Law N ° 20.680. Modification.

Original Language Title: Ley N° 20.680. Modificación.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
NEW regulation of relations of production YCONSUMO new regulation of the relations of production and consumption 26.991 law Law No. 20.680. Modification. Sanctioned: 17 September of 2014 promulgated: 18 September of 2014 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. sanctioned with force of law: new regulation of the relations of production and consumption article 1 ° - replace article 1 ° 20.680 law and its modifications, by the following: article 1: this law shall govern with respect to the purchase and sale, Exchange and location of furniture things, works and services - their direct or indirect commodities and their input - the same whatever benefits - either their nature , contract or legal relationship which the has originated from free or onerous, usual or occasional - character intended for production, construction, processing, marketing, health, food, clothing, hygiene, housing, sport, culture, transport and logistics, leisure activities, as well as any other movable or service that meets - directly or indirectly - Basic or essential requirements aimed at the well-being of the population. The scope of this law includes all economic processes relating to such goods, benefits and services, and all other economic activity linked directly or indirectly to the same stage. They are exempted from the regime established in this law, the economic agents considered micro, small or medium-sized enterprises (MSMEs), in accordance with the provisions of the law 25.300, always that they not hold a dominant position within the meaning of articles 4 ° and 5 ° of the law 25.156.
((((((((Article 2 °-replacements them articles 2 ° and 3 ° of the law 20.680 and its amended, by them following: article 2 °: in relation to all it understood in the article 1 °, in case of configure is any of them alleged planned in them interjections to), b), c), d), e), f) and g) of the article 4 °, the authority of application may: to) establish, for any stage of the process economic margins of utility, reference prices, maximum and minimum price levels, or some or all of these measures; (b) dictate standards regulations that govern it marketing, intermediation, distribution and/or production, except for them issues relating to infringements to them duties formal expected in it law 11.683, t. or. 1998, and their modifications; (c) have the continuity in the production, industrialization, marketing, transport, distribution or provision of services, as also in the manufacturing of certain products, within them levels or fees minimum that attaches the authority of application. For the purpose of setting these levels or minimum quotas, the enforcement authority shall take into account, with respect to the forced, following data and elements: I) usual volume of production, manufacture, sales or services. (II) capacity production, situation economic of the subject required and equation economic of the process or activity. The enforcement authority in the disposition of this action, must contemplate that continuity in production, industrialization, marketing, transport, distribution or provision of services, as well as in the manufacture of certain products, viable economically, failing, will establish a fair and timely compensation; (d) to agree subsidies, where necessary to ensure the supply and/or the provision of services; (e) requiring all documentation relating to commercial enterprise or economic actor turn; such information shall be quiet and confidential, and will be used exclusively in the framework of the competences assigned to the enforcement authority. You can also request information on the selling prices of the goods or services produced and rendered, as well as its availability for sale; (f) require the presentation or display of all kinds of documents, correspondence, books, trade papers and anything else relating to the management of the business; perform skills techniques; ((g) proceeding, if necessary, to the kidnapping of all the elements referred to in subparagraphs f) and h), for a maximum period of thirty (30) days; (h) create records and force carrying special books that they provide; (i) establish commercial licensing regimes. Which are required by the application of this standard and that they consider that as a result they will suffer serious and irreparable economic damage, they may request the total or partial revision of the measures affecting them. However, this not excused them to strict compliance with obligations imposed, while not adopted resolution in relation to your request, which must be held within fifteen (15) business days of the claim. In case otherwise void the measure.
Article 3: the Governors of province or the head of Government of the city of Buenos Aires, by itself or through agencies or officials who determine, may fix - within their respective jurisdictions - maximum prices and relevant complementary measures, while the Executive branch or the national enforcement agency does not provide for them, realizing immediately to the latter. Such prices persist as long as the Executive branch do not use of powers which that object agree you to this law. ((((Also may have the measures authorized in those subparagraphs e), f), g) and h) of the article 2 °. Also the above mentioned authorities, and only insofar as it concerns supplies within their respective jurisdictions, may change the prices fixed by the national authority application, as long as the location of the source of production, lower incidence of freight or any other circumstance or factor will enable a reduction of the same. Where on the other hand, these factors will determine the need to increase those, it should require prior authorization to the national agency of application; who must be issued at the end of fifteen (15) business days; otherwise, the price proposed by the local authority will be approved.

( article 3 ° - replace item 4 ° 20.680 law and its amendments, with the following: article 4: sanctions provided for in article 5 and, where appropriate, in article 6, there will be those who: to) Elevaren artificial or unjustified prices in way that does not respond proportionally to increases in costs , or winning unfair profits; (b) they revaluaren inventories, except for express clearance of the enforcement authority; c) Acapararen raw materials or products, or exceeding the necessary stock belong, whether acts of nature monopoly or not, to respond to the usual plans of production or demand; (d) they intermediaren or permit intermediate unnecessarily or artificially create stages in the distribution and marketing; (e) Destruyeren goods or goods; or they prevent the provision of services or they made any other Act, whether monopolistic nature or not, they tend to make scarce their production, sale, or transportation; (f) they negaren or unjustified restringieren of the sale of goods or the provision of services, or redujeren without cause the normal production or not incrementaren it, having been intimados by the enforcement authority to this effect with five (5) business days in advance, in case of production capacity, to meet the demand; (g) Desviaren or discontinuaren the supply normal and usual of a zone to another without cause justified; (h) no they have for sale or discontinuaren, according to the respective commercial industry, the production of goods and services with levels of maximum and minimum prices, or set utility margins, except the justified exemption established by regulatory means, taking into account industry, habitually, modality, situation of market and other circumstances of each case; ((((i) not entregaren invoice or proof of sale, information or documentation provided for in article 2, subparagraphs e) and f) of the present, or exercise their activity outside the records and licenses provided for in article 2, subparagraph h) e i) of this Act, if applicable, all in the form and conditions established by the regulations; (j) they vulneraren any of the provisions which they adopt is in exercise of the powers conferred by articles 2 ° and 3 ° of this law.
Article 4 ° - replace item 5 ° 20.680 law and its amendments, with the following:

(Article 5 °: who commit in them acts or omissions expected in the article 4 °, will be subject of the following sanctions: to) fine of pesos five hundred ($ 500) to pesos ten million ($ 10,000,000). This latter limit may be increased up to three times the profit made in infringement; (b) closure of the establishment by a term of up to ninety (90) days. During the closing, and by another period equal, not may transfer is the background of trade or the goods affected; (c) disqualification of up to two (2) years for the use or renewal of credits that grant them entities public subject to the law 21.526 of entities financial, and its amended; (d) Comiso of them goods and products object of the infringement; (e) special disqualification for up to five (5) years to exercise the trade and the public service; (f) suspension of up to five (5) years in the State vendor records; (g) loss of concessions, privileges, special tax or credit schemes that will rejoice. The sanctions provided for in this article may be imposed independently or together, shaped according to the circumstances of the case.
((((( article 5 ° - replace article 6 ° 20.680 law and its modifications, by the following: article 6: in case of recidivism the ceilings on the amounts of the subparagraph a) of article 5 ° and the terms of its subparagraphs b), c), e) and f) may rise up to double the original sanction.
Article 6 ° - replace article 7 ° 20.680 law and its amendments, with the following: article 7: for the fixation of the sanctions of any kind, personal or pecuniary, be taken into account in each case: to) the economic dimension of the company, business or exploitation, notably attending the capital in turn; (b) the position in the market of the offender; (c) the effect and socio-economic importance of the infringement; (d) the profits generated with sanctioned behavior and its temporary duration; (e) the prejudice caused to the market or consumers.
Article 7 ° - replace article 8 ° 20.680 law and its modifications, by the following: article 8: when infringements that are punishable under this law have been committed for the benefit of a legal person, Association, or society, you will be given character's part, without prejudice to the responsibility of the authors. In cases of conviction to a legal person, Association, or society loss of status and the expiration of the prerogatives which it had agreed it may be imposed as a supplementary punishment. Managers, administrators, managers and members of such entities that have participated in the Commission of the offence sanctioned acting with intent or gross negligence, there will be a sanction provided for in subsection 5° article to), decreasing to a quarter the minimum and maximum limits to impose.
Article 8 ° - replace article 9 ° 20.680 law and its modifications, by the following: article 9: all those who obstruyeren dificultaren the action of policymakers from the emerging provisions of this law or monitor and control the observance of the same or of the provisions which, in consequence, handed down, or does not satisfy the requirements of the enforcement agencies they will be liable for a fine of up to one million pesos ($ 1,000,000).
Article 9 °-replace is the article 10 of it law 20.680 and their amended, by the following: article 10: the verification of them violations to the present law and to them standards that is dictate in its consequence, and it conduct of them performances that by them is originate, is adjusted to the procedure that then is sets and others formalities that them authorities of application determine (: a) an act of verification be worked with indication by the acting official, especially affected by the Agency's application, the names and addresses of witnesses, if any, and in the same Act shall be notified to the alleged infringer, or its factor or employee, that within the ten (10) business days will present its defence in writing and provide evidence , if any, should be, also indicate the authority before which should make your presentation and provide copy of the proceedings. This record is explicitará imputed conduct and the relevant circumstances of the type corresponding to the offence; any of those named may leave settled the records it deems appropriate and that relate to the fact or made reason and to present witnesses; (b) the evidence will be accepted only in case of controversial facts and always that are not manifestly irrelevant. (c) the testing must occur within a period of ten (10) days extendable when there is justified cause, taking in desistidas those not produced within this period, for reasons imputable to the offender; d) completed the trial proceedings, within a period of five (5) business days, will dictate the final resolution, which must have prior legal opinion.
ARTICLE 10. (- Replace articles 12 and 13 of the Act 20.680 and its modifications, by the following: article 12: for the accomplishment of its mission, acting officials can: to) require the assistance of the security forces; (b) enter and inspect in hours and days of operation, industrial, commercial premises and establishments, and request the competent judges search warrants when it should undergo this procedure in days and non-working hours or the dwelling place or room of the alleged infringer; (c) kidnapping books and anything else relating to the administration of the business for a maximum period of up to thirty (30) days; (d) intervene the merchandise in violation, even though it was in transit, naming depositary; (e) preventive action close up to three (3) days the premises in which it has found breach, where this is indispensable for the best course of the investigation, or if there is imminent risk of that continue to commit the offence. The authority of application may request judicially the extension of this term, up to a maximum of thirty (30) days; (f) to intervene and declare frozen goods that have been the subject of a move to reduce the offer; (g) cite alleged offenders so that they attend provide or extend Declaration at a date to be fixed, which must be later than the two (2) days following the event. Also you can include persons harmed by an infringement or eyewitnesses of the same, to those who refuse to sign as such the corresponding minutes.
Article 13: In all cases closing, whether preventive or temporary, offenders may immediately remove perishable goods, provided that they do not constitute elements of essential tests. Duration of the preventive or temporary, closing the prevented or punished shall pay in full the compensation staff in dependency ratio.
ARTICLE 11. (- Replace article 14 20.680 law and its modifications, by the following: article 14: goods that are intervinieren by virtue of the provisions of article 12, subparagraphs d) and f), may be sold, locadas or listed when they are perishable or when the supply of them is insufficient, it shall not be necessary prior deposit or trial of expropriation. In case of relapse resolution that exempts its owner liability, the amount of the compensation which eventually appropriate him, following the guidelines established in the field of expropriation shall be fixed on what is relevant.
ARTICLE 12. -Replaced section 15 of the Act 20.680 and its modifications, by the following: article 15: the Executive power shall designate the enforcement authority of this law at the national level, with powers to dictate the complementary norms that are necessary to comply with. Violations of this law affects the rights and economic interests of citizens and the nation. Which were committed in territories of national jurisdiction or when they affect or they may affect the inter-jurisdictional trade, will be controlled and judged at the administrative by the enforcement authority, with the exception of the sanctions of closing and special disqualification to engage in trade or public service which will be imposed at the level of the autonomous city of Buenos Aires , by the national court of first instance in contentious administrative Federal, and in other jurisdictions, at the request of the application, by the corresponding federal judge authority. For the purposes of this standard means inter-jurisdictional trade which is carried out with foreign Nations, which carried out the provinces among themselves or with the autonomous city of Buenos Aires, which practice a province or the city of Buenos Aires with an establishment of national utility, and which performs the latter with the former.
ARTICLE 13. -Replace article 16 20.680 law and its amendments, for the following:

Article 16: The administrative decision imposing sanctions may be challenged only by way of direct appeal to the National Chamber of appeals in the contentious administrative Federal or Federal Chambers competent appeals, according to the seat of the authority which ordered the sanction. The resource must stand and melts with the same authority which imposed the sanction, within ten (10) days of the resolution; enforcement authority must raise the resource with your reply to the Chamber within a period of ten (10) days, accompanied by the record in which the administrative act appealed against had handed down.
ARTICLE 14. -Replaced article 17 20.680 law and its modifications, by the following: article 17: in all cases, to the direct appeal against an administrative decision that impose penalty of fine, must deposit the amount of the fine imposed on the order of the authority which ordered it, and submit proof of the deposit with the notice of the appeal without which it will be dismissed, unless compliance with it could cause irreparable injury to the appellant.
ARTICLE 15. -Replaced article 21 of law 20.680 and its modifications, by the following: article 21: the seized property be sold or locados by the enforcement authority within a maximum of thirty (30) calendar days from the seizure, according to the nature and characteristics of those. In the event that the confiscated goods are perishable, the period shall be reduced to five (5) calendar days; the proceeds of sale or lease you will enter revenue General de la Nación. article 16. -Replace is the article 22 of the law 20.680 and its amended, by the following: article 22: them infringements to this law and its rules complementary will prescribe to them three (3) years. The prescription is interrupted by the Commission of new infringements or the initiation of administrative or judicial proceedings.
ARTICLE 17. -Replace article 27 of law 20.680 and its modifications, by the following: article 27: facing a situation of shortage or scarcity of goods or services that meet basic or essential needs to the general well-being of the population, the enforcement authority may order founded resolution sale, production, distribution or provision throughout the territory of the nation whatever its owner, under penalty for breach of the sanctions provided for in article 5. Such a measure will last time that appoint the rehabilitation of the situation of shortage or scarcity and shall be proportional in its reach to the gravity of the facts that motivate it.
ARTICLE 18. -Replace article 28 of law 20.680 and its modifications, by the following: article 28: to resolve issues not expressly provided for in this law, shall apply supplementary provisions of national law of 19.549 administrative procedures and regulations.
ARTICLE 19. -Repeal them articles 25 and 26 of the law 20.680 and its amended, the article 15 of the law 24.765, and all other standard that is oppose or condition the exercise of them powers established in the present law.
ARTICLE 20. -Communicate to the national executive power.

Date of publication: 19/09/2014