NATIONAL SYSTEM OF PUBLIC INVERSIONS
Bs. As; 22/8/94
VISTO Draft Law No. 24,354 passed on 28 July 1994 and communicated by the HONORABLE CONGRESS OF NATION for the purposes provided for by the Article. 69 of the NATIONAL CONSTITUTION, AND
It creates the National System of Public Investments within the framework of the SECRETARIAN ECONOMIC PROGRAMME of the MINISTERY OF ECONOMIC AND ARTWS AND PUBLIC SERVICES, taking into consideration the Message 585 of the NATIONAL EXECUTIVE PODER dated 1 April 1993.
That in the text sanctioned by the HONORABLE CONGRESS OF NATION is contained in article 2o, a new paragraph in paragraph "a) Preinvestment", identified with number three (3), which is essential to veto as well as the contents of Annex II of the bill under consideration.
That the paragraph of Article 2 above referred to as being conducive to veto establishes the rules and procedures to be fulfilled for the realization by the competent environmental authority of the studies of feasibility or environmental impact on the projects described in Annex I, which are those considered to be of strong environmental impact.
That the rules and procedures for the conduct of such studies provided for in Annex II are of great complexity and thoroughness, which would result in an increase in the processing times of such studies, while making it difficult for the adoption of new methodologies that arise permanently in this topic and which would therefore lead to a rapid de-updating of the System that is created.
That Annex II, which is also encouraged to veto, in addition to these procedures, provides in paragraph 3 that "The projects not included in the payroll of Annex I shall be analyzed by the competent environmental authority who, within a not greater period of SESENTA (60) working days of receipt, shall determine whether or not the studies of feasibility or environmental impact are carried out.
That such forecasts are not compatible with the provisions of Article 5 of the Law, which imposes on the body responsible for the system, among others, the responsibility to "Establish and develop on the basis of national and sectoral policies and according to generally and internationally accepted criteria, methodologies, account prices, relevant indicators and decision criteria to be used in the formulation and evaluation of public investment programmes and projects", which implies the inclusion of the environmental impact.
That the diversification of such functions between different agencies, in those projects which, because of their characteristics, do not have a strong environmental impact, is therefore not appropriate, since this could devise the desired purpose through the creation of the national public investment system, to which an unnecessary prolongation of the processing time is added.
That the NATIONAL EXECUTIVE PODER fully shares the basic principle that sustainable economic development is not achieved, if the consequences of the implementation of projects are not in harmony with the preservation of ecological balance, an aspect that is fully guaranteed by the provisions of Article 5 of the Law and the provisions of paragraph 14 of Annex I.
That therefore and attentive that the legal provisions referred to in the preceding considerations do not make to the essence nor to the purpose of the content of the law as a whole, the measure that is promoted does not alter the normative unity of the same, nor its applicability, but instead reconciles both aspects, eliminating a factor of disturbance of the same, which does not appear in the project elevated by the NATIONAL EXECUTIVE POPE, which originates
That, therefore, it is appropriate to make use of the faculty conferred on the NATIONAL EXECUTIVE POWER by Article 72 of the NATIONAL CONSTITUTION.
THE PRESIDENT OF THE ARGENTINA NATION
Article 1. Note in article 2 (a) Pre-investment, paragraph 3 (3) of the Bill registered under No. 24,354, the expression "In that case, the rules and procedures shall be in accordance with the provisions of Annex II to this Act."
Art. 2o -- Note Annex II of the draft law registered under No. 24,354.
Art. 3o -- With the exceptions set out in the preceding articles, please amend, and refer to the National Act for the Bill registered under No. 24,354, which creates the National Public Investment System.
Art. 4o -- Communicate, publish, give to the National Directorate of the Official Register and archvese. -- MENEM. -- Sunday F.Cavallo.