SEMILLA AND FITOGENETIC CREATIONS Decree 2817/91 National Seed Institute. Administration and representation. Organizational structure. Resources. General and Transitory Provisions.

Bs. As. 30/12/91

VISTO Laws Nos. 20,247, 23,696 and 23.697, Decrees Nos. 2183 of 21 October 1991, 435 of 4 March 1990, 612 of 2 April 1990 and its amendments, Decrees Nos. 1482 of 2 August 1990, 1757 of 5 September 1990 and 2476 of 26 November 1990, as proposed by the SECRETARIAT OF AGRICULTURA, GANADERIA and PESCA dependent on MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES, and

CONSIDERING:

That article 34 of the aforementioned Decree No. 2476/90 empowers the SECRETARIAT OF AGRICULTURA, GANADERIA and PESCA of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES to elevate to the NACIONAL EXECUTIVE PODER a proposal for the reorganization and strengthening of its plant control functions of the national agricultural production, in particular that aimed at the national agricultural production.

As a result, this regulation allows for a more efficient application of Law No. 20.247 - Law on Seeds and Phytogenetic Creations - at a stage of expansion of seed activity in international order.

That the high quality seed constitutes the basic insumption of all national agricultural production.

That access to global markets, depending on the use of the agroecological advantages of our country, requires that competitive and high-quality products be guaranteed.

Given such circumstances, it is essential that the body that is constituted for such purposes have the human and material resources appropriate to the level of efficiency required for its management and obtain the necessary resources for its financing through the collection of tariffs and retributive rates of the services it provides.

That, therefore, it is appropriate to take urgent steps to determine their organizational structure, permanent staffing, decision-making competence and other actions necessary for their integral operability.

That this should take into account the dynamism that will be required in decision-making and in the availability of the means for compliance, considering the speed of technological change and the consequent adequacy of its normative framework.

That the legal figure of a decentralized agency of the SECRETARIAT OF AGRICULTURA, GANADERIA and PESCA of the MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICS is appropriate for the implementation of Act No. 20,247.

That in taking the intervention that belongs to it, the EXECUTIVE COMMITTEE FOR AGAINST THE ADMINISTRATIVE REFORM has been issued favourably.

That the budgetary changes introduced fall within the provisions of articles 8, 9 and 10 of Act No. 23,990

That the most prominent constitutional doctrine grants that circumstances can be determined or situations in which the strict observance of the competences could lead to difficulties and in which it would, therefore, be more timely than a particular function would be exercised by a body other than that to which it has been institutionally attributed.

That the jurisprudence of the Supreme Court of the Nation has accepted such an exceptional function in its rulings.

That such is the case in which the aforementioned circumstances of time and mode and the urgency and necessity that accompany them, advise the dictation of this act by the NATIONAL EXECUTIVE PODER

Such a power is implicitly covered by article 86 of the National Constitution.

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

CHAPTER I - DECLARATION OF NATIONAL INTERES

Article 1 - Declaring of national interest the collection, production, circulation and internal and external marketing of seeds, plant genetic and biotechnological creations.

CHAPTER II NATIONAL INSTITUTE OF SEEDS (INASE)

Art. 2nd . Transfer the NATIONAL SERVICE OF SEEDS (SENASE) to the NATIONAL INSTITUTE OF SEEDS (INASE). The Institute shall act as a decentralized agency of the National Civil Service within the scope of the SECRETARIAT OF AGRICULTURA, GANADERIA and PESCA of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, with economic and financial autarchy, with jurisdiction throughout the territory of the Nation and with person to act in the field of public and private law. Article 3. The NATIONAL INSTITUTE OF SEMILLAS (INASE) will be the body of application of Law No. 20.247 and its Regulatory Decree No. 2183/91 or those that replace them, as well as the technical standards that the SECRETARIAT of AGRICULTURA, GANADERIA And PESCA in the field of competence of the Institute, in use of the powers conferred upon it by article 3 of Act No. 20.247.

The NATIONAL INSTITUTE OF SEMILLAS (INASE) will propose these rules to the SECRETARY OF AGRICULTURA, GANADERIA And PESCA, who must pronounce on them within a period of QUINCE (15) working days.

Article 4. The NATIONAL INSTITUTE OF SEEDS (INASE) shall have the following powers and obligations:

(a) Understand the national and international certification, observing the agreements concluded or to celebrate in this regard the physiological, physical and genetic quality of any plant organ intended or used for planting, planting or propagation.

(b) Exercising Police Power Conferred by Law No. 20.247

(c) To issue titles of ownership to new varieties of plants in accordance with national standards and to bilateral or multilateral international agreements signed or signed in the field.

(d) To conclude agreements with national, provincial and municipal public bodies or their dependent divisions, as well as with international agencies or private or public entities, national or foreign, with the aim of, inter alia, deregulation and decentralization for the better performance of the functions of the Institute.

(e) Develop and propose to the SECRETARY-GENERAL, GANADERIA And PESCA technical quality standards for plant and biotechnological seeds and creations.

CHAPTER III - ADMINISTRATION AND REPRESENTATION

Art. 5o The administration and direction of the National Seed Institute (INASE) will be headed by a Board consisting of one (1) President, one (1) Vice-President and eight (8) Directors. The National Executive will appoint the President of the Board on the proposal of the Secretary of Agriculture, Livestock, Fisheries and Food of the Nation. The charge will be rented and its remuneration will be determined by the national executive branch. The remaining members will perform their duties "ad-honorem". The national executive branch shall also designate the remaining members of the Board, on the proposal of the sectors that represent:

(a) One (1) to the Agricultural Federal Council (CFA), elected among the members of the Federal Seeds Council (CFS), shall be the person exercising the vice president and replace the President in cases of temporary absence or impediment;

(b) One (1) representative by the Ministry of Agriculture, Livestock, Fisheries and Food of the Nation;

(c) One (1) shall be elected from a web presented by the National Institute of Agricultural Technology (INTA);

(d) One (1) to seedlings;

(e) One (1) to the breeders;

(f) One (1) to the nurseries;

(g) One (1) seed trade;

(h) Two (2) users, on the proposal of the respective entities and rotating between them. The Board members will serve for two (2) years, and may be redesigned. In case of a tie, the president of the Board will have a double vote.

(Article replaced by Article 3 of the Act No. 25.845 B.O. 7/1/2004.) Art. 6°... In order to be President of the Board, a university degree is required and to have accredited experience in the area of competence of the Institute. Art. 7°... The Board's resolutions will be taken by a simple majority of members present at the meeting, with a quorum of at least CINCO (5) members including the President. In the event of a tie in the ballots, the President shall have a double vote.

The Board shall meet at a regular meeting, at a minimum, once a month and in extraordinary sessions whenever they are convened by the President or at the request of at least TRES (3) Directors.

Its members will be responsible for solidarity and unlimited decision-making. The Director, who has participated in a deliberation or resolution, shall be exempt from responsibility and shall immediately notify the SECRETARY of AGRICULTURA, GANADERIA and PESCA.

Art. 8°... The Board shall be the highest authority of the agency and shall have the following powers and obligations:

(a) To exercise the authority specified in Article 4 (b) of this Decree.

(b) Dictate the Internal Rules of the Directory.

(c) Establish internal rules for the best functioning of the Institute.

(d) Propose the annual budget of erogations and calculation of resources and their modifications.

(e) Resolve administrative summaries in the field of the Institute.

(f) Advice to the SECRETARIAT OF AGRICULTURA, GANADERIA And PESCA in all matters of its competence.

(g) Propose for fixation by the SECRETARY OF AGRICULTURA, GANADERIA And FISH tariffs and retributive rates of services that the Institute will effectively provide at the request of the interested party.

(h) Resolve the purchase and sale of movable and immovable property of its property, permutas, locaciones o usos and constitute real rights over them and, in general, conclude contracts and legal acts and dictate the administrative acts necessary for the functioning of the Institute.

(i) To propose modifications to the organizational structure of the Institute.

(j) Designate, move, promote and remove your staff in accordance with the relevant regulations.

(k) Declaring the state of emergency in the production of seeds and plant genetic and biotechnological creations, being able to hire locations of works, personnel and non-personal services and/or third parties, buy equipment and make all other expenses necessary to deal with it.

(l) Grant titles of ownership to the new varieties of plants.

(m) Grant scholarships for study and specialization in subjects inherent to the specific activities assigned by the Institute.

(n) Develop and propose to the SECRETARY OF AGRICULTURA, GANADERIA It also provides the orderly text of the rules that apply to the NATIONAL INSTITUTE OF SEEDS (INASE) and keep it permanently updated.

(in) The Board may delegate, with the majority vote of three quarters of the Board, to the President the powers assigned to obtain greater agility in the proceedings.

Art. 9th... The President of the Board shall have the following powers and obligations:

(a) To legally represent the Institute.

(b) To comply with and enforce the existing rules on the competence of the Institute and to implement the Board ' s decisions.

(c) To exercise the powers expressed in article 4, subparagraphs (a), (c), (d) and (e) of this decree.

(d) Subscribe the resolutions on decisions adopted by the Board.

(e) Dictate the final resolutions in the application of the appropriate sanctions for violation of the rules of which the NATIONAL INSTITUTE OF SEEDS (INASE) is an implementing agency.

(f) To conduct the internal administration of the Institute.

(g) Manage the assets of the Institute.

(h) Order the instruction of summary information and of administrative summons, which may be delegated to officials of their unit.

(i) To convene and chair the ordinary and extraordinary sessions of the Board.

(j) To exercise the functions of the Board in cases of urgency that do not allow it to meet in time, having to convene an extraordinary session within a period not exceeding CINCO (5) days to ratify the act in exercise of such attribution.

CHAPTER IV ORGANIZATIONAL STRUCTURE

Art. 10. ! Apply the organizational structure of the NATIONAL INSTITUTE OF SEEDS (INASE) in accordance with: Organigrama; Objectives; Primary Responsibility and Actions; Permanent Plant; Permanent Plant and Cabinet and Comparative Plant of Funded Categories that as Annexes I, II, III, IVa, IVb and Vb form an integral part of this decree. Art. 11. ! Except for the NATIONAL INSTITUTE OF SEEDS (INASE) of the provisions of article 18 of Decree No. 2043 of 23 September 1980 and article 27 of Decree No.435/90 and its amendments replaced by article 5 of Decree No. 1887 of 18 September 1991, for the sole purpose of covering the posts of the organizational structure approved by this Decree. Art. 12. ! Modify the distribution by Cargos and Hours of the Chair of the Decision 11 -Personal in force, corresponding to the JURISDICCION 58 of the SECRETARIAT OF AGRICULTURA, GANADERIA and PESCA, CARACTER or CENTRAL ADMINISTRATION, in the number of staff positions of the former NATIONAL SERVICE OF SEMILLAS, except the position in availability.

CHAPTER V

Art. 13. ! For the development of its activities, the NATIONAL INSTITUTE OF SEEDS (INASE) shall have the following resources, which shall be deposited to its order:

(a) Those from the rates and tariffs set by the SECRETARY OF AGRICULTURA, GANADERIA and PESCA.

(b) Those coming from the fines and sanctions they apply.

(c) Those from donations and legacies.

(d) Interests and rents that deflect investments from the resources obtained.

(e) Mora-established surcharges on the payment of fees and tariffs received by the Institute.

(f) Funds from conventions and/or agreements referred to in article 4, subparagraph (d).

(g) The extraordinary contributions of the National Treasure.

Art. 14. ! Unsubscribe the Special Account No. 167 - Seeds Act - transferring its credits, debits and resources available to the NATIONAL INSTITUTE (INASE).

ANNEX VI, which is an integral part of the present decree, is approved.

Amend the General BUDGET OF ADMINISTRATION NATIONAL in force, in accordance with the detail in the Annex Va and Annex VII that are an integral part of this decree, as authorized by article 13, last paragraph, of the Accounting Act.

Art. 15. ! Incorporate the calculation of resources affected to the financing of the decentralized agency budget 154 - NATIONAL INSTITUTE OF SEEDS (INASE), corresponding to Jurisdiction 58- SECRETARIAT OF AGRICULTURA, GANADERIA And PESCA, according to the detail in Annex VIII that is an integral part of this decree. Art. 16. ! Note the funding for contributions affected by the financing of the decentralized agency budget 154 - NATIONAL INSTITUTE OF SEEDS (INASE), corresponding to Jurisdiction 58- SECRETARIAT OF AGRICULTURA, GANADERIA And PESCA, according to the detail in Annex IX which is an integral part of this decree.

CHAPTER VI - GENERAL PROVISIONS

Art. 17. ! Annually, based on the policies of the SECRETARIAT OF AGRICULTURA, GANADERIA In this regard, the NATIONAL INSTITUTE OF SEEDS (INASE) will bring to its consideration the programmes, subprogrammes, and activities to be carried out in the following year. Art. 18. ! Transfer to the NATIONAL INSTITUTO DE SEMILLAS (INASE) the movable and immovable property, rights and obligations of service delivery, of the NATIONAL SERVICE OF SECRETARIAT OF AGRICULTURA, GANADERIA and PESCA. Art. 19. ! Consider the REFERENCE OF SANCION (U.R.S.) as a unit of measure to set the values of fines. The Directory is empowered to establish the value of the U.R.S. taking as a parameter for it the price of a good of public knowledge and usual transaction in the seed market. Art. 20. ! The Institute for the violation of the rules of which it is an implementing body shall punish those responsible, according to the seriousness of the offence, with:

(a) Attention call.

(b) Appreciation.

(c) Fine up to UN MILLON (1,000,000) of reference units of sanction (U.R.S.).

(d) Forfeiture, merchandise and/or elements used to commit the offence.

(e) Temporary or permanent suspension of the corresponding Register.

(f) Temporary or permanent disqualification.

(g) Partial or total closure, temporary or permanent of premises.

The sanctions listed may be applied separately or jointly by several of them, in accordance with the seriousness of the offence and the background of the person responsible. The sanctions replace those provided for in the respective rules, which are within the competence of the Institute.

CHAPTER VII

Art. 21. ! Until the administrative and legal support services of the Institute are constituted, the Institute will use those of the SECRETARIAT OF AGRICULTURA, GANADERIA and PESCA of the MINISTERY of ECONOMY and ARTWORKS and PUBLIC SERVICES. Art. 22. ! Faccinate the SECRETARY OF AGRICULTURA, GANADERIA And PESCA to arrange by means of a resolutive act the staff pass mentioned in article 12 to the Personnel Plan approved by this decree. Art. 23. ! THE SECRETARY OF AGRICULTURA, GANADERIA PESCA shall, temporarily, designate the person to be in charge of the Institute, with the powers of the President and the Board of Directors, until the NATIONAL EXECUTIVE POWER designates the President and the Board, and the Board shall have sufficient quorum to function, not being able to exceed the time limit of CUARENTA and CINCO (45) correct days, at which time the person designated by such functions will cease. Art. 24. ! In order to ensure compliance with the functions of the transformed area, the current organizational structure is maintained until the organizational structure that is approved by the present is operational. Art. 25. ! Note the HONORABLE CONGRESS OF THE NATIONAL Art. 26. ! Contact, post, give to the National Directorate of the Official Register and archvese. MENEM ─ Antonio E. González

Annex I

Annex II

NATIONAL INSTITUTE OF SEEDS (INASE)

OBJECTIVES:

(1) Understand in the application of Law No. 20.247 - Law on Seeds and Phytogenetic Creations.

(2) Understand the certification of the quality, national and international, of any plant organ intended for planting, planting or propagation, observing the agreements signed or to be signed in the matter.

(3) Understand the protection of intellectual property of plant genetic and biotechnological seeds and creations.

(4) Propose the rules and exercise the police power to assure farmers the identity and quality of the seed they acquire.

Annex III

NATIONAL DIRECTION OF SEEDS

PRIMARY RESPONSIBILITY:

Develop and propose the standards for quality standards of any plant propagation organ and implement its compliance.

Understand quality certification in accordance with the international standards in force in the field to which our country is a party or acceded in the future.

Understand the protection of intellectual property of new varieties of plants according to national and international standards in the field.

ACTIONS:

(1) Control the identity and quality of seeds and other plant propagation organs.

2) To certify the varietal identity of the seeds destined for the external market according to the rules of the Organization for Cooperation and Economic Development (OECD).

(3) Run the procedures and controls to grant the titles of ownership to the new varieties that meet the required requirements, managing the records of your area of competence.

4) Control, at the request of the interested party, the quality of the seeds of import and export according to the rules of the INTERNATIONAL ASSOCIATION OF SEEDS (ISTA).

(5) Understand the quality certification of biotechnology creations and the protection of their intellectual property.

DIRECTION OF ADMINISTRATIVE SERVICES

PRIMARY RESPONSIBILITY:

Program, direct, execute and control the economic, financial, human resources and property management of the NATIONAL INSTITUTE OF SEMILLAS (INASE) and lead the efforts aimed at the diligence of the administrative office.

ACTIONS:

(1) Develop and control the implementation of the annual budget of erogations and calculation of resources of the NATIONAL INSTITUTE OF SEEDS (INASE).

2) To collect, register and control the resources of the NATIONAL INSTITUTE OF SEEDS (INASE) and administer, guard and dispose of the funds and values and documents that represent them from the collections or any other permanent or eventual income of the area of their competence.

(3) Conduct personnel management activities.

4) Manage and perform the tasks of the maintenance, monitoring and maintenance of the movable and immovable property of the INSTITUTO NATIONAL DE SEMILLAS (INASE), ensuring the efficient delivery of the internal services.

(5) Design and implement audit and control systems in relation to operational, economic, financial and property aspects of the NATIONAL INSTITUTE DE SEMILLAS (INASE).

DIRECTION OF LEGAL MATTERS

PRIMARY RESPONSIBILITY:

Understand all matters of a legal nature inherent in the actions of the Institute.

ACTIONS:

(1) Dictamine in all areas of competence of the Institute, especially in the application of sanctions regulated by Chapter VII of Law No. 20.247 and its regulatory decree.

(2) To intervene in the development of draft laws, decrees and other administrative acts that make the semi-llerist sector.

(3) Elaborate the mandatory rulings regulated by article 7 of the National Administrative Procedures Act (Act No. 19549 and its amendment) and the "Regulation of Administrative Procedures" Decree No. 1759/72 T.O. 1991.

(4) Instruction of administrative sums by application of laws Nos.22.140 and 20.247 as appropriate.

(5) To exercise the legal representation of the Institute in all trials to which it is a party.

ANNEX IVa

Scalephone Dto. 1428/73

AGREEMENT: ADMINISTRATIVE

JURISDICTION: MINISTERY OF ECONOMY AND PUBLIC SERVICES

SECRETARIAT OF AGRICULTURA , GANADERIA AND PESCA

ORGANIZATION: NATIONAL INSTITUTE OF SEEDS

CATEGORIA UNITY	E.E.	24	23	22	21	20	19	16	Sub total	total
PRESIDENCE	1	-	2	1	2	-	1	1		7
NATIONAL DIRECTION OF SEEDS	-	1	2	-	2	1	-	1		7
DIRECTION OF CERTIFICATION AND CONTROL	-	-	1	-	1	-	3	-		5
DRAFT REGISTRATION	-	-	1	-	1	-	3	-		5
DIRECTION OF QUALITY	-	-	1	-	1	-	13	-		15
DIRECTION OF SERVICES	-	-	1	-	1	2	6	1		11
DIRECTION OF LEGAL MATTERS	-	-	1	1	1	-	3	-		6
TOTAL	1	1	9	2	9	3	29	3	-	56

PLANTA PERMANENT Climbing Dto. 1428/73

PROFESSIONAL AGREEMENT

JURISDICTION: MINISTERY OF ECONOMY AND PUBLIC SERVICES

SECRETARIAT OF AGRICULTURA , GANADERIA AND PESCA

ORGANIZATION: NATIONAL INSTITUTE OF SEEDS

Annex IV to

CATEGORIA UNITY	E.E.	24	23	22	21	20	19	16	Sub total	total
PRESIDENCE	1									1
NATIONAL DIRECTION OF SEEDS	-									-
DIRECTION OF CERTIFICATION AND CONTROL	18									18
DRAFT REGISTRATION	5									5
DIRECTION OF QUALITY	9									9
DIRECTION OF SERVICES	2									2
DIRECTION OF LEGAL MATTERS	2									2
TOTAL	37									37

Annex IV b

PLANTE PERMANENT AND GABINETE

JURISDICTION: MINISTERY OF ECONOMY AND PUBLIC SERVICES

SECRETARIAT OF AGRICULTURA, GANADERIA AND PESCA

ORGANIZATION: NATIONAL INSTITUTE OF SEEDS

PLANTA PERMANENT

Total by cluster Unit	Group. Adminst.	Group. Profes.			Total	Cabinet
PRESIDENCE	7	1			8
NATIONAL DIRECTION OF SEEDS	7	-			7
DIRECTION OF CERTIFICACON AND CONTROL	5	18			23
DIRECTION OF VARIATE REGISTRATION	5	5			10
DIRECTION OF QUALITY	15	9			24
DIRECTION OF ADMINISTRATIVE SERVICES	11	2			13
DIRECTION OF LEGAL MATTERS	6	2			8
TOTAL	56	37			93

Annex Vb

FINANCIAL CATEGORY PLANILLA

JURISDICTION: MINISTERY OF ECONOMY AND PUBLIC SERVICES

SECRETARIAT OF AGRICULTURA, GANADERIA AND PESCA

ORGANIZATION: NATIONAL INSTITUTE OF SEEDS

ANTERIOR

ESCALAFON	Regulations Structure	Categ.	Cant.	Charges Okay. Al 4/3/90	Actual
Decree 1428/73	Dto. 3259/73	EE			1
		24	1	1	1
		23	-	5	7
		22	3	1	2
		21	4	7	9
		20	-	2	3
		19	1	6	24
		16	-	1	1
		13/22	23	16	27
		13	4	-	-
		1/10	62	-	-
			98	39	75

Annex VI

Annex VI

ANNEX

Annex VII

Annex VIII

Annex IX