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Decree No. 4990, 18 February 2004

Original Language Title: Decreto nº 4.990, de 18 de Fevereiro de 2004

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DECREE NO. 4,990, OF February 18, 2004.

Promults the Agreement between the Government of the Federative Republic of Brazil and the Government of the Argentine Republic to the Viabilization of the Construction and Operation of New Highway Travessiah on the Uruguay River of December 15, 2000.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, inciso IV, of the Constitution, and

Considering that the Government of the Federative Republic of Brazil and the Government of the Argentine Republic celebrated, in Florianópolis, on December 15, 2000, an Agreement for the Viabilization of Construction and Operation of New Highway Travel on the Uruguay River;

Whereas the National Congress approved this Agreement through the Legislative Decree no 645, of September 18, 2003;

Considering that the Agreement entered into force on October 6, 2003, pursuant to paragraph 1º of its Article VI;

DECRETA:

Art. 1º The Agreement between the Government of the Federative Republic of Brazil and the Government of the Argentine Republic for the Viabilization of Construction and Operation of New Road Travessiah on the Uruguay River, completed in Florianópolis, on December 15, 2000, apenso by copy to the present Decree, will be executed and fulfilled as entirely as it contains itself.

Single paragraph. In the execution and fulfillment of the said Agreement by the Government of the Federative Republic of Brazil, the provisions of the art shall be observed. 167, incisions I and II, of the Constitution.

Art. 2º They are subject to the approval of the National Congress any acts that may result in revision of the said Agreement or that carries charges or gravy commitments to the national heritage, in the terms of art. 49, inciso I, of the Constitution.

Art. 3º This Decree comes into force on the date of its publication.

Brasilia, February 18, 2004; 183º of Independence and 116º of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE

GOVERNMENT OF THE ARGENTINE REPUBLIC FOR THE VIABILIZATION OF THE

CONSTRUCTION AND OPERATION OF NEW ROAD CROSSINGS

OVER THE URUGUAY RIVER

The Government of the Federative Republic of Brazil
e
The Government of the Argentine Republic

(henceforth called "Parties"),

Taking into account the Treaty on Integration, Cooperation and Development, firming between the two countries on November 29, 1988;

Considering the provisions of Protocol No 23 (Regional Border) of November 29, 1988, concerning the extension of physical integration between both countries;

Recalling the will expressed in the Joint Communiqué struck by the Presidents of the two countries on November 11, 1997, especially in its paragraph 12, concerning the road links Itaqui-Alvear, Porto Mauá-Alba Posse and Porto Xavier-San Javier; and

Having present the understandings between the Minister of Transport of Brazil and the Minister of Infrastructure of Argentina, on the occasion of the Tripartite Meeting of Ministers held in Montevideo, Uruguay, on the day March 23, 2000,

Wake up:

ARTICLE 1

The Parties undertake to initiate, through their respective competent authorities and with the required brevity, the examination of the questions regarding the construction and operation, preferably in public works concession scheme, of the three new road bridges on the Uruguay River, including its complementary works and its accesses, in front of the municipalities border of Itaqui-Alvear, Porto Mauá-Alba Posse and Porto Xavier-San Javier.

ARTICLE II

For the purposes mentioned in Article I of this Agreement, the Parties create a Binational Commission for the New Bridges on the Uruguay River, henceforth called the Binational Commission, integrated:

a) by the Brazilian Party: by the Ministry of Transport, Ministry of Foreign Affairs and other national bodies;

b) by the Argentina Party: by the Registry of Public Works, Ministry of Foreign Affairs, International Trade and Culto and other national bodies;

in equal number of representatives of each Country, as designation that each Party shall communicate to the other within sixty (60) days corridic days, from the date of entry into force of this act.

ARTICLE iii

THE Binational Commission shall to consider in its proceedings the decisions and agreements resulting from Protocol No. 14 (Land Transport), of December 10, 1986, including those relating to harmonised border control measures.

ARTICLE iv

1. It will be within the competence of the Binational Commission:

a) to bring together the necessary background in order to draw up the Terms of Reference for the hiring, together with the private initiative, of a comparative feasibility study of the three such new road crossings, which takes into account the physical, environmental, economic, financial and legal aspects of the venture, as well as other judgements required by the Commission, and shall provide in its results an order of technical priority for the execution of the projects;

b) analyze the mentioned studies and determine, based on the same, the next steps with views to the realization of the projects that the Parties decide to execute;

c) prepare the necessary documentation to carry out the public bidding and the subsequent award for the construction and operation of the new bridges, the realization of their complementary works and accesses, and shall be submitted to the provided for the approval of the Parties, as well as taking into account the decision that they be carried out preferentially under the public labor concession regime, without endorsement of the Governments and without guarantee of minimum transit;

d) in the case of a decision in favour of carrying out works by means of granting public works, laying down the conditions to be fulfilled by the concessionaires for the realization of the works and the exploitation of the respective concessions;

e) to previously assign the bidding a representative of each Party to integrate a control body, which it will have as a function overseeing the fulfillment of the concession contract over its term of duration.

2. The Binational Commission will have full powers to request the technical assistance and all information it considers necessary.

ARTICLE V

1. The costs regarding the necessary dispropriations to the implantation of the works, as well as to the rail and road connections to the point of access to the contracted works, in each national territory, shall be the sole responsibility of the Party respective, under the conditions that appear to be agreed domestically with their local or regional governments.

2. The costs of the comparative feasibility study referred to in Article IV, item 1, letter a, will covered by the Parties, in the ratio of 50% to each.

3. Each Party shall be responsible for the spending arising from its representation in the Binational Commission.

4. The costs of the studies, projects and works pertaining to the construction of each object bridge of the concession, its complementary works and accesses, will be in charge of the winning consortium of the corresponding bidding.

VI ARTICLE

1. The Parties shall notify themselves of the fulfillment of the respective internal legal formalities necessary for the duration of this Agreement, which shall enter into force from the second notification.

2. Any of the Parties may, at any time, denounce the present Agreement, by diplomatic means and with a year's notice.

Made in the city of Florianópolis, at 15 days of the month of December 2000, in two exemplars equally authentic, in the Portuguese and Spanish languages.

________________________________

BY THE GOVERNMENT OF THE REPUBLIC

FEDERATIVE DO BRASIL

Elizeu Padilha

Minister of Transport

________________________________

BY THE GOVERNMENT OF THE ARGENTINE REPUBLIC

Adalberto Rodríguez Giavarini

Minister of Foreign Affairs, International Trade and Culto