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National System For The Integral Management Of Risk And Civil Protection

Original Language Title: SISTEMA NACIONAL PARA LA GESTION INTEGRAL DEL RIESGO Y LA PROTECCION CIVIL CREACION

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image start infoleg site The Ministry of Justice and Human Rights
NATIONAL SYSTEM FOR COMPREHENSIVE RISK MANAGEMENT AND CIVIL PROTECTION

Law 27287

Creation.

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.

Law:

National System for Integral Risk Management and Civil Protection

Chapter I

From the National System for Integral Risk Management and Civil Protection

Article 1-Create the National System for Integral Risk Management and Civil Protection, which aims to integrate actions and articulate the functioning of national government agencies, provincial governments, and the City Autonomous of Buenos Aires and municipal, non-governmental organizations and civil society, to strengthen and optimize actions aimed at risk reduction, crisis management and recovery.

ARTICLE 2 °-For the purposes of this law it is understood by:

a) Alarm: Notices or signs informing about the existence of a hazard and serves to follow specific emergency instructions due to the actual or imminent presence of an adverse event;

(b) Alert: State declared prior to the event of a threat under monitoring, which allows specific decisions to be taken to activate previously established procedures of action;

c) Threat: External factor represented by the possibility of a phenomenon or an adverse event, at a time, specific location, with a certain magnitude and which could cause damage to people, property; loss of media life; social, economic and environmental disorders;

d) Disaster: Interaction between a threat and a vulnerable population that, by its magnitude, creates an interruption in the functioning of a society and/or system from a disproportion between the means necessary to overcome it and those means at the disposal of the community concerned;

e) Emergency: It is a situation, a damage caused by an adverse event of natural origin or caused by human beings that, by its magnitude, can be attended by the means available locally;

(f) Adverse Event: It is a situation, event or fact that produces alteration in the lives of people, economy, social systems and the environment, caused by phenomena of natural origin or caused by human beings;

g) Emergency Management: Organization and management of resources and responsibilities to address issues related to emergency and/or disaster situations;

h) Comprehensive Risk Management: It is a continuous, multidimensional, inter-ministerial and systemic process of formulation, adoption and implementation of policies, strategies, planning, organization, direction, execution and control, practices and actions aimed at reducing the risk of disasters and their effects, as well as the consequences of the activities related to the management of emergencies and/or disasters. Includes mitigation actions, emergency management and recovery;

i) Crisis management: Actions and measures to address emergencies and/or disasters. Consisting of two components: alert and response;

(j) 'Risk Map' means a graphical representation, with qualitative and quantitative information, of the risks in a given territory (country, province, region, area, municipality, neighbourhood, community);

k) Mitigation: A set of actions aimed at reducing, attenuating or limiting the effects generated by the occurrence of an event;

l) Danger: Potential capacity to cause damage that has a threat;

(m) Preparation: A set of actions aimed at planning, organizing and improving the responsiveness to the likely effects of adverse events;

(n) Prevention: Actions aimed at eliminating the risk, either by avoiding the occurrence of the event or by preventing damage;

(o) Reconstruction: A set of activities to repair the infrastructure, restore production systems and restore the daily life of the affected community;

(p) Recovery: A set of actions after an adverse event that seeks the restoration of adequate and sustainable living conditions through the reconstruction and rehabilitation of the affected area, the goods and services interrupted or deterioration and the reactivation or impetus of the economic and social development of the community;

q) Disaster Risk Reduction: A focus that includes the concept and practice of avoiding and mitigating the risk of disasters through systematic efforts to analyze and manage the causal factors of emergencies and/or disaster, which includes reducing the degree of exposure to threats, reducing the vulnerability of the population and property, a sensible management of soils and the environment, and improving preparedness for events adverse;

r) Resilience: The ability of a community, society or ecosystem to absorb the negative impacts produced, or to recover, once an emergency and/or disaster has occurred. Allows strengthening through the acquisition of experiences, to reduce the vulnerability itself;

s) Response: A set of actions carried out in the event of an emergency and/or disaster, with the purpose of saving lives, reducing health impacts, meeting the basic needs of the affected population, safeguard material goods and preserve the environment;

(t) Rehabilitation: A set of measures and actions aimed at restoring essential services essential to the community affected by an adverse event;

(u) Risk: Probability of a threat to damage when acting on a vulnerable population;

(v) Early Warning System: Mechanism or tool for the provision and dissemination of timely and effective information prior to the manifestation of a threat, by identified responsible institutions, enabling decision-making;

w) Vulnerability: Internal factor of a community or system. Characteristics of the society according to its context that make it susceptible to serious damage or loss in the event of a threat.

Article 3-The National System for Integral Risk Management and Civil Protection aims at the integral protection of people, communities and the environment in the face of the existence of risks.

Article 4 °-The National System for Integral Risk Management and Civil Protection shall be composed of the National Council for Integral Risk Management and Civil Protection, the Federal Council for Comprehensive Risk Management and the Civil Protection.

Chapter II

National Council for Comprehensive Risk Management and Civil Protection

Article 5 °-The National Council for Integral Risk Management and Civil Protection is the highest decision-making, articulation and coordination of national state resources. It aims to design, propose and implement public policies for comprehensive risk management.

Article 6-These are the functions of the National Council for Integral Risk Management and Civil Protection:

a) Determine policies and strategies for the implementation of the Comprehensive Risk Management process within the National System for Integral Risk Management and Civil Protection;

(b) Establish mechanisms for the coordination and coordination of actions of national agencies in the field of comprehensive risk management;

c) Promote and regulate the participation of non-governmental organizations, civil society and the private sector;

d) Designing, determining and implementing a national policy of training and training in comprehensive risk management, taking into account issues of gender equity and respect for the original cultures;

e) Promote the development of resilient communities to contribute to the strengthening of their capacities;

(f) Promote the conclusion of technical cooperation agreements and agreements with public and private, national and international bodies in the field of comprehensive risk management;

g) Participate in the proposals for the implementation of international cooperation mechanisms and systems;

(h) to intervene in the preparation of national documents and reports to be presented to international organizations and conferences;

i) Develop the National Center for Information in Comprehensive Risk Management;

(j) Promote scientific and technical research aimed at the formulation of public policies in comprehensive risk management;

(k) Design an information system as a connecting network to improve communication mechanisms between the Nation, the provinces, the Autonomous City of Buenos Aires and the municipalities;

(l) Contribute to the strengthening of the appropriate mechanisms for the use of human, material and financial resources for care and rehabilitation in situations of emergency and/or disaster;

m) Approve risk reduction, crisis management and recovery plans;

(n) Declare a disaster emergency situation.

ARTICLE 7 °-The Presidency of the National Council for Integral Management of Risk and Civil Protection shall be exercised by the national executive branch and shall be composed of the bodies and departments referred to in the Annex to this Law, without prejudice to those that are included in the future.

ARTICLE 8 °-The National Council for Integral Risk Management and Civil Protection has its functioning with an Executive Secretariat under the Presidency of the Council, which will have the following functions:

(a) to advise the Council on the development of plans and programmes in comprehensive risk management;

(b) to prepare regular reports for the members of the Council;

(c) technically assist the members of the Council in:

1. The development of actions in the area of comprehensive risk management.

2. The design of training and training policies in comprehensive risk management.

3. Actions to strengthen resilient communities.

4. The conclusion of agreements and agreements of technical cooperation with public and private, national and international agencies.

5. Proposals for international cooperation mechanisms and systems.

6. The elaboration of documents and reports to be presented to international organizations.

7. The promotion of scientific and technical research in the field of comprehensive risk management.

8. The elaboration of plans and programs for risk reduction, crisis management and recovery in the area of the National System for Integral Risk Management and Civil Protection.

d) Coordinate the actions of the National Center for Information in Comprehensive Risk Management;

e) Coordinate the information and communication system among the members of the System;

(f) Direct actions and coordinate the use of the human, material and financial resources of the State in the field of Comprehensive Risk Management;

(g) Attend, coordinate and monitor the implementation of the Comprehensive Risk Management plans and programmes;

h) To instruct the National Fund for Comprehensive Risk Management in the use of resources in accordance with the mandates of the Presidency of the National Council for Integral Risk Management and Civil Protection;

i) Call for ordinary and extraordinary meetings of the National Council for Integral Risk Management and Civil Protection when the national executive branch so indicates;

(j) propose additional rules for the best operation of the system;

(k) Coordinate the implementation of information and social communication policies among the various components of the system;

(l) Propose the budgetary reorganization to obtain the resources necessary for the operation of the National System for Integral Risk Management and Civil Protection;

(m) Subscribe to technical assistance and cooperation agreements;

(n) Subscribe to conventions for the establishment of the Network of Scientific and Technical Bodies for Integral Risk Management as set out in Article 15.

Article 9 °-The Presidency of the National Council for Integral Risk Management and Civil Protection, through the Executive Secretariat, shall convene two (2) ordinary meetings per year, at least, without prejudice to the meetings extraordinary events to be held in the event of a major event to coordinate response, rehabilitation and reconstruction activities.

Chapter III

From the Federal Council for Integral Risk Management and Civil Protection

ARTICLE 10. -The Federal Council for Integral Risk Management and Civil Protection is composed of one (1) representative of the national executive branch, one (1) for each province and one (1) for the Autonomous City of Buenos Aires, all with a non-inferior rank. Deputy Minister or equivalent, who will be appointed by the National Executive Branch, by the Governors and by the Chief of Government of the Autonomous City of Buenos Aires, respectively. The Federal Council will also include those responsible for the Civil Protection or Civil Defense agencies of the Nation, the provinces, and the Government of the Autonomous City of Buenos Aires.

ARTICLE 11. -They are functions of the Federal Council for Integral Risk Management and Civil Protection:

a) Understand in the elaboration, advice and articulation of regional and provincial public policies of Integral Risk Management;

b) Promote regional integration for the implementation of public policies of Comprehensive Risk Management;

c) Develop and maintain an updated federal map of Comprehensive Risk Management.

ARTICLE 12. -The Federal Council for Integral Risk Management and Civil Protection will approve its rules of procedure and operation.

ARTICLE 13. -The Executive Secretariat established by Article 8 °, without prejudice to the functions established in relation to the National Council for Integral Risk Management and Civil Protection, shall:

a) administratively assist the Federal Council for Integral Risk Management and Civil Protection in the coordination of meetings, leading to the continuity of issues, backgrounds and priorities and preparing information for the presentations;

b) Canalize the flow of scientific and technical information;

c) Propose working arrangements, meetings, agendas and calls for the development of the Council and for exceptional cases of emergency and/or disaster situations;

(d) to hold the calls for annual meetings and to draw up the respective minutes;

e) Propose mechanisms that articulate the cooperation and assistance between the National Council for Integral Risk Management and Civil Protection and the Federal Council for Integral Risk Management and Civil Protection;

f) Promote the creation of areas or agencies aimed at comprehensive risk management in the provinces, in the Autonomous City of Buenos Aires and in the municipalities;

g) Recommend the implementation of a regulatory framework in Comprehensive Risk Management in the different jurisdictions.

Chapter IV

Other instances of coordination

ARTICLE 14. -Create the Register of Civil Associations, Volunteers and non-governmental organizations for Integral Risk Management in the field of the Executive Secretariat, which will aim to generate an area of exchange of experiences, mechanisms for articulation and coordination and presentation of programmes, plans and projects.

ARTICLE 15. -Create the Network of Scientific and Technical Organizations for Integral Risk Management (GIRCYT), which will be designed to meet the specific information requirements of both Councils, as well as to link and make available these skills, knowledge and information developed in the field of science and technology, enabling efforts to be made and the use of resources optimised.

It will be made up of public scientific and technical bodies, public and private universities, other institutions and bodies recognized in the academic field.

Chapter V

Financing for Integral Risk Management and Civil Protection

ARTICLE 16. -Create the National Fund for Integral Risk Management with the objective of financing prevention actions managed by the Executive Secretariat of the National Council for Integral Risk Management and Civil Protection.

The resources of this Fund will come from the National Budget of the corresponding year, will have a budgetary character and will be governed by law 24,156 and its modifications.

ARTICLE 17. -Create the National Emergency Fund with the objective of financing and implementing the response actions managed by the Executive Secretariat of the National Council for Integral Risk Management and Civil Protection.

The National Emergency Fund shall be of a trust and shall be governed by the rules for this institute, by this law and its rules.

The economic resources of the National Emergency Fund, intended for response actions, shall be composed of:

a) Amounts made by the Nation, the provinces and the Autonomous City of Buenos Aires;

b) Donations and legacies;

(c) Rentas of financial assets;

(d) National and international loans and other loans available to the State at the time of emergency and/or disaster situations;

e) Taxes or charges that are created with specific affectation to this trust;

f) Any other resources assigned to it.

ARTICLE 18. -The national executive branch will implement the constitution and regulate the operation of both funds.

The resources of the National Emergency Fund originated in income from financial assets may be applied to prevention actions only with the authorization of the National Council for Integral Risk Management and Civil Protection.

ARTICLE 19. -contributions to the National Emergency Fund referred to in Article 17 (a) may be made in money or in bonds of the jurisdiction provided for the purpose of not affecting the liquidity of the respective budgets during its constitution or its eventual recapitalization after a major event occurred.

The National Emergency Fund is entitled to the occurrence of an emergency or disaster, established by the National Council for Integral Risk Management and Civil Protection, to provide liquidity by selling its assets or by applying them as collateral in term transactions to obtain short-term liquidity.

General Provisions

ARTICLE 20. -The system created by this law works independently of the one established in law 26.509 (Agricultural Emergency) and any other specific system existing or in the future it is believed.

Without prejudice to the provisions of the preceding paragraph, where the circumstances of the case so require, the National System for Integral Risk Management and Civil Protection may act as a support network at the request of the authorities. competent.

ARTICLE 21. -Deroguese the decree of the national executive branch 1250/99 dated October 28, 1999.

ARTICLE 22. -Defeat the resolution of the Ministry of the Interior 968/2011 dated 19 July 2011.

ARTICLE 23. -The national executive branch shall designate the enforcement authority of this law.

ARTICLE 24. -The national executive branch, within one hundred and eighty (180) days of the entry into force of this law, must proceed to its regulations.

ARTICLE 25. -The resources required by the implementation of this law will be allocated by the national executive branch through the appropriate budgetary adjustments.

ARTICLE 26. -Invite the provinces and the Autonomous City of Buenos Aires to adhere to the terms of this law for the regulation of the National System for Integral Risk Management and Civil Protection, in their respective areas.

ARTICLE 27. -Contact the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE TWENTY-EIGHT DAYS OF THE MONTH OF SEPTEMBER OF THE YEAR TWO THOUSAND SIXTEEN.

-REGISTERED UNDER NO 27287-

EMILIO MONZO. -FEDERICO PINEDO. -Eugenio Inchausti. -Juan P. Tunessi.

ANNEX

PRESIDENCY OF THE NATION

Nuclear Regulatory Authority

CONADIS (National Advisory Commission for the Integration of Persons with Disabilities)

CHIEF OF STAFF OF MINISTERS

MINISTRY OF ENVIRONMENT AND SUSTAINABLE DEVELOPMENT OF THE NATION

ACUMAR (Authority of Cuenca Matanza Riachuelo)

National Fire Management Service

Secretary of Environment and Sustainable Development

MINISTRY OF COMMUNICATIONS OF THE NATION

ENACOM (National Communications Ente)

MINISTRY OF THE INTERIOR, PUBLIC WORKS AND HOUSING OF THE NATION

Secretariat for Municipal Affairs

Secretariat of Provinces

Secretariat of Public Works

National Institute for Seismic Prevention

Regulatory Body for Security of Pressure

National Agency for Water Resources for Sanitation

Water and Sanitation Regulator

Deputy Secretary for Water Resources

National Water Institute

MINISTRY OF FOREIGN AFFAIRS AND WORSHIP OF THE NATION

Commission White Helmets

MINISTRY OF DEFENSE OF THE NATION

Secretary of Logistics Services for Defense and Military Coordination in Emergencies

National Weather Service

National Geographic Institute

Joint General Staff

Argentine Army

Armada Argentina

Argentine Air Force

MINISTRY OF TRANSPORT OF THE NATION

Dirección Nacional de Vialidad

MINISTRY OF FINANCE AND PUBLIC FINANCES OF THE NATION

Secretariat for Economic Policy and Development Planning

National Institute of Statistics and Censuses

MINISTRY OF ENERGY AND MINING OF THE NATION

National Atomic Energy Commission

National Regulatory Authority for Electricity

National Gas Regulatory Body

Secretariat of Mining

Argentine Mining Geological Survey

MINISTRY OF JUSTICE AND HUMAN RIGHTS OF THE NATION

Secretariat for Human Rights and Cultural Pluralism

National Institute against Discrimination, Xenophobia and Racism

MINISTRY OF EDUCATION AND SPORTS OF THE NATION

Secretary for Educational Management

MINISTRY OF SCIENCE, TECHNOLOGY AND PRODUCTIVE INNOVATION OF THE NATION

Technological Scientific Cabinet

Secretariat for Technological Science

National Committee on Space Activities

MINISTRY OF LABOUR, EMPLOYMENT AND SOCIAL SECURITY OF THE NATION

Secretariat for Social Security

ANSES (National Administration of Social Security)

MINISTRY OF HEALTH OF THE NATION

National Directorate for Health Emergencies

Secretary for the Promotion of Health Programs and Community Health

National Institute of Social Services for Retirees and Pensioners

MINISTRY OF SOCIAL DEVELOPMENT OF THE NATION

Secretariat for Institutional Management and Articulation

MINISTRY OF TOURISM OF THE NATION

Secretariat of Tourism

MINISTRY OF AGRO-INDUSTRY OF THE NATION

Secretariat for Coordination and Territorial Development

National Institute of Agricultural Technology

MINISTRY OF SECURITY OF THE NATION

Secretariat for Civil Protection and Comprehensive Emergency Management and Catastrophes

Federal Police Argentina

Argentina National Gendarmerie

Argentina's Naval Prefecture

Airport Security Police

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