farms located in the departments 9 of July, Vera, General Obligado, San Cristóbal, San Justo, San Javier and Garay and in various districts of the Santas of the Provinces.

It empowers the NATIONAL EXECUTIVE PODER to implement special regimes for the payment of fiscal and forecasting obligations by the Federal Public Income Administration (AFIP) and the National Social Security Administration (ANSES).

It empowers the NATIONAL EXECUTIVE PODER so that, through the Bank of the Argentine Nation, it adopts special measures for the refinancing of the obligations of the affected producers, as well as the implementation of credit assistance to promote irrigation and recovery of surface water.

It empowers the NATIONAL EXECUTIVE POWER to extend funds for the coverage of social plans during the period of the emergency declaration in the geographical area of the declaration, and to adopt measures that aim to preserve and restore production and employment relations.

Finally, it empowers the NATIONAL EXECUTIVE POWER to create a special emergency fund for the assistance of the affected producers and to restructure, modify or reallocate the necessary budgetary items.

That by the Bill registered under No. 26,515, an agricultural emergency zone is declared, for the period of SCIENTA (180) days extended by the NATIONAL EXECUTIVE PODER to the departments Tinogasta, Santa María, Valle Viejo, Paclín, La Paz, Pomán, Belén and Andalgalá of the Province of Catamarca, applying, for this purpose, the provisions of the Law 22,913.

It empowers the NATIONAL EXECUTIVE PODER to allocate special budget allocations to address the emergency, which will aim to: achieve financing for the assistance of agricultural producers affected by climate phenomena, and should be included in the cession of direct and specific subsidies; and financing for the recovery of the production capacity of the area affected by the intense rains that affected different crops and produced damage at the housing level.

It also determines that the NATIONAL EXECUTIVE PODER, in coordination with the authorities of the Government of the Province of Catamarca and the affected municipalities, implements the necessary mechanisms to diagnose the situation.

On the other hand, it provides that in accordance with Law No. 22,913, the Provincial Executive Branch in coordination with the municipalities, whoever determines the damages produced and identifies the beneficiaries.

Finally, suspend until NOVENTA (90) working days after the end of the emergency period, the initiation of trials and administrative procedures for pre-emergency gains.

That the Bill registered under No. 26,516 declares a zone of agricultural emergency, for the period of DOCE (12) months, extended by the NATIONAL EXECUTIVE PODER, to the departments of Anta, San Martín, Orán and Rivadavia, of the Province of Salta, foreseeing the application of the provisions provided for in Act No. 22,913.

It empowers the NATIONAL EXECUTIVE POWER to allocate special budget items to address the emergency, which will aim to: achieve financing for the assistance of agricultural producers affected by climate phenomena, and should be included in the assignment of direct and specific subsidies; and financing for the recovery of the production capacity of the area affected by intense rains and affecting different crops.

It also determines that the NATIONAL EXECUTIVE PODER, in coordination with the authorities of the Government of the Province of Salta and the affected municipalities, implements the necessary mechanisms to diagnose the situation.

It also provides that, in accordance with Act No. 22,913, the Provincial Executive Branch, in coordination with the municipalities, determines the damages produced and identifies the beneficiaries.

Finally, suspend until NOVENTA (90) working days after the end of the emergency period, the initiation of trials and administrative procedures for pre-emergency gains.

That the Bill registered under No. 26.517 declares a zone of disaster and economic and social emergency for the period of TRESCIENTA SESENTA and CINCO (365) days, which is equally extended, to the departments that integrate the basins of the Agrio and Neuquén rivers, north of the El Portezuelo dam, located in the Province of Neuquén.

Moreover, it provides that the NATIONAL EXECUTIVE PODER shall provide a special item from contributions of the National Treasury, as set out in article 5 of Act No. 23.548, to the assistance and productive reconstruction of the economies affected by the growth of the aforementioned rivers.

It also empowers the NATIONAL EXECUTIVE PODER, through the Bank of the Argentine Nation, to take special measures to refinance the obligations of the affected producers.

Finally, it empowers the NATIONAL EXECUTIVE PODER to implement special payment regimes by the Federal Public Income Administration (AFIP) and the National Social Security Administration (ANSES) that expressly provide for the affected taxpayers.

That by the Bill registered under No. 26,518 is declared a zone of emergency and/or agricultural disaster, for the period of CENTO OCHENTA (180) days extended by the NATIONAL EXECUTIVE PODER, to the departments Mitre, Belgrano, Aguirre, Rivadavia, Avellaneda, Quebrachos, Juan Felipe Ibarra and Taboada, the Province of Santiago No.

It empowers the NATIONAL EXECUTIVE PODER to allocate special budget allocations to address the emergency, which will aim to: achieve financing for the assistance of agricultural producers affected by climate phenomena, including the granting of direct and specific subsidies; and financing for the recovery of the production capacity of the area affected by the lack of rain and affecting agricultural production.

Finally, it determines that the NATIONAL EXECUTIVE PODER, in coordination with the authorities of the Government of the Province of Santiago del Estero, implements the necessary mechanisms to diagnose the state of situation, evaluate damage produced and identify the beneficiaries.

That the Bill registered under No. 26,510 only declares a zone of agricultural disaster and forest by fire for the period of SCIENTA (180) days extended by the NATIONAL EXECUTIVE PODER, to the Province of Tierra del Fuego, Antarctica and South Atlantic Islands.

That, as can be seen from comparison, the aforementioned Bills provide different and diverse benefits to agricultural producers who were affected by adverse weather phenomena that compromised the production capacity of their establishments and consequently the economic and social development, local or regional.

That, on a case-by-case basis, in respect of the Province of Santa Fe, the Bills registered under the Nos were sanctioned. 26.512 and 26.514, including both Departments 9 July, Vera, San Cristóbal, General Obligado, San Justo, San Javier and Garay, but establishing different benefits, deadlines and scopes of the emergency declaration.

As stated in Decree No. 1128/09, by demonstrations of the Deputies, it is known that the parliamentary agreement between the various blocks was, in any case, to exclude from emergency declarations any reference to specific funds or determinations of budgetary allocations and/or tax benefits that are not fully consistent with the content of the draft law on the prevention and mitigation of emergency and agricultural disasters.

That, in this context, in addition to the Agricultural Emergency Law Projects sanctioned for the Provinces of Santa Fe, Mendoza, Catamarca, Salta, Neuquén and Santiago del Estero, at the same session, the HONORABLE CONGRESO OF THE NATION sanctioned the Draft Law No. 26,509 on the creation of the National System for the Prevention and Mitigation of Emergencies and Agricultural Disasters, with the objective to mitigate

That this regulation envisages the creation of the National Fund for the Mitigation of Emergencies and Agricultural Disasters (FONEDA) to finance the implementation of the National System for the Prevention and Mitigation of Emergencies and Agricultural Disasters.

The Fund ' s resources will be made up of those assigned annually by the National Administration ' s General Budget Act, which must reach at least an annual amount equivalent to MILLONES QUINIENTS ($ 500,000); those received through inheritance, legacies and donations; fines charged for breaches of the established regime and those coming from national and international loans; and other national and agricultural emergencies.

That these resources 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 to mitigate and recompose the damage caused by the emergency and/or agricultural disaster, through isolated or programmatic actions arranged concomitantly and subsequently, as appropriate, to the occurrence of emergency and/or agricultural disaster.

That the Bill also determines the benefits to be accorded to producers affected by the above-mentioned phenomena.

That such resources will be for: non-reimbursable contributions for investment costs to build facilities, equipment, fund improvements or other investments that reduce the vulnerability of small agricultural producers and establish special credit lines, or ensure by itself or through reciprocal guarantees companies such credits to finance investment costs and work capital for structural mitigation measures in the agricultural establishment and grace periods of up to DOS (2) years even by setting non-reimbursable bonuses.

In addition, it provides that declared a state of agricultural emergency or disaster, the Fund will be able to provide special financial assistance to affected producers and implement special tax measures.

That, therefore, a new regime in this area has been sanctioned, it is appropriate to apply the provisions of the regime, rather than to establish individual and distinct benefits for each Province.

On the other hand, in the field of the Ministry of Production, there are still several projects of declaration of agricultural emergency for the Provinces of Entre Ríos, Chaco, Corrientes, Santiago del Estero, Buenos Aires, La Pampa, San Juan, Córdoba, Mendoza, Salta, Chubut, Santa Cruz, Río Negro and Santa Fe.

That the purpose of the present is to grant the same benefits as the National System for the Prevention and Mitigation of Emergencies and Agricultural Disasters to all provinces alike, thus preserving the declaration of emergency, which in each case has been sanctioned and without effect the different particular provisions established.

That the mechanism that makes this possible is to leave the emergency declaration and to observe the rest, with the exception of the Province of Tierra del Fuego, Antarctica and South Atlantic Islands, so that it can apply to all, the rules of the Bill No. 26.509 to be promulgated.

That, of course, the observation does not seek to guard any formal rigourism or undermine the unobserved legislative technique or simply leave aside in these cases by the legislator. It is a matter of giving the affected producer a serious and predictable response, with appropriate parameters such as the Bill that creates the National System for the Prevention and Mitigation of Emergency and Agricultural Disasters.

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 articles 2o, 3o, 4o, 5o and 6o of the Bill registered under No. 26.502. Art. 2o Note in the first paragraph of Article 1 the term "economic and social emergency" and the second paragraph of the same and articles 2o, 3o, 4o and 5o of the Bill registered under No. 26.512. Art. 3o Note articles 2 and 3 of the Bill registered under No. 26,513. Art. 4o Note item 1 of article 1 and articles 2o, 3o, 4o and 5o of the Bill registered under article 26,514. Art. 5o Note in article 1 the phrase that reads: "For this purpose, the appropriate will be applied according to the provisions of Law 22.913" and Articles 2nd, 3rd, 4th and 5th of the Bill registered under Law No. 26.515. Art. 6th Note in article 1 the phrase that reads: "For this purpose, the provisions set forth in Law 22.913" and Articles 2o, 3o, 4o and 5o of the Bill registered under Law No. 26.516 shall apply. Art. 7o Note in article 1 the term "economic and social emergency" and articles 2o, 3o and 4o of the Bill registered under No. 26.517. Art. 8o Note in article 1 the phrase that reads: "in the framework of the provisions of Law 22.913" and articles 2o, 3o and 4o of the Bill registered under Law No. 26.518. Art. 9th With the salvedades set out in the preceding articles, please fill in, amend and submit to the National Laws the Bills registered under the Nos. 26.502, 26.512, 26.513, 26.514, 26.515, 26.516, 26.517 and 26.518. Art. 10. Note the Permanent Bicameral Commission of the HONORABLE CONGRESS OF NATION. Art. 11. 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 L. Manzur - Alberto E. Sileoni