RAILWAYS Argentine railways Argentine law 27.132 political of reactivation of the railways of passengers and of loads, renewal and improvement of the infrastructure railway, incorporation of technologies and services. Declaration of interest public national. Sanctioned: April 15 of 2015 enacted: Mayo 20 of 2015 the Senate and Chamber of deputies of the nation Argentina gathered in Congress, etc. sanction with force of law: article 1 °-Declaranse of interest public national and as target priority of the Republic Argentina it political of reactivation of them railways of passengers and of loads, it renewal and the improvement of it infrastructure railway and the incorporation of technologies and services that contribute to the modernization and to the efficiency of the system of transport public railway , to ensure the integration of the territory national and the connectivity of the country, the development of the economies regional with equity social and the creation of employment.
(Article 2 °-establishment as principles of the political railway the following: to) the administration of the infrastructure railway from the State national; (b) the participation public and private in the provision and operation of the services of transport public railway; (c) the interconnection of the systems railway and the intermodality of them services of transport; (d) the maximization of the investment and of them resources employees for the provision of a service railway in conditions of efficiency and security; (e) the incorporation of new technologies and modalities of management that contribute to the improvement of the provision of the service rail; (f) the protection of the rights of them users, with attention special to them people with disability or with mobility reduced, ensuring their rights to the access to them services of transport railway in appropriate conditions of quality; (g) the promotion of conditions of free accessibility to the network national railway of loads and of passengers, based in the principles of objectivity, transparency and not discrimination.
Article 3 ° - the national executive power shall take the necessary measures for the purpose of resuming full throughout the national railway infrastructure management and the management of train traffic control systems, and may so resolve, becomes property unaffected, rescue, upbraid or if renegotiate concession contracts signed with Nuevo Central Argentino society anonymous , Approved by decrees Ferroexpreso Pampeano Sociedad Anonima and Ferrosur Roca Sociedad Anonima https://www.boletinoficial.gob.ar/pdf/linkQR/bmt0VGRYaksvdHBycmZ0RFhoUThyQT09, 994 of June 18, 1992, 1.144 of June 14, 1991 and 2.681 of December 29, 1992, respectively; the concession agreements for passenger signed with joint-stock company Metrovías and Ferrovías society anonymous concessionaire, approved by decrees 2,608 of 22 December 1993 and 430 of March 22, 1994, as well as the concession agreements signed with the provinces in the context of the 532 Decree of 27 March 1992 currently in force.
Article 4 - settle the form of open access to the national rail network for the operation of cargo and passenger transportation services. The mode of access open for the operation of them services railway of loads will allow that any operator can transport the load with origin and destination in any point of the network, regardless of who stop it ownership or tenure of them facilities of the point of load or destination. To the purposes of it willing in the present, the power Executive national will create a (1) register of operators of load and of passengers.
Article 5 ° - dispónelos is the company of Argentine society of the State Railways, into the orbit of the Ministry of the Interior and transportation, subject to the regime established by law 20.705, relevant provisions Law 19.550 commercial societies (t.o. 1984) and its modifications that may be applicable to you and to the rules of its Statute, which shall serve to integrate and articulate different functions and competencies that are assigned the societies created by law 26.352 and by Decree 566 of the 21 may 2013 and the articulation of the entire national railway sector.
(Article 6 - the Argentine society of the State Railways Company, will have the following functions and powers: to) propose lines of action coordinated and practices among the society operates railway society State railway infrastructure company of the State and the society Belgrano Cargas and logistics society anonymous administration; (b) approve the policies, plans, programs and projects aimed at the constant improvement of rail transport that carried forward society railway operator society State, society of State railway infrastructure management and the society Belgrano Cargas and logistics society anonymous and supervise their implementation; (c) any other activities that make the fulfilment of its tasks.
Article 7 ° - the national executive power shall approve the bylaws of the Argentine society of the State Railways society created by this law, subject to its guidelines, and will carry out all the acts necessary for the establishment and implementation of the same, may expressly delegated this faculty in the Ministry of the Interior and transportation.
Article 8 - the Ministry of the Interior and transportation will oversee the development of Argentine society of the State Railways.
Article 9 - the management and directors of the Argentine society of the State Railways Company will be in charge of a (1) directory consisting of one (1) representative of the Secretary of transportation of the Ministry of the Interior and transportation appointed by the Ministry, the President of the Board of administration of railway infrastructure State society or society that https://www.boletinoficial.gob.ar/pdf/linkQR/bmt0VGRYaksvdHBycmZ0RFhoUThyQT09 replace it in the future , the President of the Board of the society society of State railway operator or society that replace it in the future, the President of the directory of Belgrano Cargas and Logistica Sociedad Anonima or society that replace it in the future, two (2) representatives designated by the Ministry of the Interior and transportation to the proposal of trade unions with legal personality representative of the railway sector and one (1) representative of users designated by the Ministry the Interior and transportation.
ARTICLE 10. -The regime of budgetary, financial, accounting and procurement of the company created by article 5 ° will be determined in their respective Statute.
ARTICLE 11. -Labour relations of the Argentine society of the State Railways Company shall be governed according to the legal regime established by law 20.744 (t.o. 1976) and its modifications, or which in the future replace it.
ARTICLE 12. -Society that is created by article 5 shall be subject to the internal and external controls of the national public sector in terms of the law 24.156. In the management of their affairs should ensure transparency in the decision-making process, the effectiveness of controls and promote mechanisms of participation of the various sectors of activity and society.
ARTICLE 13. -Transfierense the Argentine society of the State Railways Company, created by article 5 of the present, the nominative certificates representing the hundred percent (100%) of the capital stock of the management infrastructure railway society of the State and society railway operator society State, national State-owned, the shares representing forty percent (40%) of the share capital corresponding to the administration of society the State railway infrastructure and actions that represent the thirty and five per cent (35%) of the share capital corresponding to society railway operator society of the State in society Belgrano Cargas and logistics society anonymous and actions that represent the sixteen percent (16%) of the capital in Nuevo Central Argentino company, Ferroexpreso Pampeano Sociedad Anónima and Ferrosur Roca anonymous society, national State-owned.
ARTICLE 14. (-Replacements subparagraphs b) and (c)), of article 3 of the Law 26.352, which shall be drawn up in the following way: b) the preparation and approval of projects of railway infrastructure forming part of the railway network, its construction and rehabilitation is carried out by its own resources, third-party, or associated with third-party and pursuant to as determined by the Ministry of the Interior and transport and can agree with the charges operators or passengers authorization for the execution of the works of improvement and renewal of the areas of the network that provide services; (c) the control and inspection of railway infrastructure to administer.
ARTICLE 15. (-Incorporanse to article 3 of law 26.352, as subparagraphs m) and n), the following: m) the management of control systems of trains and maintenance of railway infrastructure itself or through railway operators that assign this task; (n) the layout of them services and in your case the approval of them diagrams presented by the operators of load or of passengers.
ARTICLE 16. -Replace is the article 7 ° of the Law 26.352, which will be drafted in the following
https://www.boletinoficial.gob.ar/pdf/linkQR/bmt0VGRYaksvdHBycmZ0RFhoUThyQT09 form: article 7: create society society of State railway operator subject to the regime established by the law 20.705, relevant provisions of law 19.550 and amending laws that may be applicable to you and to the rules of its Statute, which will be responsible for the provision of rail passenger transport services, in all its forms , that you are assigned, including the maintenance of the material rolling, the maintenance of it infrastructure railway that use for the operation of the service railway to its charge and the management of them systems of control of circulation of trains, these two latest functions where les are assigned by the administration of infrastructure railway society of the State. Society society of State railway operator be able to develop all the actions that are necessary or desirable to better carry out its functions, carrying out acts of administration or provision that are necessary for the fulfilment of the same, including through participation in societies or companies, domestic or foreign, subject to the provisions of the legislation in force.
ARTICLE 17. (-Replacements subparagraphs to) and c) of article 8 of the Law 26.352, which shall be drawn up in the following way: to) assume, third or associated with third parties through the provision of rail passenger services which assigned you, which are concession and that different grounds to revert to the State, as well as new services that are created; (c) manage and dispose of the tractive and towed material assigned for railway operation and those which purchase or incorporate in the future for any title.
ARTICLE 18. (-Incorporanse to article 8 of law 26.352, as subparagraphs e) and f), the following: e) maintain the rail infrastructure which is assigned by the society of State railway infrastructure management; (f) manage the systems of control of circulation of trains that you are assigned by the management of infrastructure railway society of the State.
ARTICLE 19. -Replace the article 1 of the Decree 566 21 of may of 2013, which will be drafted in the following way: article 1: dispónelos is the company of Belgrano Cargas and logistics society anonymous, in the orbit of the Ministry of the Interior and transport under the rule of law 19.550 of corporatization - t.o. 1984-, and its amendments and standards of its statute which will aim at the provision and exploitation of the service, operation and logistics of trains, by itself, through third parties or associated third parties, care stations, maintenance of rolling stock, equipment, cargo terminals, telecommunications services, the maintenance of the railway infrastructure and trains control systems management These last two functions should be assigned by the society of the State railway infrastructure administration, and can also perform all other activities complementary and subsidiary of the national railway network of loads.
ARTICLE 20. -This law regulate in the term of one hundred and eighty (180) days from its publication in the official bulletin of the Republic of Argentina.
https://www.boletinoficial.gob.ar/pdf/linkQR/bmt0VGRYaksvdHBycmZ0RFhoUThyQT09 article 21. -Communicate to the national executive power.
GIVEN IN THE HALL OF SESSIONS OF THE CONGRESS ARGENTINE, IN BUENOS AIRES, TO THE FIFTEEN DAYS OF THE MONTH OF APRIL OF THE YEAR TWO THOUSAND FIFTEEN.
-REGISTERED UNDER NO. 27.132 - AMADO BOUDOU. -JULIAN A. DOMINGUEZ. -John H. Estrada. -Lucas Chedrese.
Date of publication: 21/05/2015 https://www.boletinoficial.gob.ar/pdf/linkQR/bmt0VGRYaksvdHBycmZ0RFhoUThyQT09