Bs. As., 27/2/92
VISTO the provisions of Annex I to Law 23,696 and articles 15, 16 and 20 of Decree No. 2074 of 3 October 1990 and article 43 of Decree No. 2284 of 31 October 1991 and
That by the standards mentioned in the above, the privatization of the elevators belonging to the NATIONAL BOARD OF GREATS was provided, which is in liquidation under article 36 of Decree No. 2284/91.
In accordance with article 43 of the above-mentioned Decree, the transfer to the private sector of those lifters who, by their geographical location, can lead to the constitution of monopoly or quasi-monopoly situations, must be carried out after the adoption of the regulatory framework of the activity.
That in the opinion of the Authority of Application are included in these situations the terminal elevators of Bahía Blanca, Quequén, Buenos Aires, San Nicolás and Rosario (Units VI and VII).
It is necessary to provide what is conducive to the approval of the regulatory framework within which the public service of raising grains must be provided by the concessionaries of the exploitation of the aforementioned facilities.
It is appropriate to determine the authority to be responsible for the tenders leading to the granting of public service to the aforementioned terminal elevators, as well as to set the general guidelines to which the respective procedures should be adjusted.
That the attribution of the subscriber to dictate this Decree stems from the provisions of article 86, paragraph 1, of the National Constitution.
THE PRESIDENT OF THE ARGENTINA NATION
CHAPTER I MAR MARCO REGULATORYArticle 1 . AMBITO DE IMPLEMENTATION. The present Regulatory Framework will be applied in the terminal elevators of Bahía Blanca, Quequén, Buenos Aires, San Nicolás and Rosario (Units VI and VII). By provision of MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICOS may be extended to other terminal facilities. Art. 2° . OBJECTIVES. The objectives are: to ensure quality and continuity in the provision of public service, to provide equal access to all users, to enable the adequacy of benefits to their needs and to reduce the overall costs of the system. Art. 3° . Fault. The elevators of Bahía Blanca, Quequén and Buenos Aires will operate in a CIEN BY CIENTO (100 %) under the public service regime, The elevators of Rosario (Units VI and VII) and San Nicolás will operate partly under the public service regime, reaching only the VEINTICINCO BY CIENTO (25 %) of the volumes operated by these facilities. Art. 4° . Starting in the fifth year of the privatization of each of the port units covered by Article 1, the Implementing Authority shall periodically review the public service system, and may reduce the percentage of the operator subject to the same, in case of finding alternative offers of lifting services. Art. 5° . OBLIGATIONS OF THE SERVICE PRESSER. Whoever is a concessionaire of the exploitation of a port elevator within this regime must comply with the following obligations:
(a) Serve the service under the regime of loss of identity.
(b) To make available to all users, without any other limitations that arise from the regulations in force for the granting of the services of discharge and cargo of goods of carriage, truck, barge or ship and its storage. Such services should be available at a minimum in the periods and with the rhythms to be set for each facility.
(c) Make way for claims for the loan of goods to be made, while the guarantees offered by the exporters are satisfactory. In no case, the concessionaire may claim that such guarantees exceed in more than one VEINTE FOR SCIENT (20 %) the slate value of the goods to be provided.
(d) To give course to the requirements for the entry of goods to the elevator, contemplating for each exporter their stocks, merchandise debts and shipping programming, tending to the minimization and exceptionality of the loans.
(e) In order to give the vessel turn to the elevator sites, it must ensure respect for the arrival order for those in a position to start loading immediately, taking into account, in addition, the existence and sufficient inflow of goods to the facility, in order to ensure their efficient use. The above criterion may only be altered in the event of technical or operating disadvantages of the properly accredited elevator or by agreement of parties that do not cause harm to third parties.
(f) Strictly comply with offers for the different services engaged in the contract.
(g) To keep facilities in good condition and in safety.
(h) Take the costs of dredging and maintenance of the sites, according to the contract.
(i) Ensure the health and quality of the goods from their entry to the elevator to their cargo to ship.
(j) Immediately make available to the Implementation Authority all the information requested by the Authority and facilitate the inspections available therein.Art. 6° AUTHORITY OF APPLICATION. Control of compliance by the service provider will be carried out by the SECRETARIAT OF AGRICULTURA, GANADERIA And PESCA, which may exercise it on its own or on complaints from users and/or third parties that invoke a legitimate interest. Art. 7° . ATRIBUTIONS OF AUTHORITY OF APPLICATION. They will be the powers of the SECRETARIAT OF AGRICULTURA, GANADERIA and PESCA:
(a) Ensuring compliance with the provision of download, shipment and storage capabilities to users, as well as the working rhythms involved in the concession contract.
(b) Control the maintenance and safety conditions of the facilities.
(c) Ensuring compliance with the provision of download, shipment and storage capabilities to users, as well as the working rhythms involved in the concession contract.
(d) Control the application of the existing rates for the various services, as well as authorize any modifications, when the conditions provided for in the tender documentation are given.
(e) To substantiate, in accordance with the rules of procedure that govern, the complaints and/or claims made by users or any person that credits a legitimate interest in respect of the breach of their obligations by the service provider.
(f) Apply the penalties provided for by the relevant sanctions regime, when the violation of its obligations by the concessionaire is verified.
(g) Conduct periodic review of the public service system in accordance with article 4 of the present.Art. 8° . SANCIONATORIO REGIMEN. Offences to the regulations applicable by the concessionaires shall be subject to the Sanctionary Regulations established by the SECRETARIAT OF AGRICULTURA, GANADERIA and PESCA.
CHAPTER II TRA OTHER PROVISIONSArt. 9° ENTE LICITANT. Please refer to the MINISTERY OF ECONOMY AND PUBLIC ARTWS AND SERVICES, in its capacity as the Authority for the Application of Law 23.696, to approve the general and private terms of each tender, to make the corresponding calls and to sign the respective contracts. Art. 10. . PRIVATIZATION MODALITY AND SELECTION PROCEDURES. The mode of privatization of the exploitation of the harbour elevators mentioned in Article 1 shall be the concession. The selection of the concessionaires will be made through the national and international public tendering procedure, on the basis. Art. 11. . For the pre-selection of the offenders, special significance will be given to the representativeness they have in mind in relation to the sectors of production and the trade of the granary. Art. 12. . Get to know the Bicameral Commission created in the field of H. CONGRESS OF NATION by article 14 of Law 23,696. Art. 13. . Communicate, publish, give to the NATIONAL DIRECTION of the OFFICIAL REGISTRATION and archvese. . MENEM. . Domingo F. Cavallo.