CELLULOSE pulp and NEWSPRINT cellulose pulp and NEWSPRINT 26.736 parliamentary Control and framework law regulatory. Objectives. Sanctioned: December 22 of 2011 enacted: December 27 of 2011 the Senate and Chamber of deputies of the nation Argentina gathered in Congress, etc. they attest to the force of law: role of cellulose paste for daily. DECLARATION OF INTEREST PUBLIC. PARLIAMENTARY SCRUTINY AND REGULATORY FRAMEWORK. Chapter I interest public article 1º - declared of public interest the manufacture, marketing and distribution of cellulose pulp and newsprint.
Chapter II Control parliamentary article 2º - created in the scope of the Honorable National Congress, the Bicameral Committee on monitoring the manufacture, marketing and distribution of cellulose pulp and newsprint, which will have the character of Standing Committee. The Bicameral Committee will exercise control of the activity referred to in article 12 of this law. It shall be composed of eight (8) senators and eight (8) members, appointed by the President of their respective Chambers, on the proposal of the respective blocks parliamentarians, and must strictly observe the proportion of the integration of policy sectors that are represented in the bosom of each camera.
Chapter III regulatory framework article 3º - object. He present frame regulatory participatory has as objective essential ensure for it industry national the manufacturing, marketing and distribution regular and reliable of pasta cellulose for paper of daily and of paper for daily, declared of interest public, establishing the https://www.boletinoficial.gob.ar/pdf/linkQR/c2g3KytYNTJrbWxycmZ0RFhoUThyQT09 implementation progressive of them best technical available, whereas the factor of employment and applying those practices environmental that ensure the preservation and protection of the environment with a development sustainable. For the purposes of this standard only one intended to produce means "cellulose paste" newsprint.
Article 4. - scope of application. The present regulatory framework participatory to the newsprint industry is applicable to the natural or legal persons domiciled in the Republic of Argentina that are manufacturers, distributors and marketers of cellulose paste and paper for newspapers and the buyers of such products.
Article 5º - definitions. For the purposes of the present are established as follows: to) manufacturers, distributors and marketers of cellulose pulp and newsprint: natural or legal persons domiciled in the Republic of Argentina that the activity of manufacturing, distribution and marketing of cellulose pulp and paper for newspapers and the buyers of such products; (b) manufacture of paper for daily: production of paper for daily starting from pasta of cellulose obtained of fibers natural or materials cellulosic recycled, using, in any proportion, processes mechanical, quimico-mecanicos, chemical or chemical; (c) newsprint buyers: any physical or legal person domiciled in the Republic Argentina that edit directly or through third-party print media publications intended for the Argentine market and which has been registered properly in order to be considered as such in the register that this purpose is created by article 28 of this law.
Article 6 °-subject. To the effects of this regime, are subject them manufacturers of pasta cellulose and of paper for daily and them marketers, distributors and buyers of such products.
Article 7th - General principles. The activities covered in the present law will be exercised freely, as its character of interest public, with arrangement to them provisions General in she planned and them standards regulatory that of the same is dictate. Such activities should encourage domestic production, competition, non-discrimination, freedom of access, the efficient allocation of resources and the preservation of the environment.
Article 8º - impact environmental. Production of cellulose pulp and newsprint must develop in an environment and with technology that reduces the likelihood of environmental impact to a minimum. In this regard, should be compliance with existing environmental protection regulations, especially with regard to tipping and gaseous emissions. All companies must conduct an environmental impact study on which there should be a description of the expected effects, as well as proposals for technological improvements, in order to minimize these impacts. The study concerned must be updated annually, reflecting improvements in the process and in the treatment of waste.
Article 9 ° - in case of negative changes on the environment, should be a clear policy of repair of the damage caused. It will tend as first action to the recomposition of the damaged environment, with the technological means available. If not possible, it will tend to generate a positive impact that compensates the damages. Assessment of damage must be permanent, having the company inform the enforcement authority in the event that it increase and propose measures for the reduction of the same.
https://www.boletinoficial.gob.ar/pdf/linkQR/c2g3KytYNTJrbWxycmZ0RFhoUThyQT09 article 10. -Implementing authority. Enforcement authority shall be the Ministry of economy and public finance whose functions will include, among other things, the control the fulfillment of the present regulatory framework. Also, it will be charged dictate the rules clarification and complementary, approve action plans, and intervene in all the acts provided for in the applicable regulations.
ARTICLE 11. -Responsibilities of the implementing authority. Without prejudice to the provisions of the preceding article, the enforcement authority must: to) promote the efficiency of the sector and ensure national production in all stages of the activity on the basis of wood as the basic input; b) tending to a better operation of the cellulose pulp and the newsprint industry, ensuring equality of opportunity and access without discrimination to the supply of paper; (c) to enforce this Act, its regulations and supplementary provisions, in the field of its competence; d) dictate the norms that should follow the subjects of this law in the field of standards and technical procedures; (e) require the actors of the present regime, the information and supporting documentation required to verify compliance with this Act and its regulations. Also, you must perform the inspections that are necessary for the same purpose and will enable the relevant records; (f) promote the competent courts actions aimed to ensure the fulfilment of its functions and the purposes of this Act and its regulations; (g) take control of exports and imports of cellulose pulp and paper for newspapers, through the registry that is created by article 28 of this law. Also recommend measures relating to foreign trade for the fulfillment of the present regime; (h) apply the sanctions provided for in this Act and its regulations; (i) exercise the inspection actions that apply; (j) promote and monitor the production and sustainable use of cellulose pulp and newsprint; k) set the standards of quality that must be the production of cellulose pulp and newsprint; (l) establish requirements and conditions necessary for the empowerment of the plants of production of cellulose pulp and newsprint, resolve on their qualification and approval, and certify the date of its implementation (m) establish the requirements and selection criteria for the presentation of projects that relate to benefit from the benefits established by the present law, resolve upon your approval and set its duration; n) carrying out audits and inspections plants enabled the production of cellulose pulp and newsprint in order to control its correct functioning and its adjustment to the current regulations; (o) carry out audits and inspections to the beneficiaries of promotion regime established in this law, in order to check its correct functioning, their adjustment to the current regulations and the permanence of the conditions laid down to keep the benefits that they have been granted; p) manage the subsidies that exist at present as well as those who are eventually granted; (q) take updated national registry created by article 28 of this law, in particular with regard to data subjects and plants for the production of cellulose pulp and newsprint, as well as a detail from those to which they have been granted promotional benefits established under pre-existing arrangements in the present. r) signed cooperation agreements with different organisms public, private, mixed and non-governmental, national or international https://www.boletinoficial.gob.ar/pdf/linkQR/c2g3KytYNTJrbWxycmZ0RFhoUThyQT09 organizations; (s) publish on its website the register established by article 28 of this law, as well as the amounts of the benefits granted to each undertaking; (t) general, perform all them acts that are necessary for the best compliance of their functions and of the objectives of this law and its regulation.
ARTICLE 12. -Federal Advisory Commission. Create is the Commission Federal Advisor for the promotion of the production and use sustainable of Pasta cellulose and of paper for daily, whose function will be it of assist and advise to the authority of application. The Commission shall be composed of one (1) representative of the newspapers in each of the provinces and the autonomous city of Buenos Aires elected by the buyers of newsprint of the Argentina Republic having a regular occurrence and that non-participating directly or indirectly in the production of paper for newspapers or one of its strategic inputs. It will be also integrated by two (2) representatives of organizations representing users and consumers, and three (3) per worker, corresponding one (1) representative to the graphics, one (1) to the press and one (1) to sellers of newspapers and magazines. Representatives of the buyers of newsprint will last four (4) years in their functions, shall rotate annually between different purchasers. Representatives of the organizations of users and consumers will last four (4) years in their functions, should rotate annually among the various organizations.
ARTICLE 13. -The coordination of the Federal Advisory Commission shall be exercised by the Ministry of economy and public finances.
ARTICLE 14. -For the purposes of integrating the Federal Advisory Commission, buyers must be enrolled in the registry that is created through article 28 to do so in the field of the Ministry of economy and public finances. In it they must prove legal status.
ARTICLE 15. -For the purposes of operation and decision making within the Federal Advisory Commission all media members will have the same voice and vote with independence of its size, volume of production and/or sales.
ARTICLE 16. (-Will be functions of the cited Committee Federal Advisory: to) analyze the situation and evolution of the market international and local of paper for daily; b) analyze the conditions of trade and access of the product in the local market; (c) monitor and track the implementation of the clause of access and equal price of the quoted input; (d) analyze and make proposals with respect to the investment of the paper press S.A. company plans; (e) propose measures to broaden the spectrum of diversity, democratization and federalization of the written press; f) collaborate with the State providing advice with respect to their performance within the firm paper press S.A.; (g) advice to the State national with regard to all the problematic of the paper for daily; (h) eventually exercise the political rights of the enhancement of participation of the national State in the signature paper press S.A. product of the variation of its shareholding proportion through capital contributions;
https://www.boletinoficial.gob.ar/pdf/linkQR/c2g3KytYNTJrbWxycmZ0RFhoUThyQT09 i) give its own rules of operation.
ARTICLE 17. -Accounts separate. Cellulose pulp and newsprint manufacturers must carry a separate accounting for the activity, in the case of being vertically integrated.
ARTICLE 18. -Transparency. Manufacturers, distributors and marketers of cellulose pulp and newsprint must maintain a publication for buyers of cellulose paste and paper for newspapers and the Bicameral Committee on monitoring the manufacture, marketing and distribution of cellulose pulp and newsprint. This obligation shall be accomplished by creating and daily updating of a website containing as a minimum: the cash equivalent purchase prices of wood, cellulose pulp, paper for recycling, caustic soda and any other input that, in the future, as more than ten percent (10%) of the annual purchases of the activity. Without prejudice to this, manufacturers, distributors and marketers of cellulose pulp or newsprint may add other forms of advertising than indicated above.
ARTICLE 19. -Publication of balance sheets. Manufacturers, distributors and marketers of cellulose pulp and newsprint shall be published for the general public, the quarterly balances under the terms and conditions established the Comisión Nacional de Valores.
ARTICLE 20. -Single price for cash payment. Without prejudice to the provisions of article 18 of this law, manufacturers, distributors and marketers of cellulose pulp and newsprint must publish to knowledge of the purchasing companies and the Bicameral Committee on monitoring the manufacture, marketing and distribution of cellulose pulp and newsprint: to) the total and available stock , on a daily basis; (b) the maximum production capacity and production estimated for the next three (3) months, quarterly way; (c) fixed price payment counted sales of newsprint to the output of the plant, that is obtained from the formula contained in the box I which is part of the present law. This price will be the same for any operation that involves the acquisition of more than one (1) ton of that product, in terms of immediate delivery, both committed as new operations to confirm on the day. In no event shall be carried out engagements that involve a price lower than the single price for cash payment.
ARTICLE 21. -Manufacturers, distributors and marketers of cellulose pulp and newsprint may establish higher prices at the unique price of cash payment when they granted payment periods.
ARTICLE 22. -Selling system. Manufacturers, distributors and marketers of cellulose paste and paper journals should pay attention, without discrimination of any kind, all applications supply for which there is stock or not committed production capacity.
ARTICLE 23. -Cellulose pulp and newsprint buyers are obliged to carry out orders and compliance in time and manner of the withdrawal of the merchandise that request. This is without prejudice to actions that manufacturers decide to begin to compensate for the damage that has been caused.
https://www.boletinoficial.gob.ar/pdf/linkQR/c2g3KytYNTJrbWxycmZ0RFhoUThyQT09 article 24. -In the case that for a certain period persist surplus capacity on compromised production plans, will be at the discretion of manufacturers of cellulose pulp and newsprint, the adjustment of production or stocks.
ARTICLE 25. -Investment regime. Manufacturers of cellulose pulp and newsprint must commit a projection of capacity to three (3) years depending on investment programs that will carry forward. For purposes of the financing of investments, companies will have promotional offers or benefits in the future to offer the Executive branch.
ARTICLE 26. -The Federal Advisory Commission estimated, on a quarterly basis, the needs of import of cellulose pulp and newsprint from the information provided by the manufacturers, distributors and marketers as provided for in article 20 of this law, in order to ensure the full supply of the local market. Define "Qm" as the estimated volume of necessary imports for the quarter. The Federal Advisory Commission estimated, on a quarterly basis, and also national peak of cellulose paste production and newsprint from the information provided by the manufacturer as provided for in article 20 of this law, in order to ensure the full supply of the local market. Define "Qn" as the estimated volume of domestic production for the quarter. Defined as "P" to the relationship between the estimated volume of imports necessary (Qm) and the estimated volume of national production (Qn); being P = Qm / Qn. To the purposes of avoid possible cost overruns of import for them buyers small and medium, the power Executive national is entitled to exempt them of it established in the article 27 of the present law.
ARTICLE 27. -For the purposes of ensure a cast equitable of the cost relative of import between all them demanding, the buyer of pasta cellulose and of paper for daily, to do is creditor to the confirmation of sale of pasta cellulose and of paper for daily of production national must prove that imported (or goes to import) direct or indirectly, the proportion "P" defined in the article preceding.
ARTICLE 28. -Record national of manufacturers, distributors and marketers of pulp cellulose and paper for daily. Create is the record national of manufacturers, distributors and marketers of Pasta cellulose and paper for daily in the scope of the Authority's application. For the purposes of better control of the precepts of the present regulatory framework, such registration shall contain the data and operations of the subjects involved in such terms and conditions to be determined by regulation.
ARTICLE 29. -Deadline for registration. Manufacturers, distributors, marketers and buyers of cellulose pulp and newsprint will have a maximum period, for the purposes of his registration to the national registry created by the article that precedes.
ARTICLE 30. -Judicial review. For the purposes of the administrative performance of the implementing authority, it will be application national law of administrative procedures, 19.549, and its https://www.boletinoficial.gob.ar/pdf/linkQR/c2g3KytYNTJrbWxycmZ0RFhoUThyQT09 rules
regulations. Exhausted administrative remedies shall be resource Court directly to the Federal Chamber of appeal with competence in contentious-administrative courts with jurisdiction in the place of the fact.
ARTICLE 31. -Sanctioning regime. Any actor reached by this law, incurred in operations that violate the provisions of the same, with respect to any other Member of the chain of production, distribution, and/or marketing of cellulose pulp and newsprint, will be liable to sanctions laid down in article 33 of this law, without prejudice to the penalties laid down in the legislation of Fund.
ARTICLE 32. -The present regulatory framework establishes how subject of sanctions prescribed by article 33 of this law, the following conduct: 1. the refusal or obstruction to be inspected, and the non-cooperation with the inspection when this is required. 2. the breach of the obligation to maintain the levels of quality and quantity of production of cellulose pulp and newsprint. 3 use in conditions other than those authorized by the present regulatory framework of cellulose pulp and newsprint. 4. the breach of the instructions dictated by the authority of application, in the field of their competencies, on safeguards of the free competition in the market. 5. the breach of the resolutions taken by the Authority's application in the exercise of their functions. 6. the repeated breach of the requirements of information formulated by the Bicameral Committee on monitoring the manufacture, marketing and distribution of cellulose pulp and newsprint or by the enforcement authority, in the exercise of their respective functions. 7. the distribution or poor sale of the production of cellulose pulp and newsprint. 8. the alteration, manipulation or fraudulent substitution of the characteristics of cellulose pulp and newsprint. 9. the non-compliance with the terms established by the present regulatory framework. 10. any other conduct violating of this frame regulatory or the legislation current.
ARTICLE 33. -Contraventions and penalties. (The breaches of the present law will be sanctioned by the authority of application with: to) injunctions; (b) fines: whose value set it authority of application, taking in has it gravity of the infringement, reiteration of them made, the amount of the prejudice caused, it conduct rear to it infringement from the defaulting, it capacity economic and financial of the infringing and them others circumstances and particularities of the case; ((c) disqualification: whose deadlines will be set by the implementing authority, according to the criteria set out in subparagraph (b)) of this article; ((d) suspensions: whose deadlines will be set by the authority of application, according to the criteria established in the paragraph b) of the present article; (e) repair of damage caused: when the conduct caused harm to a certain person and not found affected the public interest or third party, the enforcement authority may order the repair of the damage carried out by manufacturers, distributors and marketers of pasta https://www.boletinoficial.gob.ar/pdf/linkQR/c2g3KytYNTJrbWxycmZ0RFhoUThyQT09 pulp and newsprint; (f) closures and seizures.
ARTICLE 34. -Control. In prevention efforts, finding violations, compliance with measures of sequestration, confiscation or others that might apply, the enforcement authority may require the competent judge the assistance of the security forces. To do so just submit to judge appropriate administrative actions, and formal requirements of the competent authority.
ARTICLE 35. -Inspection fee. Create is the rate of control and assign is to it authority of application it fundraising of the same, whose produced is used for the operation of the Commission Federal Advisor and the over for the Fund trust that is creates by the article 37 of the present law.
ARTICLE 36. -Will be required to pay the inspection fee for the production of cellulose pulp and newsprint, manufacturers, marketers and distributors of these products. The settlement period will include one (1) calendar month and the tax base will come given by zero zero comma zero comma zero one percent (0.01%) of turnover. The application by the authority application, the rate established by article 35 of this law, and the imposition of fines, interest, updates and penalties shall be governed by the rules and procedures laid down in the law 11.683 (t.o. 1998) and its amendments.
ARTICLE 37. -Trust Fund. Create a Trust Fund for the promotion of investment in capital assets of small and medium-sized enterprises that develop activities related to the manufacture, marketing and distribution of cellulose paste and paper for newspapers and for registered buyers.
ARTICLE 38. (-The Trust Fund created above shall consist of the following resources: to) all of the proceeds of the sanctions regime established in this Act; (b) funds that by law of budget allocated; (c) the funds obtained in the framework of special programmes of credits to be agreed with the bodies or institutions relevant, national and international; (d) the specific contributions that the implementing authority agrees with the operators of the activity; (e) surpluses from the rate established by article 35 of this law.
ARTICLE 39. -The Executive branch shall regulate the establishment and operation of the referred Fund, should arbitrate the media so the operation of the same will have greater transparency and efficiency in its operation.
Transitional provisions article 40. (-Pursuant to the fulfillment of the objectives of the creation of the signature paper press S.A., in compliance with the clause of equal access of all the print media to the cited essential input as well as the Declaration of public interest, in the production of newsprint, the company https://www.boletinoficial.gob.ar/pdf/linkQR/c2g3KytYNTJrbWxycmZ0RFhoUThyQT09 paper press S.A. must be: to) operate as a minimum to the fullest of its operational capacity or domestic demand paper (when it is less than the operational capacity); (b) present and run each three (3) years a plan of investments aimed to satisfy the whole of it demand internal of paper for daily.
ARTICLE 41. -When the necessary funds for the investments provided for in the preceding article are provided in more than proportional form by the national State with respect to other partners, additional political rights emerging from such contributions of capital shall be exercised by the Federal Advisory Commission established by article 12 of this law. Without limiting the foregoing, emerging economic rights of the above-mentioned contributions part of the shareholding of the national State in paper press S.A., which is eventually accrued through this mechanism.
ARTICLE 42. -Communicate is to the power Executive national. GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, TWENTY-TWO DAYS OF THE MONTH OF DECEMBER OF THE YEAR TWO THOUSAND ELEVEN. -REGISTERED UNDER NO. 26.736 - AMADO BOUDOU. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -John H. Estrada.
Table I date of publication: 28/12/2011 https://www.boletinoficial.gob.ar/pdf/linkQR/c2g3KytYNTJrbWxycmZ0RFhoUThyQT09