LEGISLATION SUMMARY: ARGENTINA - Drive Sustainability...Ley 26.831 de Mercado de Capitales,...

LEGISLATION SUMMARY: ARGENTINA Expectations towards suppliers as defined in the Guiding Principles and local legislation

1 | L e g i s l a t i o n S u m m a r y

1. Business Ethics

Guiding Principles: Companies are expected to uphold the highest standards of integrity and to operate honestly and equitably throughout the supply chain in accordance with local laws.

Topic Relevant local legislation Benchmark against Guiding Principles / Practical Guidance

1. Responsible Sourcing of Materials National Constitution, art. 41

- Scope of the legislation The Art. 41 establishes that “all inhabitants have the right to a healthy, balanced environment, suitable for human development” and states, “the authorities will provide protection of this right and of environmental information and education”.

- Key points for suppliers

It includes fundamental matters as: Sustainable development; Sustainable use of natural resources; Protection of biodiversity; Preservation of cultural and natural patrimony; Bans on the entry of hazardous and radioactive waste into the country. http://servicios.infoleg.gob.ar/infolegInternet/anexos/0-4999/804/norma.htm

Ley 26.331 protección de los bosques nativos.

- Scope of the legislation Establishes minimum environmental protection criteria for the enrichment, restoration, conservation, use and sustainable management of native forests.

- Key points for suppliers The law attributes criminal liability to local private legal persons, whether or not they pursue a profit-making purpose, whether of national or foreign capital, with or without participation, for crimes against public administration, and for transnational bribery.

There is no local legislation directly related to Responsible Sourcing of Materials. There are only regulations that can be indirectly related to this topic, such as the national constitution to establish a general framework that states that the environment cannot be contaminated, which also includes the sustainable use of natural resources. On the other hand, the native forest protection law establishes that the territory must be preserved in their natural state, and companies must respect that state. Therefore, the law is less strict than the GP because they do not require due diligence to understand the source of raw materials nor validations of conflict of interests for smelters and/or refineries of tin, tungsten, tantalum and gold.

http://servicios.infoleg.gob.ar/infolegInternet/anexos/0-4999/804/norma.htm





2. Anti-Corruption Law 27.401 - Criminal Liability of Legal Persons for Corruption Offences.

- Scope of the legislation, The law attributes criminal liability to local private legal persons, whether or not they pursue a profit-making purpose, whether of national or foreign capital, with or without participation, for crimes against public administration, and for transnational bribery.

- Key points for suppliers It establishes specific regulations for companies in terms of sanctioning and preventing. Additionally, as a management aspect, the implementation of integrity programs is defined as the set of actions, mechanisms and internal procedures to promote integrity, supervision and control, aimed at preventing, detecting and correcting irregularities and illegal acts regulated by this law. These programs are requested as a key aspect to face judicial processes. http://servicios.infoleg.gob.ar/infolegInternet/anexos/295000-299999/296846/norma.htm Resolución 27/2018 de la Oficina Anticorrupción.

- Scope of the legislation

Law No. 27.401 assigns a greatimportance to Integrity Programs as a weighting element of legal liability of company’s corruption acts.

- Key points for suppliers It defines, as a suggestion, the guidelines for integrity programs development such as high-level support for the program, Ethics code, policies and procedures of integrity, Integrity in bidding procedures, Training, internal reporting channels, whistleblower protection, internal investigation, due diligence, internal manager, periodic risk analysis and continuous monitoring and evaluation.

The law and the GPs are similar regarding their strictness. The Law 27.401 requires specific actions regarding money laundering, which are not required by the GPs.







http://servicios.infoleg.gob.ar/infolegInternet/anexos/310000-314999/314938/norma.htm Ley 25.188. Ética en el Ejercicio de la Función Pública. - Scope of the legislation

The law establishes a set of duties, prohibitions and incompatibilities applicable, without exception, to all persons who perform public function at all levels and hierarchies.


The norm establishes that it is incompatible with the exercise of the public function to provide services (in any way, whether direct or indirect) to whoever manages or has a concession or is a supplier of the State. Likewise, it regulates that public officials cannot receive gifts or donations on the performance of their duties, regardless of whether they are performing their duties http://servicios.infoleg.gob.ar/infolegInternet/anexos/60000-64999/60847/texact.htm

3. Privacy National Constitution, art. 19 - Scope of the legislation Article 19 expressly protects privacy by safeguarding the private actions that in no way offend public order and morals, nor harm a third party. - Key points for suppliers Privacy must be respected. Included in national and local legislation. http://servicios.infoleg.gob.ar/infolegInternet/anexos/0-4999/804/norma.htm Law 25.326 - Personal Data Protection - Decreto 1558/01 - Scope of the legislation The law aims to protect personal data based on files, records, data banks, or other technical means of data processing, whether public, or private, intended to report, to guarantee the right to honour people's

The law and the GPs are similar in terms of their strictness. Both have the same requirements on data protection and privacy.



http://servicios.infoleg.gob.ar/infolegInternet/anexos/60000-64999/60847/texact.htm






privacy, as well as access to the information recorded about them, in accordance with the provisions of the National Constitution. - Key points for suppliers Companies must safeguard the rights established in the norm. Especially it includes: Personal data cannot be used or registered without the person's consent. Every person has the right to request for information about what personal data is registered in public or private databases. http://servicios.infoleg.gob.ar/infolegInternet/anexos/60000-64999/64790/norma.htm Ley 26.994 - CODIGO CIVIL Y COMERCIAL DE LA NACION

- Scope of the legislation It establishes, as a human right, the right to intimacy and personal or family dignity and the obligations to respect it (arts. 51, 52, 53). - Key points for suppliers Respect the right and, where appropriate, take prevention and / or measures to improve employees’ privacy. http://servicios.infoleg.gob.ar/infolegInternet/anexos/235000-239999/235975/norma.htm#6 Código Penal - Scope of the legislation The Penal Code safeguards privacy and intimacy (arts. 131 and others), such as violation of residence (arts. 151 and ss.) and violation of secrets (arts. 153 to 157). Depending on the crime, the penalty can be from 15 days In prision to one year. And will be repressed with a fine of one thousand five hundred to one hundred thousand Argentine pesos. - Key points for suppliers Respect the right to privacy without undue access to an electronic communication, a letter, a closed document, a telegraphic, telephone or other dispatch that is not addressed to you; or without unduly taking



http://servicios.infoleg.gob.ar/infolegInternet/anexos/235000-239999/235975/norma.htm#6




possession of an electronic communication, a letter, a statement, an office or other private paper, even if it is not closed. http://servicios.infoleg.gob.ar/infolegInternet/anexos/15000-19999/16546/texact.htm#17

LEY Nº 24.766 Confidencialidad

- Scope of the legislation The law regulates the confidentiality of information and products that are legitimately under the control of a fisical and/or legal person and are unduly disclosed in a manner contrary to honest commercial use. - Key points for suppliers Information that is legitimately under the control of the company (eg: information collected automatically when users visit Company websites, information is collected when people/companies volunteer to identify themselves and provide requested information, etc.) may be prevented from being disclosed to third parties or acquired or used by third parties without their consent contrary to honest commercial use. Such information must be secret and must be subject of reasonable measures to keep it secret. The standard applies to information localized on documents, electronic or magnetic media, optical discs, microfilms, films, or other similar items. http://servicios.infoleg.gob.ar/infolegInternet/anexos/40000-44999/41094/norma.htm

4. Financial Responsibility/Accurate Records

Ley 19.550 General de Sociedades - Scope of the legislation The law regulates aspects related to Accounting and Financial Statements (Title IV, Arts. 320 to 331 R). - Key points for suppliers The standard establishes the minimum accounting documents that a company must have: balance sheet, a profit and loss account, an introduction to the financial statements and notes and explanations.

The laws and the GPs are similar regarding levels of strictness since they both establish general guidelines of good practices, but do not require specific methodologies or actions to be taken place.

http://servicios.infoleg.gob.ar/infolegInternet/anexos/15000-19999/16546/texact.htm#17






http://servicios.infoleg.gob.ar/infolegInternet/anexos/25000-29999/25553/texact.htm Ley 26.831 de Mercado de Capitales, modificada por la Ley 27.440 - Scope of the legislation The purpose of the law is the development of the capital market and the regulation of the subjects and negotiable securities included in the system. - Key points for suppliers The regulation has as fundamental objectives and principles, among others, to promote capital markets integrity and transparency, by requiring the publication of financial information and its dissemination through access and connection mechanisms, with highest technology standardized communication protocols.


5. Disclosure of Information Ley 27.275. Derecho de Acceso a la Información Pública - Scope of the legislation The purpose of the law is to guarantee the effective exercise of the right of access to public information, promote citizen participation and transparency in public administration. - Key points for suppliers The right of access to public information includes the possibility of freely searching, accessing, requesting, receiving, copying, analysing, reprocessing, reusing and redistributing the information in custody of the obligated subjects listed in article 7 of this law, with the only limitations and exceptions established by this rule. All information generated, obtained, transformed, controlled or guarded by the obligated subjects reached by this law is presumed public. http://servicios.infoleg.gob.ar/infolegInternet/anexos/265000-269999/265949/norma.htm

The GPs are stricter than the law, because the law only requires the transparency of all public information, therefore it does not reach the private sphere. The only aspect covered by the law on this subject, is the disclosure of the governing body. On the other hand, the GPs request that the financial and non-financial information shall be disclosed (labour force, health and safety practices, environmental practices, business activities, financial situation and performance.)









Ley 25.831 REGIMEN DE LIBRE ACCESO A LA INFORMACION PUBLICA AMBIENTAL - Scope of the legislation This law establishes the right of access to environmental information in the power of the State, nationally, provincially, municipally and in the City of Buenos Aires, as well as from autonomous entities and companies that provide public services. - Key points for suppliers The information on environmental matters or related to them, which companies present to public environmental and sustainable development bodies (e.g.: Organsimo Provincial para el Desarrollo Sostenible (OPDS) or Ministerio de ambiente y desarrollo sostenible), is covered by this right of access. http://servicios.infoleg.gob.ar/infolegInternet/anexos/90000-94999/91548/norma.htm

Decreto 1172/2003. Reglamentos de Audiencias Públicas, Gestión de Intereses, Elaboración Participativa de Normas, del Acceso a la Información Pública. - Scope of the legislation The standard approves the General Regulations for:

Public Hearings for the National Executive Power,

Interest Management Advertising within the scope of the National Executive Power,

Participatory Development of Standards,

Access to Public Information and Open Meetings about Public Services regulations,

Registration and presentation of opinions and proposals forms. - Key points for suppliers Regarding "Interest Management", commonly called "lobby", the regulation is based on considering that "the publicity of the Interest Management is necessary in order to make known the meetings held with public officials by the people who represent a determined interest, as well as the objective of these meetings, so that interested social





groups, whether business, professional or citizens in general, can access such information” In this regard, "General Regulation for the Publicity of Interest Management within the scope of the National Executive Power" and the "Registration Form for Interest Management Hearings" are defined (Annexes III and IV) It also establishes free and open access via the Internet to the daily edition of the Official Gazette of the Argentine Republic. http://servicios.infoleg.gob.ar/infolegInternet/anexos/90000-94999/90763/norma.htm Resolución General N° 606 /2012 de CNV - Código de Gobierno Societario - Scope of the legislation Establishes the minimum guidelines of the Corporate Governance Code for companies included in the stock market. - Key points for suppliers Its principle I: "Transparency of the relationship between the issuer, the economic group and / or its related parties", considers that it should:

Guarantee the disclosure by the Administration Body of policies applicable to the Issuer's relationship with the economic group that it heads and/or integrates and with its related parties.

Prevent the misuse of privileged information. http://servicios.infoleg.gob.ar/infolegInternet/anexos/195000-199999/198057/norma.htm

6. Fair Competition/Anti-Trust Ley 19.550 General de Sociedades - Scope of the legislation The law regulates the constitution of commercial companies, their rights and obligations. - Key points for suppliers Article 59 introduces the figure of the "good businessman" referring to the fact that the administrators and the representatives of the company must act loyally and diligently. This also implies that if they fail to comply

The law and the GPs are similar in terms of their strictness. Both have the same requirements for anti-trust compliant behaviour.







with their obligations, they are responsible, unlimitedly and jointly and severally, for the damages and losses that result from their action or omission. http://servicios.infoleg.gob.ar/infolegInternet/anexos/25000-29999/25553/texact.htm Law 27.442 - Competition Defense. - Scope of the legislation The purpose of this regulation is to combat monopolistic conduct, agreements and practices that distort or negatively influence market conditions. - Key points for suppliers In relation to the production and exchange of goods or services, the law prohibits agreements between competitors, economic concentrations and any acts or conduct whose purpose or effect is to limit, restrict, falsify or distort competition or market access, or that constitute abuse of a dominant position in a market, so that it may be detrimental to the general economic interest. http://servicios.infoleg.gob.ar/infolegInternet/anexos/310000-314999/310241/norma.htm Decreto 274/2019 Lealtad Comercial– Deroga ley 22.802 - Scope of the legislation Through decree 274/2019 a new Commercial Loyalty Law is defined. It has the objective of ensuring loyalty and transparency in commercial relations. - Key points for suppliers The law has the objective of ensuring loyalty and transparency in commercial relations and guaranteeing access to essential information about the products and services marketed through physical or digital channels. The norm prohibits unfair competition acts, such as:

Acts of deceit and confusion

Violation of rules

Abuse of a situation of economic dependency







Improper obtaining of commercial conditions

Sale below cost

Misuse of another's reputation

Unfair acts of imitation

Denigrating acts

Violation of secrets

Induction to breach of contract

Acts of discrimination http://servicios.infoleg.gob.ar/infolegInternet/anexos/320000-324999/322236/norma.htm Ley Nº 24.240 DEFENSA DEL CONSUMIDOR - Scope of the legislation Consumer´s Protection and Defense Standards in order to guarantee consumption rights respect. - Key points for suppliers Companies must, as part of a consumer relationship, respect and comply - among others - with the following rights regarding their customers:

Right to protection of health, safety

Right to information

Right to education as a consumer

Right to decent treatment

Right to comply with the offer and advertising

Right to fulfill the guarantee and provide technical service

Right to protection of the economic interests of the consumer http://servicios.infoleg.gob.ar/infolegInternet/anexos/0-4999/638/texact.htm

7. Conflicts of Interest Law 27.401 - Criminal Liability of Legal Persons for Corruption Offences

- Scope of the legislation,

The GPs establish that decisions must be made based on a solid business judgment and not over any type of favoritism.







The law attributes criminal liability to local private legal persons, whether or not they pursue a profit-making purpose, whether of national or foreign capital, with or without participation, for crimes against public administration, and for transnational bribery.

- Key points for suppliers In order to implement an Integrity Program the norm establishes that there must be a system of internal rules and procedures that must contain, among others, specific aspects related to preventing illicit in the field of competitions and bidding processes, to the execution of administrative contracts or any other interaction with the public sector. In addition, it highlights the importance in the management of conflicts of interest that may arise. http://servicios.infoleg.gob.ar/infolegInternet/anexos/295000-299999/296846/norma.htm Ley 25.188. Ética en el Ejercicio de la Función Pública - Scope of the legislation The law establishes a set of duties, prohibitions and incompatibilities applicable to those who perform in the public function. - Key points for suppliers Chapter V of the Law regulates the conflict of interests, namely , those situations in which there is a contrast between the private interests of the official (whether personal, labor, economic or professional) with the public interest. In this context, it establishes duties and prohibitions with the mission of preserving impartiality in public decision-making and preventing possible acts of corruption. It also establishes that public officials may not receive gifts or donations on the occasion of the performance of their functions. http://servicios.infoleg.gob.ar/infolegInternet/anexos/215000-219999/215002/norma.htm Decreto Reglamentario 1179/2016 de la Ley 25.188. “Régimen de obsequios a funcionarios públicos”. - Scope of the legislation

Argentine laws are more varied, and the strictest ones are based on conflicts of interest related to public sector purchases. Additionally, the CNV resolution 606 establishes that the relationship between the Company, the economic group that it leads and/or integrates and its related parties must be transparent. Although the GPs and the laws are different, for the aforementioned reasons, the laws could be considered stricter regarding the external aspects of the organization, while the GPs are stricter for conflicts of interest within the organization.







The norm regulates procedure for registering gifts and the way in which they must be incorporated into National State assets. Likewise, it regulates - as a transparency mechanism - the registration of trips and / or stays, which can be accepted by officials as long as they are not incompatible with the functions or prohibited by special regulations. - Key points for suppliers It is important for companies to know the regulation in order to adapt to it. http://servicios.infoleg.gob.ar/infolegInternet/anexos/265000-269999/267949/norma.htm Resolución General N° 606 /2012 de CNV - Código de Gobierno Societario - Scope of the legislation Establishes the minimum guidelines of the Corporate Governance Code for companies included in the stock market. - Key points for suppliers Its principle I: "Transparency of the relationship between the issuer, the economic group and / or its related parties", considers that it should ensure the existence of preventive mechanisms for conflicts of interest. http://servicios.infoleg.gob.ar/infolegInternet/anexos/195000-199999/198057/norma.htm Ley 26.993 Resolución de conflictos en las Relaciones de Consumo. - Scope of the legislation A conflict resolution system is defined for consumer relationships. - Key points for suppliers The norm establishes a conflict resolution system defined for consumer relationships, that includes:







COPREC (Prior Conciliation Service in Consumer Relationships).

Audit in Consumer Relationships.

National Justice in Consumer Relationships. http://servicios.infoleg.gob.ar/infolegInternet/anexos/235000-239999/235275/texact.htm

8. Counterfeit Parts Ley 25.761 desarmado de automotores y venta de sus autopartes

- Scope of the legislation Legal regime for motor vehicle disassembly´s activities and for used spare parts of motor vehicles commercialization.

- Key points for suppliers The motor vehicle owner that proceeds to its disassembly in order to use its auto parts, must request its cancellation to the sectional registry. In the case of wanting to recover a piece, it must accompany a precise and detailed list of those that are liable to be recovered, with the numerical identification. The commercialization of used spare parts or their transportation, whether it is carried out as a main, secondary or accessory activity, must comply with the numerous established requirements, in order to guarantee parts traceability. http://servicios.infoleg.gob.ar/infolegInternet/anexos/85000-89999/87496/norma.htm

The GPs are stricter than the law, since the law only requests that parts must be registered in an automobile registry. The GPs establish that mechanisms must be implemented to minimize the risk of counterfit parts entering the Organization.

9. Intellectual Property LEY 11.723 - REGIMEN LEGAL DE LA PROPIEDAD INTELECTUAL

- Scope of the legislation Intellectual property law protects author’s rights.


The goods and services are protected from the moment of their creation without any other requirement. However, the registration of them has evidentiary effects regarding ownership´s rights. http://servicios.infoleg.gob.ar/infolegInternet/anexos/40000-44999/42755/texact.htm

The GPs and the Argentine law are equally strict. Regarding suppliers, both the GP and the law require that registered intellectual property rights must be respected.









Decreto 260/96 texto ordenado de la Ley Nº 24.481 DE PATENTES DE INVENCION Y MODELOS DE UTILIDAD


The norm establishes patents of invention systems.

- Key points for suppliers An invention patent is a right that the State grants to the inventor to exercise exclusivity over his/her invention. An invention patent must meet the three patentability requirements: novelty, inventive step, and industrial application. http://servicios.infoleg.gob.ar/infolegInternet/anexos/35000-39999/35001/texact.htm LEY 22.426 TRANSFERENCIA DE TECNOLOGIA

- Scope of the legislation The norm regulates activities that have as their main or accessory object the transfer of technology or brands by persons domiciled abroad in favour of public or private entities in Argentina.

- Key points for suppliers The regulation establishes the procedure for registering licenses for trademarks, patents, industrial models, designs, know-how; and technical knowledge (technical assistance, engineering, consulting, information services, etc.). http://servicios.infoleg.gob.ar/infolegInternet/anexos/15000-19999/18804/texact.htm Ley No. 22.362 de Marcas

- Scope of the legislation Regulates the registration and use of trademarks and commercial designations.

- Key points for suppliers The standard defines that trademarks can be registered to distinguish products and services. Those trademarks might be one or more words







with or without conceptual content; drawings; emblems; monograms; engravings; prints; seals; images; bands; colour combinations applied in a specific place of the products or packaging; wrappers; packaging; letter and number combinations; letters and numbers for their special drawing; advertising phrases; reliefs with distinctive ability. http://servicios.infoleg.gob.ar/infolegInternet/anexos/15000-19999/18803/texact.htm DECRETO-LEY N° 6.673/1963

- Scope of the legislation The norm establishes the regulatory standards to exercise the right of ownership and exploitation of intellectual property.

- Key points for suppliers Establishes that the author of an industrial model or design has a property right and the exclusive right to exploit, transfer and register it. It highlights that an industrial mode or design created by a worker in a dependency relationship, belong to the author. However, when the author has been specially hired to create them or is a mere executor of directives received, property rights belong to the employer. If the model or design is the joint work of the employer and the employee, it will belong to both, unless otherwise agreed. http://servicios.infoleg.gob.ar/infolegInternet/anexos/25000-29999/27687/texact.htm

10. Export Controls and Economic Sanctions

Ley Nº 22.415 (Código Aduanero) y sus modificaciones - Scope of the legislation Regulates export and import activities. - Key points for suppliers In the matter of Exportation, for example, art. 280 establishes the so-called Drawback. That is, the customs regime under which the amounts that would have been paid in concept of taxes that were levied on imports for consumption are reimbursed, totally or partially, provided that the merchandise was exported for consumption after having undergone a process of transformation, elaboration, combination,

The GPs and the Argentine law are equally strict, with two differences. Argentine law is more specific in relation to the protection of local industry, the improvement of competitiveness and the generation of employmentopportunities. It establishes an incentive scheme for purchases of national auto parts. In contrast, the GPs establish good practices that must be implemented to properly manage the risks that may arise from exports.







mixing, repair or any other improvement or benefit; or being used to condition or package other merchandise to be exported. Regarding import, among others, art. 664 empowers the government to exempt from import duty the importation for consumption of encumbered merchandise, among other cases in order to promote, protect or conserve national goods or services and productive activities http://servicios.infoleg.gob.ar/infolegInternet/anexos/15000-19999/16536/texact.htm

Decree 1304/2001 - Scope of the legislation Incentive regime for purchases of national auto parts, made by automotive terminals to be used for local production of motor vehicles. - Key points for suppliers Establishes an incentive scheme for purchases of national auto parts, steel, chemical and petrochemical inputs. Convention to improve competitiveness and employment generation. http://servicios.infoleg.gob.ar/infolegInternet/anexos/65000-69999/69448/norma.htm

11. Protection of Identity and Non-Retaliation

Law 27.401 - Criminal Liability of Legal Persons for Corruption Offences / Resolución 27/2018. Lineamientos de Programas de integridad - Scope of the legislation, The law attributes criminal liability to local private legal persons, whether or not they pursue a profit-making purpose, whether of national or foreign capital, with or without participation, for crimes against public administration, and for transnational bribery. - Key points for suppliers Article 23.IV of the Law lists, among the elements of the Integrity Program, that a policy to protect whistle-blowers against retaliation must be expressly included, which cannot be entirely separated from

The GPs are stricter than the laws because, in addition to guaranteeing non-retaliation against people who “blow the whistle”, they specify that grievance mechanisms must be implemented.







the design of the whistleblowing line or from the structuring of internal investigation actions http://servicios.infoleg.gob.ar/infolegInternet/anexos/295000-299999/296846/norma.htm http://servicios.infoleg.gob.ar/infolegInternet/anexos/310000-314999/314938/norma.htm

2. Working Conditions and Human Rights

Guiding Principles: Companies should respect the human rights of workers and treat all people with dignity as recognized by the international community.


1. Child Labour and Young Workers Ley N° 20.744 de régimen de contrato de trabajo

- Scope of the legislation It is the legal norm that regulates the labour relations of workers who are under a dependency relationship. Among other aspects, it regulates valid conditions of employment contract and rights and obligations of the parties. Article 32 defines the minimum ages to carry out an employment contract.

- Key points for suppliers The employment contract can be concluded from the age of eighteen (18) years old. Between 16-18 years old, a special contract is enabled with the authorization of parents or guardians. http://servicios.infoleg.gob.ar/infolegInternet/anexos/25000-29999/25552/texact.htm

GPs and the Argentine laws are equally strict. Both establish that minors cannot be employed, except under special conditions. The GPs establish that it is only possible for apprenticeships (eg: interns) and the law establishes that there is a special employment contract for people over 16 if they are duly authorized by the parents.









Ley Nº 26.390 de Prohibición del Trabajo Infantil y Protección del Trabajo Adolescente. - Scope of the legislation Referred to the work of children and adolescents under 18 years old. The minimum age for admission to employment is raised to 16 years old. The norm establishes the conditions of the working day for those under 18 years old. Some of these are a maximum of 3 hours for the workday and 15 hours per week, in the case of those minors over 14 years of age and under 16 who carry out tasks in family businesses and as long as they are not difficult, dangerous and / or unhealthy tasks. Additionally, at the same time these children must comply with school attendance. And also the law prohibits the work of minors under 18 years of age in night shifts. - Key points for suppliers The work of minors under the age of 16 is prohibited and the contracting conditions for minors between 16 and 18 are regulated. http://servicios.infoleg.gob.ar/infolegInternet/anexos/140000-144999/141792/norma.htm Ley Nº 26.061 de protección integral de los derechos de las niñas, niños y adolescentes - - Scope of the legislation It comprehensively protects the rights of girls, boys and adolescents to guarantee the full, effective and permanent exercise and enjoyment of the rights recognized in the national legal system and in international treaties. - Key points for suppliers Respect for the minimum ages to work. Care and prevention regarding the activities of the company that may affect children and adolescents, for example environmental aspects. http://servicios.infoleg.gob.ar/infolegInternet/anexos/110000-114999/110778/norma.htm

2. Wages and Benefits National Constitution, art 14bis - Scope of the legislation

The law and the GPs are similar in terms of their strictness. Both have the same requirements in







The constitutional text expressly considers aspects related to work, establishing that the laws must ensure the worker, among others, fair remuneration; minimum wage; equal pay for equal work; protection against arbitrary dismissal. - Key points for suppliers Fair wages and benefits are fundamental constitutional rights of workers. they are translated into national and local legislation. http://servicios.infoleg.gob.ar/infolegInternet/anexos/0-4999/804/norma.htm LEY N° 20.744 de régimen de contrato de trabajo


It is the legal norm that regulates the labour relations of workers who are under a dependency relationship. Among other aspects, it regulates valid conditions of employment contract and rights and obligations of the parties. It includes the protection of wages, rest regime, suspension and termination of the contract, women’s and minors’ protectionamong others.

- Key points for suppliers The employment relationship is presumed voluntary and not free, but remunerated (Art. 22, 74 and 115). Art 103 understands that remuneration is the payment for the work done. The remuneration cannot be lower than the minimum living wage, established periodically by special regulation. Article 116 defines that the minimum living wage is the lowest remuneration that the worker must receive in cash without family charges, in his legal workday, so as to ensure adequate food, decent housing, education, clothing, health care, transportation and recreation, vacations and forecasting. It is forbidden to pay less than the minimum and vital salary. This salary cannot be liened. (arts. 119 and 120) In addition, the law provides for an annual supplementary salary payment (art 121) as well as vacations and other paid leaves. The current minimum living wage in Argentina is available in: https://www.argentina.gob.ar/trabajo/consejodelsalario/resoluciones http://servicios.infoleg.gob.ar/infolegInternet/anexos/25000-29999/25552/texact.htm

terms of fair remuneration, minimum wage, equal pay and arbitrary dismissal.






3. Working Hours National Constitution, art 14bis - Scope of the legislation The constitutional text expressly considers aspects related to work, establishing that the laws must ensure the worker, among others, limited workday; rest and paid holidays. - Key points for suppliers Working hours are governed as fundamental constitutional rights of workers. They are translated into national and local legislation. http://servicios.infoleg.gob.ar/infolegInternet/anexos/0-4999/804/norma.htm LEY N° 20.744 de régimen de contrato de trabajo - Scope of the legislation It is the legal norm that regulates the labour relations of workers who are under a dependency relationship. Among other aspects it regulates valid conditions of employment contract, rights and obligations of the parties and workday length and weekly rest. - Key points for suppliers The normal working day is 8 hours a day or 48 hours a week, maximum. Overtime has a maximum of: 3 hours per day / 30 hours per month / 200 hours per year. Between the cessation of one working day and the beginning of the other, there must be a pause of not less than twelve (12) hours. The extra hours (overtime) has a special remuneration (arts. 201) and the weekly rest is remunerated. There is a special regime for night work and for unhealthy work (art. 200). http://servicios.infoleg.gob.ar/infolegInternet/anexos/25000-29999/25552/texact.htm

GPs and laws are just as strict. Both establish that legal requirements must be met, and that overtime must be voluntary, unless a collective bargaining agreement allows for required time under certain conditions and /or if lawful in exceptional circumstances.

4. Forced Labour Constitution, arts 14 and 15 - Scope of the legislation

GPs and laws are similar, but the law is more detailed when it comesto the definition of the extension of working hours, overtime, the necessary rest time, the payment of overtime and includes a special regime for night and unhealthy






Article 14 establishes the right to work and Art. 15 expressly establishes that in Argentina slavery is forbidden and every contract to buy and sell people is a crime. - Key points for suppliers The constitution prohibits slavery and this is included in national and local legislation. http://servicios.infoleg.gob.ar/infolegInternet/anexos/0-4999/804/norma.htm LEY N° 20.744 de régimen de contrato de trabajo


It is the legal norm that regulates the labour relations of workers who are under a dependency relationship. Among other aspects, it regulates valid conditions of employment contract, rights and obligations of the parties. - Key points for suppliers It is clearly established that the employment relationship is voluntary (art. 222) and that the parties must expressly consent to it (art 45). Article 46 states that a the essential knowledge of the labour contract’s object is the basis of consent. http://servicios.infoleg.gob.ar/infolegInternet/anexos/25000-29999/25552/texact.htm

work. All of these conditions mentioned above state minimum working conditions, which go against the concept of forced labour. Nevertheless, the GP specifies that any other types of forced labour are prohibited, for example the act of hold, destroy, conceal, confiscate or deny access to employee identify documents, unless required by applicable law. The companies should furthermore ensure that workers are not required to pay recruitment fees or anything similar and ensure that employees receive a contract in a language well understood by the workers.

5. Freedom of Association National Constitution art14bis

- Scope of the legislation The constitutional text expressly considers aspects related to work, establishing that the laws must ensure workersfree and democratic union organization recognized by simple registration in a special register. Additionally, the constitution establishes that collective labour agreements by unions are guaranteed as well as the right to strike. It also expresses that the union representatives will enjoy the necessary guarantees to perform their activities and will have employment stability.

- Key points for suppliers Included in national and local legislation.

The GPs and the Argentine law are equally strict regarding freedom of association. Regarding suppliers, both documents establish that companies should respect employees’ rights to associate freely, to join or not join labor/labour unions, bargain collectively, seek representation, and join workers’ councils in accordance with local law.







Ley de Asociaciones Sindicales Nº 23.551

- Scope of the legislation The law establishes the guarantee of freedom of association, outlines the ways in which these associations must be constituted, and specifies that they must be aimed at defending the interests of workers.

- Key points for suppliers In this sense, workers have the following union rights: 1. Freely form union associations, without prior authorization; 2. Affiliate to those already constituted, not affiliate or disaffiliate; 3. Know and develop union activities; 4. Make petitions addressed to the authorities and employers; 5. Participate in the internal life of trade union associations, freely choose their representatives, be elected and nominate candidates. http://servicios.infoleg.gob.ar/infolegInternet/anexos/20000-24999/20993/texact.htm Ley de Convenciones Colectivas de Trabajo Nº 14.250

- Scope of the legislation The law establishes the provisions that regulate collective labour agreements

- Key points for suppliers Collective labour agreements are concluded between an employer’s organization, an employer or a group of employers, and a professional association of workers with union personality. The agreements must be approved by the Ministry of Labour. When approved, they are compulsory for those who subscribe to them and for all workers and employers of the activity.









6. Health & Safety National Constitution art. 14bis - Scope of the legislation The constitutional text expressly considers aspects related to work, establishing that the laws must ensure the worker decent and fair working conditions. - Key points for suppliers Decent and fair working conditions are fundamental constitutional rights of workers. They are translated into national and local legislation. http://servicios.infoleg.gob.ar/infolegInternet/anexos/0-4999/804/norma.htm LEY N° 20.744 de régimen de contrato de trabajo - Scope of the legislation By virtue of this rule, the employer is obliged to observe the legal rules on hygiene and safety at work and to observe the breaks and limitations on the duration of work established by law. - Key points for suppliers Article 75 defines the duty of care for employees. Employers must adopt necessary measures to protect the psycho-physical integrity and dignity of the workers. The norm settles that pernicious effects of painful or risky tasks, must be avoided. The worker may refuse to provide work, if the conditions of care are not met. http://servicios.infoleg.gob.ar/infolegInternet/anexos/25000-29999/25552/texact.htm Law 19.587 on hygiene and workers safety - Scope of the legislation This law is regulated by different norms (Decrees, Resolutions and Provisions), each one encompassing an aspect of hygiene and workers safery, especially those dictated by the Occupational Risks Superintendency (SRT). - Key points for suppliers

GPs and Argentine laws contain several requirements, many of which resemble each other. Law 20,744, on the employment contract regime, establishes that measures must be taken to protect the psycho-physical integrity and dignity of workers, while avoiding the pernicious effects of arduous, risky or determining tasks of old age or premature exhaustion, as well as those derived from unhealthy or noisy environments. In addition to this, it gives the worker the right to refuse the provision of work, if the conditions of care are not met. Moreover , some of the requirements established by Law 25,557 exceed those requested by the GPs. The additional points are:

Carry out medical examinations and report the results to the worker.

Request for immediate medical attention in case of accidents at work or professional illness.

On the other hand, the GPs, in addition to requiring all the permits and requirements established by law, establish that the companies must implement a machine-safeguarding program including adequate training for workers. For these reasons, it could be said that in general terms the Argentine law is stricter than the GPs.






Various provisions are regulated, such as: Occupational Health and Safety Service; working site building characteristics ; drinkable water provision; environmental pollution; lighting and ventilation conditions; noises and vibrations; electrical installations; devices that can develop internal pressure; fire protection; worker´s personal protection; selection and training of personnel; accidents and occupational diseases statistics; Occupational Medicine Service; etc. http://servicios.infoleg.gob.ar/infolegInternet/anexos/15000-19999/17612/norma.htm Ley 24.557 de Riesgos del Trabajo. - Scope of the legislation The purpose of the Law is the prevention of work accidents and professional illnesses. In addition, the norms establish conditions to assure worker´s adequate medical attention in a timely manner. It also settles aspects for occupational risks prevention as well as cash and in-kind benefits during illnesses and in case of work disabilities. - Key points for suppliers This standard establishes, among others, the obligation of all employers to:

Be affiliated with a Working risk insurance company (ART).

Notify the incorporation of new personnel.

Inform workers about the Working risk insurance company the employer is affiliated to.

Inform workers about the risks of their task and protect them from them

Take the necessary measures to prevent risks at work.

Provide workers with personal protection elements and train them to use them correctly.

Carry out medical examinations and report the results to the worker.

Request for immediate medical attention in case of accidents at work or professional illness.

Maintain an accident record. http://servicios.infoleg.gob.ar/infolegInternet/anexos/25000-29999/27971/texact.htm







7. Harassment Ley Nº 26.485. Ley de Protección Integral para Prevenir, Sancionar y Erradicar la Violencia contra las Mujeres en los Ámbitos en que desarrollen sus relaciones Interpersonales. Modificada por ley 27.501 y 27.533 - Scope of the legislation The law aims to promote and guarantee the elimination of discrimination between women and men in all ways of life and the right of women to live a life without violence. - Key points for suppliers The norm understands violence against women as any conduct, action or omission that, directly or indirectly, both in the public and private spheres, based on an unequal relationship of power, affects their life, liberty, dignity, and physical integrity, psychological, sexual, economic or patrimonial, political participation, as well as their personal security. It is highlighted that physical, psychological, sexual, economic, symbolic and political violence are included in the norm. Article 6 inc. c) refers to workplace violence against women, and it should be noted that regulatory decree Nº 1011/2010 introduced a broad interpretation of it. Likewise, it is considered that the norm, although it refers to “women”, might also be applicable to other gender identities. The law modification (Law Nº27.501) includes violence against women in public spaces, commonly called ‘street harassment’. http://servicios.infoleg.gob.ar/infolegInternet/anexos/150000-154999/152155/texact.htm Ley 26.904, Código Penal: Grooming - Scope of the legislation The norm introduces grooming as a crime. - Key points for suppliers The norm establishes criminal liability for an adult that sexually harass a child or adolescent using internet or other electronic means. http://servicios.infoleg.gob.ar/infolegInternet/anexos/220000-224999/223586/norma.htm

Argentine law is very strict regarding gender violence in all its forms. Although Law 26.485 was written with women in mind, it is applicable to all genders. However, it does not require organizations to formalize policies and/or procedures nor communicate them to their employees, as required by the GPs. For this reason, GPs can be considered wider in scope and stricter than Argentine laws.







LEY N° 20.744 de régimen de contrato de trabajo


It is the legal norm that regulates the labour relations of workers who are under a dependency relationship. Among other aspects, it regulates valid conditions of employment contract, rights and obligations of the parties..

- Key points for suppliers Various articles are applicable for Mobbing cases. One of the most important is Art.63 which states that "The parties are obliged to act in good faith, adjusting their conduct to what is proper to a good employer and to a good worker". http://servicios.infoleg.gob.ar/infolegInternet/anexos/25000-29999/25552/texact.htm

8. Non-Discrimination National Constitution Arts. 16 y 14bis - Scope of the legislation The constitutional text establishes that all inhabitants are equal for the law, and admissible in jobs with no other condition than suitability (art. 16). It also expressly considers aspects related to work, establishing that laws must ensure equal pay for equal work (art. 14bis). - Key points for suppliers Non-discrimination is a fundamental constitutional right of workers. http://servicios.infoleg.gob.ar/infolegInternet/anexos/0-4999/804/norma.htm Ley Nª 23.592. Penalización de Actos Discriminatorios - Scope of the legislation Sanctions acts of arbitrary discrimination. - Key points for suppliers The law regulates theresponsibilities and penalties that arise after arbitrarily undermining the rights established in the Constitution. It sanctions discriminatory acts or omissions determined by reasons such as race,

GPs are equally strict as the Argentine laws, but theyhighlight different aspects of non-discrimination The law establishes the guarantee of equal payment for work of equal value which is not required by the GPs. But on the other hand, the GPs request reasonable accommodations to be made for the religious practices of workers, which is something that Argentine law does not require.






religion, nationality, ideology, political or union opinion, sex, economic position, social condition, or physical characters. http://servicios.infoleg.gob.ar/infolegInternet/anexos/20000-24999/20465/texact.htm LEY N° 20.744 de régimen de contrato de trabajo

- Scope of the legislation It is the legal norm that regulates the labour relations of workers who are under a dependency relationship. Among other aspects, it regulates valid conditions of employment contract, rights and obligations of the parties.

- Key points for suppliers The law establishes the prohibition of any type of discrimination between workers based on sex, race, nationality, religion, political beliefs, union or age (art. 17). It also settles that the employer must treat equally workers in the same situations(art. 181). In addition, a special chapter on Women's Work is included and establishes that any type of discrimination based on sex or marital status is prohibited. Moreover; it states that equal payment for work of equal value must be guaranteed. http://servicios.infoleg.gob.ar/infolegInternet/anexos/25000-29999/25552/texact.htm

Environment

Guiding Principles: Companies are expected to support a proactive approach to environmental responsibility by protecting the environment, conserving natural resources and reducing the environmental footprint of their production, products and services throughout their life-cycle.


0. General Scope National Constitution, art. 41








The 1994 amendment to the National Constitution added a new law with Art. 41: “all inhabitants have the right to a healthy, balanced environment, suitable for human development” and “the authorities will provide protection of this right and of environmental information and education”. It also includes the ban on the entry of hazardous and radioactive waste into the country. Being a federal country, the distribution of institutional liabilities and authority for environmental management is spread among several agencies at the national, provincial and municipal levels in addition to national agencies related to environmental issues.


In Art. 41 The Argentinean National Constitution also includes fundamental matters as: Sustainable development; Sustainable use of natural resources; Protection of biodiversity; Preservation of cultural and natural patrimony; Bans on the entry of hazardous and radioactive waste into the country http://servicios.infoleg.gob.ar/infolegInternet/anexos/0-4999/804/norma.htm Ley 26.994 - CODIGO CIVIL Y COMERCIAL DE LA NACION


Establishes the bases of the legal system on civil and commercial matters in Argentina

- Key points for suppliers Article 14 recognizes, within the framework of the Code, both Individual Rights and Collective Advocacy Rights, clarifying that "the law does not protect the exercise of individual rights when it may affect the environment and collective advocacy rights in general." For its part, article 240 will define the limits to the exercise of individual rights, stating that such exercise "must be





compatible with the rights of collective incidence" and "... must not affect the functioning or sustainability of ecosystems, of flora, fauna, biodiversity, water, cultural values, the landscape, among others, according to the criteria set forth in the special law ”. The current Code incorporates prevention functions (art. 1708) and, in its Article 1757, it revises the elements of strict liability, including not only things (risk or vice) but also risky or dangerous activities by themselves, depending of the means under which they are employed or due to the circumstances of their performance. http://servicios.infoleg.gob.ar/infolegInternet/anexos/235000-239999/235975/norma.htm#6 CODIGO PENAL Art. 200 y cc.

- Scope of the legislation It is the law that governs crimes in Argentina.

- Key points for suppliers The art. 200 establishes penalties for those who poison, adulterate or falsify, in a manner dangerous to health, drinking water or food or medicinal substances intended for public use or consumption by a group of people. It is, along with art. 55 of Law 24.051, the penal regulation applicable to environmental issues. http://servicios.infoleg.gob.ar/infolegInternet/anexos/15000-19999/16546/texact.htm#17 National general law on environment: Number 25.675

- Scope of the legislation It establishes the minimal and general framework for the interpretation and application of the specific legislation on environment that has to be followed by the provincial and local governments. In particular, it regulates the instruments for environmental political management.







- Key points for suppliers The law regulates specific instruments for environmental management applicable to productive activities. One of them is the Previous Environmental Impact Assessment which is mandatory, and must include civil participation in its preparation. It also defines the concept of environmental damage and the liabilities related to it, introducing the direct responsibilities on the matter. http://servicios.infoleg.gob.ar/infolegInternet/anexos/75000-79999/79980/norma.htm

1. Energy Consumption & Greenhouse Gas Emissions

Law 27.191 - Renewable Energy - Scope of the legislation The law modifies the National Development Regime for the use of Renewable Energy Sources for the Production of Electric Energy. - Key points for suppliers It affects private companies, public institutions and other energy users with a monthly consumption of more than 300 KW. The first requirement is that 8% of the energy they consume must come from renewable energy sources by the end of 2019, reaching 20% by 2025. http://servicios.infoleg.gob.ar/infolegInternet/anexos/250000-254999/253626/texact.htm Decreto 140/2007 PROGRAMA NACIONAL DE USO RACIONAL Y EFICIENTE DE LA ENERGIA - Scope of the legislation The norm declares the rational and efficient use of energy as national interest and priority. - Key points for suppliers Approves guidelines of the NATIONAL PROGRAM FOR RATIONAL AND EFFICIENT USE OF ENERGY

Laws and GPs are different since each covers different scopes. On one hand, the GPs establish the following aspects that are not requested by Argentine law:

Record and document energy consumption and GHG emissions, in order to improve the organization's energy efficiency.

Establish an energy strategy to minimize emissions for the entire life cycle of the product.

Implement an environmental management system to establish minimization objectives with respect to the organization's baseline.

On the other hand, the Argentine laws request the following requirements, which are not covered by the GPs.

By 2025, 20% of the organization's energy consumption should come from renewable sources.

There has been a proposal to formulate an Energy Efficiency Program for the industrial sector that will aim to contribute to increasing the sector's competitiveness by introducing management tools that allow reducing costs from the efficient use of energy and productive resources.

Finally, the law on minimum budgets for adaptation and mitigation to climate change has been implemented. This is a new law, which has not







(PRONUREE), aimed to contribute and improve energy efficiency of the different energy consuming sectors. The actions defined to be implemented in the short term include the development of a massive campaign of education, aawareness and information directed to the population in general and to school-age children in particular, in order to transmit the nature of energy, its impact on daily life and the need to adopt prudent consumption guidelines for it. In the medium term and directed to the industrial sector, it is proposed to formulate an Energy Efficiency Program for the industrial sector that will aim to contribute to increasing the sector's competitiveness by introducing management tools that allow reducing costs from the efficient use of energy.


Law N° 26.473 prohibition of production, importation and trading of incandescent lamps.

- Scope of the legislation The regulation prohibits production, importation and trading of incandescent lamps for general residential use. - Key points for suppliers The law had a special approach to energy efficiency, opening the possibility of importing or allowing the entry of necessary equipment for the production of energy-saving lamps and LED technology, reducing or freeing them from import taxes. http://servicios.infoleg.gob.ar/infolegInternet/anexos/145000-149999/149591/texact.htm Ley 27424. RÉGIMEN DE FOMENTO A LA GENERACIÓN DISTRIBUIDA DE ENERGÍA RENOVABLE INTEGRADA A LA RED ELÉCTRICA PÚBLICA - Scope of the legislation

been regulated, but will have direct implications on the industrial sector.

For everything that has been established above, although the GPs do not cover all the legal requirements, these could be considered stricter than the Argentine laws.





The purpose of the law is to set policies and establish the conditions for the generation of electrical energy of renewable origin by users of the distribution network, for their own consumption, with eventual injection of surpluses to the network. It also establishes the obligation of public distribution service providers to facilitate such injection, ensuring free access to the distribution network. - Key points for suppliers This regulation must be implemented by companies categorised within the user-generator categories depending on the magnitude of contracted demand power and generation capacity to be installed. http://servicios.infoleg.gob.ar/infolegInternet/anexos/305000-309999/305179/texact.htm

Ley 27.520 DE PRESUPUESTOS MÍNIMOS DE ADAPTACIÓN Y MITIGACIÓN AL CAMBIO CLIMÁTICO GLOBAL - Scope of the legislation The objective is the implementation by governmental authorities of appropriate actions, instruments and strategies to Climate Change Adaptation and Mitigation. - Key points for suppliers It is defined that strategies, measures, policies and instruments must be established based on the study of the impact, vulnerability and adaptation activities to climate change, to guarantee human and ecosystem development. Another relevant aspect is the promotion and development of mitigation and reduction strategies for greenhouse gases. http://servicios.infoleg.gob.ar/infolegInternet/anexos/330000-334999/333515/norma.htm

2. Water Quality & Consumption Ley Nº 25688 Regimen de Gestion ambiental de Agua


Regarding the quality of the effluents, the GPs and the Argentine laws have their particularities. GPs require the following aspects that are not required by the Argentine law:







This law establishes the minimum environmental criteria for the preservation and rational use of water resources. - Key points for suppliers This law is not in action. However, some of its principles should be considered when managing water resources. It establishes parameters forwater use and corresponding permits. http://servicios.infoleg.gob.ar/infolegInternet/anexos/80000-84999/81032/norma.htm Decreto 674/1989 y Decreto 776/1992 Agua - Efluente liquido - Scope of the legislation Regulates discharges to water courses and watersheds. Only applicable to companies established at the City of Buenos Aires and Municipalities of the Province of Buenos Aires served by AySA. - Key points for suppliers Establishes the industrial liquid effluents parameters and the corresponding permits. http://servicios.infoleg.gob.ar/infolegInternet/anexos/15000-19999/16713/texact.htm Resolution Nº 283/2019 Matanza Riachuelo Basin Authority - Scope of the legislation Establishes limits for liquid effluents discharges in the Matanza-Riachuelo Basin - Key points for suppliers Applicable for those companies established between the limits of the Matanza-Riachuelo Basin. http://servicios.infoleg.gob.ar/infolegInternet/anexos/130000-134999/132233/norma.htm

Preserve water resources through an assessment of water stress in operations and throughout the life-cycle and integrate water management into the business plan.

Implement an environmental management system to establish minimization objectives with respect to the organization's baseline.

On the other hand, Argentine laws establish maximum discharge parameters that GPs do not establish. Therefore, both are complementary so they could be considered as equally strict.









3. Air Quality Ley 20284 de Contaminación atmosférica y Disposiciones para la preservación del recurso aire - Scope of the legislation Establishes the air quality standards and pollutants concentrations to prevent critical situations of air pollution at nation level. - Key points for suppliers The norm must be considered regardless the regulations applicable in each jurisdiction. http://servicios.infoleg.gob.ar/infolegInternet/anexos/40000-44999/40167/norma.htm Ley 24.040- Compuestos químicos - Scope of the legislation The chemical compounds included in Annex "A" of the Montreal Protocol on Substances that Deplete the Ozone Layer, ratified by law 23,778, are included in the provisions of this law under the name of controlled substances. They are identified as CFC 11, CFC 12, CFC 113, CFC 114, CFC 115, Halon 1211, Halon 1301 and Halon 2402. Their production, use, marketing, import and export will be subject to the restrictions established in the aforementioned Protocol and the provisions of national regulation. - Key points for suppliers The producers of the controlled substances and the manufacturers of products that use them shall present to the enforcement authority, in the time and manner indicated by the regulations, an affidavit on the quantity and type of substances produced and used, respectively http://servicios.infoleg.gob.ar/infolegInternet/anexos/0-4999/439/norma.htm

Regarding air quality, the GPs are stricter for certain aspects and less strict for other topics if compared toArgentine laws. GPs require the following aspects that are not required by law:

Companies are expected to routinely monitor air emissions, integrate air emissions controls into the business plan and establish an air emissions management plan that meets or exceeds regulatory requirements for each facility.

Air emissions include, but are not limited to, volatile organic compounds (VOCs), corrosives, particulate matter (PM), ozone-depleting substances, air toxics and combustion by-products generated from business and manufacturing operations.

On the other hand, Argentine laws establish the following requisites that the GPs do not require:

Maximum emission parameters.

Producers of ozone-depleting gases covered by the Montreal Protocol, must submit a sworn statement to the enforcement authority on the amount and type of substances produced and used, respectively. Additionally, these gases’ production, use, marketing, import and export will be subject to the restrictions established in the aforementionedProtocol and its dispositions.

Therefore, even though both the GPs and the argentine laws are complementary, the GPs could be considered as less strict.







Resolución Nª 2/2008 Matanza Riachuelo Basin Authority.

- Scope of the legislation Establishes limits for air quality and emissions discharges in the Matanza-Riachuelo Basin - Key points for suppliers Applicable for those companies established between the limits of the Matanza-Riachuelo Basin. http://servicios.infoleg.gob.ar/infolegInternet/anexos/130000-134999/132265/norma.htm

4. Natural Resources Management and Waste Reduction

LEY N° 22.351 PARQUES NACIONALES - Scope of the legislation The norm defines the declaration of National Natural Park, Natural Monument or National Natural Reserve due to their extraordinary beauties or riches in native flora and fauna or due to a specific scientific interest. It establishes that they must be protected and preserved for scientific research, education and enjoyment of present and future generations. - Key points for suppliers The regulation establishes that no kind of productive activities can be carried out in the National Parks. About Reserves, the norm allows only productive activities with a very low environmental impact http://servicios.infoleg.gob.ar/infolegInternet/anexos/15000-19999/16299/texact.htm Ley 26639/2010 Régimen de Presupuestos Mínimos para la Preservación de los Glaciares y del Ambiente Periglacial. - Scope of the legislation The law establishes the criteria for the protection of glaciers and the periglacial environment in order to preserve them as

In general terms, when compared with the GPs, Argentine laws are much broader and have a low level of practical application for companies. In any case, the law is stricter than the GPs regardging the regulation of the following aspects:

No productive activities of any kind can be carried out in National Parks. In the Reserves, only productive activities with a very low environmental impact may be carried out. This means that no suppliers should operate on these locations.

In glaciers, activities that may affect the glaciers’ natural condition are prohibited.

Liability is established from the cradle to the grave of the hazardous waste generators. Regulations are established on the generation, handling, storage, transportation and final disposal of this kind of waste, expressly prohibiting transboundary movements.

Meanwhile, GPs are stricter regarding general waste management within the organization. The following requirements exceed those established by law:

Companies are expected to set targets for waste reduction and establish a waste management







strategic reserves of water resources for human consumption; for agriculture and as water providers for recharging watersheds; for the protection of biodiversity; as a source of scientific information and as a tourist attraction. - Key points for suppliers The norm prohibits activities that may affect glaciers’ natural condition, their destruction or transfer, or interfere with their advance. In particular, it prohibits activities that involve the release, dispersion or disposal of polluting substances or elements, chemical products or residues of any nature or volume; mining and oil and gas exploration and exploitation, and the installation of industries or development of works or industrial activities. This law could affect certain suppliers that operate in the sector defined as protected. For example, it has had a serious impact onthe mining industry. http://servicios.infoleg.gob.ar/infolegInternet/anexos/170000-174999/174117/norma.htm National law Nº 25.916 on urban waste management - Scope of the legislation The law establishes the basic criteria for solid waste management and defines urban waste. - Key points for suppliers It establishes basic criteria for the management of urban waste, starting with the initial classification and the actions of separation, recycling and revaluation. Many local authorities have defined specific management regulations for companies. http://servicios.infoleg.gob.ar/infolegInternet/anexos/95000-99999/98327/norma.htm National Law Nº 24.051 on Hazardous waste / Decreto 831/1993

hierarchy that considers in priority order: prevention, reduction, reuse, recovery, recycling, removal and final disposal of wastes.

Companies are expected to encourage and support the use of sustainable, renewable natural resources in an efficient manner such that waste and residual products are minimized over the product’s life cycle.

For this reason, it could be said that with respect to hazardous waste, GPs are less strict than the law, but for the rest, GPs are stricter than Argentine laws.







- Scope of the legislation Regulates hazardous waste management, aligned with Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal.

- Key points for suppliers This law regulates the generation, management, storage, transport, treatment and elimination of hazardous waste from “cradle to grave”, imposing responsibility on the waste fate to the generator. It establishes complete control on the life cycle of wastes, through the supervision of all the actors involved, linked by a unique document called a waste manifest. The law also specifies the character of the criminal responsibility, in the case of negative impacts or effects on health due to the inadequate hazardous waste management. http://servicios.infoleg.gob.ar/infolegInternet/anexos/0-4999/450/texact.htm Ley 27.279 de gestión de envases vacíos de fitosanitarios - Scope of the legislation The law establishes the management criteria for empty phytosanitary containers, in accordance with the toxicity of the product they contained, requiring differentiated and conditioned management. - Key points for suppliers According to this regulation, all the empty phytosanitary containers used in the national territory must be included in a comprehensive management system of empty phytosanitary containers. http://servicios.infoleg.gob.ar/infolegInternet/anexos/265000-269999/266332/norma.htm

5. Responsible Chemical Management PRESUPUESTOS MINIMOS PARA LA GESTION Y ELIMINACION DE LOS PCBs Ley 25.670

Regarding responsible chemical management, the GPs are stricter than Argentine Laws. The only aspect where the







- Scope of the legislation The purpose of the standard is to decontaminate or eliminate devices that contain PCBs. It also prohibits PCBs entry to the country and its production and commercialization - Key points for suppliers According to the law, all PCB holders must be registered, and all devices containing PCBs must be decontaminated. http://servicios.infoleg.gob.ar/infolegInternet/anexos/75000-79999/79677/norma.htm

National law Nº 24.449 on transit, transport of hazardous substances

- Scope of the legislation This law regulates the safety of transit and transport and approves the general regulation for transport of hazardous substances. - Key points for suppliers The National Secretary of Transport approves the technical normative for the transport of hazardous products and a regime of infractions and sanctions related to this topic. http://servicios.infoleg.gob.ar/infolegInternet/anexos/0-4999/818/texact.htm National law Nº 19.587on hygiene and workers safety

- Scope of the legislation This law regulates several provisions related to occupational health and safety. - Key points for suppliers Regulates use, management and final disposal of hazardous materials in the workplace.

law is stricter is the transport of hazardous materials (Law 24.449). The rest of the GPs are detailed requirements that exceed those of the law, being the following:

- Chemicals recycling/reuse. - Provision of Safety Data Sheets/Material Safety

Data Sheets that comply with all applicable laws and regulatory requirements.

- Establishing programs to collect data from material manufacturers for all components, idenifying all process chemicals and intermediates that are idenified as classified hazardous substances according to local law, or being considered for classified hazardous evaluation.

- Measuring data completeness against bill of materials (BOMs) ,idenify data shortages, and take corrective measures to assure data is traceable to the material manufacturers.










Date post:	17-Aug-2021
Category:	Documents
Upload:	others
View:	0 times
Download:	0 times

LEGISLATION SUMMARY: ARGENTINA - Drive Sustainability...Ley 26.831 de Mercado de Capitales,...

Documents