SIMPLIFICATION AND DE-BUREAUCRATIZATION FOR THE DEVELOPMENT OF INFRASTRUCTURE

Law 27445

Provisions.


LAW ON SIMPLIFICATION AND DE-BUREAUCRATIZATION FOR THE DEVELOPMENT OF INFRASTRUCTURE

CHAPTER I

Port Activities

Article 1-Substitute Article 9 of the Law on Port Activities, 24.093, for the following:

Article 9 °: The particular ports and terminals which, at the date of promulgation of this law, are in operation with a precarious authorization granted by competent authority and in accordance with the rules governing the matter, shall be Finally authorized by the authority of ministerial rank in whose field the national harbour authority is framed, who must communicate this decision to the Honorable Congress of the Nation, within the period of ten (10) working days counted to from the date of the resolution.

Art. 2 °-Substitute paragraph (a) of Article 22 of the Law on Port Activities, 24.093, for the following:

(a) To advise the authority of ministerial rank in whose field the national port authority is framed in the habilitation of the ports according to the articles 5 ° and 9 ° of the present law.

Article 3-Substitute Article 23 (a) of the Law on Portuguese Activities 24.093, for the following:

(a) the disciplinary system to which the breaches of the laws or regulations governing the holders of the port administrations are to be subjected; The penalties may be: a pecuniary fine of pesos ten thousand ($10,000) to pesos two million ($2,000,000) that will be updated by the implementing authority as the index of consumer prices (CPI) established by the INDEC, the temporary cessation of the operations of one (1) day up to thirty (30) days running, suspension of the rating for a given time and expiration of the rating; remaining open in all cases the recursive route to the appropriate authority in the field administrative and judicial authorities.

Art. 4 °-Establish that the ports in which the national state or the provinces are domain holders and/or are managed by themselves or by third parties prior to the sanction of the Law of Port Activities, 24.093, be exceptionally duly authorized by the diktat of the administrative act by the national port authority, provided that they provide proof of operational conditions through the submission to that authority of a affidavit. The conditions of operation shall be determined by the said authority by administrative act. Once the conditions of operation have been determined, in the event that the administration is not issued within one hundred and eighty (180) business days since the presentation of the affidavit, it will be granted circumstance.

This legal situation is established without prejudice to the continuity of the subjection of the public ports to the power of the police inherent to the national harbour authority and the obligation of adaptation to minimum revenues to be established and the observance of the directives which, in this sense, are directed to them.

Article 5-Substitute Article 6 of Decree-Law 19.492/44, ratified by Law 12.980 and amended by Law 26,778, by the following:

Article 6 °: Where, due to exceptional circumstances, it is not possible to supply a coastal zone or to fulfil a contract because of the absence of Argentine vessels in a position to provide the corresponding service, the the authority of ministerial rank in which the national port authority acts, to grant precarious permission, in each case, to foreign vessels to perform it, and as long as these circumstances of force majeure exist, the same authority to regulate the procedure, as well as to delegate the said authorisation to designate.

On a quarterly basis, the national port authority must inform the Honorable Congress of the Nation of the precarious permits mentioned in this article, specifying each case, deadlines and any information deemed relevant.

CHAPTER II

Civil Aviation

Article 6-Substitute Article 6 of Law 27.161, by the following:

Article 6 °: Create the Argentine Company of Air Navigation of the State (EANA S.E.), in the orbit of the Ministry of Transport, subject to the regime established by law 20,705, relevant provisions of the General Law of Societies 19.550 (t.o. 1984) and its amendments which are applicable to it and to the rules of its statute, which are intended to provide the public air navigation service, in accordance with the scope of Article 2 of this Law.

Article 7-Substitute Article 16 of Law 27.161, which shall be worded as follows:

Article 16: Once constituted, the Argentine Air Navigation Company of the State (EANA S.E.) is transferred to the functions of operational control of the provision of the public air navigation service and the coordination and supervision of the actions of air control, with their respective powers, positions, staff and budget appropriations, as well as the management of the assets assigned to them.

Art. 8 °-Rule 19 of Law 27.161.

Art. 9 °.-Release the National Directorate of Air Traffic Control, under the Ministry of Defense's Ministry of Military Affairs.

Article 10.-Substitute the last paragraph of Article 22 of Law 27.161, by the following:

The National Administration of Civil Aviation (ANAC), by means of letters agreement, must provide the Argentine Company of Air Navigation of the State (EANA S.E.) with all necessary information to perceive any of the revenues and rights established in this law.

Article 11-Substitute Article 24 of Law 27.161, by the following:

Article 24: The National Administration of Civil Aviation (ANAC) continues to exercise the regulation, supervision and supervision of the benefits transferred to the Argentine Company of Air Navigation Society. of the State (EANA S.E.), in accordance with national and international standards issued by the International Civil Aviation Organization (ICAO).

The Argentine Air Navigation Company Company of the State (EANA S.E.), as a service provider, plans and elaborates everything concerning the organization of air spaces, air traffic flow management, transit services air and aeronautical information, for its subsequent elevation to the National Administration of Civil Aviation (ANAC), which oversees, publishes and distributes it nationally and internationally.

The National Administration of Civil Aviation (ANAC) provides the auxiliary services to air navigation and guarantees the offer of professional and technical training to the workers of the Argentine Air Navigation Company of the State (EANA S.E.)

Article 12.-Substitute the second paragraph of Article 28 of Law 27.161, by the following:

The Implementing Unit of Transfer culminates its task once the transfer to the Argentine Company of Air Navigation of the State (EANA S.E.) of the functions of operational control of the provision of the public service of navigation air and coordination and supervision of air control actions with their respective powers, positions, personnel and budget appropriations, as well as the administration of the assets affected to their use.

Art. 13.-Deroganse points (a) and (c) of Annex I to Law 27.161.

Art. 14.-Transfierense from the Directorate General of Air Traffic Control of the Argentine Air Force to the Argentine Company of Air Navigation State Society (EANA S.E.), acting agency in the jurisdiction of the Ministry of Transport, the following powers:

(a) The provision of Air Traffic Management (ATM), Air Traffic Afluence Management (ATFM) and the functions inherent in the report offices of the Air Traffic Services (ARO) and the Aeronautical Information Service (AIS), in the following aerodromes:

1. Tandil Aerodrome.

2. The El Palomar Aerodrome.

3. Reconquista Aerodrome.

4. Villa Reynolds Aerodrome.

5. Moreno Aerodrome.

6. Rio Cuarto Aerodrome.

7. Aeródromo de Termas de Río Hondo.

8. Gallegos River Aerodrome.

9. Old Sauce Aerodrome.

(b) The following means for the provision of the services set out in the preceding points:

1. Twenty-two (22) Argentine Monopulse Secondary Radars (RSMA) manufactured and installed by INVAP S.E.

2. The CNS equipment supporting air traffic services in the aerodromes referred to in point (a) of this Article (ground-to-ground and air-to-ground communications, broadcasting, radio navigation, aeronautical messaging and any other equipment for supporting such services at the aerodrome (s) concerned.

Art. 15.-The transfer mentioned in the previous article to the Argentine Company of the Air Navigation Company of the State (EANA S.E.), acting agency in the jurisdiction of the Ministry of Transport, is carried out with their respective powers, charges, budgetary appropriations, as well as the administration of the assets concerned to their use.

Art. 16.-The commission of services is available and for the period of three hundred sixty (360) days to the Argentine Company of Air Navigation State Society (EANA S.E.), agency acting in the field of the Ministry of Transport, to the all military personnel who at the time perform operational functions in the aerodromes referred to in Article 14 (a) of this measure, in the same places and places as they do to date. The Ministry of Transport may, for the same period, extend the service fee provided for in this Article.

Art. 17. Military personnel who begin to provide services "in commission" for the Argentine Company of the Air Navigation Company of the State (EANA S.E.) will be under the leadership and functional control of the heads that the company will appoint.

Art. 18. The Ministry of Transport is empowered to adopt the complementary and clarifying rules that are relevant to the implementation of this Chapter.

Article 19.-Substitute Article 516 of the Customs Code, as approved by Law 22,415, by the following text:

Article 516: At the request of the operator of the aircraft authorised to operate by international air transport or its agents, the customs service may, at the appropriate airports, enable special storage tanks for the storage of spare parts and other elements which shall determine the rules for the respective airline, which may be removed from or taken from aircraft without further requirements than those laid down for the exercise of customs control.

In addition, at the request of the undertaking entitled to provide the ground-based service to aircraft, the customs service may enable special storage tanks for spare parts and other facilities at the appropriate airports. elements which the said undertaking uses for the provision of 'ramp services' to other domestic and/or international air transport undertakings to its agents.

Quarterly the customs service shall inform the Honorable Congress of the Nation of the ratings in special deposits mentioned in this article, specifying each case, deadlines and all information that is considered relevant.

CHAPTER III

Transit and road safety

Article 20.-Substitute Article 2 of the National Transit Law, 24,449, for the following:

Article 2: Competition. The national, provincial, municipal and municipal bodies of the Autonomous City of Buenos Aires that determine the respective jurisdictions that adhere to this law are implementing and checking the rules contained in this law.

The national executive branch will arrange and coordinate with the respective jurisdictions the measures aimed at the effective implementation of the present regime. Assign the functions of prevention and control of the transit in the national routes and other spaces of the national public domain to the National Gendarmerie and the National Agency of Road Safety.

The National Gendarmerie and the National Road Safety Agency will be responsible for the verification of traffic violations on routes, highways, national semi-highways and other spaces in the national public domain.

Empower the National Gendarmerie and the National Road Safety Agency to act in a complementary manner with the national, provincial, municipal and Autonomous City of Buenos Aires agencies affected by the prevention and transit control, in accordance with the conventions to which such effects are concluded with the jurisdictions.

The local authority concerned may provide by way of derogation, requirements other than those of this law and its rules, where this is laid down by specific local circumstances. It may also issue exclusive rules, provided that they are ancillary to those of this law and relate to urban transit and parking, to the movement of transport vehicles, to blood traction and to other fixed aspects. legally.

The requirements referred to in the preceding paragraph may in no case contain any derogation which would entail a more benign administrative or criminal penalty than the provisions of this law and its rules.

Any provision framed in the preceding paragraph must not alter the spirit of this law, preserving its uniqueness and guaranteeing the legal security of the citizen. To this end, these rules on the use of public roads must be clearly stated in the place of their empire, as a requirement for their validity.

Article 21.-Substitute Article 48 (o) of Law 24,449, by the following:

(o) Circular with an integrated vehicle train with more than one (1) coupled, except for the special and agricultural machinery and the units made up of a tractor unit with two (2) biarticulated semi-trailers.

Article 22-Substitute Article 53 of the National Transit Law, 24,449, for the following:

Article 53: Common requirements. The owners of vehicles of the service of passenger and cargo transport, must have organized the same in order to:

(a) vehicles are circulated under appropriate safety conditions and are responsible for their compliance, notwithstanding the obligation of the driver to inform them of the anomalies he/she detects;

(b) Do not have to use units with greater seniority than the following, unless they are in conformity with the limitations of use, type and quantity of load, speed and others as laid down in the Regulation and in the periodic technical review:

1. Ten (10) years for hazardous substances and passengers.

2. Twenty (20) years for cargo.

The competent authority of transport may establish minor terms according to the quality of service it requires;

(c) Without prejudice to a harmonious design for the purposes of this law, except for those referred to in Article 56 (e), vehicles and their cargo must not exceed the following maximum dimensions:

1. Width: two meters with sixty centimeters.

2. High: four meters with ten centimeters for the units affected to the transport of passengers and four meters with thirty centimeters for the units destined for the transport of loads.

3. Long:

3.1. Simple truck: 13 meters with 20 cm.

3.2. Truck with coupled: 20 m.

3.3. Truck and articulated omnibus: 18.60 m.

3.4. Tractor unit with semi-trailer (articulated) and coupled: 20 m with 50 cm.

3.5. Tractor unit with two (2) biarticulated semi-trailers (Bitrain): 30 m with 25 cm.

3.6. Omnibus: 15 m. In urban areas, the limit may be lower according to the normative tradition and characteristics of the area to which they are affected.

(d) vehicles and their load do not transmit to the road a greater weight than the following:

1. By simple axis:

1.1. With individual wheels: 6 tons.

1.2. With double roll: 10.5 tonnes.

2. By double axis (tandem):

2.1. With individual wheels: 10 tons.

2.2. Both with double roll: 18 tons.

3. Three-fold (tandem) triple axle assembly with double-rolled: 25,5 tonnes;

4. In total for a normal vehicle formation: 75 tons; provided that the vehicle configurations are properly regulated.

5. For coupled or coupled truck individually considered: whatever results from its configuration of axles, in duly regulated configurations.

The regulations define the intermediate limits of various combinations of wheels, the dimensions of the tandem, the tolerances, the use of superwide wheels, the exceptions and restrictions for the special vehicles of transport of others. vehicles on yes.

(e) The ratio between the effective power to the brake and the total weight of drag is equal to or greater than the value 4,25 hp DIN (horse steam DIN) per tonne of weight, with the exception of the established exceptions to be established;

(f) obtain the technical rating of each unit, the proof of which shall be required for any service or vehicle processing;

(g) Vehicles, other than those for urban cargo and passenger transport, are equipped for the purpose of control, for the prevention and investigation of accidents and for other purposes, with an inviolable and easily readable device for the purposes of speed, distance, time and other variables on their behaviour, allowing them to be checked wherever the vehicle is located;

(h) The vehicles shall bear at the rear, on a reflective circle, the figure indicative of the maximum speed which they are allowed to develop;

(i) the non-seers and other disabled persons enjoy in the transport service the benefit of being able to move with the guide animal or the aid apparatus to be recovered;

(j) The road passenger transport service shall provide the user with the necessary instructions for disaster situations;

(k) They shall have the permission, concession, entitlement or registration of the service, on the part of the relevant transport authority. This obligation includes any motor vehicle that is not of exclusive exclusive use.

It is expressly prohibited throughout the national territory to move in traffic of national jurisdiction of vehicles of transport by collective car of passengers who have not complied with the requirements established by the national authority competent in the field of transport and in the existing bilateral and multilateral international agreements relating to motor transport.

The movement of vehicles authorised in point 3.5 of point (c) of this Article shall be limited to road corridors defined by the implementing authority, ensuring the road safety of all those who transit through them through extra safety and precaution measures.

Where the movement of a vehicle in breach of the above paragraphs is verified, the service shall be stopped and the vehicle used until the irregularities checked shall be rectified, without prejudice to the provisions of the the national transport authority shall continue the substantiation of the relevant actions in order to implement the appropriate penalties.

The national executive branch shall have the necessary measures in order to coordinate the actions of the security agencies of the different jurisdictions for the purpose of enabling compliance with the above.

The Ministry of Transport is entrusted with the periodic update of the values set out in this Article, in accordance with the new technologies and needs to be developed in the future.

Art. 23.-Incorporation as point (z) of Article 77 of the National Transit Law, 24,449, the following text:

z) The lack of payment of the toll or consideration for transit.

Article 24-Substitute Article 4 (e) (e) of Law 26.363, as follows:

(e) Create and establish the characteristics and procedures for granting, issuing and printing the national driver's license, and understand in the other enabling powers granted to it by regulatory means for the circulation automobile in the Republic of Argentina.

Art. 25.-Incorporate as point (z) of Article 4 ° of Law 26.363, the following text:

(z) Exercise actions to establish traffic violations on routes, highways, semi-highways, national highways, and other spaces in the national public domain.

Art. 26.-Transfer the powers, objectives and functions of the control organ for road concessions, an organ disconcentrated in the field of the National Directorate of Viality, created by decree 1,994 dated 23 September 1993, its amending and complementary to the National Directorate of Viality, a decentralised body acting within the jurisdiction of the Ministry of Transport.

Article 27.-It is established that the National Directorate of Viality shall exercise the functions transferred by Article 26 of this measure through the General Coordination of Planning and Concessions.

Art. 28.-Transfer the totality of the staff of the control organ of road concessions, regardless of the modality of hiring, to the National Directorate of Viality, maintaining the current conditions of employment with their regimes, levels, (a) the degree and status of the journal, without prejudice to the assignment of other functions resulting from the application of this measure.

Art. 29.-Release the control organ of road concessions.

Art. 30.-It will be established that the National Directorate of Road will be the authority of application of the contracts of road concessions in force and of those that will be awarded in the future.

Art. 31. The Chief of the Cabinet of Ministers shall make the necessary budgetary adjustments for the implementation of the aforementioned transfer. Until such time as the corresponding budgetary adjustments are made, the attention of the eogation that demands the compliance of this law will be carried out by the budgetary appropriations of the National Directorate of Viality.

Art. 32. The national executive branch, through the Ministry of Transport, will dictate the clarifying and complementary rules of this chapter.

CHAPTER IV

Tenders for public works

Art. 33.-Defeat chapters IV, V, VI and XVII of the decree of necessity and urgency 27/2018 of 10 January 2018.

Article 34.-Commune to the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE THIRTY DAYS OF THE MONTH OF MAY OF THE YEAR TWO THOUSAND EIGHTEEN.


MARTA G. MICHELETTI-EMILIO MONZO-Eugenio Inchausti-Juan P. Tunessi.