LAW 1753 OF 2015

(June 9)

Official Journal No. 49.538 of 9 June 2015

CONGRESS OF THE REPUBLIC

For which the 2014-2018 National Development Plan is issued "All for a new country".

THE CONGRESS OF THE REPUBLIC OF COLOMBIA

DECRETA:

TITLE I.

GENERAL PROVISIONS.

ARTICLE 1o. OBJECTIVES OF THE NATIONAL DEVELOPMENT PLAN. The 2014-2018 National Development Plan "All for a New Country", which is issued through this law, aims to build a peace, equitable and educated Colombia, in harmony with the National Government purposes, with international best practices and standards, and with the long-term planning vision envisaged by sustainable development goals.

ARTICLE 2o. PART INTEGRAL OF THIS ACT. The document entitled "Bases of the 2014-2018 National Development Plan: All by a New Country", prepared by the national government with the participation of the High Council of the Judiciary and the National Council of Planning, with the modifications made in the legislative process, is an integral part of the National Development Plan and is incorporated into this law as an annex.

ARTICLE 3o. PILLARS OF THE NATIONAL DEVELOPMENT PLAN. The National Development Plan is based on the following three pillars:

1. Peace. The Plan reflects the Government's political will to build a sustainable peace under an effective exercise of rights.

2. Equity. The Plan contemplates a comprehensive human development vision in a society with opportunities for all.

3. Education. The Plan assumes education as the most powerful instrument of social equality and economic growth in the long term, with a vision aimed at closing gaps in access and quality to the education system, among individuals, population groups and between regions, bringing the country closer to high international standards and achieving equal opportunities for all citizens.

ARTICLE 4. CROSS-SECTIONAL AND REGIONAL STRATEGIES. For the consolidation of the three Pillars described in the previous article and the transformation to a new country, the 2014-2018 National Development Plan will incorporate cross-cutting strategies:

1. Competitiveness and strategic infrastructure

2. Social mobility

3. Transformation of the field

4. Security, Justice and Democracy for Peace Building

5. Good governance

6. Green growth

In the same way, the following regional strategies will be incorporated, in order to establish priorities for territorial management and promote their development:

-- Caribbean: Prosperous, equitable and without extreme poverty.

-- Coffee and Antioch Axis: Innovative human capital in inclusive territories.

-- The Central and Eastern Capital of Bogota: Connectivity for the integration and sustainable productive development of the region.

-- Pacific: Socio-economic development with equity, integration and environmental sustainability.

-- Eastern Plains: Environment, agribusiness and human development: for growth and well-being.

-- Amazon South Center: Land of opportunities and peace: development of the field and environmental conservation.

Transversal strategies that can be applied in accordance with current regulations will cover Colombians living abroad.

TITLE II.

INVESTMENT PLAN AND MULTI-ANNUAL BUDGETS.

ARTICLE 5o. NATIONAL PUBLIC INVESTMENT PLAN 2015 -2018. The 2015-2018 National Public Investment Plan is estimated at a value of seven hundred three-times nine ($703, 9) trillion, at constant pesos in 2014, funded as follows:

Cross-sectional Strategies and Objectives

Investment Plan 2015-2018

Figures in millions of pesos in 2014

Strategy	Funding
		Central			E.	Private	SGP	SGR	TOTAL
	Competitiveness and strategic infrastructure	40.442,775	3.00.731	10.299.194	121.296.836	3.403.565	10.601,843	189.047.971
-energy development for regional equity	8.944,717	1.683,814	1.019.537	65.731.739	380.634	743.173	78,503,614
Productive development ICT as a platform for equity, education and competitiveness	4,815,257. 3.691.150	570.231 176.805	2,510.940 193,797	35,088 18.165,658	26,171	313,250 28.171	8.270.936 22.255.580
Science, Technology and Innovation	1.728.143			12.887.423	2.587.402		17.202.968
Infrastructure and logistics and transport services for territorial integration	21.263.509	572,881	6.574.921	24.476,955	2.996.760	6.929.847	62,814,873
Mode	66.332.633	92,790	32.563.735	83.493.159	121.313.669	6.641.594	310.437.580
gaps in access and quality of education. Drive "Mable and Sustainable Cities for Equity"	30.123.367 6,928.939	92,790	21.638.911 1.259.795	491,086 72.204,616	79.534.850 7.945.547	4.700.286 1.028.327	136.581.289 89.367.224
Minimos strengthening the capacities of the population in extreme poverty	15.362.027	5.671.062		5.110.176		290.519	26.433.784
Alternative for Quality Employment and Assurance	95.102					100.707	195.809
health conditions	13.823.197	3.993.967		10.797.457	28.723.097	521.754	57.859.473
	Field	10.297.362	966,708		35,528.492	878.079	1.600.933	49.271.574
poverty and extending the rural middle class	2,518.482	34,612		28.605		547.444	3.129.143
rural competitiveness	5.165.195	932.096		35.528.492	849.474	309.255	42.784.512
strengthening of the territorial presence	241,057					241,057
Ordering rural territory and access to land by rural people	768,787					84,958	853,745
the urban-rural gaps and laying the foundations for social mobility	1.603.841					659,276	2.263.116
, Justice and Democracy for Peace	129.599.961	151,442	2.631.619	406.272	4.310.575	316.666	137.416.535
Prstation, administration, and access to justice services	24.035.974	1.765.913		406.272	2,681		26.210.839
transition mechanisms to peace	1.420,948					14,857	1.435.805
the cash enjoyment of victims ' rights	7.734,691	143.308		587,353		39.472	8.504,824
Promotion, Respect and Protection of Human Rights	1.217.113	103	1,742	211	1.219.170
Security and defense in the national territory	91.226.355	151,442	126.543	2,131,989	100.720	93.737.048
Facing the Drug Problem	365.443					30,560	396.00
Criminal policy with restorative approach	3.581.128	595,752		1.589.491		128.164	5.894.535
Integral Action against Anti-Personnel Mines	18.310					18.310
Good	7.638.749	190.817	203.136		197,926		8.230.629
corruption, transparency and accountability. Optimal management of information Efficiency and administrative efficiency	1.394.390 1.650.849 2.455.860	21.466 169.351			203.136	127,720 5,098	1.522.110 1.677.414 2.828.347
strengthened Territory Nation Articulation	1.665.109					27,732	1.692.841
and securing national interests	374.459					1.155	375,614
Optimal management of public resource management	93,751					36.220	129,971
Strengthening the Finance Sector	4.332					4,332
	Green Growth	4.371,652	1.414.565		2.895.407		849.352	9.530.975
towards sustainable, low-carbon growth	4,341	498,385		162,546		22.183	687.454
resilient growth and reducing vulnerability to disaster and climate change risks	3.490.938	755		1.580.917	47,039	5.119.649
and ensuring the sustainable use of natural capital and improving environmental quality	876.373	915,425		1.151.943	780.130	3.723.782
		258.683.133	3.438.780	47.875.821	240.927,922	132.801.295	20.208.313	703.935,263

SGP (General System of Participations), SGR (General System of Royalties).

PARAGRAFO 1o. The resources identified as sources of territorial entities for the financing of the National Public Investment Plan 2015 -2018, corresponds to estimates of expenditure of the departmental levels, district and municipal in the framework of their autonomy, for the articulation of national policies, strategies and programs with the territorial, according to the mechanisms of execution defined in the present plan.

PARAGRAFO 2o. Approve as an integral part of the investment plan the document "Regionalization of the Multiannual Investment Plan" that is annexed to this law, which contains the main visionary projects, projects of strategic national interest and regional initiatives.

PARAGRAFO 3o. As an integral part of the Multi-Annual Investment Plan, the indicative projections agreed in the framework of the previous consultation, estimated for the indigenous peoples, are included in a transversal manner. (8) and eleven (11) billion pesos, considering the macroeconomic plan and the fiscal framework of the national government's Medium-Term Fiscal Framework, in accordance with all the sources of this Multiannual Investment Plan.

PARAGRAFO 4o. The resources of the General Budget of the Nation that are assigned to the black, Afro-Colombian, and the local communities and the palenqueras in the implementation of this National Development Plan cannot be In proportion to those allocated to the General Budget of the Nation in the period 2010-2014, and keeping the proportion to the ceilings assigned to it, in the Medium Term Fiscal Framework and Medium Term Spending Framework for the period 2014-2018 '.

ARTICLE 6o. FINANCIAL RESOURCES, MULTIANNUAL BUDGETS AND FISCAL CONSISTENCY OF THE NATIONAL PUBLIC INVESTMENT PLAN. The total value of the expenditure incurred for the implementation of this plan financed from the resources of the General Budget of the Nation, they will in no case exceed the amount of the resources available in accordance with the macroeconomic plan and the fiscal framework of the national government in harmony with the criterion of fiscal sustainability.

The goals set out in the 2015-2018 National Development Plan will be in line with the fiscal targets set in the Medium Term Fiscal Framework, in the Medium Term Spending Framework, and the General Budget of the Nation approved for each year. effective, as noted in Articles 4or 5or Law 1473 of 2011.

TITLE III.

MECHANISMS FOR PLAN EXECUTION.

CHAPTER I.

COMPETITIVENESS AND STRATEGIC INFRASTRUCTURE.

ARTICLE 7o. STRATEGIC AGREEMENTS ON SCIENCE, TECHNOLOGY AND INNOVATION. Colciencias, in coordination with the National Department of Planning, the departments and the Capital District, will structure strategic plans and agreements in science, Technology and Innovation, to which the projects to be submitted to the Collegiate Authority of Administration and Decision of the Fund of Science, Technology and Innovation of the General System of Royalties will be adjusted.

For the purposes of this article, the participation of the other actors in the System of Competitiveness, Science, Technology and Innovation can be counted.

ARTICLE 8o. CUSTOMS OPERATIONS ON SPECIALIZED LOGISTIC INFRASTRUCTURES. In the Specialized Logistics Infrastructures (ILE), the customs operations defined by the DIAN may be carried out, so that these infrastructures are integrated into the Logistical corridors of strategic importance and facilitate foreign trade by taking advantage of intermodality for the movement of goods to and from ports of origin or destination.

ARTICLE 9o. ELECTRONIC INVOICE REGISTRATION. Create the Electronic Invoice Register, which will be administered by the Ministry of Commerce, Industry and Tourism. This register shall include electronic invoices which are considered to be the title of the national territory and shall allow for the consultation of such information. It will also allow the traceability of such electronic invoices, under the necessary standards for the control of the laundering of assets and will guarantee compliance with the principles of uniqueness, authenticity, integrity and non-repudiation of the electronic invoice.

The national government will regulate the implementation of the single register.

PARAGRAFO 1o. The Ministry of Commerce, Industry and Tourism may contract with third parties the administration of this registry. The Ministry of Trade, Industry and Tourism by resolution shall establish the conditions and requirements to be met by the contractor.

PARAGRAFO 2o. The administrative costs of this registry will be funded by a consideration in favor of the administrator and by whom the information is consulted by the person requesting the registration of the transfer. requesting the issue of certificates on the existence of the title and its ownership for the purposes of the execution of electronic invoices, inter alia, to be determined by the Ministry of Trade, Industry and Tourism, taking as reference to the costs of administration and investment required for the operation, maintenance and continuity of service. The amount of this consideration will be updated annually.

ARTICLE 10. INTELLECTUAL PROPERTY RIGHTS FOR RESEARCH AND DEVELOPMENT PROJECTS FUNDED BY PUBLIC RESOURCES. In the case of research and development projects in science, technology and innovation and information technology, and communications, advanced with public resources, the State may assign free of charge, except for reasons of national security and defense, the intellectual property rights that correspond to it, and authorize its transfer, marketing and exploitation to which the project is carried out and implemented, without any damage patrimonial to the state. The conditions of this transfer will be fixed in the respective contract and in any case the State reserves the right to obtain a non-exclusive and free license of these intellectual property rights for reasons of national interest.

PARAGRAFO. The national government shall regulate this matter within a period not exceeding one (1) year counted from the time of this law.

ARTICLE 11. PRODUCTIVE TRANSFORMATION PROGRAM (PTP). amend Article 50 of Law 1450 of 2011, which will be as follows:

"Article 50. Productive Transformation Program (PTP). The Productive Transformation Program will aim at the implementation of public-private strategies and the use of comparative advantages for the improvement in productivity and competitiveness of the industry, in the framework of the Productive Development Policy of the Ministry of Commerce, Industry and Tourism, which will be able to allocate resources from the Ministry of Commerce, Industry and Tourism, International Development Organizations, international cooperation agreements, agreements with private organisations, agreements with local authorities and transfers from other public entities of national and regional nature. This program will be an autonomous patrimony with private regime administered by the Banco de Comercio Exterior S.A. (Bancoldex) ".

ARTICLE 12. SCIENTIFIC, TECHNOLOGICAL AND INNOVATION PARKS (PCTI). For the purpose of promoting the transfer of knowledge, the transfer and marketing of technology, and the establishment of collaboration links between the various actors of the National System of Competitiveness, Science, Technology and Innovation, among others, within the eight (8) months following the issuance of this law, Colciencias, the Ministry of Commerce, Industry and Tourism, and the National Department of Planning, developing a strategy for the promotion of Scientific Parks, Technological and Innovation (PCTI) in the Colombian territory, understood as special geographical areas aimed at promoting innovation based on scientific and technological knowledge and to contribute to business productivity and Regional competitiveness. They will also define the mechanisms to attract highly qualified personnel and public and private investment, as well as the criteria for structuring the PCTI in the framework of the Science, Technology and Innovation Fund of the General System of Royalties.

For the purpose, Colciencias will determine the requirements and conditions to be met by specialized organizations in charge of managing PCTIs.

PARAGRAFO. In the review and adjustment processes of the territorial planning plans, the land destined for the location of Scientific, Technological and Innovation Parks (PCTI) will be determined on the ground urban, urban and rural expansion.

ARTICLE 13. MODERNIZATION AND INNOVATION FUND FOR MICRO, SMALL AND MEDIUM-SIZED ENTERPRISES AND DEVELOPMENT AND INNOVATION UNIT. Unifiquense in a single autonomous heritage the Modernization and Innovation Fund for Micro, Small and Medium Enterprises and the Business Development Unit, created by Laws 590 of 2000 and Law 1450 of 2011. This autonomous patrimony will be governed by private law, and will be administered by the Banco de Comercio Exterior S.A. (Bancoldex), in accordance with the guidelines set by the national government through public policy that the Ministry of Commerce, Industry and Tourism will define for the purpose.

The resources that will integrate the autonomous heritage are as follows:

1. Resources from the General Budget of the Nation.

2. Resources provided by national, territorial or private entities through agreements or transfers.

3. Donations.

4. National or international cooperation resources.

5. Financial returns generated by the delivered resources, which will be reinvested in full right in the vehicle.

6. The profits of the Banco de Comercio Exterior (Bancoldex), prior authorization of the Conpes.

7. Any other resources that you obtain or are assigned to any title.

The operating and administrative expenses incurred by the operation of this estate will be reintegrated into Bancoldex.

ARTICLE 14. FUNTIONS OF BANCOLDEX. Add literal i) to article 282 of Decree 663 of 1993, which will remain so:

"Item 282. Bank Functions. The Bank will perform the following functions: (...)

i) Act as a structurator, manager and/or investor in investment vehicles that have the nature of seed capital, venture capital or private equity, or in funds that invest in such funds. These fund funds shall allocate at least two thirds of their resources to private equity, seed or enterprising funds.

PARAGRAFO. The provisions of this article do not refer to the operating conditions of the Undertake Fund, which will continue to be governed by the provisions of Article 40 of Law 789 of 2002 and other relevant rules. '

ARTICLE 15. FUND HAS TO DEAL WITH PENSION LIABILITIES IN THE HOTEL SECTOR. Create a fund as a merchant fiducia, whose company will be the Ministry of Finance and Public Credit. Its purpose shall be the financing and payment of the employment and pension liabilities of the hotel sector, which shall meet the following conditions at the date of issue of this law:

1. That the buildings in which the hotel activities are developed have been declared of cultural interest.

2. That the properties have been delivered to the Nation as a result of a domain extinction process.

3. May the Nation as a new owner deliver them in concession or under any private public association scheme.

This fund will have the following resource sources:

1. The resources to be transferred to it by the concessionaire or administrator of the buildings, originating in the consideration for the concession or management of the buildings and which shall be exclusively intended for the payment of the employment liability and pension until the final cancellation, at which time they can be used for the other purposes set out in the law.

2. Borrowing resources to meet in a timely manner the obligations for the payment of the employment and pension liabilities.

3. The donations you receive.

4. The financial returns generated by the investment of the previous resources.

5.

PARAGRAFO.

ARTICLE 16. LEGAL METROLOGY INFORMATION SYSTEM AND CERTIFICATE OF CONFORMITY SYSTEM. Create the Legal Metrology Information System (Simel), administered by the Industry and Commerce Superintendence, in which the producers and importers, repairers and users or holders of measurement instruments subject to metrological control. The Superintendence of Industry and Commerce shall, by means of administrative act, designate the Authorised Metrological Verification Bodies (OAVM), the geographical areas in which they shall act exclusively, the measuring instruments to be verified.

Each verification of the OAVM will result in the payment of a right by the applicants according to the amounts established annually by the Superintendence of Industry and Commerce, and in whose fixation it will take into account the recovery of the costs involved, corresponding to materials, inputs, supplies, personnel, transfer and all those that directly affect the development of the activity. In the case of a user who holds a measuring instrument subject to metrological control, prevents, obstructs or does not cancel the costs of the verification of the instrument, the immediate suspension of its use shall be ordered until it is carried out. verification, without prejudice to the penalties provided for in Article 61 of Law 1480 of 2011. The Superintendence of Industry and Commerce will determine the graduality with which the system is implemented, both territorially and the measuring instruments that will be incorporated into the System.

Also create the Certificate of Conformity Information System (Sienring), administered by the Superintendence of Industry and Commerce, in which the certification and inspection bodies accredited by the national agency of Accreditation shall record all certificates of conformity issued in respect of products subject to compliance with technical regulations monitored by such superintendence. The Superintendence of Industry and Commerce will regulate the system.

PARAGRAFO 1o. The Legal Metrology and Certificate System Information System will be articulated to the national coordination of scientific and industrial metrology, and other functions and functions led by the National Institute of Metrology or who does its own times, and will contribute to the formulation of policies in metrological matters.

PARAGRAFO 2o. The Legal Metrology and Certificate System Information System will support the National Metrology Institute's function to provide calibration services to the measurement patterns of the laboratories, research centres, industry or other stakeholders, where this is requested in accordance with the fees laid down by the law for the purpose.

ARTICLE 17. ELECTRICITY AND GAS SUBSIDIES. The subsidies provided for in Article 3or Law 1117 of 2006, extended in turn by Article 1or Law 1428 of 2010 and by the Article 76or Law 1739 of 2014, are extended, at most, until December 31, 2018.

ARTICLE 18. SPECIAL CONDITIONS FOR THE PROVISION OF SERVICE IN AREAS OF DIFFICULT ACCESS. The Committee on Energy and Gas Regulation (CREG) will lay down special conditions for the provision of service to users located in areas of difficult access within the The National Interconnected System, which allows to increase the coverage, decrease the marketing costs and mitigate the portfolio risk, such as the demand for prepaid meters, remote suspension systems, billing by means of the flexible consumption and cycles of billing, measurement and collection, among other schemes.

The difficult access areas covered by this article are different from the Special Zones established by Law 812 of 2003, Rural Areas of Lesser Development, Areas of Difficult Management and Barrios Subnormal.

The national government will define differential schemes for the provision of aqueduct, sewerage and toilet services in rural areas, areas of difficult access, areas of difficult management and areas of benefit, in which The standards of efficiency, coverage and quality established in the law cannot be met.

The Water and Basic Sanitation Regulatory Commission (CRA) will develop the necessary regulation for differential schemes for the provision of aqueduct, sewer and toilet services provided for in this article.

ARTICLE 19. MECHANISMS FOR WORK UNDER THE AMPARO OF A TITLE IN SMALL MINING. They are mechanisms for work under the amparo of a mining title, the following:

1. Subcontract of mining formalization. Small-scale mining operators or small miners who are in advance of operating activities before 15 July 2013 in areas occupied by a mining title, subject to the authorisation of the competent mining authority, may subscribe to subcontracts for mining training with the mining operator to continue their exploitation.

The National Mining Authority will make the respective entry in the National Mining Registry in a term no greater than fifteen (15) working days following the approval of the subcontract of formalization by the mining authority competent.

The formalisation sub-contract shall be subscribed for for a period of not less than four (4) years which may be extended in succession.

The subscription of a subcontract of mining formalization does not imply the division or fractionation of the mining title in whose area the right to perform mining activities is granted. However, a differential and independent audit or audit work may be carried out to those who are beneficiaries of one of these subcontracts. The holder of the formalisation sub-contract shall process and obtain the relevant environmental licence. In the case where the mining title has such an instrument, it may be given in the terms of the law.

Authorized the subcontract of mining formalization, the subcontractor will have under its responsibility the totality of the obligations inherent to the exploitation of minerals within the area of the subcontract, as well as the sanctions derived from the regulatory or legal non-compliance. However, where the subject area of the formalisation sub-contract is covered by an environmental licence granted to the mining operator, it shall be responsible until a new environmental instrument is transferred or obtained for that area.

The mining operator will only be able to subscribe to subcontracts of mining formalization up to thirty (30%) percent of its mining title, and will be under the obligation to inform the Mining Authority of any anomaly in the execution of the subcontract, according to the rules for the purpose of issuing the national government.

2. Return of areas for mining training. Entiendase to return of areas for mining formalization, that carried out by the beneficiary of a mining title as a result of a mediation process carried out by the Ministry of Mines and Energy or the competent mining authority, or by direct decision of the latter, in order to contribute to the formalisation of the small miners who have carried out their exploitation in that area or to the relocation of those who are in an area other than the area returned, and who require it due to environmental or social restrictions that are present in the place where they are exercising their tasks.

In the case of relocation, the small miners must process and obtain prior to the start of the activities of the respective mining title and the corresponding environmental license, in accordance with the current regulations. In the event of failure to obtain such authorizations the area shall be released to be granted by the ordinary regime.

Beneficiaries of mining titles will be able to return areas for formalization, at any stage of the title, however, in the exploration stage this return can only be performed as a result of a mediation process. The Mining Authority will immediately take the return of these areas.

The returned areas will be managed by the National Mining Authority for the development of mining formalization projects. If two (2) years from the date on which the return by the National Mining Authority has been accepted, the areas have not been allocated for the formalization of these will be released to be granted through the ordinary regime. The mining and environmental instruments for the development of small-scale mining activities in the areas under return, will be the mining title and the corresponding environmental license, in order to guarantee the rational exploitation of the resources and support the miners to formalize. The national government will regulate the matter, as well as the conditions for the acceptance of the return of areas for the purposes of formalization.

The Mining Authority will have a period of two (2) years counted from the issuance of this law to resolve the requests for de facto mining legalization and the traditional mining formalization applications that are currently in place. course.

PARAGRAFO 1o. While the small miners involved in this article obtain the respective environmental authorization, they must apply the environmental guidelines issued by the Ministry of Environment and Development. Sustainable, where there will be no place to proceed, with respect to the stakeholders, by the measure provided for in article 161 of Law 685 of 2001, without prejudice to the environmental administrative actions to be imposed by the competent environmental authorities in the event of damage environmental.

Likewise, the failure of the small miners to comply with this article in the implementation of the environmental guide will result in the termination of the formalization subcontract or the exclusion of the area.

PARAGRAFO 2o. When the activities of the small miners in the formalization process do not obtain the environmental or mining authorizations, they will be responsible for the restoration and recovery of the areas intervened by the formalization object activity.

PARAGRAFO 3o. No areas for mining formalization or subcontracts for formalization in the areas covered by Law 2 of 1959 may be established until the corresponding subtraction is obtained.

PARAGRAFO 4o. Environmental authorities to whom applications for environmental management and control instruments of small-scale mining activities have been submitted for mining titles and which have not been In accordance with the terms laid down in the procedures governing the matter, the official responsible for disciplinary disciplinary action for a serious misconduct shall be required to give an immediate and immediate opinion on the matter.

ARTICLE 20. RESERVE AREAS FOR MINING DEVELOPMENT. The reserve areas for mining development will be as follows:

Strategic Mining Reserve Areas: The National Mining Authority will determine the minerals of strategic interest for the country, in respect of which, based on the geoscientific information available, it will be able to delimit style="text-decoration: line-through; ">indefinitely special areas that are free.

These areas will be evaluated on their mining potential, for which they will have to advance mining geological surveys by the Colombian Geological Survey and/or third parties contracted by the National Mining Authority. On the basis of that assessment, this Authority shall select areas with high mining potential.

These areas will be granted by objective selection processing. In the terms of reference for this process, the National Mining Authority shall establish the minimum participation requirements, the rating factors, the special obligations of the concessionaire and may lay down the consideration additional minimum economic costs for royalties. No new proposals will be received on these areas, nor will mining concession contracts be signed. For these purposes the Mining Authority will have the collaboration of the Ministry of Environment and Sustainable Development.

The National Mining Authority will terminate the delimitation, when the assessed areas are not selected, in which case they will be free to be granted through the ordinary regime of the Mining Code. Where no tender or offeror is present, the National Mining Authority may maintain the delimitation for a future selection process, without prejudice to the future selection process.

The national government will regulate the matter to be referred to earlier incites. In the Special Contracts for Exploration and Exploitation arising from these delimitations, additional or different rules and special obligations may be established than those laid down in the Mining Code.

Reserve areas for formalization: The National Mining Authority will be able to delimit areas of the Strategic Mining Reserve for the formalization of small miners, on free areas or those that are delivered through the return figure. areas for mining formalization.

Reserve Areas for Mining-Energy Development: The Ministry of Mines and Energy will delimit the strategic zones for mineral-energy development in a term not greater than twelve (12) months, counted from the entry into force of the present law. These zones are declared for a term of two (2) years extendable for the same term and their objective is to allow the orderly management of the non-renewable natural resources by the maximization of the use of the resources adjusting to the internationally accepted best practices.

These areas will not receive any new proposals or sign up for coal mining concession contracts. The above in order for these areas to be granted by the relevant authority through an objective selection process, in which the terms of reference will be established by that authority.

In cases of overlays of areas between non-conventional fields and mining titles, under an operational agreement, the National Mining Authority will authorize the suspension of mining titles without affecting contractual time.

In the face of the suspension of the mining title due to the causal causal link, the mining operator may request the modification of the instrument of environmental control, including a chapter of temporary closure. The environmental authority shall process such modification.

It will not be possible to be areas of reserves for mining development in the areas defined as moors and wetlands.

PARAGRAFO 1o. The mining strategic areas created on the basis of Article 108 of Law 1450 of 2011 will remain in force but will be subject to the regime provided for in the present Article.

PARAGRAFO 2o. No reservation areas for mining development in exclusion zones may be declared in accordance with the provisions of the current regulations.

ARTICLE 21. MINING CLASSIFICATION. For the purpose of implementing a differentiated public policy, mining activities will be classified in subsistence, small, medium and large mining. The national government shall define and establish the requirements taking into account the number of hectares and/or the production of the mining units according to the type of mineral. For the scan only the hectares will be taken into account.

PARAGRAFO. As of the entry into force of this law, the National Mining Authority may adopt a grid system to delimit the area covered by the mining concession contracts, which will be unique and continues. It may also adapt to the system of grids the mining titles granted before the entry into force of this law, in case the beneficiary of the latter so decides.

ARTICLE 22. ECONOMIC CAPACITY AND SOCIAL MANAGEMENT. The National Mining Authority for the granting of mining titles and transfers of rights and areas will require interested parties to credit the economic capacity for exploration, exploitation, development and execution of the mining project.

In the concession contracts signed by the National Mining Authority as of the validity of this law, it must include the obligation of the concessionaire to develop and implement Social Management Plans that contain the programs, projects and activities to be determined by the Mining Authority in accordance with the scale of production and technical and economic capacity of the operators. Verification of compliance with this obligation by the Mining Authority shall be part of the audit process and may be financed from the same sources.

PARAGRAFO. The economic capacity in this article does not apply to the concession contract proposals submitted prior to the entry into force of this law.

MINMINAS 65625 Concept of 2016

ARTICLE 23. INTEGRATION OF AREAS. Add a paragraph to Article 101 of Law 685 of 2001, which will be as follows:

"Paragraph. In the event of an application by the beneficiary of a mining title of any regime or modality the integration of areas, such as these are not neighbouring or adjoining, but belonging to the same field, the National Mining Authority may proceed with their integration, in which case they may agree on new contractual requirements and agree on additional consideration other than royalties. The national government will regulate the matter.

In no case will the requested integration result in any extension to the mining titles. "

ARTICLE 24. MINE CLOSURE. The national government shall establish the environmental, technical, financial, social and other conditions to be observed by the mining operator at the time of the execution of the mine closure and abandonment plan, including of resources for this purpose and/or their guarantees. Additionally, the procedure for the approval of the said plan and the fulfilment of this obligation will be established.

PARAGRAFO 1o. The closure and abandonment plan must be set from the operating stage including the build and mount stage. This obligation extends to holders of temporary authorisations.

PARAGRAFO 2o. The national government must establish and lead the implementation of a comprehensive strategy for the identification, attention and environmental remediation of mining areas in a situation of abandonment or affected by the illicit extraction of minerals, especially those that represent a serious environmental impact, a risk to people, their assets and activities, and vital line infrastructure.

ARTICLE 25. SANCTIONS IN THE DISTRIBUTION OF FUELS. The agents of the chain of distribution of liquid fuels and biofuels that violate the rules on the operation of the public service that provide such agents, or that do not comply with the Orders of the Ministry of Mines and Energy in particular, shall be subject to the imposition of the following sanctions, according to the conduct: (a) a fine of 10 (10) to two thousand (2,000) minimum monthly legal wages in force; (b) suspension of service between 10 (10) and ninety (90) calendar days and blocking of the Sicom code; (c) cancellation of authorization and blocking of the code Sicom; (d) permanent administrative confiscation.

PARAGRAFO 1o. The Ministry of Mines and Energy or the delegated authority shall, as a preventive measure within the sanctioning procedure, suspend the activity of the distribution chain where it can If the activity is carried out without the full of the requirements, permits or authorizations for its operation, for which it will proceed to block the code Sicom. The above, in order to protect, prevent or prevent the occurrence of a fact, performance and/or harm that atents to the life, the integrity of the persons, the safety, the environment or superior legal interests.

PARAGRAFO 2o. Police authorities at the municipal level will be able to make the temporary seizures of products, elements, means or implements used to commit the infringement to the rules governing the chain of distribution of liquid fuels and biofuels. From the above, it shall inform the Ministry of Mines and Energy or the competent authority for the purpose of initiating the administrative procedures that are applicable.

ARTICLE 26. FINES IN THE HYDROCARBON SECTOR. Amend Article 67 of Decree No. 1056 of 1953, which will be as follows:

"Article 67. The Ministry of Mines and Energy will be able to impose administrative fines between two thousand (2,000) and one hundred thousand (100,000) minimum monthly legal salaries in force (smmlv), in each case, for non-compliance with the obligations established in the The Code of Petroleum, where the non-compliance must not produce expiration of contracts or cancellation of permits, or when the Government prefers to opt for this sanction and not to declare the expiration in the relevant cases of the following article ".

ARTICLE 27. CANON JOURNAL. Amend article 230 of Law 685 of 2001, which will remain so:

"Article 230. Superficial Canon. The shallower fee will be paid annually and in advance, over the entire mining concession area during the exploration stage, according to the following values and periods:

Number of hectares	0 to 5 years	More than 5 * * years up to 8 years	More than 8 * * years until 11 years
SMDLV/h *	SMDLV/h	SMDLV/h
0 -150	0.5	0.75	1
151-5,000	0.75	1.25	2
5.001-10,000	1.0	1.75	2

* Current minimum daily legal salary/hectare.

** After the year plus one day (5 A + 1 D, 8 A + 1 D).

These values are compatible with royalties and constitute a consideration that will be charged by the contracting authority without regard to whoever has the ownership or possession of the land of location of the contract.

For the construction and mounting or additional scan stages, if there is a place, the value equivalent to the last paid royalty during the scan stage will continue to be cancelled.

ARTICLE 28. National Hydrocarbons Agency, as the responsible for the integral administration of the reserves and resources of hydrocarbons owned by the nation, will adopt general rules according to which Exploration and exploitation contracts may be adapted or adjusted, and contracts for technical evaluation in the economic field, without under any circumstances the investment commitments initially agreed may be reduced.

The above, for the purpose of dealing with adverse situations of falling international prices of hydrocarbons, in production levels, levels of reserve, with the purpose of mitigating the negative effects of these phenomena in the national economy and public finances.

The contracts and modifications agreed by the developing parties to the contracts for the exploration and production of hydrocarbons and technical evaluation will be public, including the clauses related to the commitments in respect of the social investment, benefit programs to the communities, as well as investments in environmental matters, except in those aspects that are subject to legal reserve or are contractually protected by confidentiality, according to the Constitution and the law.

ARTICLE 29. PROMOTION TO INCREMENTAL PRODUCTION PROJECTS. All incremental production projects shall be beneficiaries of the provisions set out in paragraph 3 of Article 16 of Law 756 of 2002, for which must obtain prior approval of the project by the Ministry of Mines and Energy, or who will do its own times in the field of taxation. Incremental production projects shall mean those that incorporate new recoverable reserves as a result of additional investments that are made as of the date of enactment of this law, and which are found to be aimed at increasing the recovery factor for existing fields.

ARTICLE 30. DETERMINATION OF FEES AND CHARGES FOR SERVICES PROVIDED BY THE SUPPORT AGENCIES. amend Article 20 of Law 1702 of 2013, which will be as follows:

"Article 20. Determination of rates for services provided by support agencies. The Ministry of Transport shall define by resolution, within a period not exceeding ninety (90) days from the entry into force of this law, the conditions, security features and the price range to the user within Of which the services provided by the Centers for Automotive Education, the Recognition and Evaluation of Drivers, the Automotive Diagnostics, and those carrying out the theoretical-practical test for obtaining licenses driving expressed in current minimum wages. A study of direct and indirect costs will be carried out considering the particularities, infrastructure and requirements of each service for the fixing of the tariff. For the determination of the values that for each service should be transferred to the National Road Safety Fund, the following procedure shall apply:

1. The value of the budget of the National Road Safety Agency shall be taken in the immediately preceding year, certified by the budget officer.

2. The number of services accumulated over the same period will be defined by the four (4) groups of support bodies (Car Centres, the Driver Recognition, the Automotive Diagnostics and those carrying out the test). theoretical-practice for obtaining driving licenses), dividing the value of the numeral precedent in the number of services.

3. The product of splitting the operation will be based on the individual calculation of each rate.

4. The final rate of each service shall correspond to the individual calculation multiplied by numerical factors less than one (1) depending on the membership of each user or their vehicle (in the case of the Automotive Diagnostics Centres). risk based on criteria such as age, type of license, vehicle class, service or others to estimate the risk of accident, taken on the basis of official statistics on deceased and injured persons. Factors will be increasing or decreasing depending on the largest or smaller share of accidents, respectively.

5. Once the value of the individual rate is defined, the rate will be accumulated to the rate value for each service.

In no case will the final rate to the user be able to exceed half (0.5) daily minimum wage in the rates charged by the Centers for the Recognition of Drivers, of Automotive Diagnostics and those who carry out the theoretical-practical test for obtaining driving licences and one (1) daily minimum wage in the Car Centres.

The corresponding percentage will be determined to be turned to the National Road Safety Fund and the part that will be allocated as remuneration for the support agencies that this article is dealing with.

PARAGRAFO 1o. The National Road Safety Agency, in charge of the resources referred to in this Article and the other revenue of the National Road Safety Fund, may support the transit authorities which require intervention based on their road safety indicators, as well as the National Police through agreements that will have as their object, both institutional strengthening actions, and preventive and control actions, including, when the use of detection devices for those traffic offences that they generate increased risk of accident.

PARAGRAFO 2o. The National Road Safety Agency will transfer to the National Institute of Legal Medicine and Forensic Sciences, one comma five (1.5) current statutory minimum wages (smmlv) for every medical necropsy The law, registered in the previous month for cause or for the occasion of traffic accidents, once referred to the information of deaths and injuries under the conditions of report set by the Ministry of Transport. The securities shall be intended for the financing of legal and information medical activities related to accidents and events of transit. "

ARTICLE 31. FINANCING OF TRANSPORT SYSTEMS. Amend Article 14 of Law 86 of 1989, which will be as follows:

"Article 14. Transport systems must be sustainable. For this purpose, the fees charged for the provision of the public passenger transport service, added to other sources of financing of territorial origin if any, shall be sufficient to cover the costs of operation, administration, maintenance, and replacement of equipment. In no case will the national government be able to make transfers to cover these costs. The above, without prejudice to territorial entities and/or the national government, within the Medium Term Spending Framework, in cases where they co-finance these systems, can make investments in the pre-operational stage in infrastructure physical and partial initial or partial acquisition of rolling stock of subway systems or intercity passenger transport by encouraging the incorporation of clean technologies and accessibility of vehicles for people with mobility reduced, strategies for articulation and promotion of mobility in non-motorised means, as well as implementation of collection, information and fleet control systems that ensure the sustainability of the System. "

For the case of co-financing of metro systems, the Trust will be able to authorize future vigencies up to the project debt service deadline in accordance with Law 310 of 1996, within the limits of the annual authorizations to commit future vigencies established in Article 26 of Law 1508 of 2012.

ARTICLE 32. SUPPORT FOR TRANSPORT SYSTEMS. Amend article 132 of Law 1450 of 2011, which will remain so:

"Article 132. Support for Transportation Systems. The national government may support SITs, SETPs, SITs, SITs that are in operation, implementation and structuring, in accordance with the Medium Term Fiscal Framework and the provisions of Article 14 of Law 86 of 1989 and in the Law 310 of 1996. It will also be able to support the public transport solutions of passengers in urban, conurbated or regional areas that are integrated in the system of cities that are being structured, implemented or operating in the country, as long as understand actions aimed at increasing and regulating the use of non-motorised modes and clean energy (such as walking, cycling or tricycle, among others), integration with other modes and modes, especially in areas of last mile, and measures against illegality and informality.

PARAGRAFO 1o. For the purposes of this article, it is understood as: Integrated Mass Transport Systems (SITM) public transport solutions for municipalities or metropolitan areas with population superior to 600,000 inhabitants; Strategic Public Transport Systems (SETP), public transport solutions for municipalities or metropolitan areas with population between 600,000 and 250,000 inhabitants; Integrated Transport Systems Public (SITs), transport solutions that seek to provide coverage 100% of the demand for urban transport for municipalities or metropolitan areas where SITs have been implemented, and as Integrated Regional Transport Systems (SITR), the transport solutions of urban agglomerations or cities These are defined in the document Conpes 3819 of 21 October 2014 and which aim to consolidate the connectivity and complementarity of the labour market and services in these areas.

PARAGRAFO 2o. The national government will be able to support the financing of transport systems in other cities or regions of the country, structured in accordance with the needs of the city or region, provided that ensure the change of business scheme, coverage, efficiency, accessibility and sustainability, as well as the incorporation of collection, management and control of fleet technologies, information to the user, and the service levels as their articulation with other modes and modes of transport, once the study is evaluated and approved determines its strategic impact on the development of the region.

PARAGRAFO 3o. It is the duty of the local authorities, managers, operating and collection dealers, as well as the carriers of the transport service, to supply any type of information requested by the national government, which allows the evaluation of the technical, economic and financial conditions of the systems co-financed by the Nation.

PARAGRAFO 4o. In the projects co-financed by the Nation referred to in this article, the fuel for the operation of the fleet may be selected on equal terms of efficiency, has the lowest real and environmental cost. The above is conditional on the availability of the fuel and the viability of its marketing.

PARAGRAFO 5o. Transport terminals enabled by the Ministry of Transport will be included in the designs of the transport systems that this article treats as operational integration points and articulation of inter-municipal transport with urban transport. It may also be the providers of the network of transfer and header stations in the transport systems provided for in this paragraph. In no case may the charge be increased to the urban transport user to cover fees for the use of the terminals.

In any case, intermunicipal transport vehicles that cover medium and long distance routes must start and finish their journeys in the inter-municipal transport terminals that are enabled for this purpose.

PARAGRAFO 6o. The national government will promote models for mobility management in cities, where alternatives are envisaged to improve the quality of life, the efficient use of resources, the reduction of the of the time of travel, the promotion of clean transport and the use of technologies that contribute to the management of traffic. Within six (6) months following the issuance of this law, the national government shall regulate the luxury service within the individual passenger mode.

PARAGRAFO 7o. For the purpose of operationally integrating SITs, SITs SITs with complementary transport of cities and/or intermunicipal transport of short-distance passengers, authorities territorial, together with the Ministry of Transport as the case may be, will be able to promote mechanisms of organization among them, through instruments such as the commercial agreements or agreements of collaboration between companies that are duly enabled ".

ARTICLE 33. OTHER SOURCES OF FUNDING FOR TRANSPORT SYSTEMS. In order to contribute to the sustainability of transport systems and to have mechanisms for the management of demand, territorial entities will be able to determine, define and establishing new public and/or private funding resources to achieve the economic, environmental, social and institutional sustainability of the SITM, SETP, SITT and SITR systems, through the following mechanisms:

1. Stabilization funds and demand subsidy. In developing a policy of support and strengthening public transport in the cities of the country, the mayors of municipalities, districts or metropolitan areas, where public transport systems are implemented or are in operation, will be able to establish stabilization or tariff compensation funds, which cover the differential between the technical tariff and the tariff to the user. The above decision shall be taken by means of a municipal, district or metropolitan agreement, which shall be supported by a technical study showing that the stabilisation fund contributes to the sustainability of the system. Transport, in terms of economic efficiency, financial sustainability, efficiency in service delivery and expected impacts.

Such an administrative act shall describe the application of the fund or subsidy in such a way as to ensure its effectiveness, establish the indicators to assess the results of such a measure, contain the budget source and the guarantee of the permanence in the time of the resources that will finance the funds of stabilization or subsidy to the demand, with criteria of fiscal sustainability of the territorial entity. For the purpose, they must have prior concept of the municipal or district confis or the entity that does its times, in which it is indicated that the anchor is sustainable in time and is previewed in the Fiscal Framework of the Medium-Term of the entity territorial.

2. Contribution for the service of garages or parking areas for public use. When municipal or district mayors regulate the collection for the service of garages or parking areas for public use, including parking on track, the territorial entities that have a mass transit system, strategic, integrated or regional, in accordance with the competencies of the Municipal or District Councils, will be able to incorporate in the rates to the user of the parking lots, a contribution that encourages the use of the systems of public transport.

Users of the service shall be taxable persons on the premises of natural or legal persons who offer the parking of vehicles for consideration. The additional factor shall be calculated as follows: the taxable base shall be two (2) times the value of the average public transport service (SITM, SETP, SITT or SITR, as the case may be) in the municipality or district; this basis shall be multiplied by factors less than one (1) according to the criteria for the supply of public transport in the area, use of the service at peak hours and stratum of the predium. The contribution shall be charged in addition to the total value to the user by the service provider, who shall have the status of a holding agent. Bicycles and motorcycles with a cylinder capacity of 125 cm3 and lower are exempted from this.

3. Charges for congestion or pollution. Municipalities or districts larger than 300,000 inhabitants, in accordance with the competencies of municipal or district councils, will be able to set rates, different from the tolls established in Law 105 In 1993, for access to areas of high congestion, infrastructure built to avoid urban congestion, as well as pollution, based on regulations that the national government issues for the effect. The resources obtained by way of the fees adopted by the aforementioned territorial entities will be used to finance projects and programs of road infrastructure, public transport and environmental pollution mitigation programs. vehicle.

For fee collection purposes for each entry to areas of high congestion or built or improved routes to avoid urban congestion, the taxable person of such obligation shall be the driver and/or owner. The tariff shall be fixed taking into account the type of track, the type of service of the vehicle, the number of passengers and the months and days of the year and hours of use and the type of vehicle, according to the following classification: motorcycles, cars, campers and vans, and buses and trucks. In any case, a special tariff condition shall be given for motorcycles with a cylinder capacity of 125 cm3 and lower.

The taxable person of the fee for each entry into high-pollution areas will be the owner and/or driver of the vehicle and the fee will be determined in a gradual manner, taking into account the model of the vehicle, type of service, cylinder capacity, type of vehicle fuel and type of vehicle, according to the following classification: motorcycles; cars; campero and vans; buses and lorries.

Rates will be calculated as follows: the taxable base will be five (5) times the value of the average passenger service ticket (SITM, SETP, SITT or SITR, as the case may be) in the municipality or district; this basis will be multiplied by factors less than one (1) according to the criteria defined for congestion and pollution charges, respectively.

4. The Nation and its decentralized entities for services will be able to co-finance Private Public Partnership projects for the development of Urban Public Service Systems of Passenger Transportation or some of its components or units functional, with contributions of capital, in money or in kind. The Nation's co-financing may be up to 70% of the lowest value among the public resource disbursements requested for the execution of the project and the estimated value of the cost and the financing of the design, pre-construction and construction of the project.

The Ministry of Finance and Public Credit at the time of issuing its non-objection on financial conditions and contractual clauses, proposed by the competent entity that deals with article 26 of Law 1508 of 2012, will review compliance with the provisions of the previous paragraph, in relation to the co-financing of the Nation.

The co-financing resources referred to in this Article may not be used for the purchase of vehicles or rolling stock, with the exception of the projects of metro or rail transport systems of passengers.

5. In addition to the previous sources of financing, other sources may be used, such as valorization, an auction of urban standards, tools for capturing the value of the land and collection or contributions for additional buildability.

ARTICLE 34. SYSTEM OF COLLECTION AND SYSTEM OF MANAGEMENT AND CONTROL OF THE TRANSPORT FLEET. 2. The paragraph 1o, the paragraphs 3o and 5o, and add paragraph 6o to Article 134 of Law 1450 of 2011, which is thus left:

"Article 134. Collection System and Transportation Fleet Management and Control System. The transportation systems that are co-financed with the Nation's resources, will adopt a centralized collection system, as well as a fleet management and control system, which integrates the complementary and the mass, integrated, strategic or regional transport, using mechanisms to enable it, in particular in the collection system, the unified electronic payment mechanism and the compensation systems between operators, in accordance with the provided by the competent transport authority. "

(...) "Paragraph 3o. It is understood as a complementary transport subsystem the collective public transport system that meets the demand for public transport that does not cover the mass or strategic transport system. "

(...) "Paragraph 5o. In the Integrated Mass Transport Systems, neither the transport operators or undertakings, nor their economic partners, understood as such, in the cases provided for by the Articles 450 to 452 of the Tax Statute, can participate in the operation and administration of the collection system, except for Strategic Systems Public Transport, in which case the national government regulates the conditions of its participation, ensuring the legal stability of administrative acts issued for the entry into force of this law by territorial entities or when the Integrated Mass Transport System is operated by a public entity. The competent authority shall cancel the ratings for undertakings which are not integrated into the centralised collection system. "

(...) "Paragraph 6o. On SITs) (STP) SETP) (SITR) or other) the territorial entity or the managing body, may be the operator of the System of Control and Fleet Management System and the User Information System, provided that the technical structuring studies, legal and financial recommend it in attention to the reduction in operating costs of the system.

These studies will have to be endorsed by the Ministry of Transport. In any event, the legal stability of the administrative acts issued for the entry into force of this law by the territorial entities shall be guaranteed. "

ARTICLE 35. CONTINGENCY FUND AND TRANSFERS. The State Entities Contingency Fund created by Law 448 of 1998 is the mechanism of first instance authorized to meet the payment of obligations. quotas to be incurred by entities subject to the mandatory contractual contingency arrangements of the State, in the case of risks covered by this Fund. The Conpes will establish the guidelines for the alternative mechanisms valid for the attention of the contingent obligations.

PARAGRAFO 1o. The contingent obligations that are addressed by the Fund will maintain its nature and contingent condition, as long as they are approved in the respective contribution plan and up to the stipulated amount. in the latter, without its coverage being conditioned at the time of the implementation of the contributions to the Fund. In addition, the interest associated with the contingent obligations may be taken into account under the resources of the Contingency Fund, exclusively within the time limits established in each contract.

PARAGRAFO 2o. The trustee that manages the State Entities Contingency Fund may, upon request of the contributing entity, transfer resources from one to another risk, in order to address the contingent obligations. Such transfer shall have the prior approval of the contribution plan by the General Directorate of Public Credit and National Treasury of the Ministry of Finance and Public Credit, provided that it meets the following requirements: (i) where the reporting entity determines through the follow-up that the risk has been fully diminished, where the value to be transferred shall be 100% of the balance of the sub-account; or (ii) where the contributing entity determines through the monitoring that the risk has partially decreased, in which case the value to be transferred will be the excess of the balance in the sub-account.

In any case, the contributing entity will be solely responsible for the veracity and completeness of the information it provides to the General Directorate of Public Credit and National Treasury.

ARTICLE 36. SPECIAL SURVEILLANCE CONTRIBUTION FOR THE SUPERINTENDENCE OF PORTS AND TRANSPORT. Replace the surveillance fee provided for in Article 27 (2) of Law 1 of 1991 and extended by Article 89 of Law 1450 of 2011, for a special surveillance contribution in favor of the Superintendence of Ports and Transportation, to cover the costs and expenses occasioning its operation and investment, which must cancel annually all natural and/or legal persons who are subject to their supervision, inspection and/or control of agreement with the law or regulation.

The contribution will be set by the Ports and Transport Superintendence according to the following criteria:

1. The total of the contributions will correspond to the amount of the annual budget of operation and investment of the Superintendence of Ports and Transportation.

2. Based on the gross receipts derived from the transport activity that the supervised subject receives during the previous annual period, the Superintendence of Ports and Transport, by resolution, will establish the rate of the contribution to charge that it may not be more than zero comma two per cent (0.2%) of such gross receipts.

3. The contribution shall be cancelled annually, within the time limits for determining the Superintendence of Ports and Transport.

PARAGRAFO 1o. For the purposes of this Article, gross proceeds from the transport activity shall mean all those who are supervised by the transit-related activities, transport, its infrastructure or its related and complementary services, during the previous annual period, without subtracting the contributions, expenses, costs, taxes, discounts and deductions.

PARAGRAFO 2o. The rate of the contribution may be differential depending on whether the monitoring is integral, objective, or subjective.

PARAGRAFO 3o. Private service port concessionaires shall pay the special surveillance contribution taking into account as a settlement basis the figure resulting from multiplying the tonnes mobilised in the year immediately preceding the rate calculated annually by the Superintendence of Ports and Transportation for each type of cargo according to the methodology established in the port expansion plans and other concordant rules.

PARAGRAFO 4o. For the purpose of controlling the payment of the contribution here provided, the Superintendence of Ports and Transport will regulate the registration and registration of the port, maritime and river operators.

PARAGRAFO 5o. Dotese of legal status to the Superintendence of Ports and Transportation, which for all its effects will have the budgetary and financial regime applicable to the public establishments.

ARTICLE 37. RIGHT TO PAY IN APP PROJECTS. amend Article 5or Law 1508 of 2012, which will be as follows:

"Article 5o. Right to pay. The right to the collection of resources for the economic exploitation of the project, to receive disbursements of public resources or to any other remuneration, in projects of public-private partnership, will be conditioned to the availability of the infrastructure, compliance with service levels, and quality standards in the different functional units or stages of the project, and other requirements to be determined by the regulation.

PARAGRAFO 1o. In public-private partnership schemes, contributions in kind may be made by state entities. In any case, such contributions will not compute for the limit provided for in Articles 13, 17 and 18 of this law.

Local and regional governments will be able to apply surplus value for works resulting from public-private partnership projects.

PARAGRAFO 2o. In contracts to execute public-private partnership projects the right to pay for functional units may be agreed upon prior approval by the Ministry or the head of the sector or by whom their times at the territorial level, as long as:

a) The project is fully structured.

b) The project has been structured, contemplating functional units of infrastructure, whose execution could have been carried out and contracted independently and autonomously, and the remuneration will be conditional on the availability of the infrastructure and compliance with quality standards and service standards for the respective functional units.

(c) The other conditions defined by the national government, including the corresponding minimum amount of each functional unit.

PARAGRAFO 3o. Complementary to the provisions of the previous paragraph, in contracts to execute public-private partnership projects, the right to pay in stages, understood by stage, can be agreed of the successive phases in time, as defined in the contract, in which specific functional units are developed or improved, after approval by the Ministry or the head of the sector or who does its own times at the territorial level, provided that:

a) The project is fully structured.

(b) During the initial period of the contract all planned stages shall be executed.

c) The project has been structured in successive stages over time, in accordance with the needs of the service for which a specific scope is defined in the contract and its corresponding service levels and standards quality.

d) The remuneration of the private investor will be conditional on the availability of the infrastructure, to the compliance of quality standards of service.

e) The other conditions defined by the national government, among them the corresponding minimum amount of each stage.

PARAGRAFO 4o. In public-initiative public-private partnership projects of the national order, the competent state entity may recognize real property rights that are not required for the provision of the service for which the project was developed, as a component of the remuneration to the private investor.

The government will regulate the conditions under which the recognition of real and real estate rights will be realized, ensuring that its valuation is in line with its value in the market and the possibilities of exploitation. of the asset. In addition, the conditions that allow the private investor to receive the income from such economic exploitation or disposal, conditioned on the availability of the infrastructure and the performance of the infrastructure, will be included in such regulations. quality standards and agreed service levels.

PARAGRAFO 5o. In the event that in the public-private partnership project the state entity gives to the private investor an existing infrastructure under operating conditions, the state entity may agree to the the right to pay the costs of operating and maintaining this existing infrastructure, conditioned on its availability, compliance with the standards of service and quality standards.

PARAGRAFO 6o. In public-private partnership projects, functional units of sections of tunnels or railway tracks may be established, according to which only partial and standard availability of quality for the purposes of remuneration. The national government will regulate the matter. "

ARTICLE 38. PRIVATE INITIATIVES REQUIRING DISBURSEMENTS OF PUBLIC RESOURCES. Amend article 17 of Law 1508 of 2012, which will remain so:

"Article 17. Private initiatives that require disbursements of public resources. Lograd the agreement between the competent state entity and the originator of the initiative, but requiring the execution of the project disbursements of public resources, will open a public tender to select the contractor that will go ahead the project that the originator has proposed, selection process in which the one who presented the initiative will have a bonus in its rating between 3 and 10% on its initial qualification, depending on the size and complexity of the project, for to compensate for its previous activity, in the terms of the regulation.

In this class of public-private partnership projects, the resources of the General Budget of the Nation, of the territorial entities or of other public funds, will not be able to exceed 30% of the estimated investment budget of the project. In the case of road infrastructure projects, this percentage may not exceed 20% of the estimated investment budget of the project.

If the originator is not selected for the execution of the contract, the value that the competent public entity has determined, prior to the tender, as costs of the studies performed for the contract, must be received from the successful tenderer. structure of the project.

In all cases the competent state entity must comply with the requirements set out in Article 11, numerals 11.2 and following of this law. "

ARTICLE 39. STRENGTHENING THE DEVELOPMENT OF DIGITAL SOFTWARE, APPLICATIONS AND CONTENT WITH SOCIAL IMPACT. The Ministry of Information and Communications Technologies (MinTIC), through the Information Technology Fund and the Communications (Fontic), will support the creation of specific ICT plans for each sector, which will boost the development of applications and digital content with social focus, including multiplatforms, by Colombian companies.

Through the departures of the Television and Content Development Fund, which the National Television Authority (ANTV) will provide to public television channels, it will support the development of digital multimedia content. the beneficiaries established by the rules in force.

ARTICLE 40. DEFINITION OF A REGULATORY BROADBAND PATH. The Communications Regulatory Commission (CRC) should establish a growth path for the long-term regulatory definition of broadband. Such a path should establish the route and deadlines for closing the gaps between the country's standards and the average of the Organization for Economic Cooperation and Development, including standards for high and very high standards. speeds. For this purpose, the CRC may use differentiating criteria, taking into account geographical, demographic and technical characteristics.

ARTICLE 41. CONCESSIONS FROM TELEVISION SPACES IN THE NATIONAL PUBLIC OPERATION CHANNEL. The National Television Authority (ANTV) will be able to award the television spaces of the national public operation channel, Canal Uno, guaranteeing the right to information, equality in the access and use of spectrum and information pluralism in the objective selection processes to be granted by the concession (s), provided that the latter or its partners have no shareholding in the private channels of national or local open television. ANTV will determine the number of dealers and contract terms, in accordance with the technical and market studies to be performed for these purposes.

The authorization provided for in this article for the concession (s) of Canal Uno television spaces is not approved for the operation of a national private operation channel, since there is no place for a spectrum allocation. radio, in accordance with the provisions of Article 35 of Law 182 of 1995. Consequently, the operator responsible for the issue and transmission of Channel One, will remain the national public operator RTVC, or who does its times.

PARAGRAFO. Without prejudice to what is set forth in literal g) of article 5or Act 182 of 1995, the National Television Authority, when defining the value of the grant National public operation channel programming spaces, Channel One, will take into account the criteria:

(a) Efficient remuneration for the costs of investment, operation and maintenance of the broadcasting and broadcasting functions of the national public television operator or who does its own times, as well as the recognition of investments associated with the deployment of digital terrestrial digital television.

b) The market for advertising, the level of competition, the population covered, the per capita income, the potential audience and the opportunity costs of the network, including the radio spectrum.

ARTICLE 42. DEADLINE AND RENEWAL OF PERMITS FOR THE USE OF RADIO SPECTRUM. Amend the first paragraph of Article 12 of Law 1341 of 2009, which will remain so:

"Article 12. Deadline and renewal of permits for the use of radio spectrum. The permit for the use of radio spectrum shall have an initial defined period of up to ten (10) years, which may be renewed at the request of a party for periods of up to ten (10) years. In order to determine the renewal period, the competent authority shall take into account, inter alia, reasons of public interest, the national re-ordering of radio spectrum, or compliance with the privileges and provisions International frequencies, the determination shall be carried out by means of a reasoned administrative act. "

ARTICLE 43. FUNCTIONS OF THE NATIONAL SPECTRUM AGENCY. The National Spectrum Agency, in addition to the functions outlined in article 26 of Law 1341 of 2009 and Decree 4169 , 2011, will meet the following:

Issue the rules related to the deployment of antennas, which will include, among others, the maximum power of the antennas or limits of exposure of persons to electromagnetic fields and the technical conditions to comply with such limits. The above, with the exception of the components of passive and support infrastructure and their sharing, as appropriate to the competence of the Communications Regulatory Commission.

NEA Concept 2 of 2016

ARTICLE 44. SANCTIONS ON ICT. Amend article 65 of Law 1341 of 2009, which will remain so:

"Article 65. Sanctions. Without prejudice to the criminal or civil liability to which the offender may incur, the natural or legal person who incurs any of the offences referred to in Article 64 of the This law shall be sanctioned, in addition to the order for the immediate cessation of the conduct which is contrary to the provisions of this law, with:

1. Admonition.

2. Fine up to the equivalent of two thousand (2,000) monthly minimum legal wages for natural persons.

3. Fine up to the equivalent of fifteen thousand (15,000) monthly minimum legal wages for legal persons.

4. Suspension of operation to the public for up to two (2) months.

5. Expiration of the contract or cancellation of the license, authorization or permission.

ARTICLE 45. STANDARDS, MODELS AND GUIDELINES OF INFORMATION AND COMMUNICATIONS TECHNOLOGIES FOR CITIZEN SERVICES. Under the full observance of the fundamental right of habeas data, the Ministry of Information Technologies and the Communications (MinTIC), in coordination with the entities responsible for each of the procedures and services, will define and issue the standards, models, guidelines and technical standards for the incorporation of the Information Technologies and the Communications (ICT), which contribute to the improvement of the procedures and services offered by the State to the citizen, which must be adopted by the State entities and apply, among others, for the following cases:

a) Electronic appointment of medical appointments.

b) Electronic clinical history.

c) Electronic authentication.

d) Publishing open data.

e) Integration of the information systems and services of the state entities with the Portal of the Colombian State.

f) Implementation of the online governance strategy.

g) Business architecture reference framework for the management of information technologies in the State.

h) Administration, management and modernization of justice and defense, among others the possibility of receiving the registration, processing, management and traceability and monitoring of all types of complaints and complaints, as well as the control report of the "

i) Integrated security and emergency system (SIES), at the territorial and national level.

j) Data interoperability as a basis for the structuring of the strategy that on the capture, storage, processing, analysis and publication of large data (Big Data) will be formulated by the National Planning Department.

k) Telemedicine and Telehealth Services.

1) System for monitoring the labour market.

m) The registration of political parties, movements and groupings by the National Electoral Council, and in particular the registration of affiliates.

PARAGRAFO 1o. These procedures and services may be offered by the private sector. The formalities and services provided by the standards defined in subparagraphs (a), (b) and (c) shall be optional for the users of the formalities and services. The national government will regulate the matter.

PARAGRAFO 2o. The national government, through the MinTIC, will design and implement policies, plans and programs that promote and optimize the management, access, use and appropriation of ICT in the public sector, whose adoption it will be mandatory for all the state entities and according to the graduality that the MinTIC will establish for the effect. Such policies will result in the development of, among others, the following topics:

a) Electronic citizen folder. Under the full observance of the fundamental right of habeas data, an official e-mail account and access to an electronic citizen folder that will allow you to have an information repository can be offered to every citizen. electronic storage and sharing of public or private documents, receiving communications from public entities, and facilitating the activities necessary to interact with the State. The electronic medical history can be stored in this folder. The Min-TIC will define the operating model and the technical and security standards of the Electronic Citizen Folder. State entities will be able to use the Electronic Citizen Folder to make official notifications. All the actions that are brought forward through the tools of this folder will have full validity and probative strength.

b) Director of Technologies and Information Systems. State entities will have a Director of Information Systems and Technologies responsible for executing the plans, programs and projects of information technologies and systems in the respective entity. For such purposes, each public entity shall make the necessary adjustments to its organizational structures, in accordance with its budgetary resources, without increasing the personnel costs. The Director of Technologies and Information Systems will report directly to the legal representative of the entity to which it belongs and will be in line with the guidelines that the MinTIC defines in the field of IT.

ARTICLE 46. FUNCTIONS OF THE INFORMATION AND COMMUNICATIONS TECHNOLOGY FUND. The Information and Communications Technologies Fund shall comply, in addition to those referred to in Article 35 of Law 1341 of 2009, the following functions:

1. Finance plans, programs and projects to support entrepreneurs in the content and digital applications sector at all stages of the business, including the promotion of the risk capital link for such enterprises.

2. To finance and promote plans, programmes and projects for the promotion of human capital in Information and Communications Technologies.

3. Finance plans, programs and projects for the promotion of the software and digital content industry.

4. Finance plans, programs and projects that contribute to the improvement of educational quality in the country through the use of Information and Communications Technologies.

5. Finance plans, programs and projects for the implementation and implementation of the National Emergency Telecommunications System.

The tasks referred to in this Article shall be carried out after the conclusion of inter-administrative agreements with the competent authorities to develop the corresponding plans, programmes and projects.

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