Bs. As., 28/4/87
VISTO the state of disaster produced by the floods, and in the face of the need and urgency of seeking immediate solutions to the situation of water emergency in which there are several areas of the country, which include, among others, the Provinces of Buenos Aires, Chaco, Formosa, Córdoba, San Luis, Santa Fe and La Pampa, affected by the phenomenon of the floods, which generates conflicts between individuals, the municipalities and even among the agricultural losses,
It is an inescapable duty of the Federal State to alleviate the catastrophic consequences of such an exceptional event.
That Law No. 22.913 provides for various measures in the credit, tax, transport and public works, limited only to the agricultural sector.
That the previous Agricultural Emergency Act No. 21.130 contemplated the situation of merchants and industrialists affected by climate adversities, leaving them without legislative protection from the sanction of the current regime envisaged by the Law or 22,913.
That within the concept of solidarity that must prevail in every society is that of the mutual help of its members.
That the virtual detachment in which the sectors not covered by Law No. 22,913 motivates the National State to have a similar assistance to that provided for in the Agricultural Emergency Regime.
That in the face of the urgency created by the national disaster situation, the Federal Government must implement the aforementioned aid immediately.
That the Ministry of Public Works and Services has developed the National Emergencies Program for Floods, in close cooperation with other areas of Government, which includes studies, projects and emergency works whose execution is of vital importance in solving the anguish problem posed by the water phenomenon in the above areas.
It is necessary, within the framework of the above, to define that an emergency by flooding not only covers the period when the waters advance, grow and cause social distress, but that their recurrence also generates a period of crisis in which the inhabitants of the areas susceptible to flooding are potential victims.
That in order to promote the functioning of the programme of the Ministry of Public Works and Services, it had contact with international financial sources, such as the Inter-American Development Bank, World Bank, Fund of the Silver Basin (FONPLATA), and with countries interested in technical cooperation with the Argentine Republic, and in particular with companies of the Italian State, a country with which they unshakable ties of solidarity and friendship.
On 10 October 1986, the representatives of the Italian public companies and the Minister of Public Works and Services signed a Memorandum of Intention, by which the Argentine side expressed its determination to urgently manage the request for special financial resources to contribute to the financing of the Programme.
That of the efforts made, the provision of the Italian Government to grant the Argentine Republic a credit line from emergency funds of the Ministry of Foreign Affairs of that country, aimed at the implementation of development cooperation programmes, and granted under exceptional conditions of benefit, that will allow the Argentine Republic to solve the current water emergency.
That the Italian State Group Iriltalstat, through the engineering and construction companies Italtekna and Italgenco, has not only operational capacity and the necessary requirements, but also accredited experience in the sector, with particular specialization in the activities of the Public Administration in the realization of important programs in the water sector.
Constituting those offers a concrete possibility to carry out an undertaking of the scope of the National Program of Emergency for Inundations, it is necessary to determine in an urgent and exceptional way the legal sustenance that allows to viabilize the direct hiring with the companies Italtekma e Italgenco . Italiana Generall Construzioni S.p.A., attentive to the restrictions established by the current regulatory order to carry out the external contracting.
That for this purpose and for the specific case of the execution of the works covered by the above-mentioned Programme, it is necessary to exempt this negotiation from the provisions of article 23 of Law No. 11.672 complementaria permanente del Presupuesto - as well as the Laws No. 13.064, 18,875, 22,460, Decree-Law No. 5,340/63, Decree No. 2,930/70 and any other legal or regulatory provisions in force in the area of contracting works, services and supply of necessary equipment, machinery and materials, as soon as they oppose, restrict or condition direct contracting with foreign companies.
In order to do so, the above-mentioned companies shall submit the specific offers for the execution of the works, which will result in their assessment of the economic convenience and technical merit, to initiate the processing, concerning the procurement itself.
That the exercise of functions by the national executive branch through regulations of necessity and urgency is established as an implicit faculty of the heads of the national constitution.
That this exercise has the support of the best constitutional doctrine, as the authors say Bielsa, Rafael, "Administrative Law", 1954, T.1, p. 309; Villegas Basalvilbaso, Benjamin, "Administrative Law", 1949, T.1 p. 225 et seq.; Quiroga Lavié, Humberto, "Constitutional Law 1978, p. 834; criterion also supported by the Supreme Court of Justice of the Nation (Fal. 11:405 and 23:257).
It is for the relevant purposes to inform the Honorable Congress of the Nation of this Decree.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:Article 1 ! (Article repealed by art. 34 of the Act No. 26.509 B.O. 28/08/2009) Art. 2o ! (Article repealed by art. 34 of the Act No. 26.509 B.O. 28/08/2009) Art. 3o The National Programme for Emergencies, developed by the Ministry of Public Works and Services, is an instrument for the proper resolution of the pressing water situation affecting vast areas of the country. Art. 4o ∙ Except, for reasons of serious national emergency, the execution of the works covered by the Programme approved by article 1 of this Decree of the provisions of article 23 of Act No. 20,659, incorporated in Act No. 11,672 on the permanent part of the Budget, as well as by Law No. 13.064, 18,875, 22,460, Decree-Law No. 5,340/63 and Decree No. 2,930/70, and any other legal or regulatory provision in place in the area of contracting works, services and supplies of necessary equipment, machinery and materials, as soon as they oppose, restrict or condition direct contracting with companies abroad. Art. 5o Authorize the direct contract with the companies Italtekna e Italgenco-Italiana Generali Construzioni S.p.A. members of the State Iritalstat Group, exclusively for the execution of studies, projects and works aimed at achieving the objectives of the National Program of Emergency for floods, covering the Provinces of Buenos Aires, Córdoba, Chaco, Formosa, La Pampa, Santa Fe y San Luis, within the Art. 6th Authorize the Minister of Public Works and Services that once the offers of the companies have been evaluated in each case and set the final terms for the agreement between the parties, he submits the respective contracts and other necessary documentation to that effect. Art. 7o - Give timely account to the Honorable Congress of the Nation. Art. 8o Communicate, publish, give to the National Bureau of the Official Register and archvese.
Antonio A. Tróccoli.
Pedro A. Trucco.
José H. Jaunarena.
Julio R. Rajneri.
Carlos E. Alderete.
Juan V. Sourrouille.