Decree 270/97

Bs. As., 26/3/97

View: Draft Law No. 24,787 sanctioned by the HONORABLE CONGRESS OF NATION dated 5 March 1997 and

CONSIDERING:

That the HONORABLE. CONGRESS OF NATION has provided for in article 4 of the above-mentioned Bill, the incorporation of article 30 bis into the text of Law 24.240.

That the above-mentioned project establishes in article 4 or paragraph 4 that the residual entities of the state companies that previously provided the service should notify the current borrowers in a fehative manner of the details of the debts that the users register, within the CIENTO VEINTE (120) days from the sanction of the same.

That the fifth paragraph of the above-mentioned regulation also prescribes that, in the event that any entity that is entitled to the right does not communicate to the current service borrower the details of the debt within the prescribed time limit, the totality of which may exist prior to privatization shall be condoned.

That compliance with the legal obligations imposed by the project on the residual entities of the privatized companies is difficult for many circumstances.

That among such obstacles, is the fact that the databases of users in arrears of some of these entities are in the possession of the current borrowers, which makes it extremely challenging the task of recovering, debugging and updating such information in such a short period of time, especially taking into account the fiscal detriment generated by compliance with the obligations imposed by the project.

That the provisions of the last two paragraphs of article 4, together with the obligation set out in paragraph 3, would imply the modification of contracts for the transfer of privatized services, as it imposes on the current borrowers the obligation to invoice the residual companies.

That therefore, the time limit of CIENTO VEINTE (120) days is insufficient in accordance with the complexity and importance of the renegotiations of such conventions.

That there would be no differences between types of users in the draft, including those belonging to the public sector, which is colliding with the mechanisms for resolving conflicts between the national State, its entities and the provincial or municipal public sector.

Even if the time limit established was amended, the difficulties set out in the sixth and eighth considerations of the present decree would not be resolved.

That in the merits of the above reasons it is appropriate to observe the fourth and fifth paragraphs of Article 4 of the Draft Law, which is sanctioned under No. 24,787.

That the proposed measure does not alter the spirit or unity of the Draft Law sanctioned by the HONORABLE CONGRESS OF NATION.

That the powers for the dictation of the present arise from the provisions of the article. 80 of the National Constitution.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION IN GENERAL AGREEMENT OF MINISTERS

DECRETA

Article 1 - Note the fourth and fifth paragraphs of Article 4 of the Draft Law, which was enacted under No. 24,787.

Art. 2o - With the exception set out in the preceding article, please amend, and refer to the National Act as a Bill registered under No. 24,787.

Art. 3o - Note the HONORABLE CONGRESS OF NATION.

Art. 4o - Communicate, publish, give to the National Directorate of the Official Register and archívese - MENEM - Jorge A. Rodríguez. - Roque B. Fernández. Susana B. Decibe. - Carlos V. Corach. - Alberto J Mazza. - Elijah Jassan.