Key Benefits:
The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:
Part I
General provisions
ARTICLE 1 . Object. This law establishes the regulatory framework for the industry and commercialization of liquefied petroleum gas. Laws No. 24,076 and No. 17,319 shall be applied in all that is not expressly established in the present.It is an essential objective of the regulatory framework established by this law to ensure the regular, reliable and economic supply of liquefied petroleum gas to low-income residential social sectors that do not have natural gas service by networks, for which the Implementing Authority will be empowered to exercise all the powers provided for in this law, and all measures conducive to ensuring that objective.
ARTICLE 2 . Definitions. For the purposes of this Act, it is understood that:(a) LPG: Oil Liquefied Gas las fractions of gaseous hydrocarbons at normal temperature and pressures, consisting mainly of propane or butane, its isomers, unsaturated derivatives, separated, its mixtures, which are transported, packaged and marketed in a liquid state under pressure;
(b) Producer: Any natural or legal person who obtains liquefied gas from the refinement of liquid hydrocarbons or petrochemical plants or from the capture or separation of liquefied petroleum gas from natural gas by any technical method;
(c) Importer: Any natural or legal person who imports LPG to market it in the domestic market;
(d) Fracturer: Any natural or legal person who, on his own account, disposes of industrial installations, fractions and packs LPG, in fixed and mobile containers, such as microgarrafas, guarantors, cylinders, fixed or mobile tanks, or those that in the future determine the Authority of Application, its own brand, legend or third parties, as it arises from this law;
(e) Carrier: Any natural or legal person who habitually transports LPG to bulk or on own or third-party packaging from their place of production or storage to or between fractionation, distribution or marketing points;
(f) Distributor: Any natural or legal person who, by virtue of a distribution contract with a fraction, distributes and/or commercializes on his or her own GLP order packaged;
(g) Marketing: Any natural or legal person who sells on its own or third-party LPG to bulk to fractionators, end users or consumers or to third parties;
(h) Warehouse: Any natural or legal person who, on his or her own behalf or third parties, stores LPG;
(i) Port Services Provider: Any natural or legal person providing storage, dispatch and other matters related to port activities or facilities;
(j) Great Consumer: Any natural or legal consumer of LPG that by its consumer characteristics is in a position to hire the supply directly of the producer, or of the fractionator, or of a marketer, without going through the brokerage, as it emerges from the regulation;
(k) Centro de Canje: Any natural or legal person who operates packaging exchange facilities.
Article 3 Scope of application. The activities of production, fractionation, transport, storage, distribution, port services and commercialization of LPG in the national territory are covered by this Act. ARTICLE 4 Active subjects. They are active subjects of the oil liquefied gas industry producers, fractionators, carriers, storage providers, port service providers, exchange centers, distributors, large consumers and marketers. The activities regulated by this Act may be carried out by natural or legal persons authorized to do so by the implementing authority.Those responsible for the distribution of LPG by networks and only in relation strictly to this activity shall be governed in accordance with the rights and obligations arising from the respective contracts, of Law No. 24.076 and, in addition to the liquefied petroleum gas industry by this Law.
ARTICLE 5o Public interest. The activities defined in Article 3 of the LPG industry are declared of public interest, within the framework and spirit of Article 42 of the National Constitution and in accordance with the objectives set out in Article 7 of this Law. ARTICLE 6 Free admission to the activity. The activities covered by this Act shall be exercised freely in accordance with the general provisions provided for in this Act and the regulatory rules established therein. Such activities should promote competition, non-discrimination, free access, efficient allocation of resources, public security and the preservation of the environment. ARTICLE 7 . General policy on the subject. Note the following objectives for the regulation of the LPG industry and marketing, which will be executed and controlled by the Implementation Authority:(a) Promote the competitiveness of LPG supply and demand and encourage its expansion, particularly in those places where the development of natural gas distribution networks is anti-economic;
(b) Ensure the supply of the domestic market of liquefied gas, as well as access to the bulk product, by consumers of the domestic market, at prices that do not exceed those of export parity, which should be defined methodologically, by regulation of the Implementation Authority;
(c) Properly protect the rights of consumers, enabling the universality of service, adequate information and advertising and access to it at fair and reasonable prices, with particular emphasis on supplying low-income residential sectors that do not have natural gas service by networks;
(d) To propose that the price of the LPG to the final consumer be the result of the actual total economic costs of the activity at different stages, so that the provision of the service is carried out with the appropriate quality and safety conditions, tending to its sustainable evolution, long-term development and at levels equivalent to those that internationally govern in countries with similar resources and conditions;
(e) To increase the efficiency of the sector and ensure security at all stages of the activity;
(f) To promote a better operation of the LPG industry, ensuring equal opportunities and free access of third parties to the market;
(g) To promote the diversification of the use of the LPG, in different areas, such as transport, industry, among others.
ARTICLE 8 . Implementing Authority and monitoring agency. The Ministry of Energy of the Nation, which may delegate to the National Gas Regulatory Entity (ENARGAS), the tasks of control and technical control, shall be the Authority for the Application of this Law. In addition, the Implementation Authority may delegate to the provinces the exercise of its powers through individual agreements with each of them. Article 9 . Conditions of benefit. The active subjects of this law shall be obliged to maintain the equipment, facilities, containers and other assets involved, in such a way that they do not constitute danger to public safety. This obligation extends even if they are not used and even the total and/or low destruction granted by the Implementation Authority.The facilities affected to the industry will be subject to control through inspections, revisions, verifications and evidence that the Implementing Authority periodically decides to undertake, which will be entitled to order measures that do not allow delay in safeguarding public security.
ARTICLE 10. . Market policy. The national executive branch will promote the increase in the level of competition and defiability of each stage of the industry, ensuring equal conditions for all companies that act legitimately in the sector, for the benefit of the general interest and users in particular.The Implementing Authority, within the VEINTE SCIENTO (120) days of sanctioning this law and with the advice of the National Court of Defence of Competition shall:
(a) Establish product transfer mechanisms between production, fractionation, marketing and distribution stages, which are transparent and efficient in order to ensure that all market actors are able to access the product on an equal basis and prioritise domestic market supply;
(b) Establish domestic price stabilization mechanisms for the value of the LPG acquired by fractionators in order to avoid abrupt fluctuations in domestic prices;
(c) Perform a deep analysis of the constitution of the sector and its behaviour, for the purpose of establishing limits to market concentration for each stage, or vertical integration along the entire chain of business. Limitation should include linked, controlled or controlled societies, as set out in article 33 of Act No. 19.550. This task must be carried out together with the Law Enforcement Authority 25,156 and informed, in joint meeting with the Energy and Fuel Commissions of the Chamber of Deputies and Mining, Energy and Fuels of the House of Senators, both of the Congress of the Nation.
Part II
Particular provisions
Chapter I
Production
ARTICLE 11. The production activity. The activity of LPG production under any of its forms or technical alternatives shall be free, without prejudice to which it shall be subject to compliance with the provisions of this law and its regulation.The opening of new plants or the expansion of existing plants may be available without any other requirement than compliance with the technical regulations for their application.
Chapter II
Fruiting
ARTICLE 12. Fractioning activity. The installation of new plants may be authorized, or the expansion of existing plants without any other requirement than compliance with this law and its regulation.In order to be a fraction, the corresponding authorization granted by the Application Authority must be provided, a container registry must be maintained and the other requirements established by the regulation must be fulfilled.
Fractionators can pack LPG from any producer, marketer or importer with only compliance with the rules applicable to the activity, and can do so for more than one brand or legend. LPG packaging in packaging other than its brand or legend can be freely agreed between fractions and container owners through bilateral contracts. These contracts shall be notified to the Implementation Authority.
The fraction shall, at the time of requesting authorization or renewal before the application authority, certify the ownership of a brand or legend whose number of containers that carry it is in accordance with the magnitude of its sales, according to parameters that will regulate that authority according to the evolution of the market.
ARTICLE 13. . Responsibilities. The fraction will be responsible for the packaging of LPG, and compliance with the technical, quality, safety and other standards that the Implementing Authority dictates for the purposes.In addition, the fraction will be responsible for the maintenance and replacement of the own containers and all those used by it for the purpose of packaging LPG for subsequent distribution or marketing, as well as for the mobile or fixed tanks of its brand installed in the user's home.
The fraction must freely sell to the public and must show the prevailing wholesale and retail price at the entrance of each plant.
ARTICLE 14. Packaging: your property and identification. The containers may circulate freely in the national market in accordance with the provisions contained in this Act and the regulations that are issued for this purpose.The ownership of the packaging is governed by the provisions of the Civil Code.
ARTICLE 15. . Registration. Buy a PLP Packaging Registry which will be carried by the Application Authority. ARTICLE 16. . Registration obligation. All fractionators must be registered and, in turn, register the containers of their ownership in accordance with the regulations issued by the Implementing Authority. ARTICLE 17. . Capitation of containers. The dealers, distributors and other members of the marketing chain are obliged to receive from consumers the packaging of their brand or legend or of third parties. The Implementation Authority may adopt a mechanism for the reception of different packaging, depending on the future technological evolution of the packaging and the consequent marketing modalities. ARTICLE 18. . Identification and responsibility. The separator must individualize the packaging by filling it, prior to the departure of the fractional plant, with filling precinct in which the identification data will be found, which by regulation fixed the Application Authority.In front of each filling of a container, of its own or of third parties, which the fraction performs, it must register in a label attached to it, date of filling, packaging plant, ban of sale of containers and the other collected that the Authority of Application establishes.
ARTICLE 19. Knitting centers. Market participants should organize exchange centres for packing units, each of which must be registered with the Implementation Authority, in the terms determined by it.The redemption centres shall be owned by natural or legal persons without direct or indirect corporate links with any of the active subjects covered by this law, and may be operated by themselves or by third parties with the same limitation of linkage.
The Implementing Authority shall regulate and implement the operation and control of the redemption centers within a maximum period of SEIS (6) months counted from the date of entry into force of this law, adopting maximum fees and conditions necessary for the registration of the same.
ARTICLE 20. Package park. The oil liquefied gas fractionators will integrate a common-purpose container park by providing inscribed containers with their brands and/or legends, whose amount can be established by voluntary agreement of the fruiting firms operating in the industry or, in the absence, by the Application Authority.The common-use packaging park aims to:
(a) Ensure access to packaging by those fractional firms, which comply with all the regulations in force, find difficulties in recovering through the Canje Centers, the containers identified with their brand or legend.
(b) Promote the competitive, transparent and non-discriminatory functioning of the liquefied oil sector.
(c) Create incentives to ensure compliance with the safety regulations related to the use of liquefied petroleum gas containers.
In the absence of agreement from the fractional signatures, the Application Authority shall determine the number or percentage of containers to be integrated by each particular fractionator, taking into account that in no case the assigned number or percentage exceeds the strictly necessary to ensure the normal fulfilment of the objectives set above and without affecting the operation of each fraction.
Contributions to the common packaging park should be made by brand and/or complete legend.
ARTICLE 21. Compulsory insurance. Each fraction shall hire a liability insurance with full coverage for damages to third parties, in the facilities or in the filled containers, in the conditions and up to the amount fixed by the Application Authority.The distributor will be obliged to specify in the respective sales invoices the brand and/or container legend.
Chapter III
Transport
ARTICLE 22. . Transport. The transport of LPG either by ducts, networks, roads, rail or water shall be subject to the general rules governing each of these means and the specific safety and environmental preservation that are dictated by the Implementing Authority.LPG vendors, conveyors and storage machines may request transportation concessions to the Implementation Authority. For this purpose, the holders of such concessions shall have the rights set forth in articles 39 to 44 and 66 of Act No. 17.319.
Chapter IV
Distribution
ARTICLE 23. Distribution. The distribution of LPG shall be carried out in accordance with the provisions contained in this Act, its regulations and the regulations in force or which are to be determined, except as provided for in the last paragraph of Article 12 of Act No. 24.076. ARTICLE 24. Obligation. Distributors will be required to register in the Distributor Register and receive the containers that have the corresponding identification and/or marks or legends enabled in the national territory. Depots and means of transportation of their own or third parties using distributors for the development of their activity must comply with established safety and quality standards. ARTICLE 25. . Responsibility. Distributors shall be liable for the containers that are in their possession that are not properly identified or precincted and liable for the penalties set out in this Act and their regulatory rules for violations or breaches in which they occur.The distributor will be obliged to specify in the respective sales invoices the brand and/or container legend.
Chapter V
Storage
ARTICLE 26. From storage. Those who dedicate themselves to storing LPG on their own or third-party behalf shall comply with the security regulations in the operation that the Implementing Authority does.Chapter VI
Open access
ARTICLE 27. Open access. An open-access regime is established for LPG storage activity, in accordance with the projections in this chapter. ARTICLE 28. Third-party access. The Implementation Authority shall establish by regulation, different types and conditions of use of the capacity subject to open access to third parties and rules that guarantee equal opportunities for all concerned. It will also periodically fix, in the event of a lack of agreement between the parties and the requirement of any of them, the rates that should be paid for the service.Any natural or legal person who requests the use of open-access capacity as set out in the preceding paragraph shall be inscribed, in accordance with this law, as a fractionator, distributor, marketer or large consumer.
ARTICLE 29. Operating procedure of open access to third parties. The Implementing Authority shall, within a no greater period of SESENTA (60) days, issue operating rules for open access to third parties. ARTICLE 30. Parameters for setting the rate. The Implementation Authority shall consider the following parameters for the determination of the tariff table for services corresponding to open access to third parties:(a) Variable costs of operation and maintenance of the asset;
(b) Remuneration of capital; and
(c) Reasonable income for the operator or owner of the asset.
In no case will fees exceed the average international parameters.
Chapter VII
Marketing
ARTICLE 31. . Marketing. Marketers must register in the corresponding registry and may sell LPG to bulk, with only compliance with the regulations applicable to the activity. They may also freely market the LPG in the domestic market.No fractionator may impose on marketers clauses or conditions of exclusivity or obligations of purchase. The contractual provisions that in some way violate this prohibition will be null and void, not being opposed to the co-contractor or third parties.
For the purposes of the control of the standard in this article, the Application Authority may at any time request the display of the bonding contracts between brokers and marketers.
Chapter VIII
Great Consumer
ARTICLE 32. Great consumer. The Application Authority shall determine the level of volume from which the consumer shall be regarded as a large consumer and shall be registered in the corresponding registry. Large consumers will not be able to break or market the LPG they store and will only be able to store for their own consumption, in reasonable quantities that allow the normal development of their activities. ARTICLE 33. Storage facilities. Large consumers should have storage facilities that comply with the environmental safety and care standards established by the Implementation Authority for this purpose.Chapter IX
LPG Reference Prices for Home Use
ARTICLE 34. Reference price for LPG in packaging. The Implementation Authority shall, for each region and for each seasonal semester of winter and summer, set a reference price for the national household LPG in containers up to CINCO (45) Kgs, which should be widely disseminated.This reference price will be calculated, propending on whether the active subjects have retribution for their efficient costs, and a reasonable profitability, based on the monthly price of the LPG to bulk at the departure of the production plant calculated according to the principles set out in Article 7 (b), the values that the respective fractions send under affidavit of sale, the distribution market information and the estimates made by the Implementation Authority.
If significant detaches are verified in the market at reference prices, the Enforcement Authority may apply the penalties set out in Article 42, Chapter II .Contraventions and Sanctions. of this Law.
Chapter X
Import and Export Operations
ARTICLE 35. Import and export. The free import of LPG is authorized without any other requirement than compliance with the existing regulations and without prior authorization.The export of LPG will be free once the volume of domestic supply has been guaranteed, and in each case the authorization of the national executive branch is due within the time limit of TREINTA (30) days of receipt of the request. Silence will imply conformity.
ARTICLE 36. . Restrictions. The national executive branch, on its own or at the request of the implementing authority, may have restrictive measures to the import operations of LPG, safeguards and other preventive or punitive compensatory measures when they are subsidized in their country of origin, as long as they do not contravene provisions contained in multilateral, regional or bilateral agreements signed by the Argentine Republic of application to the sector.PART III
Chapter I
From the Implementation Authority
ARTICLE 37. Functions and powers. The Authority shall have the following functions and powers:(a) To enforce this law, its regulations and supplementary provisions, in the field of its competence;
(b) Dictate the regulations for each stage of the activity;
(c) Avoid anti-competitive, oligolic, discriminatory or abused dominant position, which affect the free functioning of the LPG market and public interest;
(d) To issue such resolutions and instructions as may be necessary to ensure the provision of the service;
(e) Regulation of the contracting of compulsory insurance at each stage of marketing;
(f) Dictate the basic rules to which the fractions should be adjusted in the field of test, repair, destruction and replacement of containers. In addition, you must set the useful life of the packaging to ensure the safe use of the packaging for the consumer user;
(g) Establish reliable and inviolable mechanisms for the identification of packaging, whether for filling with LPG or to unequivocally establish the legend and/or mark of the container;
(h) Dictate the rules to which the different storage, fractionation, marketing and transportation facilities shall be subject;
(i) To formulate the rules to which the participants of this law shall be adjusted in the field of safety, standards and technical procedures;
(j) Request the actors of this regime, supporting documentation and information necessary to verify compliance with this law and its regulation. It shall also perform such inspections and inspections as may be necessary for the same purpose and shall enable the relevant records;
(k) To promote, before the competent courts, the relevant actions aimed at ensuring compliance with its functions and the purposes of this Act and its regulation;
(l) Conduct export registration and calculation of export parity;
(m) Apply the penalties provided for in this Act and its regulations;
(n) Perform systematic control of the quality of the LPG.
(o) Order, process and publish the information about the LPG industry; of the decisions it adopts and the background in which they are based, publishing, among other things, the export parity of the LPG, the prices at the departure of the fractional plants and all other information of the distribution and marketing market that is of interest to the end user;
(p) To publicize in the framework of the Federal Fuel Information System the export parities corresponding to each producer plant, the affidavits of the prices of the fractionators and all the market information of distribution and marketing that is considered relevant;
(q) Control the quantity of packaged product, the quality of the product as well as the state of conservation and maintenance of the containers in circulation;
(r) Ensuring the functioning of user complaints centres, with the appropriate participation of consumer defence agencies;
(s) Train technical staff and employees who are necessary for their purposes; and
(t) In general, perform all acts that are necessary for the better performance of its functions and the objectives of this law and its regulation.
ARTICLE 38. Of resources. For the purposes of the present Act, please provide the Authority with the collection of the control and control rate, established by article 39. ARTICLE 39. Control rate - determination - obligated to payment. Individuals or legal entities carrying out the activities regulated by this Act must pay annually to the corresponding agency a control and control rate that will be established by the National Executive. ARTICLE 40. . Jurisdictional control. For the purpose of the administrative action of the Implementation Authority, the National Law on Administrative Procedures and its regulatory rules shall apply.Exhausted the administrative channel shall proceed to appeal in judicial headquarters directly to the Federal Appeals Chamber with jurisdiction in the place of the act. The remedies against the implementation of the sanctions provided for in this Act shall have a devolutionary effect.
Chapter II
Contraventions and Sanctions
ARTICLE 41. Sanctionary regime. The concessionaire or producer who engages in counterfeit commercial manoeuvres against dealers, stockholders, distributors, marketers or consumers, and also any actor reached by this law who engages in manoeuvres such as those referred to in respect of any other member of the chain or consumers, shall be liable to the penalties set out in article 42 of this Act, without prejudice to the penalties established in the substantive legislation. ARTICLE 42. Contraventions and sanctions. Failure to comply with this Act and its regulations shall be sanctioned by the Enforcement Authority with:(a) Appearances;
(b) Fines that will oscillate up to MIL (1000) times the cost of one ton of propane at the wholesale level, according to the value established by the Implementing Authority, which will be graduated taking into account the seriousness of the infringement, the recurrence of the facts, the amount of the injury caused, the subsequent conduct of the breach by the breacher, the financial-financial capacity of the offender and the other circumstances and particularities of the case;
(c) UNO disqualifications (1) to CINCO (5) years;
(d) Suspensions between TREINTA (30) and NOVENTA (90) days; and,
(e) Closures and forfeiture.
ARTICLE 43. Control. In the prevention, finding of contraventions, complying with the measures of kidnapping, forfeiture or others that may correspond, the Enforcement Authority may require the competent judge to provide assistance to the public force.To this end, it is sufficient to submit to the judge the corresponding administrative proceedings, and formal requirement of competent authority.
PART IV
Trust Fund to meet the needs of the LPG for low-income sectors and for the expansion of natural gas networks
ARTICLE 44. Create a Trust Fund to address the residential consumption of liquefied petroleum gas packed for low-income users and to expand gas networks to areas not covered by natural gas networks. ARTICLE 45. The LLP Trust Fund for Residency Grants is intended to finance: (a) the acquisition of LPG in containers (garrafas and cylinders) for low-income users, and (b) the expansion of transport branches, distribution and home networks of natural gas in areas not covered by the date, in cases that are technically feasible and economically feasible. Prioritizing the expansions of natural gas networks in the provinces that currently do not have the system. ARTICLE 46. The Trust Fund established in this Title shall consist of the following resources:(a) All remedies from the sanctions regime established by this Act;
(b) The funds allocated by the Budget Act;
(c) Funds obtained under special credit programmes that are agreed with relevant national and international agencies or institutions;
(d) The specific inputs that the Implementation Authority agrees with the operators of the activity.
The national executive branch shall regulate the establishment and operation of the Fund, having to arbitrate the means for the operation of the Fund to have the greatest transparency and efficiency in its operation.
PART V
Transitional and final arrangements
ARTICLE 47. Container registration time. The participants of the LPG industry will have a maximum period of UN (1) year from the entry into force of this law, in order to register brands, legends and containers owned by the different actors and participants. ARTICLE 48. . Characterization of the distribution or marketing activity. The wholesale and/or retail distribution and marketing of LPG will be considered as appropriation or brokering activities, at the time of calculating taxes that seriously earn the total or gross income of the PLP. ARTICLE 49. Supplementary technical standards. Until such time as the relevant regulations are issued, the technical and security standards issued by the former S.E. State Gas company will continue to be applied with the modifications made by the Energy Secretariat in all cases consistent with the provisions of this Act. ARTICLE 50. . Added Value Tax. Add the following paragraph to the fourth paragraph of article 28 of the Law on Attached Value Tax (VAT), ordained text 1997 and amendments:(k) Sales of propane, butane and liquefied petroleum gas, for house use exclusively, their import and the locations of Article 3 (c) of this Law, for the processing of third parties.
ARTICLE 51. Public order. This law is of public order and in accordance with this, any other provision that is contrary to it is prohibited. ARTICLE 52. Regulation. The national executive branch shall regulate this law at the end of NOVENTA (90) days after its entry into force. ARTICLE 53. Contact the Executive.IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE NEW DAYS OF THE MARCH YEAR DOS MIL CINCO.
N° 26.020 EL
EDUARDO O. CHANGE. . DANIEL O. SCIOLI. . Eduardo D. Rollano. . Juan H. Estrada.
REGULATORY REGIME OF INDUSTRIA AND COMMERCIALIZATION OF PETROLEO LEAST GAS Decree No. 297/2005Bs. As., 7/4/2005
VISTO Expediente No S01:0087431/2005 del Registro del MINISTERIO DE PLANIFICACIÓN FEDERAL, INVERSION PUBLICA y SERVICES y el Proyecto de Ley registrado bajo el N° 26.020 sanctioned on 9 March 2005, y
CONSIDERING:
That through the Bill of Laws passed the Regulatory Regulatory Regulatory Regulatory Regulatory Regulatory Regulatory Regulatory Regulatory of the Industry and Commercialization of Oil Liquefied Gas (LPG), a regulation that constituted an outstanding debt of the National State to society.
That the approved regulatory framework will allow the National State to take driving measures to improve the supply of liquefied gas to bulk and packaged in guarantors and cylinders in terms of quality, safety and sectoral competence.
That among the provisions of the regulatory framework of the Liquefied Petroleum Gas (LPG) is the authority of the Implementing Authority to establish reference prices for the PLP packaged for domestic use, which constitutes a fundamental management tool to ensure that the price is not distorted by commercial conduct of any of the members that integrate the entire commercial or logistical chain.
That the regulatory framework of the LPG establishes that the Implementation Authority, within the VEINTE SCIENTY (120) days of sanctioning the norm and with the advice of the National Competition Court shall: (a) establish mechanisms of transfer of the product between the stages of production, fractionation, marketing and distribution, that are transparent and efficient in order to ensure that all agents of the market, can access the product on an equal basis and Limitation should include linked, controlled or controlled societies, as set out in Article 33 of Law No. 19.550.
That the regulatory framework of the LPG consecrates the figure of the common packaging park, confirming and perpetuating in this way the figure created by the Application Authority in September 2003, beyond that the number of containers actually provided will be adapted to the needs of the system.
That in this sense, it is stated that the LPG fractional firms will integrate a common-use container park by providing inscribed containers with their brands and/or legends, whose amount can be established by voluntary agreement of the acting fractional signatures in the industry or, in its absence, by the Application Authority.
That the common-use packaging park pursues the following objectives: (a) ensuring access to packaging by those fractional firms, which comply with all the regulations in force, find difficulties in recovering through the Canje Centers, the packaging identified with their brand or legend; (b) promoting the competitive, transparent and non-discriminatory operation of the liquefied oil sector; (c) creating incentives to ensure compliance with the safety regulations related to the use of oil.
That Article 5 of the draft law sanctioned, declares of public interest the activities that are part of the LPG industry and refers to the definitions of such activities to article 3 of that norm, which is incorrect, since that article only enumerates the activities and the definitions of which are expressed in article 2°.
Accordingly, it is appropriate to observe the term "defined in Article 3", contained in Article 5 of the Bill of Law.
That in the framework of the parliamentary debate that gave rise to the draft law sanctioned, the fractional sector focused its interest on the ownership of the packaging, being instead the most important issue for the national State, and in particular for society, the price of the product, its quality, and the security conditions that must prevail throughout the sector.
Notwithstanding the above, it is imperative to observe those precepts of the Draft Law that can generate signs of uncertainty regarding the ownership of the containers, and the exclusive rights of filling of the same, since these are individualized with marks and/or legends (overrelieve or plate) registered or inscribed in favor of each of the fractions since the beginning of the activity, whose binding effect And SERVICES, when assuming the functions properly delegated, since otherwise negative conditions for investment would be created and sectoral discussions would be reissued that have nothing to do with the interests of the consumer.
That of the Bill registered under the N° 26.020 it is clear that from the validity of the aforementioned regulatory framework, the sale of containers is prohibited to contain Liquefied Petroleum Gas (LPG) to the users, who will always have to access a container in perfect conditions of safety, since the fraction will be responsible for its maintenance, integral determination, destruction and replacement, as well as for the compliance of the technical conditions,
On March 8, 2005, the agreement of the SECTOR FRACCIONADOR DE GAS LICUADO de PETROLEO (GLP) was signed by which all the parties involved agreed on certain aspects of the regulatory framework of the Liquefied Gas of Petroleum (GLP), which was approved by the SECRETARIAT OF ENERGIA of the PUBLIC MINISTERICA
That under the agreement reached with the LPG Restoration Sector it was agreed not to make references related to the ownership of the containers, that they might alter the "statu quo", or that they grant better rights than those that each holder of the packaging is in a position to credit at the right time, so, in order to respect the agreed, it is considered appropriate to observe, in the third paragraph of Article 12 of the Draft Law sanctioned, the expression ".
That in the same sense, it is appropriate to observe in the second paragraph of Article 13 of the Draft Law the expression "propios y de todos los aquellos", since, as mentioned above, those normative references that may create uncertainty in the property rights of the subjects of the sector must be omitted, and that in the latter they end up impacting on the regulatory conditions that must prevail to ensure investments, maintenance, integral conditioning, destruction and replacement of containers.
That another is the case with the heading and the second paragraph of Article 14 of the Draft Law, as they express "their ownership and identification" and that "the ownership of the packaging is governed by the rules of the Civil Code", respectively.
That if such expressions were not observed, it could be interpreted that, by that way, a system of mobile property would be created, or of successive appropriation by the fractionators, that would enable them to sell the containers to the consumer, so that after the content is consumed, re-propy them with the argument that the new physical possession of the container "is entitled".
That in this regard, appropriate measures should be taken to avoid biased or interested interpretations that aim to favor the interests of certain groups, which have nothing to do with the interests of the consumer user who, as stated, mainly wishes to have an economic supply, safe and quality, and to access the packaging free of charge to later consume LPG.
It is therefore appropriate to observe the above-mentioned parts of article 14, since the rule should not alter the property rights of the current holders of the containers, especially considering that the Bill converts the containers to contain LPG into registerable movable goods, in accordance with the provisions of articles 12, 15, 20, and 47 of the sanctioned Bill, and requires the fraction to invest in their maintenance, in integral destruction and reconditioning.
That, moreover, the most important provision for consumer rights is the prohibition of the sale of packaging to contain LPG, thus facilitating their access to the consumption of it and assigning responsibility for the maintenance, integral conditioning, destruction and replacement of the same to the fractionators.
That the rights of the consumer are reinforced in article 17 of the Draft Law registered under No. 26.020, which states that the fractions, distributors and other members of the marketing chain are obliged to receive from consumers the packaging of their brand or legend or third parties. In this way, regardless of the brand or legend that they have the containers currently in power of the consumers, they have to be received by the commercial chain and changed, if that were the case, by the container that the user wishes to withdraw.
That the second paragraph of Article 18 of the Draft Law on Marras states that before each filling of a container, of its own or of third parties, that the fraction performs, it must register on a label attached to it, date of filling, packaging plant, prohibition of the sale of containers and the other precautions that the Authority of Application establishes.
Since the containers to contain LPG have expiration date and, in addition, the product they contain is not in any way perishable, it is considered appropriate to observe the expression that says "filling date".
That the second paragraph of Article 21 of the Bill registered under No. 26.020 obliges the distributor to specify in the respective sales invoices, the brand and/or the container legend.
That such an obligation should be repeated in a textual manner in the second paragraph of article 25, and therefore its observation was desirable.
That in Title III, Chapter I de of the Authority of Application Autoridad of the Draft Law, the functions and powers of the SESECRETARIAN Authority of ENERGIA of the MINISTERY of FEDERAL PLANIFICATION, PUBLICA INVERSION are set out in section 37 (c) And SERVICES ". assigning, among others, the following: "c) Avoid anti-competitive, oligolic, discriminatory or abused dominant position, affecting the free functioning of the LPG market and public interest."
That in the light of the analysis of the precited subparagraph together with the provisions of Act No. 25,156, conflictive interpretations are generated on the competent body to deal with issues of competition rules in markets, whose application to each particular case causes a high degree of legal insecurity.
That in this understanding the competence of the Authority for the Application of Law No. 25.156 NTRIBUNAL NACIONAL DEFENSA DEFENSA de la COMPETENCIA del MINISTERIO DE ECONOMIA y PRODUCCION . in relation to specific issues that were allocated to it with sustenance in the rights, guarantees and duties of the State contained in Article 42 of the NACIONAL CONSTITUTION and in which it is not affected
That the above-mentioned overlap of jurisdiction and scope of application generated by Article 37 (c) of the Draft Law acquires dimension at the time of the application of the sanctioning regime set out in Article 41 of the precited project, whereby the conduct punishable under Law No. 25,156 could still be applied within the aforementioned project by generating a double sanction for the same fact or even place sanctions, in the context of the application of the same regimes.
Article 50 of the Bill adds to the fourth paragraph of Article 28 of the Law on Tax on Attached Value, subparagraph (k) which states that "the sales of propane, butane and liquefied petroleum gas, for house use exclusively, their importation and the locations of Article 3 (c) of this Law, for the production of third parties", shall enter a DICODE equivalent.
That the reduction of the liquid of the added value tax (VAT), is limited exclusively to sales that are for home use. This limitation, by not being extended to the entire chain of circulation of the product, would in fact annul the concession of profit, so it is encouraged to observe the expression: "for house use exclusively".
That with the observation proposed, it is clear that the reduction of the Attached Value Tax (VAT) will fall into the entire chain of circulation of the product and that it will be possible, in this way, that the provision of LPG can be made on the basis of an Alicuota of the Attached Value Tax (VAT) of the DIEZ COMA CINCO FOR SCIENTO (10.5%), and that such benefit reaches the consumer.
That the proposed observations do not alter the spirit or unity of the project sanctioned by the HONORABLE CONGRESS OF NATION.
That this measure is dictated in the use of the powers conferred on the NATIONAL EXECUTIVE POWER, by Article 80 of the NATIONAL CONSTITUTION.
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION IN GENERAL AGREEMENT OF MINISTERS
RIGHT:
Article 1 Note in Article 5 of the Draft Law registered under No. 26.020, the expression: "Determined in Article 3o participant". Art. 2° Note, in the third paragraph of Article 12 of the Bill registered under No. 26.020, the expression: "I am the owners of the packaging". Art. 3rd Note, in the second paragraph of Article 13 of the Draft Law registered under No. 26.020, the expression: " copiespropios y de todos losŭs". Art. 4° Note, in Article 14 of the Bill registered under No. 26.020, the section of the heading that reads "wise: ownership and identification" and the second paragraph, which reads: "The ownership of the containers is governed by the rules of the Civil Code." Art. 5° Note, in the second paragraph of Article 18 of the Bill registered under No. 26.020, the expression "fulficha de filleddo,️". Art. 6° Note the second paragraph of Article 21 of the Bill registered under No. 26.020. Art. 7° Note Article 37 (c) of the Bill registered under No. 26.020. Art. 8° Note, in Article 50 of the Bill registered under No. 26.020, which adds section 28 (k) to the fourth paragraph of the Law on Taxation of Value Added, the expression: "fit to use domiciliario exclusively, gift". Art. 9° With the salvedades established in the preceding articles, please fill in, promute and tengase by the National Law, the Bill registered under No. 26.020. Art. 10. Note the HONORABLE CONGRESS OF NATION. Art. 11. Contact, post, give to the National Directorate of the Official Register and archvese. . KIRCHNER. . Alberto A. Fernández. . Julio M. De Vido. Aníbal D. Fernández. . José J. B. Pampuro. . Carlos A. Tomada. . Horacio D. Rosatti. . Daniel F. Filmus. . Ginés M. González García. . Alicia M. Kirchner.