Key Benefits:
Sanctioned: November 14, 2001.
Enacted: December 11, 2001.
The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:
ARTICLE 1 Trust the Instituto de Promoción de la Carne Vacuna Argentina, as a non-State law entity. Objective, mission and functions Priority tasks of the Institute will be to promote increased local consumption of vaccine meat and the promotion of meat exports, contributing to the competitiveness of livestock and industrial enterprises. The Institute may not, in the fulfilment of its objective, market directly or indirectly vaccine meat. Article 3 The Institute for the Promotion of Carne Vacuna Argentina, through its Council of Representatives, will administer the Fund for the Promotion of Carne Vacuna Argentina, which is established in this law, by which it will finance the actions necessary to fulfil its mission. To this end it may:(a) Promote and conclude agreements or partnerships for the development and promotion of exports and local consumption of meat products or by-products;
(b) Carry out studies and research aimed at disseminating the advantages of meat consumption in a balanced diet;
(c) Organize or participate in advertising campaigns and local and foreign trade fairs to represent the interests of producers, refrigerators and exporters of vaccine meat and their by-products;
(d) Conduct and organize training and development courses, and hold conferences, congresses, meetings, seminars or similar events on meat products;
(e) Conduct technical assistance activities, by themselves or by third parties, to companies, public agencies, foreign agencies or international institutions, related to the production, industry, trade and consumption of meats, livestock, and facilitate inter-agency exchange of technicians and experts;
(f) Identify and manage local or external resources to support the implementation of the activities of the Institute;
(g) Grant scholarships and incentives to meet the objectives of the Institute;
(h) Develop any activity that best meets established objectives.
AuthoritiesAssembly of Representatives
ARTICLE 4 The Assembly of Representatives will be integrated as follows:For the production sector, the owners of the entities that represent it; namely: Confederaciones Rurales Argentinas (CRA), Intercooperative Confederation Agropecuaria Limited Cooperative (Coninagro), Federación Agraria Argentina (FAA), Sociedad Rural Argentina (SRA) and Asociación de Produceres de Carne Bovina Argentina (APROCABOA).
The frigorific industry will be designated by agreement of the same and in rotational form, three (3) entities among the following: Asociación de Industrias Argentinas de Carnes (AIAC), Federación de Industrias Frigoríficas Regionales Argentinas (FIFRA), Cámara de la Industria y Comercio de Carnes y Derivados de la República Argentina (CICCRA), Unión de la Industria Cárnica (UNICA) y Cámara Argentina de la Industria Frigorífica (CAD). The elected entities shall be represented in the Assembly of Representatives by their holders.
For the official sector, the holder of the Ministry of Economy, the Ministry of Agriculture, Livestock, Fisheries and Food, or the latter designates.
For the producing provinces, three (3) representatives shall be appointed as determined by the regulations respecting the participation of the different livestock regions.
The Ministry of Economy’s Ministry of Agriculture, Livestock, Fisheries and Food Secretariat will convene the first Meeting of the Assembly of Representatives at thirty (30) days of the publication of this Law.
ARTICLE 5o The Assembly of Representatives will meet every year at a regular meeting to evaluate and approve the annual budget, the memory and balance of the Institute for the Promotion of Cowage Argentina and to appoint the Syndicate and the External Audit of the Institute, on the proposal of the Ministry of Economy's Ministry of Agriculture, Livestock, Fisheries and Food.The Assembly of Representatives shall convene the first meeting of the Council of Representatives after each ordinary assembly, in order to do so to notify its members.
The assembly will be presided by the Secretary of Agriculture, Livestock, Fisheries and Food of the Ministry of Economy, or who represents it, and a secretary will be appointed, by a simple majority vote, who will be in charge of drafting the minutes of the assembly, which will sign two (2) representatives elected by the same procedure. A record of assistance will be kept in a book to that end. In case of a tie, the president of the assembly will have a double vote.
The assembly will set annually the percentage of the Fund for the Promotion of Carne Vacuna Argentina assigned to administrative expenses, not being able to exceed five percent (5%) of the total of the same.
The Assembly may modify, with the unanimous vote of its members, the index that determines the amount of contributions to be made by the sectors it represents, always maintaining as a maximum of the indices indicated in article 15 of this Law.
The Extraordinary Assembly shall be convened if the two thirds (2/3) of its members so request.
Council of RepresentativesConstitution and operation
ARTICLE 6 The Instituto de Promoción de la Carne Vacuna Argentina will be headed by a Council of Representatives, composed of eight (8) members and their respective alternates, according to the following constitution: four (4) representatives of the producer sector, one (1) by Confederaciones Rurales Argentinas (CRA), one (1) by Intercooperative Confederation Agropecuaria Limited Cooperative (Coninagro), one (1) by Federación Agraria Argentina (FAA)The designations of the incumbent and alternate vowels shall be made directly and in writing by the Assembly of Representatives, each of the institutions designated in the first paragraph of this article.
The Council shall consist of ten (10) days of the appointment of its members.
ARTICLE 7 The president of the Instituto de Promoción de la Carne Vacuna Argentina will be one of the representatives of the producer sector, appointed by agreement of the representative entities of the same, Confederaciones Rurales Argentinas (CRA), Intercooperative Confederation Cooperative Limited (Coninagro), Federación Agraria Argentina (FAA) and Sociedad Rural Argentina (SRA).The vice president of the Instituto de Promoción de la Carne Vacuna Argentina will be one of the representatives of the frigorífica industry, appointed by agreement of the representative institutions of the frigorífica industry with representation in the Assembly of Representatives.
The appointment of the president and vice president shall be held at the first ordinary assembly meeting for the year of renewal of authorities, and shall be re-elected indefinitely.
The president's office will be rented.
The vice president and the vowels will exercise their functions ad honorem.
The retribution of the president and the viats and representation costs that demand in the exercise of their functions both the president and the vice president and the vowels shall be approved previously by the Council of Representatives.
Members of the Council of Representatives will last two (2) years in their positions except in the first annual exercise, to which end the fifty percent (50%) of the vowels, selected by previous draw.
Members may be re-elected indefinitely.
ARTICLE 8 Regular meetings of the Council of Representatives shall be at least monthly.The Council of Representatives will sit with the presence of the absolute majority of its members, and will resolve by a simple majority of votes present. In case of a tie the president will have double vote.
The vice president will temporarily replace the president in case of absence or temporary incapacity.
In case of death, resignation or permanent disability, a new president will be elected.
The vice president and the titular vowels will be replaced by their respective alternates in case of death, disability or leave.
Article 9 The Council of Representatives shall have the following functions:(a) Adopt the professional and administrative structure, which will be rented, defining its functions and remuneration;
(b) Name and remove your staff;
(c) To exercise through its chairman the representation of the Institute in all judicial, extrajudicial, administrative, public or private acts in which it should intervene;
(d) Buy, sell, exchange, assign, encumber or transfer movable and immovable property, necessary for the fulfilment of the purposes assigned to the Institute. In the case of sale, permute, assignment or levy of real estate, the decision of the two thirds (2/3) of the members shall be necessary;
(e) Manage the Fund for the Promotion of Carne Vacuna Argentina;
(f) Consider the annual budget of the Institute, which shall be approved by the vote of two thirds (2/3) of its members and raise it for approval to the Assembly;
(g) Define plans of action to be implemented by the Institute to meet its objectives;
(h) Adopt its internal rules of procedure.
ARTICLE 10. The President of the Council of Representatives will be the direct and responsible for implementing the actions previously approved by the Council. He will be the legal representative of the Institute.The president will submit a budget annually according to a strategic programme of work that will be considered by the Council of Representatives, three (3) months before the start of each exercise.
It will lead the professional and administrative structure of the Institute.
It will take part in the meetings of the Advisory Council that it deems appropriate and will raise the agenda of the Council of Representatives.
Advisory Council
ARTICLE 11. An Advisory Council shall be constituted, which shall be composed of the following: by the producer sector, one (1) representative of the Argentine Chamber of Producers of Carne Vacuna (CAPCV), one (1) representative of the Association of Producers of Carne Bovina Argentina (Aprocaboa). By the Frigorific industry two (2) representatives designated by agreement between the institutions mentioned in Article 5 of this Law, by the consignee sector one (1) representative appointed by agreement between the Chambers that represent it, namely: Argentine Chamber of Winners, Center of Direct Consignators and Center of Consignors of Country Producers, one (1) representative of the Argentine Federation of Workers of the Carne and one representative of the Ministry of Foreign Affairs and oneA (1) general coordinator shall be elected from among its members to coordinate the meetings of the Advisory Council.
The designation will be rotating on the representatives of the producer sector.
Its functions will be ad honorem and will last two (2) years in office.
ARTICLE 12. The Advisory Council shall have the following functions:(a) At least one (1) time a month or when convened by the Council of Representatives;
(b) It shall set its own agenda and may submit to the Council of Representatives its observations and recommendations that it understands to correspond to the progress of the promotional programmes implemented by the Institute;
(c) It shall give its favourable or unfavourable opinion, clarifying the divergences produced on the topics discussed, which shall only be of non-binding advice and opinion.
ARTICLE 13. Other institutions linked to the work of the cattle and beef market, which in the future were interested in the membership of the Institute ' s Advisory Council, should submit their intention in writing to the Council of Representatives to decide on their income.Fund for the Promotion of Carne Vacuna Argentina
ARTICLE 14. Créase the Fund for the Promotion of Carne Vacuna Argentina to finance the Instituto de Promoción de la Carne Vacuna Argentina which will be integrated with the following resources:(a) An obligatory contribution equivalent to the sum in pesos of up to twenty cents per cent (0.20%) of the index value of vaccine in place of faena, published in the Official Gazette by the Ministry of Agriculture, Livestock, Fisheries and Food of the Ministry of Economy, per animal of the bovine species to work. The previous obligation shall be carried out by the owner of the animal that goes to work;
(b) A mandatory contribution equivalent to the sum in pesos of up to nine cent (0.09%) of the index value of vaccine in place of faena, published in the Official Gazette by the Ministry of Agriculture, Livestock, Fisheries and Food of the Ministry of Economy, per faenado animal. The above obligation shall be in charge of the refrigerator that performs the animal's work operation.
The Assembly of Representatives shall set the value of the liquors to be applicable within the limits set out in subparagraphs (a) and (b) of this article.
The contribution of the imponible facts provided for in the above-mentioned paragraphs shall be liquidated and paid as follows:
For the cases covered in subparagraph (a) it will be liquidated and paid at the time of the issuance of the health document authorizing the transfer of the animal for a purpose issued by the National Service for Food Health and Quality (SENASA), a decentralized and auto-archic agency under the Ministry of Agriculture, Livestock, Fisheries and Food, through a system of perception that will be carried out by the Ministry of Economy.
For cases provided for in subparagraph (b) on the basis of a monthly affidavit made in the form, expiry periods and conditions established by the Implementation Authority.
ARTICLE 15. The Ministry of Economy ' s Ministry of Agriculture, Livestock, Fisheries and Food Secretariat shall implement the collection system provided for in the previous article, for which it is empowered to conclude agreements with public or private agencies, as well as to appoint retention or perception agents.The funds collected will be deposited fortnight in an account of the Banco de la Nación Argentina, on behalf of the Instituto de Promoción de la Carne Vacuna Argentina. The funds shall be owned by the said Institute and shall in no case be subject to appropriation by the National Treasury.
All resources of the Fund for the Promotion of Carne Vacuna Argentina will be used only to finance the objectives of the Institute, after the approval of the annual budget by the Assembly of Representatives.
ARTICLE 16. Failure to comply with the provisions of article 15 of the present law by those obliged to pay, shall make the penalties imposed on unencumbered natural or legal persons, of the penalties provided for in article 27 of Act No. 21.740, replaced by article 1 of Act No. 22.845, paragraph 3, being the enforcement authority of the same, the Ministry of Agriculture, Livestock, Fisheries and Food. ARTICLE 17. The Fund for the Promotion of Carne Vacuna Argentina will also include the interests and fines for contributions not made in time and form, which will set the respective regulations, and the legacies and donations made by private or official institutions, which will not give the right to participate in the conduct of the Institute. ARTICLE 18. If it had remained unused after the year is closed, it will automatically integrate the next year budget. This surplus of the Fund for the Promotion of Carne Vacuna Argentina will be considered intangible for any purpose not related to the objectives of the Institute. ARTICLE 19. Contributions to the Fund for the Promotion of Carne Vacuna Argentina will not be taxed with any national taxes. The national executive branch will propose to the provinces equal tax treatment for the aforementioned contributions.Dissemination of the actions of the Institute
ARTICLE 20. The actions of the Instituto de Promoción de la Carne Vacuna Argentina should be publicly disseminated among its contributors, through campaigns that provide detailed information on their actions, memories, balances and audits. ARTICLE 21. Each three (3) years, the Assembly of Representatives will evaluate the functioning of the Institute and the Fund for the Promotion of Carne Vacuna Argentina in order to decide on the continuity or not of the same. Determined non-continuity, the Fund will be liquidated and all the assets of the Institute, which will go directly to the patrimony of the National Institute of Agricultural Technology (INTA), an auto-archic agency under the Ministry of Agriculture, Livestock, Fisheries and Food. ARTICLE 22. Default any rule that is contrary to the present. ARTICLE 23. Contact the Executive.IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO CATORCE DIAS DEL MES DE NOVIEMBRE DEL YEAR DOS MIL UNO.
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PASCUAL RAFAEL. . EDUARDO MENEM. . Guillermo Aramburu. . Juan C. Oyarzún.