Key Benefits:
VISTO, Issue No. 1683/98 of the registration of the SECRETARIAT OF NATURAL RESOURCES AND SUSTAINABLE DEVELOPMENT of the NATION PRESIDENCE, and
CONSIDERING:
That Article 20 of Decree No. 146 of 30 January 1998 designates as the Authority for the Application of the Public Service Concession of Public Water Supply and Cloacal Disposals, held with AGUAS ARGENTINAS SOCIEDAD ANONIMA to SECRETARIAT OF NATURAL RESOURCES AND SUSTENTABLE DEVELOPMENT OF PRESIDENCE OF THE NATION by amending the provisions contained in Decrees No. 999 of 18 June 1992, No. 756 of 11 August 1997 and No. 1381 of 29 November 1996.
It is appropriate to delineate the competences of the NATIONAL STATE, in its capacity as CONCEDENTE in the regulatory framework of the concession, established by Law No. 13.577 and Amendments and Decrees No. 999/92 and No. 787 of 22 April 1993 and those of the SECRETARIAT of NATURAL RESOURCES AND SUSTAINABLE DEVELOPMENT of PRESIDENCE OF THE NATION, in its capacity as the Authority of Implementation.
That for reasons of good administrative order and technical specificity of the tasks assigned to the Authority of Application under the terms of Decree No. 146/ 98, it is appropriate to establish the principle that all those actions that the rules that constitute the Contract of Concession place under the CONCEDENTE that do not matter to modify the Agreement of Concession, may be subject to resolution of the Authority of Application, while those that constitute modifications to that contract shall be applied.
That it is appropriate to authorize the Authority of Implementation to approve the modification of the concessional rules already provided for in paragraph 4.1 of the Annex to Decree No. 1167 of 7 November 1997 in the framework of the renegotiation authorized by Decree No. 149 of 14 February 1997 in order to adapt them, in accordance with the actions provided for in the Act of the General Agreement of 30/ 10/97, following the intervention of the Second Committee
That this ensures the criteria of speed, economy, efficiency and effectiveness of administrative management in respect of the public service in relation to which the Implementation Authority has, by its own conformation, better technical aptitude for the resolution of aspects inherent in the usual management of the service.
That this Decree is issued in exercise of the powers conferred by article 99, paragraph 1 of the NATIONAL CONSTITUTION.
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:
Article 1 - Delegate to the SECRETARIAT for NATURAL RESOURCES AND SUSTAINABLE DEVELOPMENT of PRESIDENCE OF THE NATION the competence to decide on matters that have been reserved for the Concession Contract in the context of the Concession Contract and which are not related to the modification and/or termination of the Contract, being its definitive acts at administrative headquarters, including numerals 2.3.3., 6.4, 6.7, 10.1.7, 11.11.4.2.(c). Art. 2o - Authorize the SECRETARIAT OF NATURAL RESOURCES AND SUSTAINABLE DEVELOPMENT OF PRESIDENCE OF NATION, subject to the intervention of the BICAMERAL COMMISSION ON STATE REFORM AND FOLLOW-up to PRIVATIZATIONS LEY No. 23.696 and the General SINDICATURA OF NATION, to align the concessional norms in the terms of the qualification conferred by point 4.1. of the Act, Agreement of 30 October 1997, adopted by Decree No. 1167/97, and instruct the agency to ensure that within the OCHENTA SCIENTA (180) days of its completion, an orderly text of the concessional regulation should be raised. Art. 3o - Communicate to the BICAMERAL STATE REFORMATION COMMITTEE and follow-up on PRIVATIZATIONS LEY No. 23,696. Art. 4o - Communicate. Punish, give yourself to the NATIONAL DIRECTION of the OFFICIAL REGISTRATION and archvese. - MENEM. -Jorge A. Rodríguez.-Roque B. Fernández.