PUBLIC WORKS Decree No. 1994/93 Apply the Regulation of Administrative Regulations on Benefits, Control and Control and Protection to the User and to the State Property of the Public Work Concessions to be granted under the Law No. 17.520 and its amendments, with respect to the access of the Access Network to the City of Buenos Aires.
Bs. As., 23/9/93
SECRETARY OF PUBLIC AND COMMUNICATIONS, Law No. 23.696 and Decree No. 2637 of 29 December 1992 and
That through the administrative act set forth in the VISTO, the construction, improvement, expansion, conservation, remodeling, maintenance and exploitation of the RED DE ACCESOS TO THE CIUDAD OF BUENOS AIRES was addressed by the regime of Law No. 17.520 and its amendment No. 23.696.
That under Act No. 23,696, Decree No. 2408/91, in its Article 14 provided that the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES should elevate to the NATIONAL EXECUTIVE PODER the Administrative Regulations Governing the Benefits, Control and Control and Protection of the User and the Goods of the State - MARCO REGULATORIO-,
That, pursuant to Article 12 of Decree No. 2637/92, the Implementing Authority has elevated the above-mentioned Project, which is hereby approved.
In addition to the proceedings that have been carried out in the bidding process provided for in Decree No. 2637/92, it is appropriate to amend Article 5 (d) of the same, in order to allow when the Selected Postulant has among its members construction companies, service providers or suppliers of goods, the concessionaire can hire directly with them.
That the NATIONAL EXECUTIVE POWER is entitled to the dictation of the present, pursuant to Article 86(1) of the NATIONAL CONSTITUTION.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT: Article 1 -
Appropriate the Administrative Regulations regulating the benefits, control and control and protection of the user and the property of the State -MARCO REGULATORIO - of the Public Work Concessions to be granted under the regime of Law No. 17.520 and its modifications, with respect to the accesses that make up the RED OF ACCESS to the CIUDAD OF BUENOS AIRES, which as ANEX I forms part of the present. Article 2
- Amend Article 5, paragraph (d) of Decree No. 2637 of 29 December 1992, which shall read as follows: "ARTICULO 5o - d) When the Selected Postulant has among its members construction companies, service providers or suppliers of goods, the concessionaire may directly engage with them the execution of works, the provision of services or the provision of goods as the case may be.
When the concessionaire is required to engage with third parties not members of the Postulant Selected the construction, the provision of goods or the provision of services, it will employ procedures that safeguard the transparency and consistency of selection processes, which will be communicated to the Control Body for approval sufficiently in advance.
In the event that a shareholder of the concessionaire was an offerer, the provisions of Articles Nros should be observed. 248 and 272 of Act No. 19.550 on Commercial Societies and their amendments. Art. 3o -
Note the BICAMERAL COMMISSION established by Article 14 of Act No. 23,696. Art. 4o -
Contact, post, give to the National Directorate of the Official Register and archvese.- MENEM.- Domingo F. Cavallo.
REGULAR ADMINISTRATIVE REGULATION OF PRESTATIONS, FISCALIZATION AND CONTROL AND PROTECTION OF THE USER AND
- MARCO REGULATORIO-
ACCESS TO THE CIUDAD OF GOOD AIRES
CONTENTS CHAPTER I - GENERAL
ARTICLE 1 - OBJECT
ARTICLE 2o - AMBITO
ARTICLE 3o - DEFINITIONS CHAPTER II - CONDITIONS OF THE
ARTICLE 4o - CONDITIONS
ARTICLE 5o - CONCESION SYSTEM CHAPTER III - CONCESION
ARTICLE 7 - DEBERS AND ATRIBUTIONS
ARTICLE 8 - CONTRACTIONS CHAPTER IV - PROTECTION OF USERS
ARTICLE 9 - RIGHTS OF USERS CHAPTER V - CONTROL ORGANIZATION
ARTICLE 10. - CREATION
ARTICLE 11. - TERRITORIAL COMPETENCE
ARTICLE 12. - CAPACITY
ARTICLE 13. - RESOURCES
ARTICLE 14. - APPLICABLE RULES
ARTICLE 15. - CONTROL
ARTICLE 16. - FACULTIES AND OBLIGATIONS
ARTICLE 17. - DIRECTORY
ARTICLE18. - USER REGULATIONS
ARTICLE 19. - REGLAMENT OF EXPLOTATION OF ACCESS
ARTICLE 20. - REGIME OF INFRACTIONS AND SANTIONS
ARTICLE 21. - ASESORA COMMISSION
ARTICLE 22. - FACULTIES OF THE DIRECTORY
ARTICLE 23. - REMUNERATIONS
ARTICLE 24. - BUDGET
ARTICLE 25. - STAFF CONTRACTS CHAPTER VI - EXTINATION OF THE CONCESION
ARTICLE 26. - CAUSAS
ARTICLE 27. - COMPETENT AUTHORITY CHAPTER VII - PROGRESS OF THE
ARTICLE 28. - PLAZO CHAPTER VIII - CONFLICT SOLUTION
ARTICLE 29. DECISIONS OF THE CONTROL BODY
ARTICLE 30. - ADMINISTRATIVE CONTENTION
ARTICLE 31. - ARBITRAJE
ARTICLE 32. - We got it and we got it.
ARTICLE 33. - We're getting from the USERS. CHAPTER IX - BIENES REGIME
ARTICLE 34. - DEFINITION OF BIENES
ARTICLE 35. - ADMINISTRATION
ARTICLE 36. - MAINTENANCE
ARTICLE 37. - RESPONSIBILITY
ARTICLE 38. - RESTITUTION
ARTICLE 39. - GARANTIAS CHAPTER X - REGIME
ARTICLE 40. - REGIMEN CHAPTER I - GENERAL Article 1 - Object
The present framework regulates the benefits, control and control and the protection of the user and the property of the State in the concessions to be granted under the law No. 17.520, Law No. 23.696 and regulatory decree 1105/89 and modifications, for the construction, improvement, repair, conservation, expansion, remodeling, maintenance, administration and exploitation of the network of access to the city of Buenos Aires defined in Decree No. 2637 of 29 Article 2 - Ambito:
The territorial scope of application of this regulatory framework is composed of the areas of the Federal Capital and of the parties of the Province of Buenos Aires in which there are the integral accesses of the Network.
The physical sphere, in particular, is composed of:
(a) Access indicated in Annex I to Decree No. 2637/92 and its toll and load control posts;
(b) Its facilities;
(c) Distributors or intercoms, access and exit branches of the concessional routes, their bridges and collectors.
(d) Canteros, bananas and adjacent land to the limits of property other than concessions, as set out in the respective contracts of each access. Article 3 - Definitions:
For the purposes of this regulatory framework:
Access Network: The routes indicated in Decree 2637/92 and those subsequently incorporated.
Conceiver Authority: The National Executive Branch.
Implementing Authority: The Ministry of Economy and Public Works and Services of the Nation.
Concessionary: The anonymous company that constitutes the applicant selected pursuant to Article 5 (c) of Decree No. 2637 of 29 December 1992.
Users: The natural or legal persons who use the network or the complementary services provided in the areas involved.
Control body: Entity of supervision and control of the fulfilment of the obligations of the concessionaires.
Obligations of the concessionaire: Construction, improvement, repair, maintenance, expansion, refurbishment, maintenance and exploitation required by the concessionaires for the respective concession contracts. CHAPTER II - CONDITIONS OF THE Article 4 - Conditions
The concessionaires should take the necessary measures to ensure that the services are provided in conditions that guarantee their continuity, quality, generality and safety for efficient delivery to users and environmental protection.
To that end, it should have the facilities, equipment and personnel necessary to attend to the normal and foreseeable events and should carry out the work required by extraordinary events without delay. The organization of the services should allow the circulation without delay, congestions or discomforts that harm users. Article 5 - System of concessions:
The system for the granting of public works by toll established in Law No. 17.520 and its amendments introduced by Law No. 23.696, its regulations, Decree No. 2637/92, the present regulatory framework, the concession contract and the legal and regulatory rules that are now approved by the competent authority shall be used. CHAPTER III - CONCESION Article 6 - Requirements
The concessionaire must have sufficient technical and economic-financial capacity to properly meet the object of the concession whose requirements are stipulated in the fold of bases and conditions (res. M. E. and O. and S. P. 1485 of 30 December 1992).It shall be constituted in the form of an anonymous company whose shares will be listed in the Stock Exchanges and Stock Markets in the percentage and modes established in the dec. 2637/92 and the concession contract. Article 7 - Duties and powers
Without prejudice to the provisions of concession contracts, the concessionaire shall have the following duties and powers:
(a) Comply with all tasks, services and obligations relating to the construction, improvement, repair, maintenance, expansion, refurbishment, maintenance, administration, and exploitation of the access granted to it by the contract and its Annexes, Decree 2637/92, this regulatory framework and the applicable regulations.
(b) During the period of the concession, it shall develop projects, issue reports and keep records as follows:
(b) 1. Develop the total or partial executive projects of the works to be carried out, the final work plans of the stipulated works and the plans according to work, in the times and formalities provided for in the concession contract and its annexes.
(b) 2. Elevar annually, starting in the first year of the concession, a written report called "annual report", according to the format approved by the control body, in order to evaluate in all its aspects the fulfilment of the obligations of the concessionaire. The control body may require other reports in intermediate periods.
(b) 3. Perform measurements, statistics, censuses and controls that stipulate the concession contract and its annexes, allowing the control body to enter the units where the control systems are in order to impose its data, verify and control its results. The aforementioned body may independently make such measurements as it deems appropriate, using or not the facilities and documentation of the concessionaire.
(b) 4. Maintain adequate and complete accounting and extra-contable records that summarize the technical, commercial, financial and personnel information that should be accounting and technically auditable and represent the past, current and proposed state of the activities of the concessionaire. These records will be available to the technical and accounting auditors for their study as required by the control body. Information on income, costs, assets and liabilities to be supplied by the concessionaire must be made by applying the general accounting principles accepted in the Argentine Republic.
The control body may, within the contractual guidelines and those of this framework, regulate what it deems appropriate for the purpose of properly completing these tasks.
(c) He may act as an expropriating subject in the terms of article 2 of Act No. 21.499, for which he shall have the prior authorization of the implementing authority, which shall determine the characteristics, operational modalities and scope. The concessionaire will pay the costs derived from the release of traces.
(d) Request the authority of application to establish restrictions on the domain and servitude in the terms of articles 2611 and concordants of the Civil Code and the rules governing the powers of the State in the matter.
(e) To make proposals to the control body concerning any aspect of the concession.
(f) To dispose of movable property, administer and maintain the assets affected to the concession under the conditions set out in chapter IX and in the concession contract.
(g) To agree with public service providers, institutions or individuals as necessary to carry out the planned works. The concessionaire shall take all the precautions to avoid causing damage to surface or groundwater facilities in the area of the road. In the event that it is necessary to remove or adapt facilities and do not agree to do so, it will require the intervention of the control body. The costs of removal and/or adequacy of the facilities shall be borne exclusively by the concessionaire.
(h) Publish information sufficiently in advance so that users can have general knowledge of the work plans to be carried out. The work should be programmed and executed in such a way as to cause minor discomfort to users, taking all appropriate measures for their safety and comfort.
(i) Enabling properly signaled transit pathways and taking all precautions in construction or repair areas. The control body may, after an intimation, provide for the discontinuation of the works until it is done.
(j) To pay the relevant fees in the terms of chapter X of the present and the modalities established by the concession contract.
(k) Sanction the offences committed by users and require the assistance of the control body where necessary, as provided for in the contract and in the regime of offences and sanctions (art. 16, art. c) and art. 20).
(l) Perceiving the income obtained from the exploitation of areas of services expressly approved by the control body under the conditions established in the respective contracts. The occupation of spaces for commercial exploitation in the accesses will be restricted, in accordance with the norms of the NACIOANL DIRECTION of VIALITY in the matter and the provisions of the concession contract, the traffic, the security of the users and the environmental impact must be privileged.
(m) Ensuring compliance with its contractual obligations and adequate restitution of assets affected by the concession, presenting before the inauguration, a guarantee in favour of the national State, MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES, unconditional and enforceable in whole or in part. The concession contract shall establish its amount, update, risks to cover, procedure of execution and recomposition. This guarantee shall be in full satisfaction of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, which may require further changes or improvements in the same, in order to keep it appropriate to the original requirements.
(n) Hiring insurance that establishes the concession contract without prejudice to those imposed by the relevant legislation. The contracting of insurance by the concessionaire shall not diminish its direct and principal responsibility for all obligations under the concession contract, above any insurance contract. The concessionaire, prior to the inauguration, must accompany copies of the insurance policies or certification of the existence of the insurance policies produced by the insurer. During the course of the concession, the concessionaire must establish the validity of the concessions on a regular basis. The policies shall tax the obligation of the insurer to notify the control body of any omission of payment in which the concessionaire incurs, which may determine the expiry or loss of validity thereof, with a minimum advance of fifteen (15) days. The concessionaire must obtain the approval of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, the insurance policies and the proposed insurance companies.
(ñ) To act on behalf and representation of the consignor, before the competent agencies to obtain the appropriate authorizations and permits for the development of its activity, being fully responsible for the timely implementation of the proceedings.
(o) Approval of the control body prior to the commencement of the collection of toll fees, a "Regulation of exploitation of access" (art. 19). Article 8 - Contracts
8.1. General principles
The time limit for contracts to be concluded by the concessionaire with third parties shall never exceed the time of the concession, in consequence of the expiration of such contracts.
Contracts shall include a clause stating that the consignor or the service consignor may continue the contracts when the concession is extinguished for any reason prior to the expiration of its term.
8.2. Service areas
In contracts entered into by the concessionaire in respect of areas of services in which its contracter had made unpaid investments, the latter ' s right to terminate the concession before the expiration of the period shall be retained, which shall be stipulated in the respective concession contract. CHAPTER IV - PROTECTION OF USERS Article 9 - User rights
Users of the access network to the city of Buenos Aires have the following rights, without prejudice to those that establish the remaining rules of the legal system:
(a) Use of concession routes, goods and services. To that end, such use may not be prohibited to any natural or legal person, provided that it complies with existing rules. The case of sanctions applied in accordance with the provisions of the infractions and sanctions regime (art. 20).
(b) Security: Concessionaries shall ensure the safety of users by omitting the performance of work without adequate protection and signalling. They must also ensure that all the elements mentioned in chapter IX are in perfect conditions of use and transitability, providing for immediate repair when they are damaged.
(c) Quality: Require the concessionaires to provide the services according to the applicable quality levels and to claim to them if this is not the case.
(d) Information: Receive general information on the services provided by concessionaires in order to be able to use them fully. You should also provide them with advance information of any circumstances that alter transit and services.
The approved tariff regime and its eventual modifications should be made known to users in due time.
The right of users to receive information referred to in this paragraph may indistinctly apply to concessionaires or to the control body.
(e) Claim: To apply to the control body for failure to comply with the obligations of the concessionaires, as set out in the user ' s rules of procedure set out in article 18.
The control body should have a claim office at its headquarters.
(f) Environment: To learn about the "environmental law" tables that the control body will carry as set out in article 16 (e), and to propose the measures to be taken for the defence and improvement of the environment. CHAPTER V - CONTROL ORGANIZATION
Article 10. - Creation
Refer to the scope of the SECRETARIAT OF PUBLIC AND COMMUNICATIONS OF THE MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, the ORGAN OF CONTROL OF THE ACCESS NETWORKS TO THE BUENOS AIRES CIUDAD, which will be responsible for the supervision, inspection, audit and monitoring of the performance of the contracts of such access. Article 11. - Territorial competence
The control body shall have jurisdiction within the scope of application defined in chapter I of the present and, outside it, where there are facilities operated by the concessionaires for the provision of services, or linked to the object of the concessions. Article 12. - Capacity
The control body shall act as a decentralized agency of the National Civil Service, enjoy economic and financial autarchy and possess full legal capacity to act in the areas of public and private law, and its heritage shall be constituted by the goods transferred to it and by those acquired in the future by any title. It will have its headquarters in the city of Buenos Aires. Article 13. - Resources
The resources of the control body to cover its operating costs will be as follows:
(a) The percentages provided for in article 8, paragraph 2 and 3, of Act No. 17.520.
(b) Fines and penalties applied to both concessionaires and users and third parties, in accordance with the provisions of the Regulations on Offences and Sanctions.
(c) Subsidies, inheritances, legacies, donations or transfers under any title receive.
(d) Any other funds, assets or resources that may be allocated under applicable laws or regulations.
(e) Interests and benefits resulting from the management of their own funds.
(f) The rounding of the rate in accordance with the provisions of the concession contract. Article 14. Applicable rules
The control body shall, for approval by the national executive branch, develop the draft of its organizational structure; and for approval by the implementing authority the draft of its internal regulations and a general rule governing its financial, property and accounting management, in a whole in accordance with the provisions of Act No. 24.156. It shall be constituted and in a position to perform its functions prior to the entry into force of concession contracts. Article 15. - Control.
The control body shall be governed by the provisions of this regulatory framework, the regulations that are issued and the applicable legal rules in this area. It will be subject to external control established by the public pain regime. Article 16. - Faculty and Obligations
For its purposes, the control body has the following powers and obligations.
(a) Complying and enforcing the regulatory framework and contracts for the granting of ACCESS TO THE CIUDAD OF GOOD AIRES and its complementary standards by ensuring effective control and verification of concessions and services provided to users.
(b) To elect the approval of the SECRETARY OF ARTWORKS AND COMMUNICATIONS a user regulation based on the guidelines set out in article. 18.
(c) To eliminate the approval of the SECRETARY OF PUBLIC AND COMMUNICATIONS a regime of infringements and sanctions in accordance with the guidelines of art. 20.
(d) Ensure the protection of property and public security in the construction and exploitation of concessions.
(e) Environment: Develop an ecological grid in which the environmental impact of access works and services will be recorded on a monthly basis from the database report data to be prepared when each access is enabled and to be part of the respective contract. On this monthly table you will propose the measures to be taken by the concessionaire for the constant improvement of the environment and the maintenance of the quality booths established by the Secretariat of Natural Resources and Human Environment.
(f) To propose to the Secretary of Public Works and Communications the conclusion of activities with the public and private bodies appropriate for the adoption of measures aimed at addressing the protection and improvement of the environment in a comprehensive manner.
(g) Request the concessionaires the documents and reports necessary to verify the proper fulfilment of their obligations.
(h) To publicize, in due time, the work plans and the tariff tables approved.
(i) Fiscalize compliance with the obligations of the concessionaires for which the economic-financial, accounting, administrative, legal, tax and technical control tasks of the concessions must be carried out.
(j) To ensure that concessionaries comply with approved construction and maintenance plans.
(k) Analyze and propose to the SECRETARY-GENERAL PUBLIC AND COMMUNICATIONS plans for improvements and expansion of services in concessional areas.
(l) To analyse and issue an analysis of the annual report to be submitted by the concessionaires, to publicize their findings and to take appropriate measures.
(m) Attend user claims regarding the provision of services or fees, and produce in all cases a well-founded decision.
(n) Verify that the concessionaires comply with the current tariff regime and any other obligation arising from this regulatory framework, the concession contract and the other applicable rules.
(ñ) Intervene in decisions related to the termination of concessions, rescue or extension contracts, raising their findings to the SECRETARY OF ARTWORKS AND COMMUNICATIONS.
(o) Apply to concessionaires the penalties set out in concession contracts and the sanctions and infringements regime for breach of their obligations; and propose those to be applied by the enforcement authority.
(p) Hiring with private entities the provision of administrative consultancy services, or of technical counter-lords as authorized by the application authority.
(q) To submit an annual report to the SECRETARY for PUBLIC AND COMMUNICATIONS on the activities carried out, suggestions on measures to be taken, and compliance with the obligations of the concessionaires.
(r) To require the Secretary of Public Works and Communications to request the enforcement authority to provide the concessionaires with precautionary intervention when cases of extreme gravity and urgency affect the service or endanger the works or security of the users.
(s) Control the concessionaires in all matters relating to the maintenance of the facilities affected to the works and services that are transferred or acquired by them on the basis of the concession, in accordance with the terms of the respective contracts and the provisions of this framework.
(t) Establish, at the request of the concessionaires, the assets to be affected to expropriation or servitude.
(u) To maintain rigorous confidentiality of the commercial information obtained from the concessionaires, without prejudice to the provisions of the article (e).
(v) To intervene in the value of contributions in kind for the formation and subsequent increases of the capital of the concessionary society and to monitor the annual social capital adjustments provided for in the concession contract.
(w) Fiscalize the validity of insurance and guarantees, and their updates if applicable.
(x) Intervene in tariff updates.
(y) To carry out, in general, all other acts that are necessary for the performance of its functions, the objectives of this regulatory framework and the applicable statutory rules and contractual provisions.
The above-mentioned powers may not be exercised in such a way as to interfere or obstruct the provision of the service or to imply the subrogation of the control body in the functions of the concessionaires. Article 17. - Directory
17.1. The control body will be led and administered by a DIRECTORY consisting of CINCO (5) members:
3. Technical Director
4. Financial Director
5. Legal Director
17.2. Board members must meet the requirements for public officials and have proven experience and suitability in line with their activities.
17.3. The SECRETARIAT OF PUBLIC AND COMMUNICATIONS will nominate the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES candidates who meet the necessary conditions of suitability to occupy the positions of the first Directory of the control body.
The MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES will propose to the NATIONAL EXECUTIVE PODER the nomination of candidates nominated by the SECRETARY OF PUBLIC AND COMMUNICATIONS.
Members of this directory will remain in charge until the start of the toll collection in all accesses. The same procedure shall be applied for the removal of its members, or in case of resignation or waiver.
17.4. Subsequently to fill the Board ' s charges, a public examination must be called in accordance with the legislation in force. They will serve for the term of five years, being able to be re-elected indefinitely.
17.5. The President shall exercise legal representation and in case of impediment or temporary absence, shall be replaced by the Vice-President.
17.6. Members of the Board who had been appointed by competition may only be removed with just cause.
17.7. The Board shall form a quorum with the presence of three (3) of its members, one of which shall be the president or the vice president, and its resolutions shall be adopted by a simple majority. The president or replacement will have a double vote in the event of a tie. Article 18. - User Regulation
It is the instrument that contains the basic guidelines of circulation in the access and use of the different services provided in them. It should, in turn, contain the regulatory rules of user procedures and claims in accordance with the provisions of chapter IV and the principles of speed, economy, simplicity and effectiveness of procedures.
The "User Regulation" shall establish the way and manner in which the queries and claims of the users will be received and addressed. The concessionaire ' s poor attention will be considered a serious lack of service. Article 19. - Regulation of Exploitation of Access
It is the instrument that contains the basic guidelines of road exploitation of access - with or without toll in cases where there is - and of commercial exploitation of the areas of service.
The assignee ' s responsibilities for the tasks established in the contract, in the solicitation documents and in the relevant technical annexes will be specified there.
The "Regulation" should include, in particular, the mode of exploitation of access, the mode of perception of rates, the organization of exploitation and the services to be provided in the roads involved in the concession, and the protection of the environment.
The rules governing commercial exploitation, modalities, location and characteristics of activities that may be developed in the areas of service of access reserved for this purpose should also be established there. Article 20. - Infruit and Sanctions Regime
It is the instrument that regulates the procedure for the application of appropriate penalties for violation of legal, regulatory or contractual provisions, ensuring the principle of due process, with respect to dealers and users. Article 21. Advisory Commission
The control body will have an ASESORA ad honorem COMMISSION consisting of representatives of associations or entities linked to the road and users.
A representative of the Province of Buenos Aires and of each jurisdiction of the parties concerned may be invited to participate in the review and advice on matters affecting them. Article 22. - Colleges of the Board
The functions of the Board will be:
(a) Apply and monitor compliance with the legal and regulatory rules governing the activity of the control body.
(b) Develop the draft of its internal rules of procedure, as well as the draft of its organizational structure, which the implementing authority will raise for approval to the NATIONAL EXECUTIVE PODER.
(c) To advise the SECRETARY of PUBLIC AND COMMUNICATIONS in all matters falling within the competence of the body.
(d) Recruit and remove the staff of the control body, in accordance with existing legislation.
(e) Formulating the annual cost and resource calculation budget that the SECRETARY for PUBLIC AND COMMUNICATIONS will raise to the approval of the implementing authority.
(f) Develop annual memory and balance.
(g) Manage assets that integrate the assets of the control body.
(h) Carry out recruitments to meet their own needs.
(i) Grant general or special powers and revoke them.
(j) To delegate to its staff and staff the powers it deems appropriate for efficient and economic performance of its functions.
(k) Formulate and organize methodologies for the control of the development of concession contracts, programme the procedures for economic-financial, legal and taxation, accounting, administrative and technical audit of concessions.
(l) Establish when the rules to which security concessionaires, censuses, controls, maintenance, reporting, billing, etc should be adjusted.
(m) In general, perform any other act necessary for the better performance of its functions, the purposes of this framework and concession contracts. Article 23. - Remuneration
The remuneration of the Board shall be fixed by the NATIONAL EXECUTIVE POWER. Article 24. - Budget
The budget should be balanced and progressively tend to be superviant by entering the surpluses at the end of each year to General Rents. Article 25. - Staff recruitment
25.1. Recruitment of staff shall be carried out in accordance with the legislation in force.
25.2. The SECRETARY OF ARTWORKS AND COMMUNICATIONS shall issue the relevant resolutions for the National Road Authority to carry out, by itself or by third parties, the work of control of the relevant technical aspects under the supervision of the Technical Directorate of the control body. CHAPTER VI - EXTINATION OF THE CONCESION Article 26. - Causes
The concession shall be extinguished by the expiration of the contractual period, by termination or rescuing of the contract as set out in the concession contracts. Article 27. - Competent Authority
The termination of the concession contract must be resolved by the NATIONAL EXECUTIVE POWER. CHAPTER VII - PROGRESS OF THE Article 28. - Period
At the end of the concession the NATIONAL EXECUTIVE PODER may have its extension by DOCE (12) months after its extinction when there are no operators in a position to assume the delivery of the services. In such a case the concessionaire shall be obliged to continue for that period in the current terms of the concession contract. CHAPTER VIII - CONFLICT SOLUTION Article 29. Decisions of the control body
Decisions of the control body may be appealed to the enforcement authority.
Against the decisions of the latter are remedies and remedies corresponding to the application of the National Administrative Procedures Act and its regulations (Decree No. 1759/72, T.O. 1991). Article 30. - Administrative Dispute
In all trials to which the control body is a party, the courts shall be competent in the federal administrative dispute with seat in the Federal Capital. Article 31. - Arbitration
Conflicts of singular significance not derived from the exercise of the police power that are assumed between the control body and the concessionaires may be resolved by means of arbitrators according to the rules established in the contracts. Article 32. - Claims and Procedures
All matters brought to the attention of the control body should be carried out as expeditiously as possible, guaranteeing the right of defence of the concessionaires and users as appropriate. Article 33. - We search users
All claims of users regarding service or fees shall be deducted from the concessionaires or the control body as set out in the user regulations. CHAPTER IX - BIENES REGIME Article 34. - Definition of Understanding Goods
The assets covered by the concession are:
(a) Those that the concessionaire receives with the award of access, which shall be described in the manner established in the concession contract.
(b) Those that the concessionaire acquires or builds in order to fulfil the obligations under his or her office, as prescribed in the contract. Article 35. Administration and Provision
The concessionaire shall have the administration of all the goods received with the concession or which it has acquired or built, and must be adjusted to the requirements of the service.
The concessionaire may also dispose of the movable goods in disuse that were not useful for the provision of the service, such as columns and lighting elements, debris, etc., in consultation with the control body. Article 36. - Maintenance
All goods involved in the service shall be maintained in good condition of conservation and use, with periodic renewals, provisions and acquisitions corresponding to the nature and characteristics of each type of asset and the needs of the service. Article 37. Responsibility
The concessionaire shall be responsible, before the national State and third parties, for the proper administration and disposition of the goods affected to the service, as well as for all obligations and risks inherent in its operation, administration, maintenance, acquisition and construction, with the scopes stipulated in the concession contract. Article 38. - Restitution
It shall be without charge, upon expiry of the time limit of the concession, the transfer to the national State of all the goods affected to the service, whether they have been transferred with the concession or have been acquired or built during its validity.
Except as provided in the preceding paragraph are those assets that have been disposed of and/or replaced by others during the duration of the concession, with the intervention of the control body.
The goods must be delivered in good conditions of use and exploitation considering the service as a comprehensive system that must be restored in perfect condition of operation. Rule 39. - Guarantees
The concession contract shall provide for the manner in which the concessionaire shall strengthen the performance of its obligations in accordance with the provisions of this framework.
It will also contemplate in the cases of extinction of the Concession, the way in which it will guarantee the restitution of the goods. CHAPTER X - REGIME Article 40. - Regmen
The tariff regime will be established in the Concession Contract.