COMPENSATION TO DAMNIFICES OF THE LOCALITY OF THIRD RIO

Decree 158/97

The damages of the Nros Decrees are left without effect. 691/95 and 992/95.

Bs. As., 19/2/97

VISTO Decrees No. 691 of 8 November 1995 and 992 of 22 December 1995 and

CONSIDERING

That the regulations mentioned in the Hittite established a system of economic compensation for those affected by the events that occurred on 3 and 24 November 1995 in the Río Tercero Military Factory, of the town of Río Tercero, Province of Córdoba, determining the cases in which the compensation and the ceilings of the compensation could be accessed according to the different kinds of damages found.

That subsequently, the Ministry of the Interior, in its capacity as the enforcement authority of the aforementioned regulations, issued Resolutions M.I. No. 1406/95 entrusting the Office of the Under-Secretary for Programme Management with the receipt, processing and opinion of the origin of the claims for compensation, and M.I. No. 1507/95, which required interpretation criteria to be observed in the application of those rules.

That the time limit set for the receipt of applications and paid almost all of those found admissible, there are cases that require special consideration, either because they were not expressly contemplated in the provisions dictated with immediacy to the events that occurred, either because the damage observed by the official agencies nominated for that purpose, exceeds in their quantification the expected resarption caps.

It is considered to be conducive that, in these cases, the restitution to be granted must be conditioned on the refusal of the beneficiary to make a subsequent judicial claim or the withdrawal from which it had eventually begun, thus commensurate the spirit of solidarity with the prevention of unnecessary litigation that is in the provisions quoted in the Hittite.

That the present measure is issued in the General Agreement of Ministers, following the procedure set out in article 99, paragraph 3, of the NATIONAL CONSTITUTION.

Therefore,

THE VICEPRESIDENT OF ARGENTINA NATION IN GENERAL AGREEMENT OF MINISTERS

RIGHT:

Article 1The loss of compensation for damage to real property provided for in Decrees No. 691/95 and 992/95 is without effect, only for those cases in which the collections carried out by the official agencies intended for the purpose amount higher than those ceilings and provided that the beneficiaries of the compensations thus granted would have relinquished the national State and/or any of its centralized or decentralized bodies.

Art. 2o-Please clarify that the property is within the scope of the compensation provided for in Decrees No. 691/95 and 992/95 for its nature referred to in article 2314 of the Civil Code.

Art. 3o-Please note that when the request for compensation for automotive damage includes several units of the same holder, the amount of compensation may be computed by a sinister unit, conditioned on the beneficiary waive to make a subsequent administrative or judicial claim, in the form and with the scope provided for in the last part of Article 1.

Art. 4o-Please note that compensation for damages to the movable property provided for in Decrees No. 691/95 and 992/95 includes those suffered by zero-kilometer motors, goods and perishable elements, the amount of which may be determined on the basis of reliable valuation guidelines, which allow for an acceptable criterion of reasonableness, the nature and amount of the damage suffered, which may not exceed the maximum amount established for compensation.

Art. 5o-Accept the compensation requests mentioned in Annex I to the present, for the amounts indicated therein, all of them referred to Municipalities and Communes which, due to the explosions occurring in the Río Tercero Military Factory, paid attention to persons evacuated as a result of such sinisters.

Art. 6o-Expenditures for the performance of the present will be charged to the corresponding budget line approved for 1997 in Jurisdiction 90, Public Debt Service, Programme 98, Direct Central Administration Debts.

Art. 7o-The MINISTERY OF INTERIOR, in its capacity as the implementing authority of the present, shall have the payments of the above-mentioned compensations, an act which shall follow the procedure provided for in article 13 of Decree No. 691/95 as amended by Decree No. 992/95.

Art. 8o-Please give account to the HONORABLE CONGRESS OF NATION pursuant to article 99, paragraph 3, of the National Constitution.

Art. 9o-Communicate, publish, give to the National Directorate of the Official Register and archívese.-RUCKAUF.-Jorge A. Rodríguez.-Carlos Corach.-Jorge Domínguez.-Alberto J. Mazza.-José A. Caro Figueroa.-Susana B. Decibe.

Annex I