Key Benefits:
AQUACULTURE
Law 27231
Sustainable Development of the Aquaculture Sector. Objectives. Sanctioned: November 26, 2015 Enacted: December 29, 2015
The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:
Chapter I
Objectives for Sustainable Development of the Aquaculture Sector
Article 1-This law has the purpose of regulating, promoting and administering, having the general regulations necessary for its management, the development of the activity of aquaculture within the territory of the Argentine Republic, in concordance with the powers of the national government, the provincial, municipal and/or the Autonomous City of Buenos Aires. The particular objectives of this law are as follows: a) To promote the integral and sustainable development of the productive activity of aquaculture, guiding it as a source of food, employment and profitability, guaranteeing the sustainable use of resources (soil, water, aquatic organisms); the optimization of the economic benefits to be obtained in conditions of harmony with the preservation of the environment and biodiversity; b) Propose the territorial order, the promotion, the control and the control of the activity; c) Proceed to the preservation or recovery of the aquatic resources of the national territory, by means of repopulation aquaculture, where necessary and when so indicated in previous studies; (d) Promote the socio-economic, cultural and professional development of the actors in the aquaculture sector, developing and/or improving In particular, regional economies by means of specific programmes; and) to establish bases and coordination mechanisms between the national, provincial, municipal and/or the Autonomous City of Buenos Aires for the best the objectives of this law; (f) Support and facilitate scientific research, in particular (g) to establish agreements with the provincial authorities for the implementation of a (1) National System of Statistics in Aquaculture (SINEA), as well as agreements with the reciprocity for the continuity and expansion of the National Register of Aquaculture (RENAUA) existing in the Ministry of Agriculture, Livestock and Fisheries; (h) Promote training at all levels: producers, professionals, technicians, fishermen
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(i) Establish the production control bases for aquaculture, in coordination with the competent authorities at the provincial level; (j) Support the value added to the harvested product, promote its marketing, quality, traceability, labelling and safety, as well as any other certification that serves its promotion and competitiveness in the domestic and international market, together with the increase in volume obtained in all its variants, in coordination with the competent agencies.
ARTICLE 2 °-Corresponding to the Ministry of Agriculture, Livestock and Fisheries: (a) the promotion and use of aquaculture resources for the increase of their production by cultivation, as well as their intervention in the production and introduction to the country of aquatic organisms, products and by-products of live aquaculture; b) Propose, formulate, coordinate and implement a national policy for a sustainable aquaculture; as well as plans and programs that result from it, in common accord with provincial, municipal and/or Autonomous City governments of Buenos Aires; To establish the administrative and control measures to which the activity of the (d) To promote and implement measures aimed at the approval and harmonization of the health, safety and quality of aquatic species cultivated through the Service between provinces and countries National of Health and Agro-Food Quality (SENASA); and) Concerting agreements and implementing technical cooperation programs in aquaculture and proposing positions related to this matter, to be presented by the national government in the various international forums and bodies, in coordination with the Ministry of Relations Foreign and Cult; f) Propose to the national executive branch the appropriate budget for the aquaculture sector, which should include strengthening the productive chain, the sector's management, organization and training, research, and infrastructure, as well as the corresponding budgetary allocation for the current and future delegations of the Ministry of Agriculture, Livestock and Fisheries; (g) Keep up to date the statistics on aquaculture production at the level of the national territory, by common accord with the provinces or by means of censuses (h) Respond to the statistics of aquaculture in the country in front of the National Institute of Statistics and Census (INDEC) of the Ministry of Economy and Public Finance, as well as the United Nations for Food and Agriculture (FAO), and other organizations from which it is involved, with the corresponding ones originating at the provincial level.
ARTICLE 3-The competent authorities in the field of aquaculture, at national and provincial level, will promote and promote the possible crops to be developed and the growth of the existing production, as well as the quality of the products, their aggregate of value, its marketing and competitiveness of the same; be it of those directed to the internal market as well as the export, in coordination with the competent dependencies.
Article 4 °-The national authorities shall have the power to conclude agreements or agreements which lead to coordination and cooperation with the provincial governments in the field of aquaculture, as well as with other countries. In the latter case, with the participation that corresponds to the Ministry of Foreign Affairs and Cult. May participate actively in the Aquaculture Network of the Americas, of which the Republic of Argentina is a member of the Secretariat of Fisheries and Aquaculture of the Ministry of Agriculture, Livestock and Fisheries of the Ministry of Agriculture, Livestock and Fisheries (MAGyP).
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Likewise, the ministry will appoint its representatives to attend the meetings that will be held in international forums on the treatment of aquaculture issues that are considered strategic and of national importance. related to the activity.
Chapter II
Of the definitions
ARTICLE 5-For the purposes of this law, it is understood by: (a) Aquaculture: activity of cultivation and production of aquatic organisms (plants and animals) with a total or partial life cycle developed in the water, whether sweet, brackish or marine the territory of the Argentine Republic and that it is developed according to any of the existing production systems or that are subsequently developed, by effect of the future technological advances, applied to the activity. Commercial aquaculture, involves the process of cultivation with human intervention and individual, associate or business ownership, of the populations under cultivation and in captivity; b) Aquaculture: any natural or legal person who, registered in the corresponding registers (national and provincial), determined by the competent authorities, carrying out the activity for commercial purposes or, for the benefit of their family, the execution of the activity; (c) Family aquaculture: culture that produces aquaculture organisms for the consumption of family members and can further include a small-scale marketing (also called "rural aquaculture or agro-aquaculture") (d) Commercial aquaculture: cultivation of aquatic organisms whose purpose is to maximize the volume produced, as well as their profits. It can be practised in small, medium and large scale, whether in fresh water or in the sea, using any of the systems recognised in the activity, by means of existing or future technologies that exist; restocking: this type of aquaculture is intended to increase the populations of aquatic organisms from natural or artificial environments, practiced at an extensive and low density level. In general, it is based on the reproduction and production of alevinos for sowing, and is also classified as a "semi-aquaculture"; (f) Capture-based aquaculture (ABC): also included within a semi-aquaculture, due to the fact that juveniles (g) Research aquaculture: it deals with the activity developed by natural persons, who are legally entitled to obtain knowledge related to the activity in any of its stages, as well as the of pathogens likely to affect organisms; (h) Aquaculture of resources limited (AREL): it is defined according to FAO (2010) as " the activity that is practiced on the basis of self-employment, whether it is practiced exclusively or complementary, in conditions of lack of one or more resources that impede its self-sustainability and the coverage of the basic family basket in the region in which it is developed. " This definition, according to FAO, includes those producers who carry out aquaculture as productive diversification to complement the satisfaction of their basic family basket. The resources that can limit this activity are related to technologies, natural resources, administration, market, capital, inputs and services for the aquaculture production chain. It is generally included in what is classified in our country as "family aquaculture" or "family rural aquaculture"; (i) Aquaculture concession: all permission that the provincial and/or competent national authorities grant in the use of their faculties for the use of parcels in public spaces, whether natural or artificial, for the purpose of placing certain infrastructure and for the production of a production
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aquaculture; (j) Aquaculture permit: document extended by the competent authorities at national or provincial level, enabling the activity to be carried out under this law; (k) Introduction permit: document extended by the authorities competent, national or provincial, to the effect of the approval of an application issued by a person concerned to import individuals and/or by-products of a species of aquatic organism, of an autochthonous or exotic nature, to be introduced into the territory (l) Quarantine: time to be determined by the competent authority in animal health at national level, to keep in observation the aquatic organisms or their by-products from the outside, by means of standards or other regulations issued by the National Service for Health and Agro-Food Quality (SENASA); aquaculture and safety: official document issued by the National Service in which it is stated that the aquaculture species produced are authorized for marketing or may certify the facilities in which they are are produced by determining the exemption of disease-causing pathogens. The "aquaculture health" covers the set of practices and measures laid down in official standards, aimed at the prevention, diagnosis and control of diseases and pests affecting crop species. The guarantee that products originating in aquaculture do not cause any harm to the health of consumers is considered to be "harmless"; (n) Guide to aquaculture: a document granted to cover transport by land, sea or air of live, fresh, or frozen aquaculture products within the territory of Argentina, as determined by the competent authorities in the field; or) National Centre for Aquaculture Development-CENADAC: body of the Delegation of the Directorate Aquaculture of the National Directorate of Fisheries Planning of the Fisheries Sub-Secretariat and Aquaculture; (p) Aquaculture resources: refers to the resources directly employed in the aquaculture activity, which can be treated as aquatic species susceptible to cultivation, its products and by-products. Other resources, such as water and soil, are also used in aquaculture. (q) National Register: the only National Register of Aquaculture Establishments (RENACUA) to register those aquaculture farmers and people who produce and/or market live aquatic organisms (in the latter case, it covers aquaculture ornamental and trade in ornamental species). Registration in this Register is mandatory and the same works in the Aquaculture Directorate of the National Directorate of Fisheries Planning of the Under-Secretary for Fisheries and Aquaculture; (r) SENASA: National Service for Health and Quality Agroalimentaria, which understands in the health and safety of living or processed aquatic organisms. (s) "Naval Artifacts" means a term referred to as "cages" or other "cages", such as lines or rafts intended for the cultivation of certain aquatic organisms, which are used in crops of marine order, of water Brackish or sweet and which are suspended on the surface of bodies of water by means of boyados and anchored to the funds with appropriate structures immobilizing them; t) Asilvestrada: exotic species that has been introduced to the country for a period of time large enough to have been adapted and distributed in certain water bodies of the national territory, incorporating the wildlife of the same. (u) Processing: phase of post-harvest aquaculture activity (also known as "post-harvest") , intended for the processing and/or use of the obtained crop products and/or their derivatives.
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Chapter III
Of the systems and enclosures used in aquaculture
Article 6-The main technologies used in aquaculture production, may be developed in general, in the various enclosures (infrastructure for cultivation), covering ponds, tanks, pilettes, pens, cages, lanterns or lines suspended and rafts (with their own boyings and anchorages), or another type that may exist through the future technological development destined to the activity. On the other hand, aquaculture production systems can be planned as extensive, semi-intensive and intensive, depending on the density used in cultivation and the degree of technology applied. These can be executed either "open sky" or "in lockdown". The first one depending on the temperatures at the selected site and the second, with more investment, in specifically prepared enclosures that have or with water circulation and fixation of the physical parameters and main chemicals, or production of bacterial foci.
Chapter IV
From sustainable aquaculture
Article 7 °-Corresponding to the provinces and the Nation the sustainable use of their aquaculture resources, the conservation of the environment, the restoration of the same need and the protection of those ecosystems in which they are carried out crops of fish or other aquatic organisms. For these purposes, the national or provincial authorities shall determine the "load capacity" or "supporting capacity" of the same; in order to support the potential growing units. In this way, the public, natural or artificial aquatic systems, submitted to aquaculture production, will be maintained, as far as possible, ecologically sustainable in time, supporting productions according to their biological characteristics.
ARTICLE 8 °-The Ministry of Agriculture, Livestock and Fisheries, as implementing authority, will participate with the National Service for Health and Agro-Food Quality (SENASA) in the studies corresponding to the determination of presence or absence diseases and in the recognition of free zones and/or low prevalence of the same and their sustainability in time. To this end, epidemiological surveillance programs will be implemented, developing them with the collaboration of the provinces and other entities involved. Likewise, the aforementioned National Service, will develop within its National Plan of Health Animal Health, referred to the prevention and control of contingencies and monitoring, as well as regulations that due to the characteristics of the Species exploited, are required for the maintenance of sustainable activity in all aquaculture basins of the territory. Moreover, the agency will have to comply with the development of the aquaculture issues of its interference in other matters to contemplate and comply with the services that are demanded of it by the aquaculture sector throughout the national territory.
ARTICLE 9 °-Corresponding to the provincial and/or national authorities to determine the regulations to regulate the capture of specimens of aquatic organisms in the natural environments, in any of the phases of their life cycles, that are intended for aquaculture projects approved by them. The necessary guidelines for collection, acclimatization, management and transportation should be standardized, establishing appropriate sanctions in cases that
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The invention also relates to the use of the same in order to protect the biological sustainability of said environments.
Chapter V
Of vessels and enclosures to be used in bodies of public waters
ARTICLE 10. -All vessels used in support of the tasks that are developed with the object of aquaculture production in public water bodies, must be registered in the Argentine Naval Prefecture (NAP) and carry the elements corresponding to the safety and the staff concerned. Similarly, the "naval devices" intended for aquaculture production must be registered in compliance with the standards established in the aforementioned organism.
Chapter VI
Health and aquaculture safety
ARTICLE 11. -Surveillance on the health and safety of aquaculture products from aquaculture, from cultivation to harvest or harvest, within the Argentine territory will be the spring of the National Service of Health and Agro-Food Quality (SENASA), and it will be subject to the regulations that the same issue to create the necessary conditions, ordering the productions and the innocuous marketing of the products originated from the activity and directed to the markets of consumption. Likewise, the regulations and controls relating to the placing on the market of aquatic organisms for ornament shall correspond to the said organism.
Chapter VII
From the National Register
ARTICLE 12. -The National Register of Aquaculture Establishments (RENACUA) is carried out by the Ministry of Agriculture, Livestock and Fisheries, through the Directorate of Aquaculture, and has a public character, maintaining the objective of registration. mandatory for all actors in the aquaculture sector, requesting information on the activities they carry out. Except for the registration of crops intended for aquaculture for domestic household consumption, without any commercial sale. In the case of the introduction of aquatic organisms or by-products thereof, for the purpose of cultivation or marketing, the said Directorate shall intervene, prior to the actions corresponding to the National Service for Health and Agro-Food Quality. (SENASA) and the General Administration of Customs of the Federal Administration of Public Revenue (AFIP), an autarchic entity in the orbit of the Ministry of Economy and Public Finance.
ARTICLE 13. -it is for the provincial and/or national authorities to grant the permits and/or concessions, as well as the normal ratings in the case of the exercise of aquaculture, of any species of aquatic organism concerned.
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ARTICLE 14. -In the case of species considered as exotic, which are authorized for cultivation and production by the respective competent authorities, it will be the responsibility of the aquaculture farmer to ensure the containment of the individuals under cultivation in the the scope of their exploitation, preventing their access to the waters that drain to the river basins of the Argentinian territory or river basins shared with neighbouring countries, as regards the species of fresh or brackish water, and towards the sea, when in the case of marine species; for the purpose of avoiding, as far as possible, any genetic contamination of the indigenous fauna itself.
ARTICLE 15. -The capture, introduction and cultivation of aquatic organisms to carry out research aquaculture, including those organisms considered exotic to the country, must be authorized by the competent authorities at national level. and provincial, as appropriate. The results obtained from research carried out by public authorities must be disseminated by means of the appropriate ways, in order to reach the aquaculture sector concerned and the community as a whole.
ARTICLE 16. -the bodies responsible for the management of aquaculture resources intended for cultivation and aquaculture production, either at national or provincial level, may request all information deemed necessary at all times on the sample of biological material, or on existing records in the records which the fish farmers must keep on a daily basis in their establishments. This will have the aim, the generation of reliable data that will respond to the statistics, or other aspects that directly concern the aquaculture sector in general.
ARTICLE 17. -the release or planting of exotic or genetically modified aquatic organisms, characterised in accordance with the terms existing in the specific legislation at world level, is strictly prohibited in any aquatic environment of the national territory, as well as indigenous aquatic organisms, without the prior authorisation of the respective competent authorities in this field.
Chapter VIII
Of the training and research
ARTICLE 18. -The training provided by the national state or the provincial states, within any order referred to the activity of aquaculture, will be oriented towards a greater transfer of technological development achieved, for knowledge and practices in the management of the crops and the sustainability of the activity with respect to the production, with the application of the "Good Practices of Management and Manufacturing in Aquaculture" referring to this activity in the species that are contemplated, supporting for this to the aquaculture sector.
ARTICLE 19. -It will be up to the initiative of the public authorities (national and provincial) to promote the activity, encouraging the research and training of the professionals, technicians and students, as well as the workforce employed in the establishments, by means of activities carried out for the purpose in the various areas mentioned. Private activity will also be invited to assist and contribute to these important aspects. From the States it will be important to promote the implementation of the "Good Practices of Management and Manufacturing in Aquaculture" to promote biological and economic sustainability, and to achieve that the aquaculture projects
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are environmentally friendly. The transfer shall be carried out for each species or groups of species in particular (herbivorous, omnivorous and carnivorous). The care and welfare of the animals under cultivation must also be promoted, training the producer in all those certifications in reference to the processing technologies and the sum of value, related to the products originated by the sector.
ARTICLE 20. -National and provincial authorities will seek to promote and coordinate actions with the respective authorities of Science, Research and Productive Innovation, as well as with the Ministries of Education at the national and/or provincial level, the participation and involvement of educational institutions, research centres and universities for the development and implementation of applied research and technological innovation projects directly linked to aquaculture production. They will especially promote biological and technical studies for the development of native species potentially suitable for cultivation and production in the national territory. They will also have to contribute to the development of the activity in those schools of an agro-technical or secondary level specialized, which will materialize the aquaculture theme in their curriculum and wish to train their students in it.
ARTICLE 21. -The competent authorities in aquaculture, both at national and provincial level, will promote the construction of the necessary infrastructure, where they are evident, for the purpose of an orderly technological development, sustainable and transferable to current and potential producers within the main aquaculture crops suitable for the territory, as well as providing strong support to the productive sector, in each of the aquaculture basins of the same.
Chapter IX
Of the audits and sanctions
ARTICLE 22. -The oversight of the authorities will be the spring of the national, provincial, municipal and/or Autonomous City of Buenos Aires, according to the competencies that each of them has.
ARTICLE 23. -The conduct and activities harmful to the aquatic natural resources and the environment, within and in the surroundings of the facilities of the production establishments for the development of the activity of aquaculture, must be sanctioned to their verification by the competent authorities at the provincial and/or national level.
Chapter X
Processing of aquaculture products
ARTICLE 24. -The production and marketing of aquaculture products must comply with the health, hygiene, safety, safety and welfare standards of the animals under cultivation, as well as the preservation of the environment and will be subject to specific rules from the national and provincial bodies competent in those matters and as appropriate.
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Chapter XI
From The Federal Agricultural Council
ARTICLE 25. -Create the Aquaculture Commission of the Federal Agricultural Council (CFA), which will consist of four (4) subcommittees, one (1) for each aquaculture region with the objective of supporting, coordinating, arranging and harmonizing the regulations between provinces and the how to manage the creation and monitoring of development programmes; at least one (1) time per year. The Commission shall be chaired by the holder of the Under-Secretary for Fisheries and Aquaculture or by his appointed representative and the Subcommittees, by whom he himself appoints. All provinces will be invited to formalize their participation, sending a representative to each of the aforementioned Subcommittees. The Commission and its Subcommittees, as part of the Federal Agricultural Council, will aim to work on the proposal of policies and instruments aimed at supporting development, dissemination, promotion, training, productivity, regulation and harmonised control of aquaculture and its value chain, as well as the increase in its competitiveness in its productive sectors. In addition to the provincial representatives, the Subcommissions will invite them to participate in the same one (1) representative for the National Service for Health and Agro-Food Quality (SENASA); one (1) for the Secretariat of Environment and Development Sustainable of the Chief of Cabinet of Ministers; one (1) by the National Institute of Research and Fisheries Development (INIDEP); and one (1) by the Center for Research of Fisheries Technology and Regional Food (INTI). Subcommittees may invite in turn, and when they consider it necessary, according to the subject to be addressed, to one (1) member of a non-governmental organization directly or indirectly linked to the productive sector of aquaculture.
Chapter XII
Of the stimuli for the increase of production
ARTICLE 26. -The application of fiscal, economic and financial support incentives or any other mechanism for the promotion and sustainable development of aquaculture, will be coordinated with national and national agencies and agencies. (a) provincial competent authority. This will promote the organization and growth of aquaculture and design structures and mechanisms for the granting of specific credits for the activity, as well as other forms of benefit to its potential and current actors.
ARTICLE 27. -Products from aquaculture will be considered agricultural products for all purposes. The national and provincial agencies will adapt the regulations regarding federal transit by incorporating the respective guide throughout the country. Live aquaculture products intended for human consumption are excluded from the scope of law 22,241.
Chapter XIII
Development and Development Scheme for the growth of the aquaculture sector
ARTICLE 28. -Create a refundable "Promotion for Aquaculture" scheme, with the exception of
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referred to in Article 37 of this Law. To this end, a "National Fund for the Development of Aquaculture Activities" (FONAC) shall be established, for the operations of the aquaculture activity which may be originated in an agricultural diversification or in activities with a projection "small scale", SMEs, semi-industrial or industrial, in sites considered to be suitable for such development within the national territory (in marine, brackish and continental environment), have already been initiated or started. The present regime shall govern the promotion of the activity for the entire territory and islands of the Republic, governed by the scope and limitations laid down in this law and in the complementary rules that the Power of the Republic National executive.
ARTICLE 29. -Activities related to the development of aquaculture, covered by the scheme established by this law, will cover the phases of each crop, whether the activity is considered as a "vertical integrated" production comprising all the phases of the specific life cycle: reproduction, larval, pre-fattening and fattening of the species together with their harvest and post-harvest; or, a "non-vertical" production that includes only the stage of production of the fish, or pre-fattening, fattening. The contributions of the FONAC may be requested for the purchase of building materials for infrastructure; various inputs; machinery for food processing; fish classifiers; tractors and mechanical shovels or other; as well as those aimed at improving the production and/or quality of the products obtained; development of technologies for the cultivation of aquatic species suitable for each of the production systems; promotion of associative ventures, compliance with health control programmes; access to marketing and marketing of the final products obtained, added value generated by the producer himself or, by cooperatives, associations or other forms of integrative companies, where the producer shows direct and active participation.
ARTICLE 30. -The activity of aquaculture will be carried out through the use of practices that are framed within the criteria of sustainability of the natural resources used in their development and within the parameters of respect for the environment. The implementing authority shall, among other requirements, require studies to determine possible environmental impacts where the projects submitted can be considered as a serious risk at the same level as those derived from the production itself and may impose requirements to be complied with periodically, and may also define the conditions of the respective studies to be carried out when it considers appropriate.
ARTICLE 31. -natural or legal persons who develop aquaculture activity shall be beneficiaries of this promotion scheme, for up to a maximum of one thousand tonnes (1000 t) per year considered as 'live' biomass, on the crops of which they have as a target for aquatic organisms (wholly or partly dependent on water for their life cycle), animal and plant, provided that compliance with the provisions of the body of this law is observed. It shall be the duty of the beneficiaries of this scheme to submit every three (3) months to the implementing authority, reports on the basis of affidavits, detailing the progress of the approved investment project, together with the amounts and the destination of the funding awarded.
ARTICLE 32. -In order to benefit from the scheme established, producers must submit a "Aquaculture Project" to the relevant authority responsible for applying this scheme in the provinces attached to it, in which the producer develops or pretend to tune and plan your production. This project must demonstrate its biological, technical, environmental and economic viability. After approval by the respective provincial authority, the presentation will be forwarded to the
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national implementing authority, which shall be issued within a period of not more than ninety (90) days from its receipt. The proposals submitted for the benefit of the FONAC may be annual or multiannual.
ARTICLE 33. -the implementing authority shall appoint an official to act as the National Coordinator of the present promotion scheme, who shall be responsible for the implementation of this scheme and shall develop its activities jointly with a Commission Technical Advisor for Aquaculture.
ARTICLE 34. -Create the Technical Advisory Commission for Aquaculture (CATA) in the field of the Ministry of Agriculture, Livestock and Fisheries, which shall be addressed to this regime in an advisory capacity, with the considerations set out in Articles 36, 37 and 38 of the present.
ARTICLE 35. -The Technical Advisory Commission for Aquaculture (CATA), will be chaired by the Minister of Agriculture, Livestock and Fisheries or by whom the same delegate, and will be composed by the National Coordinator of the Regime by the Ministry and by the Member and alternate members representing the following bodies are nominated: one (1) by the National Institute of Agricultural Technology (INTA); one (1) by the National Service for Health and Agro-Food Quality (SENASA); one (1) by the Secretariat of Environment and Sustainable Development; one (1) by the National Institute of Research and Fisheries Development (INIDEP); and one (1) by the Centro de Investigaciones de Tecnología Pesquera y Alimentos Regionales CITE (INTI). The CATA will meet monthly to evaluate in an alternative way, the projects previously selected by the respective provinces, for each of the aquaculture basins that make up the territory, with the participation of the provinces that They belong to them. The CATA shall also act as an advisory body to recommend to the implementing authority the penalties to be applied to profit holders where the latter do not comply with the relevant obligations. The designated officials shall be held on an honorary basis.
ARTICLE 36. -CATA members shall have the right to vote. This Commission may, in the event of necessary consultation, incorporate other representatives of non-governmental bodies, who shall not be entitled to vote.
ARTICLE 37. -The implementing authority or its delegate shall dictate the rules of procedure for the operation of the Technical Advisory Committee for Aquaculture. CATA is authorized to sign agreements with governmental and non-governmental organizations that fulfill development functions in the social sector in order to optimize the projected assistance. If the projects submitted constitute a social support ('self-sustaining ' activity), which do not fulfil the condition of being economically profitable, but are dedicated to the activity of aquaculture, in land or aquatic environments with suitable conditions, they will be able to access the reception of contributions implemented in this Regime and in this case, the funds granted will not be reimbursable.
ARTICLE 38. -The implementing authority shall convene once a year a National Aquaculture Production Forum or the Aquaculture Bureau. The same shall be integrated as follows: (a) One (1) incumbent representative and one (1) alternate of the provinces adhered to the regime, for each aquaculture region;
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(b) One (1) national official and one (1) alternate member of the Advisory Committee for Aquaculture; (c) One (1) representative representative and one (1) alternate of Universities and/or Research Centers by region aquaculture; (d) One (1) representative representative and one (1) alternate for associations or chambers of the aquaculture sector by aquaculture region; (e) One (1) representative representative and one (1) alternate for the National Research and Development Institute (INIDEP); (f) One (1) titular representative and one (1) alternate for the Technology Research Centre CITEP Regional Fisheries and Food (INTI). Its objective will be to analyze the situation of the sector and the application of the present Promotion Regime for the development and growth of the same. The Forum may make agreed recommendations to serve as guidance to the implementing authority and to the Technical Advisory Committee for Aquaculture.
ARTICLE 39. -The FONAC shall be integrated with: (a) A consignment of the national budget during the term of ten (10) years included in the budget of the Ministry of Agriculture, Livestock and Fisheries not less than one per cent (1%) of the budget of that Ministry; (c) Grants and contributions from international, provincial and producer organizations; (d) the amounts to be granted by the FUND itself in the form of funds; (e) Multas originating in penalties applied to producers (points a, b and c) Article 46 of this Law); (f) Collection which, by any other legal concept, is provided for.
ARTICLE 40. -The implementing authority, after consultation with the CATA, may annually allocate up to 20% (20%) of the FUND funds to other general support actions for the development and growth of the aquaculture sector, such as: (a) to carry out campaigns for the dissemination of this scheme; (b) to carry out censuses for the knowledge of producers, hectares under cultivation and/or volume produced; (c) to carry out market studies with transfer to producers; (e) Supporting producers in cases of emergencies due to natural disasters or in serious and urgent cases affecting the production agencies and exceeding the budgetary capacity. of the specific national and provincial bodies concerned; (f) Support the financing of studies at the level of soil, water and the determination of "load capacity" of freshwater bodies intended for aquaculture to determine the extent of provincial concessions to be granted; (g) Support the financing of studies on the diseases of the species under cultivation, the identification of areas exempt from internationally-reported diseases, and the determination of actions to be carried out in conjunction with the national implementing authority concerned; workshops and training seminars for producers, permanent workers of the aquaculture production establishments, river and sea craft fishermen with aquaculture production potential, technical and professional (national and provincial) involved in the formulation, evaluation and implementation of plans and projects of investment presented to be eligible for this
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regime.
ARTICLE 41. -The implementing authority, after consultation with the CATA, will establish the criteria for the distribution of the FONAC funds, prioritizing those areas of the country that for their qualities and aptitudes maintain a significant importance in production aquaculture, for the roots of human populations, supporting with socio-economic actions and directing them to those investment projects that increase the production and occupation of specialized and non-specialized labor. Up to five percent (5%) of the FONAC funds can be allocated annually to the compensation of administrative expenses, human resources, equipment and viatics, both at national level, and provincial, municipal and Autonomous City. of Buenos Aires, which demands the implementation, monitoring, control and evaluation of the present regime. Up to 10% (10%) of FONAC funds may be allocated annually for bank credit rate subsidy schemes that may be implemented in the future under this law.
ARTICLE 42. -The economic and financial benefits provided for in the following articles of this law shall be valid for the term of ten (10) years since its promulgation.
ARTICLE 43. -the funds requested by applicants for these benefits, once submitted and approved their projects to the implementing authority, shall be awarded to the firm of the respective contract with each producer or potential producer as a beneficiary, or with an association or a cooperative constituted, which may assign the same to the investments listed below and in the percentages determined in this Article, provided that its social object expressly states the aquaculture activity: (a) Up to 100% (100%) of the amount requested for the purchase or rental of machinery for the movement of land for the preparation of the land and the construction of excavated ponds intended for cultivation, water reservoirs, such as the construction of "raceways", pilettes, tanks, purging pilettes, tables, rafts and longlines or cage-bales (including appropriate nets) for the cultivation of fish, elements for the cultivation of bivalve molluscs, together with their rigid parts and anchorages for their sustainability in the water (marine or sweet) or other system used in The present system of aquaculture production, which is developed in the future with proven technology, as well as costs for the acquisition of pumps and water extractors and for the construction of wells and sheetles. In addition, it may request amounts intended for the construction of a laboratory for primary breeding and breeding or for quarantine as a laboratory or a quarantine hatchery for any aquatic culture organism, as well as for monitoring of the Maintained production, asset-keeping galon, tractor acquisition for aquaculture activity, demaliser for maintenance and cleaning of the predium, coupled for transport of water and loads (with the exception of motor vehicles van or motor vehicles), including boats or boats with outboard motor vehicles up to 40 HP, trailer and diving elements intended for aquaculture purposes (different stages of the production of an aquatic organism, depending on the species and the developed culture system); (b) Up to fifty per cent (50%) of the value of the balanced food intended for the cultivation of the selected species/s to be acquired in national shops, according to the volume of planned production to which it is intended; also for the purchase of medicinal products and health care due to the prevention of pathologies or pathologies that have been detected during any stage of the production cycle of the species under cultivation or, erogation by analysis costs
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and laboratory controls determined or to be determined by the competent health authority and other certifications necessary in accordance with national and/or international regulations; (c) Up to 20% (20%) of the acquisition (d) Up to 50% (50%) of the costs of projects for the production of quality certifications, of the type of breeding animal material for the start of the activity or of "seed" (larvae and/or juvenile) origin or organic production. The implementing authority shall regulate the conditions for granting the amounts of reimbursable funds by establishing a minimum grace period of 30 months and fixing the interest to be applied to them.
ARTICLE 44. -Aquaculture beneficiaries will have the following tax benefits: (a) Elimination of import duties on equipment or machinery included in the projects, where there is no national production; (b) Early repayment, in the tax to the profits, of one hundred percent (100%), in two (2) exercises, of the value of the machinery acquired for the approved project. The tax benefits described in this Article shall be for a duration not greater than two (2) fiscal years since they are granted by the corresponding authority.
ARTICLE 45. -This scheme shall apply in the provinces which expressly accede to it. In order to benefit from the benefits of this law during the time of implementation of this scheme, the provinces adhered to shall: (a) Designate a provincial body responsible for the implementation of this scheme, which must comply with the procedures laid down in its rules within the time limits laid down, coordinating the functions and services of the provincial and/or community bodies responsible for the promotion of aquaculture, with the implementing authority; (b) declare exempt from the payment of stamp duties to acts arising from the activities covered by this scheme, unless the The province will allocate the funds raised by this concept to the implementation of action measures (c) Respect the inviolability of investment projects approved by the relevant authority; (d) declare exempt from the payment of the tax on gross receipts or other income which replaces it or supplement it; in the future and which tax the gainful activity generated in the investment projects which are benefited by this law; e) Eliminate the collection of guides or any other instrument that serious the free movement of elements destined to the (f) To obtain or already obtained, in the investment projects benefited by this law; The time of accession, the provinces must inform taxatively which benefits and deadlines will be granted. In the event that the benefit is granted by virtue of this article, from the municipal authorities or the Autonomous City of Buenos Aires, they must adhere to the regime approved in this law and the rules The province of accession, with a taxatively establishing the benefits to be granted.
ARTICLE 46. -Any infringement of the present regime and the regulations which are consequently dictated, will be sanctioned, in a gradual and cumulative manner, with: (a) Total or partial forfeiture of the benefits granted; (b) Return of the total amount granted by the FONAC or as another aid provided by the National State or the provincial State. In all cases the amounts will be recharged to be reintegrated with the updates,
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interest and fines establishing the legal rules in force at national level; (c) Return of taxes not paid on the occasion of the promotion; (d) Payment to the provincial, municipal or municipal governments of the Autonomous City of Buenos Aires of the amounts of taxes, fees and/or any other kind of provincial, municipal or Autonomous City contribution of Buenos Aires not paid according to the provincial, municipal or Autonomous City of Buenos Aires Aires. The national implementing authority, on a proposal from the CATA, shall impose the penalties referred to in points (a), (b) and (c), and the provinces concerned shall impose sanctions as set out in point (d). The rules shall lay down the procedure for the imposition of penalties, ensuring the right of producers to defend themselves. Chapter XIV Information system
ARTICLE 47. -The Ministry of Agriculture, Livestock and Fisheries, shall establish, operate and keep up to date, the National System of Statistics in Aquaculture (SINEA), referred to in Article 1 (g) of this Law, consisting of the data they provide the provinces, which they shall implement in turn, their own records of production by establishment in their territories. The producers who make up the aquaculture sector shall, between the months of May and June of each year, provide the estimated production data, to the Aquaculture Directorate, through the respective provincial authority. In the case of a province possessing numerous producers of 'family or rural aquaculture or agro-aquaculture', it shall inform the national competent authority of the volumes produced, identifying them by species, to be obtained by the term of the year in question. The Aquaculture Directorate will be responsible for communicating the country's total statistics through the ministry's portal and communicating it to the National Institute of Statistics and Census (INDEC), as well as other international organizations in the which holds participation.
ARTICLE 48. -within the planning and execution of the actions carried out by the agencies and entities of the administrations, both at national and provincial level, in accordance with their respective spheres of competence, and in the exercise of their respective spheres of competence; attributions, will be observed the guidelines that, by common agreement, are considered strategic for the Aquaculture Sector, insisting to the producers in the integration of cooperatives or associations and participating in turn, of other plans that may arise from different aspects to be addressed as part of national bodies and international. Chapter XV Of the budget to be allocated
ARTICLE 49. -The Ministry of Agriculture, Livestock and Fisheries through the Sub-Secretariat of Fisheries and Aquaculture, will estimate and integrate within its budget to submit annually to the national executive branch, corresponding to the development of aquaculture within the territory, which will cover the funds corresponding to the FONAC and the management and maintenance of its current and future delegations.
Chapter XVI
Of this law
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ARTICLE 50. -The provinces and the Autonomous City of Buenos Aires are invited to adhere to this law.
ARTICLE 51. -The national executive branch shall regulate this standard within a period not greater than 120 days of its promulgation.
ARTICLE 52. -Contact the national executive branch.
GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE TWENTY-SIX DAYS OF THE MONTH OF NOVEMBER OF THE YEAR TWO THOUSAND FIFTEEN.
-REGISTERED UNDER NO 27231-
JULIAN A. DOMINGUEZ. -GERARDO ZAMORA. -Lucas Chedrese. -Juan H. Estrada.
Date of publication: 04/01/2016
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