Decree No. 430/94
Approve the actions of the Ministry of Economy and Public Works and Services on the occasion of the National and Internal Public Litigation for the Concession of the Exploitation of Passenger Railway Services for the Northern Belgrano Line.
Bs. As., 22/3/94
VISTO Issue No. 088/93 of the registration of the MINISTERY OF ECONOMY AND PUBLIC SERVICES SECRETARIAT OF TRANSPORT,
That Decree No. 1143 of 14 June 1991 established the normative framework for the granting of concessions for the exploitation of the railway services of passengers - of surface and underground - of the METROPOLITANA AREA of good AIRES, through the procedure of Public Licitation.
That by Resolution No. 1456 of the MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICS dated 13 November 1991 was approved the Pliego de Bases y condiciones Generales a regir en las Licitaciones Públicas de Carácter Nacional e Internacional para la Concession de la Explotación de los Servicios Ferroviarios de Pasajeros dentro de el precitado Decreto, sorts en SIETE (7) grupos, entre estos el Grupo de Servicios 6 correspondiente a los servicios de la Línea BELCARNO
That by Resolution No. 682 of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES of 4 June 1992 the Particular Conditions of Public Licitation for that Service Group were approved.
That by Resolution No. 1115 of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES of 24 September 1992 it was declared qualified in the terms of Article 22.2. (On N.1) of the aforementioned Pliego de Bases y condiciones General de la Licitación, al oferente CAMINHOS DE FERRO PORTUGUESES, E.P. and OTRAS - U.T.E. FERROVIAS DEL SUR; by Resolution No. 1433 of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES of 17 December 1992 it was also declared qualified in the terms of Article 22.3 (On N. 2-A); and by Resolution No.71 of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES of 12 January 1993.
That by submission of 1 November 1993 the Preadjudicant proposed a partial change in its composition and the replacement of the technical assistant, which was considered and dictated favourably by the Working Group for the Privatization (RESOLUTION No. 110/92 of the MINISTERY OF ECONOMIC AND ARTWORKS AND SERVICES) INDUSTRIAL PROCESSING OF LAMINATE ARGENTIN RESIDUAL SOCIEDAD ANONIMA; C.O.D.I. CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . EDUARDO GRAGLIA, and LUIS JAVIER PICCO; and, culminating in the bidding process, it was awarded to the same, the concession of the exploitation of the railway services of passengers of the BELGRANO NORTE Line of FERROCARRILES METROPOLITANOS S.A., at the same time approving the project of acta constitutiva and of statute of anonymous.
That the General SINDICATURA OF NATION has taken the intervention that is within it, and the BICAMERAL COMMISSION FOR THE REFORM OF STATE-LEY 23,696, has taken note of the action.
Within the term provided for in article 26.1. The Adjudicator fulfilled its obligation to form an anonymous company, in accordance with the provisions of Act No. 19.550 (T.O. 1984), with the name of ANONIMA CONCESIONARY SOCIEDAD FERROVIAS, and with the record of having initiated the corresponding registration procedures.
On 3 February 1994, the respective Contract of Concession and its Annexes was signed by the Minister of Economics and Works and Public Services on behalf of the NATIONAL STATE and the signature ANONIMA CONCESIONARIA (in formation).
Consequently, the approval of the Concession Contract, which has been subscribed ad-referendum to the NATIONAL EXECUTIVE PODER.
That in accordance with the provisions of article 26.4. of the Law No. 19.550 (T.O.1984).
That the legal advisory service of the MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICOS has taken in these proceedings the intervention that it is responsible for.
That the corresponding pronouncement fits the powers of article 86, paragraph 1 of the National Constitution and Act No. 23,696.
THE PRESIDENT OF THE ARGENTINA NATION
Article 1.- Approve all actions by the MINISTERIO DE ECONOMIA AND ARTWORKS AND PUBLIC SERVICES on the occasion of the National and International Public Litigation for the Concession of the Exploitation of Passenger Railway Services for the Service Group 6 (BELGRANO NORTE Line) of METROPOLITANOS S.A.
Art. 2°- Approve the Contract of Concession and its Annexes signed by the Minister of Economics and Public Works and Services with FERROVIAS SOCIEDAD ANONIMA CONCESIONARIA (in formation) that as an Annex is an integral part of this decree.
Art. 3. The companies that are members of the Adjudicate shall not be subject to the limit established by article 31, first paragraph, of Law No. 19.550 (T.O. 1984) and its amendments.
Art. 4°- Faccinate the MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICS to make such interpretations, clarifications and modifications as may be necessary to the Contract of Concession as approved by this decree.
Art. 5°- Contact, post, give to the National Directorate of the Official Register and archvese. MENEM.- Domingo F. Cavallo.
NOTE: This DECRETO is published without an Annex. The unpublished documentation can be consulted at the Central Headquarters of this National Directorate (Suipacha 767- Capital Federal) or at the headquarters of the Coordination Unit, Avda. Ramos Mejía 1302, Piso 5° Oficial 504.