General Provisions

Original Language Title: Disposiciones Generales

Read the untranslated law here:!DetalleNorma/11499290/20160724

SCHEME specific tariff BIENPUBLICO tariff regime entities specifically law 27218 General provisions for entities of public good. Sanctioned: 25 November of 2015 fact promulgated: 22 December 2015 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: regime tariff specific to entities well public title I provisions general article 1 ° - Tarifario Específico Régimen for entities of public good. Instituting tariff specific arrangements of public services for entities of public good under the conditions established by this law.
Article 2 ° - object. The specific tariff regime defines a particular treatment to apply to foundations and associations non profit subject of this regime in relation to the price they pay for public services. This particular treatment is due to the specific nature of these legal entities that do not pursue profit and are main aimed at the common good.
Article 3 - application. The specific tariff arrangements provided for in this law means the payment of a fee, providers of public services, resulting from the incorporation in the respective tariff category picture "public entity". Regulators of public services should incorporate this category in the respective tariff tables and implement the tariff established by this law.
Article 4 ° - subject of the regime. They are the subject of the present regime the "entities of public good" that respond to the following definition: civil associations, simple associations and foundations pursuing not directly or indirectly profits and community organizations non-profit municipal recognition that carry out programmes for the promotion and protection of rights or activities of direct social assistance without charge to recipients for services that provide.
Article 5 - category of subjects. The subjects of the present regime constitute a new category of users of public services called "Entities of public good", as specific treatment established by the present law.
Article 6 - excluded subjects. Social organizations that have their headquarters abroad, as well as the legal forms provided for by law 19.550 and all existing legal forms or create for profit are excluded from this scheme. This category does not include enterprises, commercial farms, industries and any other user not be compatible or equivalent to the nature or character of these non-profit organizations. This category also reaches activities for profit that originate in the heart of civil associations or foundations. Also, excluded associations, foundations or entities created by societies commercial, banking or legal persons engaged in lucrative activities, even though these associations, foundations or entities whose purpose is social actions.
Article 7 - criteria to adopt. In order to establish different classes within this new category of users, is taken as the criterion adopted for the category of residential users in the Law 26.221, according to the nature and characteristics of each public service. To regulate this law, be taken into account this criterion to set classes in this new category.
Title II general features system article 8 - stops in billing. Set as maximum limit in the billing of the subjects of the present regime, the tariff maximum scheduled for residential users for each service. The basis of billing shall be equal to or lower minimum rate paid residential users, according to the charges specific to each service. In both cases shall take into account the different classes within the category of residential users, according to the provisions of article 7.
Article 9 - costs of public services. Lenders will assume the costs of connection or reconnection of the recipients of the regime that do not count with such services or in cases in which they have been suspended.
ARTICLE 10. -Prohibition of transfer of the cost. From the application of this regime, borrowers do not may carry the cost of tariff reduction which can correspond to the values of consumption of the set of users.
ARTICLE 11. -Quality of public services. Regulators and lending companies should ensure that the quality and the conditions of the public service provided to the subjects of the present regime are equivalent to those that draw the rest of the users. article 12. -Obligation of the providers. The providers of public services are required to fit into this specific regime all the organizations referred to in article 4 of this law from the presentation of the documentation that accredits status or recognition of authority of the municipal, provincial or national level, without it being necessary to complete another process or requirement to prove identity.
TITLE III ENFORCEMENT AUTHORITY ARTICLE 13. -Implementing authority. The Ministry of Federal Planning, public investment and services, or you replace it in the future, is the authority for the application of this law, being its function the supervision, implementation and application of the specific tariff regime for public interest entities. This Ministry will coordinate its actions with public bodies that have concurrent powers through the National Council for social policy coordination or the interministerial body that replaces it in the future. It is also responsible for achieving the necessary agreements between the State authorities and the lending companies.
TITLE IV OF THE ESSENTIAL PUBLIC SERVICES CHAPTER I DRINKING WATER AND DRAINS SEWAGE ARTICLE 14. -Public drinking water and sewage service. Shall apply to the associations target of the present regime what is established in Annex E of the Law 26.221 in what concerns the Social tariff, insofar as it is compatible with the present law and in the way that is most favorable to the subjects of the regime.
CHAPTER II ELECTRICITY ARTICLE 15. -Public electricity service. The rate table provided for in chapter X of the law 24.065 is completed with "Entities of public interest" category established by this law.
ARTICLE 16. -Category entities of public good. Carriers and distributors, to ask the regulatory body approval of tariff pictures which they intend to apply, must include the "Entities of public interest" category within the classifications of users.
Chapter III article 17 NATURAL GAS. -Natural gas utility. The rate table provided for in article 40 of the law 24.076 is complete, from the enactment of this Act, with the addition of the category "Entities of public good" instituted by this tariff regime. Ente national regulator of the Gas, or which in the future replace it, must ensure their incorporation in all cases that proceed as an adjustment of rates.
ARTICLE 18. -Use of carafes. Public entities that use canisters may obtain them by paying the price for home use or the social tariff to be determined for this product.
CHAPTER IV TELEPHONY ARTICLE 19. -Public telephone service. Phone service is an essential public service that must provide public entities that defines the present regime under the same conditions and with the same quality of service offered to users pre-existing categories.
ARTICLE 20. -Category entities of public good. 19.798 law enforcement authority should set the rates for this service by incorporating the "Entities of public interest" category according to as regulated in article 128 of the National Telecommunications Act and what is established by this law.
ARTICLE 21. -Exemptions or reductions. With regard to the exemptions or reductions of fees, rates and charges set out in article 131 of the Law 19.798, the title thereof shall not be deemed precarious for these entities, and must be governed by what is established in this law.
ARTICLE 22. -National Council of telecommunications. The National Council of telecommunications or the body that replaces it in the future to be incorporated "Entities of public interest" category created by this law to intervene in projects of rates to which refers article 9 ° paragraph q) 19.798 law.
CHAPTER V OF THE REGULATORS ARTICLE 23. -Regulators. Regulators entities of public services or agencies that in the future will replace them, must approve tariff tables established lending companies provided that at the same tariff treatment and the "Entities of public interest" category established by this law is incorporated.
Title V final dispositions

ARTICLE 24. -New services. Any service which, in future, be considered essential public service must conform to the tariff scheme approved by this law and incorporate the category "Entities of public interest" in its tariff tables.
ARTICLE 25. -Individuals who have a social tariff regime. If this law subject associations is found under a regime similar to the one established by the present, are eligible for which proves more favorable. These associations not may, in any case, to accumulate more than one regime for a same service.
ARTICLE 26. -Accessions. It invites the provincial States, the Government of the autonomous city of Buenos Aires and municipalities around the country to adhere to this law, waiving fees and taxes within its jurisdiction. In cases where you have tariff regimes similar to that laid down in this law, are invited to work in coordination for the implementation of equivalent regimes. Enforcement authority shall conclude with the provincial and municipal authorities conventions that can work together with the application of the present regime.
ARTICLE 27. -Communicate to the Executive branch.
-REGISTERED UNDER NO. 27218 - JULIAN A. DOMINGUEZ. -GERARDO ZAMORA. -Lucas Chedrese. -John H. Estrada.

Date of publication: 23/12/2015