PRIVATIZATIONS Decree 2333/94 Approve the actions of the Ministry of Economy and Public Works and 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 4 (Rock Line) of Metropolitan Railways S.A.

Bs. As., 28/12/94

VISTO Issue No. 086/93 of the registration of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES - SECRETARIAT OF TRANSPORT,

CONSIDERING:

That Decree No. 1143 of 14 June 1991 established the normative framework for the granting of the Concessions of Exploitation of the Railway Services of Passengers .de Surficie y Subterráneos. 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 4, correspondiente a los servicios de la Línea ROCAles de FERRO

That by Resolution No. 431 of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES dated 27 March 1992 the Particular Conditions of Public Licitation for that Service Group were approved.

That by Resolution No. 1115 of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES of 24 September 1992 was declared qualified in the terms of Article 22.2. (On No. 1) of the above-mentioned Formation and General Conditions of Licitation, the offerer of METROPOLITANO INTEGRATE TRANSPORTS (TRAINMET).

That by Resolution No. 1368 of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES of 1 December 1992 he was also declared qualified in the terms of Article 22.3. (about 2-A).

That by Resolution No. 69 of the MINISTERY OF ECONOMY AND PUBLIC ARTWORKS AND SERVICES of 12 January 1993, it was designated, on the basis of the joint financial offer contained in the corresponding About No. 2-B, Preadjudicator of the Service Group 4.

That the Preadjudicator proposed partial modification of its composition originated in the withdrawal of some members and the absorption by the remaining percentages of the participation of those, which was considered and dictated favorably by the Working Group for the PRIVATIZATION (RESOLUTION No. 110/92 of the MINISTERY OF ECONOMY AND OURS AND OVERVIEWS PUBLICS dated 15 December 1994 authorised the new conformation of the Preadjudicator, now composed of ORMAS SOCIEDAD ANONIMA INDUSTRIAL, COMMERCIAL, INMOBILIARIA AND CONSTRUCTORA; ROMAN SOCIEDAD ANONIMA COMERCIAL; E.AC.S.A. - EMPRESA ARGENTINA DE CONSTRUCTIONS SOCIEDAD ANONIMA; COMINTERSA, INTERNATIONAL TRADE SOCIEDAD ANONIMA, COMERCIAL, INDUSTRIAL, FINANCIAL, INMOBILIARIA AND AGROPULARIA; D.G.T. ELECTRONIC SOCIEDAD ANONIMA; METROPOLITANO INTEGRATE TRANSPORTS TRAINMET SOCIEDAD ANONIMA; T.A.T.A. ANONIMA COMMERCIAL AND INDUSTRIAL TRANSPORTS AUTOMOTORS ARGENTIN TERRITORIES; CENTRAL EMPRESS THE AUTOMOTOR TRANSPORT ANONIMA SOCIEDAD; ANTON TRANS DEPORTS S.A.C.; INMOBILIARY INDUSTRIAL COMMERCIAL ANONIMA SOCIEDAD; TRANSPORTS ANONIMA SOCIEDAD; ANONIMATE SOCIETY SOCIETY COMPANY; ANONIM OF TRANSPORT SOCIETY; COMPANY OMNIBUS 25 MAY 278 2LINEA ANTIME SOCIED ANNOUNCED, COMMERCIAL AND INDUSTRIAL TRANSPORTS; TRANSPORTS TRANSPORT BY AUTOMOTOR; AUTOMOTOR TRANSPORTS RIACHUELO S.A. (TARSA); ATLANTIDA SOC TRANSPORTS. ANON. COMMERCIAL; MICRO OMNIBUS GENERAL SAN MARTIN SOCIEDAD ANONIMA COMERCIAL; CASIMIRO ZBIKOSKI SOCIED BY ACTIONS; TRANSPORT AUTOMOTORS SAN LORENZO SOCIEDAD ANONIMA, COMERCIAL, INDUSTRIAL AND INMOBILIARY INDICAL TRADE; ANONIM SOCIEDAD; ANONIM SOCIEDAD INDEPENDENCE; SAN BOSCO SOCIEDAD OF LIMITED RESPONSIBILITY; A.B.L.O.S.A.; COSTERA COLECTIVE COMPANY CRIOLLA SOCIEDAD ANONIMA AND COMPAÑIA OF TRANSPORTS RIO DE LA PLATA SOED ANONIMA, and culminating in the bidding process, it was awarded the concession of the exploitation of the railway services of passengers of the ROCA Line of METROPOLITANOS S.A. approved at the same time the status of the company anonymous concessionaire.

That the investment program originally defined by the Implementation Authority and included in the Specific Conditions fold approved by the aforementioned Resolution No. 431/92 of the MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICOS has been modified by agreement between the Ministry and the Adjudicator in order to bring it into line with the current needs of the services, without implying a greater total disbursement in respect of the original program, or an increase in the present value of the payments corresponding to it.

That the General SINDICATURA OF NATION has taken in these actions the intervention that belongs to it.

That also, the BICAMERAL COMMISSION FOR THE STATE REFORM - LEY 23,696, has been aware of the actions in the present.

That within the term provided for in Article 26.1 of the Pledge of General Bases and Conditions of Licitation, the Adjudicator complied with its obligation to constitute itself in the form of an anonymous society, according to the provisions of Law No. 19.550 (T.O. 1984), with the name of METROPOLITANOS GENERAL ROCAL S.A. (in formation).

That, therefore, having been subscribed the corresponding Contract of Concession and its Annexes by the Minister of Economics and Works and Public Services on behalf of the NATIONAL STATE and by the company TRANSPORTS METROPOLITANOS GENERAL ROCA S.A. (in formation), ad-referendum of the NATIONAL EXECUTIVE PODER, it is appropriate to resolve its approval.

That the attention to the provisions of Article 26.4 of the Pledge of General Bases and Conditions of Litigation should be granted the exemption provided for in Article 31 of 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 99, paragraph 1 of the National Constitution and Law No. 23.696.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 todo Approved all that was performed by the MINISTERY OF ECONOMY 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 Group of Services 4 (Line ROCA) of METROPOLITANOS METROPOLITANOS S.A. Art. 2o . Approved the Contract of Concession and its Annexes signed by the Minister of Economics and Works and Public Services with METROPOLITANOS GENERAL ROCA S.A. (in formation) that as an Annex is an integral part of this decree. Art. 3o . Adjudicatory companies 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. 4o al Facultase the MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICS to make the interpretations, clarifications and modifications necessary to the Contract of Concession which is approved by this decree. Art. 5o . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. Guido Di Tella.

NOTE: This Decree is published without an Annex. The Unpublished Documentation can be consulted at the Central Headquarters of this National Directorate (Suipacha 767 - Capital Federal).