Decree No. 1.096/1993
See the Draft Law sanctioned under No. 24.197.
Bs. As., 27/5/93
VISTO Draft Law No. 24197 sanctioned by the HONORABLE CONGRESS OF NATION on 5 May 1993 and
That by the bill quoted in the View the HONORABLE CONGRESS OF NATION has sanctioned on May 5, 1993 the norm called "Protection of the human environment and of natural resources. Study of environmental feasibility of engineering projects and public works".
That in accordance with Article 13 of Law No. 21.550, and Article 27 of Law No. 21.981; incorporated into the Permanent Supplementary Law on Budget, is currently the responsibility and function of the MINISTERY OF ECONOMY AND ARTS AND PUBLIC SERVICES, through the SECRETARIAT OF PROGRAMME ECONOMICA analyzes and controls the evaluation of projects carried out by administration, contracting, concession or toll by the National Public Administration, in which the analysis of environmental impact should be included, in accordance with provisions of National Agencies and requirements of External Credit Agencies.
In addition, the NATIONAL EXECUTIVE PODER sent to the HONORABLE CONGRESS OF NATION a draft law establishing the National System of Public Investment, which provides that any project that is included in the General Budget of the National Public Administration, as well as projects originated by private or public organizations that require for their realization of transfers, contributions, guarantees, subsidies, and credits of the NATIONAL EQUA
Notwithstanding the above, taking into account the spirit that encourages draft Law No. 24,197, the NATIONAL EXECUTIVE PODER will propose the explicit inclusion in the draft law creating the National System of Public Investment, of norms that impose the obligation to contemplate in engineering projects and public works, studies of environmental feasibility or the environmental impact they may have.
That the enactment of Act No. 24.197 would lead to duplication of control over the analysis of projects in general and the environmental aspect in particular, significantly increasing the processing time frames for each project.
Moreover, Article 11 of Law No. 24.197 does not clearly arise what are those projects that are subject to their application, nor what are the agencies to which they must be presented. From the wording of the article, it is argued that it will cause confusion and conflicting situations in those works that are in the process of bidding in any of its stages by the hesitation that will exist until its regulation regarding the point in question.
That the present is given in the use of the powers and powers conferred on the NATIONAL EXECUTIVE PODER under Article 72 of the National Constitution.
THE PRESIDENT OF THE ARGENTINA NATION
Article 1 - See the draft Law sanctioned under No. 24.197.
Art. 2° - Return to the HONORABLE CONGRESS of the NATION the Law quoted in the preceding article.
Art. 3° - Contact, post, give to the National Directorate of the Official Register and archvese. - MENEM - Domingo F. Cavallo.