LAW 143 OF 1994
(July 11)
Official newspaper Not. 41.434, of 12 of July of 1994.
By which the state for the generation is established, interconnection, broadcast, distribution and
commercialization of electricity in the national territory, some authorizations are granted and other
dispositions in energy matter are dictated.
<Resumen de Notas de Vigencia>
You NOTE OF FORCE:
1. It modified by the Decree 2474 of 1999, "By which the commissions of regulation are restructured and
other dispositions are dictated", published in the Official Newspaper Not. 43.821 of December 18, 1999
THE CONGRESS OF COLOMBIA,
It DECREES:
CHAPTER I. GENERAL PRINCIPLES.
ARTICLE 1o. The present Law establishes the state of the activities of generation, interconnection,
broadcast, distribution and commercialization of electricity, that in the successive thing activities of the
sector will be called, in agreement with the legal and constitutional functions that correspond it al
Department of Mines and Energy.
ARTICLE 2o. The Department of Mines and Energy, in exercise of the functions of regulation, planning,
coordination and monitoring of all the activities related to the public utility of electricity, will define the
criteria for the aprovechamiento economic of the not conventional and conventional sources of energy,
inside an efficient integral management and sustainable of the energy resources of the country and will
promote the development of such sources and the efficient use andRational of the energy on the part of
the users.
ARTICLE 3o. In relation to the public utility of electricity, al State corresponds it:
a) to Promote the free competence in the activities of the sector;
b) to Impede practices that constitute disloyal competence or abuse of dominant position in the market;
c) Regular those situations in which by reasons of natural monopoly, the free competence guarantee not
its efficient installment in economic terms;
d) to Assure the protection of the rights of the users and the fulfillment of its you owe;
and) to Assure the adequate incorporation of the environmental aspects in the planning and management
of the activities of the sector;
f) to Reach a cover in the services of electricity to the different regions and sectors of the country, that
guarantee the satisfaction of the basic needs of the users of the strata I, II and III and the of smaller
resources of the rural area, through the diverse private and public agents that they lend the service;
G) to Assure the availability of the necessary resources to cover the subsidies offered to the users of the
strata I, II and III and the of smaller incomes of the rural area, to attend their basic needs of electricity.
PARÁGRAFO. To guarantee the fulfillment of it predicted in the previous clauses, the National
Government will arrange of the resources generated by the national contribution that speaks the article 47
Of this Law and by the resources of national budget, that they should be appropriate annually in the
budget of incomes and law of appropriations by the Department of Estate and Public Credit.
Nevertheless, according to the article 368 Of the Political Constitution, the departments, the districts, the
municipalities and the companies decentralized will be able to grant subsidies, in their respective budgets.
ARTICLE 4o. The State, in relation to the service of electricity will have the following objectives in the
fulfillment of its functions:
a) to Supply the demand of electricity of the community low economic criteria and of financial viability,
assuring its covering in a framework of efficient and rational use of the different energy resources of the
country;
b) to Assure a dependable, sure, and efficient operation in the activities of the sector;
C) to Maintain and to operate its installations preserving the integrity of the persons, of the goods and of
the environment and maintaining the levels of quality and security established.
PARÁGRAFO. If the diverse economic agents desire to participate in the activities of electricity, should
be held al fulfillment of the previous objectives.
ARTICLE 5o. The generation, interconnection broadcast, distribution and commercialization of
electricity are destined to satisfy fundamental collective needs in permanent form, by this reason, are you
considered public utilities of supportive, obligatory, and essential character, and of public utility.
ARTICLE 6o. The activities related to the service of electricity will be governed for principles of
efficiency, quality, continuity, adaptabilidad, neutrality, solidarity and equity.
The principle of efficiency obliges the correct assignment and utilization of the resources of such form
that the installment of the service be guaranteed al smaller economic cost.
By virtue of the principle of quality, the service lent should comply the technical requirements that they
be established for him.
The principle of continuity implies that the service should be lent still in cases of bankruptcy, liquidation,
intervention, replacement or termination of contracts of the responsible businesses for the same one,
without different interruptions to them planned by technical reasons, greater force, fortuitous case, or by
the imposed sanctions al user by the breach of their obligations.
The principle of adaptabilidad conducts to the incorporation of the advances of the science and of the
technology that contribute greater quality and efficiency in the installment of the service al smaller
economic cost.
The principle of neutrality requires, inside the same conditions, an equal processing for the users, without
different discriminations to them derived from its social condition or of the conditions and technical
characteristics of the installment of the service.
By solidarity and redistribution of the income is understood that al to design the state tarifario will keep in
mind the establishment of some factors so that the sectors of consumption of greater incomes help to that
the persons of smaller incomes can pay the rates of the consumption of electricity that cover its basic
needs.
By the principle of equity the State propenderá by reaching an adequate and stable cover in the services of
energy in the different regions and sectors of the country, to guarantee the satisfaction of the basic needs
of all the population.
ARTICLE 7o. In the activities of the sector they will be able to participate different economic, public,
private or mixed agents, which will enjoy liberty to develop their functions in a context of free
competence, according to the articles 333, 334 and the penultimate clause of the article 336 of the
National Constitution, and the article 3O. of this Law.
In the cases indicated by the law, to operate or to put in operation the projects should be obtained of the
competent authorities the permission the respective in sanitary, environmental matter, use of water and
those of order municipal that be exigibles.
PARÁGRAFO. The activity of commercialization only can be developed for those economic agents that
they carry out some of the activities of generation or distribution and by the independent agents that they
comply the dispositions that send off the commission give regulation of energy and gas.
ARTICLE 8o. The public businesses that lend the service of electricity al to take effect the present Law,
in any of the activities of the sector, should have budgetary, hereditary, and administrative autonomy.
Save legal disposition in opponent, the budgets of the public companies of the territorial order will be
approved by the corresponding boards of directors, without the participation of other authorities be
required.
PARÁGRAFO. The state of applicable contracting to these businesses will be that of the private right.
The Energy Regulation Commission and Gas will be able to do obligatory the inclusion of exceptional
clauses al right common in some of the contracts that celebrate such companies. When its inclusion be
compulsory, all it relating to these clauses will be held al General Statute of Contracting of the Public
Administration.
ARTICLE 9o. The President of the Republic will exercise through the Superintendencia of Home public
Utilities the control of efficiency and quality of the public utility of electricity and the control, inspection
and caution of the companies that lend the public utility of electricity, in the terms predicted in the law.
ARTICLE 10. When the State decide to call the different economic agents so that in their name develop
any of the activities of the regular sector by this law, these should show experience in the execution of the
same and to have operating, technical capacity and sufficient financier to subscribe the necessary
contracts for it, which themselves regular according to it predicted in this Law, in the private right or in
dispositionsSpecial according to the legal nature of the same.
CHAPTER II.
SPECIAL DEFINITIONS.
ARTICLE 11. To interpret and to apply this Law the following general definitions they will keep in mind
themselves:
National system interconnected: is the composed system by the following elements connected among
itself: the plants and teams of generation, the network of interconnection, the regional networks and
interregionales of broadcast, the networks of distribution, and the electric loads of the users.
National network of interconnection: assembly of lines and subestaciones, with its associated teams,
including the international interconnections, destined al service of all the members of the national system
interconnected.
Regional networks or interregionales of broadcast: broadcast lines assembly and subestaciones, with its
associated teams, destined al service of a group of members of the national system interconnected inside a
same area or adjacent areas, you determined by the energy regulation commission and gas.
Networks of distribution: assembly of lines and subestaciones, with its associated teams, destined al
service of the users of a municipality or adjacent or associated municipalities by means of any of the
forms predicted in the Political Constitution.
Regulation of operations: assembly of principles, criteria and procedures established to carry out the
planning, the coordination and the execution of the operation of the national system interconnected and
for regular the operation of the wholesale market of electric energy. The regulation of operation
understands various documents that will be organized according to the own themes of the operation of the
national system interconnected.
Wholesale market: is the market of large electric, in which generating blocks of energy and
comercializadores sell and buy energy and power in the national system interconnected, with subjection al
regulation of operation.
Liberty regulated: state of rates by means of which the Energy Regulation Commission and Gas will set
the criteria and the methodology in accordance with which the businesses of electricity will be able to
determine or to modify the maximum prices for the services offered.
Commercialization: consistent activity in the purchase of electric energy and its sale to the final, regular
or not regular users that will be held to the dispositions predicted in this Law and in that of home public
utilities in the pertinent thing.
User regulated: natural or legal person whose purchases of electricity are you hold to rates established by
the Energy Regulation Commission and Gas.
User done not regulate: natural or legal person, with a maximum demand over 2 Mw by installation
legalized, whose purchases of electricity are carried out to prices agreed freely. The Energy Regulation
Commission and Gas will be able to revise said level, by means of resolution motivated.
Operation integrated: is the optimum operation that advances for two or more independent systems.
Autogenerador: that generator that produces electric energy exclusively to attend its own needs.
Regional center of office: is a center of supervision and control of the operation of the networks,
subestaciones and head offices of generation located in a same region, whose function is that of
coordinating the operation and maneuvers of those installations, with subjection in the pertinent thing, to
the instructions given by the National Center of Office, in development of the contained forecasts in the
Regulation of Operation, in order to assuringA dependable and sure operation of the system
interconnected.
National center of Office: is the dependence responsible for the planning, supervision and control of the
operation integrated of the resources of generation, interconnection and broadcast of the national system
interconnected.
It is likewise responsible for giving the instructions to the Regional Centers of Office to coordinate the
maneuvers of the installations in order to having a tight, dependable, and sure operation al regulation of
operation and to all the agreements of the National Counsel of Operation.
I consume of subsistence: is defined as I consume of subsistence, the most minimum quantity of
electricity utilized in a month by a typical user to satisfy basic needs that can only be satisfied by means
of this form of final energy. For the calculation of the consumption of subsistence only will be able to be
keep in mind the energy replacements when these be available for to be utilized by these users.
Zones done not interconnect: geographical area where is not lent the public utility of electricity through
the National System Interconnected.
When fuere necessary, the interpretation and application of these definitions will do them the Energy
Regulation Commission and Gas.
CHAPTER III.
OF THE PLANNING OF THE EXPANSION.
ARTICLE 12. The planning of the expansion of the national system interconnected will be carried out to
short and long time limit, of such way that the plans to attend the demand be it sufficiently flexible so that
they adapt to the changes that determine the environmental, financial, economic, and technical conditions
because they comply with the requests of quality, confiabilidad and specific security by the Department
of Mines and Energy because the projects proposed be technique,Environmental and economically viable
and that the demand be satisfied attending to criteria of efficient use of the energy resources.
ARTICLE 13. The Unit of Mining Planning - Energy that treats the article 12 of the Decree 2119 of 1992,
will be organized like adhering Special Administrative Unit al Department of Mines and Energy, with
own patrimony and personería legal and with special states in matter of contracting, of administration of
personnel, of salaries and of benefits and with budgetary autonomy.
The Unit will handle its budgetary resources and will operate through contract of fiducia commercial that
will celebrate the Department of Mines and Energy with a fiduciary company, which will be submitted to
the norms of the private right. These dispositions will govern, likewise, the acts and contracts that be
carried out in development of the respective contract of fiducia.
For the fulfillment of the article 60 Of the Political Constitution, for the businesses of the energy sector
application will be given, in the pertinent thing, al Decree law 663 of 1993. The National Government
will indicate the special conditions of financing.
ARTICLE 14. The budget of the Special Administrative Unit of Mining Planning - Energy will do part of
the general budget of the Nation and will be presented al Department of Mines and Energy for its
incorporation in the same one, its annual distribution will be done by means of resolution sent off by the
Department of Mines and Energy and endorsed by the General Director of National Budget of the
Department of Estate and Public Credit, according to the dispositionsYou contained in the Law 38 of
1989 and in the other norms that 14 regulate, they modify or they substitute.
PARÁGRAFO. This budget will be voted by the Colombian Business of Petroleums - Ecopetrol -, by the
Colombian Business of Coal - Ecocarbón Financial Energy National -FEN- and Electric Interconnection
S.TO -ISA- by equal parts. These companies remain faculties to appropriate of its respective budgets the
corresponding departures.
ARTICLE 15. The Unit of Mining Planning - Energy will count on a director that will have the quality of
public employee and will yield the remuneration that determine the National Government.
The director should meet the following conditions:
a) to Be Colombian and citizen in exercise;
b) to Possess university title in engineering, economy or business administration and studies of
postgraduate course;
C) to Count on a recognized preparation and technical experience and to have performed charges of
responsibility in public or private companies of the energy national or international sector, by a period
over six (6) years.
ARTICLE 16. The Unit of Mining Planning - Energy will have among others the following functions:
a) to Establish the energy requests of the population and the economic agents of the country, based on
projections of demand that they take into account the most probable evolution of the economic and
demographic variables and of prices of the energy resources;
b) to Establish the way to satisfy you said requests keeping in mind the not conventional conventional,
existing, and energy resources, according to environmental, technological, social, and economic criteria;
C) to Devise and to bring up to date the National Energy Plan and, the Plan of Expansion of the electric
sector in agreement with the Project of the National Plan of Development.
The first National Energy Plan should be presented inside the six (6) following months to the force of this
Law;
d) to Evaluate the social and economic convenience of the development of sources and not conventional
energy uses, as well as the development of nuclear energy for peaceful uses;
and) to Evaluate the social and economic profit value of the exports of energy and mining resources;
f) to Carry out diagnoses that permit the formulation of plans and programs of the energy sector;
g) to Establish and to operate the mechanisms and procedures that permit to evaluate the offering and
demand of energy minerals, hydrocarbons and energy and to determine the priorities to satisfy such
requests, according to the national convenience;
h) to Recommend al Minister of Mines and Energy, political and strategies for the development of the
energy sector;
i) to Lend the technical services of planning and advising and to charge for them;
j) to Establish priority a program of savings and optimization of energy;
K) The others that this Law indicate it and the Decree 2119 of 1992.
ARTICLE 17. The Department of Mines and Energy will count on a permanent consultative body,
conformed by representatives of the businesses of the energy sector, of the regional and national order
and of the users that will owe conceptuar previously to the adoption of the plans, programs and of projects
of development of each subsector and to propose the pertinent actions to guarantee that these be carried
out according to it established in the Energy Plan. You be authorized al National Government to establish
the number and the mechanisms of selection of the representatives of the users.
PARÁGRAFO. The Unit of Mining-Energy Planning will devise the Plans of Expansion of the National
System Interconnected and will consult al permanent consultative body.
ARTICLE 18. It competes al Department of Mines and Energy to define the plans of expansion of the
generation and of the network of interconnection and to set criteria to orient the planning of the broadcast
and the distribution.
The plans of generation and of interconnection they will be of reference and they will seek to orient and
to rationalize the effort of the State and of the individuals for the satisfaction of the national demand of
electricity in agreement with the National Plan of Development and the National Energy Plan.
The National Government will take the necessary measures to guarantee it put in operation of those
projects predicted in the reference expansion plan of the electric sector, that they have not been chosen by
other investors, of such form that satisfy the requests of infrastructure contemplated in said plan. The
National Government will assume the risks inherent in the construction and exploitation of these projects.
ARTICLE 19. The National Government will watch for the development and the execution of studies of
preinversión associated with electricity generation projects, according to the priorities established in the
Generation Expansion Plan, for which the Unit of Mining-Energy Planning will promote the execution of
such studies.
PARÁGRAFO 1o. The necessary resources to attack the studies of preinversión in electricity generation
projects, they will originate of the recaudos established in the Parágrafo Unico of the article 14 That they
are assigned for such purpose.
PARÁGRAFO 2o. When the official businesses they carry out investments in studies for electric projects
that subsequently benefit other companies that did not participate in those investments, these last should
pay the cost to values brought up to date in proportion to its participation. The Energy Regulation
Commission and Gas will regulate the matter.
CHAPTER IV.
OF THE REGULACION.
ARTICLE 20. In relation to the energy sector the function of regulation on the part of the State will have
as an basic objective to assure an adequate installment of the service by means of the aprovechamiento
efficient of the different energy resources, in benefit of the user in terms of quality, opportunity and cost
of the service. For the achievement of this objective, will promote the competence, will create and will
preserve the conditions that they make it possible.
ARTICLE 21. The Commission of Energy Regulation, created by the article 10 of the Decree 2119 of
1992, Energy Regulation Commission will be called and Gas and will be organized like Special
Administrative Unit of the Department of Mines and Energy, that will be integrated in the following way:
a) By the Minister of Mines and Energy, who will preside it;
b) By the Treasury Minister and Public Credit;
c) By the Director of the National Department of Planning;
D) For five (5) expert in energy matters of exclusive dedication, named by the President of the Republic
for periods of four (4) years.
Once it be organized the Superintendencia of Home public Utilities created by the article 370 Of the
Political Constitution, the Superintendent will attend its meetings with voice but without vote.
The Commission will count on the necessary administrative, technical, and professional personnel for the
fulfillment of his functions, according to what she same determine and he will have special states in
matter of contracting, of administration of personnel, of salaries and of benefits and he will enjoy
budgetary autonomy.
The Commission will handle his budgetary resources and he will operate through the contract of fiducia
commercial that he will celebrate the Department of Mines and Energy with a fiduciary company, which
he will be submitted to the norms of the private right. These dispositions will govern, likewise, the acts
that be carried out in development of the respective contract of fiducia.
The experts will have the quality that determine the President of the Republic and they will yield the
remuneration that he himself determine.
The Energy Regulation Commission and Gas will send off their internal regulation, that will be approved
by the National Government, in which the procedure for the designation of the Executive Director from
among the experts of exclusive dedication will be indicated.
PARÁGRAFO 1o. The experts should meet the following conditions:
a) to Be Colombian and citizen in exercise;
b) to Have university title in engineering, economy, business administration or similar and studies of
postgraduate course; and
C) to Count on a recognized preparation and technical experience, preferably in the energy area and to
have performed charges of responsibility in public or private companies of the Mining-Energy, national
or international sector, by a period over six (6) years; or to have performed like consultant or advisor by
an equal or upper period.
PARÁGRAFO 2o. The first appointment of the experts will be done thus: two (2) expert for a period of
three (3) years and three (3) for a period of four (4) years. The expert thing they will be able to be
reelected.
<Notas de vigencia>
- Article abrogated in the pertinent thing by the article 8 Of the Decree 2474 of 1999, published in the
Official Newspaper Not. 43.821 of December 18, 1999, "By which the commissions of regulation are
restructured and other dispositions are dictated".
<Nota del editor>
- For the interpretation of this article should be should keep in mind it arranged by the articles 2o.., 4o..,
5or, 6o. and 7O. of the Decree 2474 of 1999, published in the Official Newspaper Not. 43.821 of
December 18, 1999.
The texts referred are the following:
ARTICLE 2o. The Energy Regulation Commission and Flammable Gas, is integrated in the following
way:
a) By the Minister of Mines and Energy, who will preside it;
b) By the Treasury Minister and Public Credit;
c) By the Director of the National Department of Planning;
D) For five (5) expert of exclusive dedication named by the President of the Republic for fixed periods of
four (4) years, done not submit to the rules of the Administrative Career.
The Superintendent of Home public Utilities or his delegate will attend the meetings with voice but
without vote.
ARTICLE 4o. In case of absolute lack of one of the experts, the President of the Republic will name an
expert for a new period.
They are you lack absolute the death and the renunciation accepted.
ARTICLE 5o. Each Commission will send off its internal regulation, that will be approved by the
National Government, in which the procedure for the designation of the Executive Director from among
the experts of exclusive dedication will be indicated.
ARTICLE 6o. The Ministers that integrate the Commissions of Regulation to that refers the present
Decree they will be able to delegate their participation, in the vice Ministers or in a Director. The
Director of the Department of National Planning will be able to delegate his participation in the deputy
director.
ARTICLE 7o. The periods contemplated in this decree will govern for the experts that are named from
the date of their entrance in force.
ARTICLE 22. The costs of the service of regulation will be covers for all the companies submitted to its
regulation and the total total of the contribution will not be able to be superior al 1% of the value of the
expenses of operation excluding the operating expenses, purchases of electricity, purchases of fuels and
tolls, when place to it there be, of the company regulated, incurred the previous year to that in which the
collection be done,Agreement with the financial states available to positions the Superintendencia of
public Utilities and of the Energy Regulation Commission and Gas.
The total of the contribution that corresponds to pay to each company will be liquidated by the Energy
Regulation Commission and Gas. The contributions should be full inside the first thirty (30) days
following calendar al respective I collect, in the company or financial companies indicated to receive this
I collect.
PARÁGRAFO. The Energy Regulation Commission and Gas will set annually its budget, which should
be approved for the National Government.
ARTICLE 23. For the fulfillment of the definite objective in the article 20 of the present law, the Energy
Regulation Commission and Gas with relation al service of electricity will have the following general
functions:
A) to Create the conditions to assure the availability of a capable, efficient energy offering to supply the
demand low environmental, economic, social criteria and of financial viability, to promote and to
preserve the competence.
In the electric sector, the efficient offering will keep in mind the endorsement generation capacity, which
will be valued by the Energy Regulation Commission and Gas, according to the criteria that establish the
Unit of Energy Mining Planning in the plan of expansion;
b) to Determine the conditions for the gradual liberation of the market toward the free competence;
c) to Define the methodology for the calculation of the rates by the access and use of the electric
networks, and the charges by the services of office and coordination lent by the regional centers of office
and the national center of office;
d) to Approve the rates that should be voted for the access and use of the electric networks and the
charges by the services of office and coordination lent by the regional centers of office and National
Center of Office;
and) to Define the methodology for the calculation of the applicable rates to the regular users of the
service of electricity;
F) to Set the electricity sale rates for the regular final users. This faculty will be able to be delegated in
the distribution businesses, in accordance with its functions of commercialization under the state of
liberty regulated;
g) to Define, based on technical criteria, the conditions that should meet the not regular and regular users
of the service of electricity;
H) to Define the factors that should be applied to the rates of each sector of consumption bound for
covering the subsidies to the consumption of subsistence of the users of smaller incomes. These factors
should keep in mind the capacity of payment of the users of smaller incomes, the costs of the installment
of the service and the consumption of subsistence that should be established according to the regions;
i) to Establish the Regulation of Operation to carry out the planning and the coordination of the operation
of the National System Interconnected, after to have heard the concepts of the National Counsel of
Operation;
j) to Establish guidelines for the design, normalization and efficient use of teams and electric apparatuses;
k) to Interpret the definitions contemplated in the article 11 of the present Law;
l) to Need the reach of the relative competences al granting of the contract of concession;
m) to Know of the rates of the not regular users;
n) to Define and to do operating the technical criteria of quality, confiabilidad and security of the service
of energy;
or) to Regulate the installment of the electric service in the neighborhoods subnormales and rural areas of
smaller development;
p) to Define by means of arbitration the conflicts that are felt among the different economic agents that
they participate in the activities of the sector as for interpretation of the commercial and operating
agreements;
q) to Watch for the protection of the rights of the consumers, especially those of strata of low incomes;
R) The functions predicted in the article 11 of the Decree 2119 of 1992, that will continue in force as soon
as be not opponent to the arranged thing in this article, and the others that the pertinent legal norms they
indicate it.
CHAPTER V. OF THE GENERATION OF ELECTRICITY.
ARTICLE 24. The construction of generating plants, with its respective lines of connection to the
networks of interconnection and broadcast, is permitted to all the economic agents.
PARÁGRAFO. For the multiple purpose generation projects of which benefits for other sectors of the
economy be derived, the National Government will establish mechanisms so that these sectors contribute
to the financing of the project, in the measure of the benefits obtained.
ARTICLE 25. The economic private or public agents that do part of the national system interconnected
they should comply with the Regulation of Operation and with the agreements adopted for the operation
of the same one. The breach of these norms or agreements, will give rise to the sanctions that establish
the Energy Regulation Commission and Gas or the respective authority according to its competence.
ARTICLE 26. The private and public companies with available electric energy will be able selling it, you
hold al Regulation of Operation, to the generating businesses, to the distributors or to large consumers to
rates agreed freely among the parts.
ARTICLE 27. Save in situation of emergency, the businesses of thermal generation that perform sales of
electric energy through the National System Interconnected, they should carry out to guarantee, long-term
contracts, the supply of fuel in opportune form and to economic prices.
For the acquisition of coal destined to the thermal generation, they will be selected preferentially, the
offerings presented by the associative or cooperative organizations of character comprising operators
recorded in the National Mining Registration, as well as the ones that are presented for the independent
producers of coal that have Mining Registration in force and that they be found classified in the rank of
small mining industry.
CHAPTER I SAW.
OF THE INTERCONNECTION.
ARTICLE 28. The businesses that be owners of lines, subestaciones and teams indicated like elements of
the national network of interconnection, they will maintain the property of the same, but they should
operate them with subjection al Regulation of Operation and to the agreements adopted by the National
Counsel of Operation.
The breach of the norms of operation of the national network of interconnection, the omission in the
obligation to provide the maintenance of the lines, subestaciones and associated teams and every conduct
that tie you against the principles that govern the activities related to the service of electricity, will give
rise to the sanctions that establish the competent authority.
PARÁGRAFO. Nevertheless the arranged thing in the present article the businesses that being owners of
elements of the network of national interconnection decide to alienate you said active, they will be able to
do it.
<Nota del editor>
- For the interpretation of this article should be should keep in mind the arranged thing in the article 1o. of
the Decree 2023 of 1999, published in the Official Newspaper Not 43.751, of the October 21 of 1999.
The text referred is the following one:
ARTICLE 1o. The National Counsel of Operation of the electric sector, predicted in the articles 172 of
the Law 142 of 1994 and 36 Of the Law 143 of 1994, will have exclusively advisor body functions from
the 1o. of January of the year 2001. Consequently, the functions to send off agreements on the technical
aspects to guarantee that the joint operation of the national system interconnected be sure, dependable and
economic, and that of being organ executor of the regulation of operation contemplated in the articles
168, 169 and 172 of the Law 142 of 1994 and 28, 29 literal b), 34 and 36 Of the Law 143 of 1994, they
will exercise to this last date.
When it be consulted its opinion for the expedition of norms, the National Counsel of Operation should
be pronounced inside the thirty (30) days following calendar to the reception of the consultation. It
elapsed that time limit, will be understood polite the requirement of consultation.
ARTICLE 29. The connection to the national network of interconnection of a regional network of
broadcast, of a network of distribution, of a head office of generation or of a user imposes on them
interested the following obligations:
a) to Comply the technical norms that dictate the Department of Mines and Energy;
b) to Operate its own system with subjection to the norms that send off the Energy Regulation
Commission and Gas and to the agreements of the National Counsel of Operation; and
<Nota del editor>
- For the interpretation of this article should be should keep in mind the arranged thing in the article 1o. of
the Decree 2023 of 1999, published in the Official Newspaper Not 43.751, of the October 21 of 1999.
The text referred is the following one:
ARTICLE 1o. The National Counsel of Operation of the electric sector, predicted in the articles 172 of
the Law 142 of 1994 and 36 Of the Law 143 of 1994, will have exclusively advisor body functions from
the 1o. of January of the year 2001. Consequently, the functions to send off agreements on the technical
aspects to guarantee that the joint operation of the national system interconnected be sure, dependable and
economic, and that of being organ executor of the regulation of operation contemplated in the articles
168, 169 and 172 of the Law 142 of 1994 and 28, 29 literal b), 34 and 36 Of the Law 143 of 1994, they
will exercise to this last date.
When it be consulted its opinion for the expedition of norms, the National Counsel of Operation should
be pronounced inside the thirty (30) days following calendar to the reception of the consultation. It
elapsed that time limit, will be understood polite the requirement of consultation.
C) to Execute the necessary works for the connection of its installations and teams to the national network
of interconnection.
ARTICLE 30. The proprietary businesses of networks of interconnection, broadcast and distribution will
permit the connection and access of the electric businesses, of other generating agents and of the users
that they request it, subject to the fulfillment of the norms that govern the service and the payment of the
salaries that correspond.
These businesses will be able to lend the service of servants for telecommunications.
ARTICLE 31. The proprietary businesses of head offices of generation will be able to be linked to the
networks of interconnection, by means of two modalities:
a) Modality free: by which the generating business is not obliged to supply a fixed quantity of energy
being submitted consequently, to the demand of the market, but operating in a system of prices and rates
determined by the free play of the market;
B) Modality regulated: by which the generating firm compromises with a business comercializadora of
energy or a user not-regulated to supply fixed quantities of electric energy during a determined period and
in a preestablished schedule. For it is indispensable to subscribe energy guaranteed purchase contracts.
PARÁGRAFO. In both modalities the owners of head offices should comply with the regulation of
operation of the system interconnected and the agreements of operation.
In case to break the energy supply commitments will be done creditors to the sanctions stipulated in the
respective contracts, without damage of the other civil or penal implications of character to that they give
place.
ARTICLE 32. It authorized al National Government to modify the social object of Electric
Interconnection INC., that in the successive thing will be that of attending the operation and maintenance
of the network of its property, the expansion of the national network of interconnection, the planning and
coordination of the operation of the national system interconnected and to lend technical services in
activities related to its social object.
<Nota del editor>
- In criterion of the publisher, for the interpretation of this article should be should keep in mind it
established by the articles 1o. and 2. or of the Decree 1171 of 1999, published in the Official Newspaper
Not. 43.625 of June 29, 1999.
The texts referred are the following:
"ARTICLE 1o. It be ordered the creation of a business of public utilities in the terms established in the
parágrafo 1o. of the article 167 of the Law 142 of 1994. For such effect the Department of Mines and
Energy should send off the acts and to promote the celebration of the agreements, covenants and acts that
turn out to be necessary for the creation and constitution of said business."
"ARTICLE 2o. The functions atribuídas al Central National of Office by the Laws 142 of 1994 and 143
of 1994 and other applicable norms, they will continue being exercised by an internal dependence of
Electric Interconnection INC. E.S.P., to so much the new business can exercise them."
It authorized, thus same, al National Government to organize from the assets of generation that at present
possesses Electric Interconnection INC., a new business, that will be constituted in a company of mixed
economy, linked al Department of Mines and Energy, dedicated to the generation of electricity. This new
business will count on budgetary, administrative, and hereditary autonomy.
PARÁGRAFO 1o. The National Center of Office will be an internal dependence of the business
responsible for the service of national interconnection, constituted with the goods at present of property of
Electric Interconnection INC., destined to the planning, supervision and control of the operation and
office of the resources in the national system interconnected, as well as the others that the National
Government assign it.
PARÁGRAFO 2o. The business responsible for the service of national interconnection will count on own
resources originating from the installment of the services of the office, of the transportation of electricity,
of the charges by the access and use of its networks of interconnection and by the technical services
related to its function.
PARÁGRAFO 3o. The business responsible for the service of national interconnection, will not be able to
participate in activities of generation, commercialization and distribution of electricity.
PARÁGRAFO 4o. The personnel of the present plant of ISA will be relocated in each one of the two
businesses that gave origin, according to its present functions, respecting the rights acquired of the
workers.
PARÁGRAFO 5o. When the expansion of the National Network of Interconnection be going to do
himself through lines in which they conjugate the characteristics of the national network of
interconnection with those of the regional network of broadcast, the Energy Regulation Commission and
Gas, will decide who executes happiness expansion in case to be presented conflict.
PARÁGRAFO 6o. The authorization given al National Government to modify the social object of
Electric Interconnection INC., and to organize from its assets of generation a new business, will be
utilized without damage of the commitments acquired by the Nation with the businesses of the electric
sector, before to the force of the present Law, when acquired the participation of said businesses in
Electric Interconnection INC.
CHAPTER VII.
OF THE OPERATION OF THE NATIONAL SYSTEM INTERCONNECTED.
ARTICLE 33. The operation of the system interconnected will cause trying to attend the demand in sure,
dependable form and with quality of the service by means of the utilization of the available resources in
convenient and economic form for the country.
ARTICLE 34. The National Center of Office will have the following specific functions, that should
perform to adhere to it established in the Regulation of Operation and in the agreements of the National
Counsel of Operation:
a) to Plan the operation of the resources of generation, interconnection and broadcast of the national
system, having as an objective an economic, dependable, and sure operation;
b) to Exercise the coordination, supervision, control and analysis of the operation of the resources of
generation, interconnection and broadcast including the international interconnections;
c) to Determine the value of the resultant exchanges of the operation of the energy resources of the
national system interconnected;
d) to Coordinate the programming of the maintenance of the head offices of generation and of the lines of
interconnection and broadcast of the national electric network;
and) to Report periodically al National Counsel of Operation about the real operation and expected of the
resources of the national system interconnected and of the risks to attend dependablely the demand;
f) to Report the violations or contrary conducts al Regulation of Operations;
G) The other attributions that confer it the present Law.
PARÁGRAFO. The National Center of Office will have a Director that should meet the same conditions
required al expert that treats the article 15.
<Nota del editor>
- For the interpretation of this article should be should keep in mind the arranged thing in the article 1o. of
the Decree 2023 of 1999, published in the Official Newspaper Not 43.751, of the October 21 of 1999.
The text referred is the following one:
ARTICLE 1o. The National Counsel of Operation of the electric sector, predicted in the articles 172 of
the Law 142 of 1994 and 36 Of the Law 143 of 1994, will have exclusively advisor body functions from
the 1o. of January of the year 2001. Consequently, the functions to send off agreements on the technical
aspects to guarantee that the joint operation of the national system interconnected be sure, dependable and
economic, and that of being organ executor of the regulation of operation contemplated in the articles
168, 169 and 172 of the Law 142 of 1994 and 28, 29 literal b), 34 and 36 Of the Law 143 of 1994, they
will exercise to this last date.
When it be consulted its opinion for the expedition of norms, the National Counsel of Operation should
be pronounced inside the thirty (30) days following calendar to the reception of the consultation. It
elapsed that time limit, will be understood polite the requirement of consultation.
ARTICLE 35. The National Center of Office will coordinate its activities with the Regional Centers of
Office, with the businesses of generation, with the proprietary businesses of the networks of
interconnection and broadcast and with the businesses of distribution.
ARTICLE 36. Créase the National Counsel of Operation that will have like main function to agree the
technical aspects to guarantee that the operation integrated of the national system interconnected be sure,
dependable and economic, and to be the organ executor of the regulation of operation.
The decisions of the National Counsel of Operation will be able to be resorted before the Energy
Regulation Commission and Gas.
The National Counsel of Operation will have a requisite whose Technical Secretary will be the same
required for the expert that treats the article 15, Who will participate in the meetings of the Counsel with
voice and without vote.
<Nota del editor>
- For the interpretation of this article should be should keep in mind the arranged thing in the article 1o. of
the Decree 2023 of 1999, published in the Official Newspaper Not 43.751, of the October 21 of 1999.
The text referred is the following one:
ARTICLE 1o. The National Counsel of Operation of the electric sector, predicted in the articles 172 of
the Law 142 of 1994 and 36 Of the Law 143 of 1994, will have exclusively advisor body functions from
the 1o. of January of the year 2001. Consequently, the functions to send off agreements on the technical
aspects to guarantee that the joint operation of the national system interconnected be sure, dependable and
economic, and that of being organ executor of the regulation of operation contemplated in the articles
168, 169 and 172 of the Law 142 of 1994 and 28, 29 literal b), 34 and 36 Of the Law 143 of 1994, they
will exercise to this last date.
When it be consulted its opinion for the expedition of norms, the National Counsel of Operation should
be pronounced inside the thirty (30) days following calendar to the reception of the consultation. It
elapsed that time limit, will be understood polite the requirement of consultation.
ARTICLE 37. The National Counsel of Operation will be conformed by a representative of each one of
the businesses of generation, connected al national system interconnected that have a capacity installed
superior al five percent (5%) of the national total, for two representatives of the businesses of generation
of the municipal, departmental, and national order connected al national system interconnected, that have
a capacity installed among the one percent (1%) and thepercent (5%) of the national total, by a
representative of the proprietary businesses of the national network of interconnection with vote only in
matters related to the interconnection, by a representative of the other generating businesses connected al
national system interconnected, by the Director of the National Center of Office, who will have voice but
will not have vote and for two representatives of the distribution businesses that carry not out priority
activitiesBeing at least one of them the one that have the major market of distribution. The Energy
Regulation Commission and Gas will establish the periodicidad of its meetings.
<Nota del editor>
- In criterion of the publisher, for the interpretation of this article should be should keep in mind it
established by the article 82 of the Law 508 of 1999, published in the Official Newspaper Not. 43.651 of
July 29, 1999
The text referred is the following one:
"ARTICLE 82. COMPOSITION OF THE NATIONAL COUNSEL OF OPERACION. The National
Government will be able to modify and to structure the composition of the National Counsel of Operation
that treats the article 37 Of the Law 143 of 1994, so that guarantee the participation of the agents of the
electric sector and the healthy competence among the same.
ARTICLE 38. The generating businesses of electricity, the distributors and the ones that operate networks
of interconnection and broadcast will have the obligation to supply and the right to receive in faithful and
opportune form the information required for the planning and the operation of the national system
interconnected and for the commercialization of the electricity. The information will be channeled
through the National Center of Office and of the Regional Centers of Office, as correspond.
CHAPTER VIII.
OF THE RATES BY ACCESS AND USE OF THE NETWORKS.
ARTICLE 39. The associated charges with the access and use of the networks of the national system
interconnected will cover with in optimum conditions of management, the costs of investment of the
networks of interconnection, broadcast and distribution, according to the different levels of tension,
included the capital opportunity cost, of administration, operation and maintenance, in adequate
conditions of quality and confiabilidad and of sustainable development. These charges will keep in mind
criteria of financial viability.
ARTICLE 40. The rates by the access and use of the networks of the national system interconnected
should include the following charges:
a) A charge of connection that will cover the costs of the connection of the user to the network of
interconnection;
b) A fixed charge associate to the services of interconnection;
c) A variable charge, associate to the services of transportation by the network of interconnection;
ARTICLE 41. The Energy Regulation Commission and Gas will define the methodology of the
calculation and will approve the rates by the access and use of the networks of the national system
interconnected and the procedure to do cash its payment.
PARÁGRAFO 1o. The networks wings access rates will be calculated considering among others factors,
the location of the centers of load inside the regional networks y. the systems of associated distribution,
the real costs of the system of broadcast or of distribution that are required to attend each center of load
and the environmental conditions that can affect the investment and the maintenance.
PARÁGRAFO 2o. The Energy Regulation Commission and Gas will have a time limit of six (6) counted
months from the force of the present Law, to define and to approve, in agreement with it established in
the parágrafo previous, the methodology for the calculation of the rates by the access and use of the
networks and to define the procedure to do troops the payments by this concept. If the Commission them
does not define and approves in the time limit predicted, the businesses will be able to charge the rates
and loads that these have submitted to its consideration, while the Energy Regulation Commission and
Gas brings to light the methodology and respective procedures.
CHAPTER IX.
OF THE REGIMEN ECONOMICO AND TARIFARIO FOR THE SALES OF ELECTRICITY.
ARTICLE 42. The transactions of electricity among generating businesses, among distributors, between
those and these and among all they and the businesses dedicated to the commercialization of electricity
and the not regular users, are free and will be paid by means of the prices that agree the parts. They are
included in this state the transactions that be carried out through international interconnections.
The sales of electricity to regular final users will be paid without exception, through rates you hold to
regulation.
The purchases of electricity on the part of the distribution businesses of any order should guarantee, by
means of contracts of supply, the service to the users attended directly by them, by the term that establish
the Energy Regulation Commission and Gas. Such contracts will be celebrated by means of mechanisms
that stimulate the free competence and they should establish, besides the prices, quantities, form,
opportunity and place of delivery, the sanctions to that will be you hold the parts by irregularities in the
execution of the contracts and the compensations to that there be place by breach or by be not able to
attend opportunely the demand.
PARÁGRAFO. The persons contratantes will send monthly to the Energy Regulation Commission and
Gas the information relating to the contracts celebrated.
ARTICLE 43. It is considered violatorio of the norms on competence, and constitutes abuse of dominant
position in the market, any practice that impede to a business or user done not regulate to negotiate freely
its contracts of supply or any intent to set prices by means of prior agreements among salespersons,
among buyers or between some and other. The businesses will not be able to carry out act or any contract
that deprive to the users of the benefits of the competence.
The competent authorities will be able to impose the following sanctions to who incur in the conducts
described previously, according to the nature and the gravity of the lack.
a) Amonestación;
B) Fines until the equivalent one to 2.000 monthly most minimum salaries.
The total of the fine will graduate attending al impact of the infraction on the good march of the public
utility and al factor of recidivism. If the infraction was committed during various years, the maximum
total that up is indicated will be able to multiply for the number of years. If the offender does not provide
sufficient information to determine the total, inside the thirty following days al request that it be
formulated, the sanctions they will apply it that here themselves prevén. The fines will enter al patrimony
of the Nation. The businesses to the ones that be fined they will be able to repeat against who they had
carried out the acts or omissions that gave rise to the sanction;
c) Order to suspend immediately all or some of the activities of the offender and closing of the real estate
utilized to develop them;
d) Order to separate to the administrators or employed of a business of public utilities of the charges that
occupy; and prohibition to the offenders to work in similar businesses until ten years;
and) Request to the authorities so that they decree the expiration of the contracts that have celebrated the
offender, when the state of such contracts permit it or the cancellation of licenses as well as the
application of the sanctions and pertinent fines predicted;
f) Prohibition al direct offender to lend or indirectly public utilities until ten years;
G) Takes of possession in a business of public utilities or the temporary or final suspension of their
authorizations and licenses, when the sanctions predicted behind be not cash or damage unduly to third
parties.
The sanctions that natural persons impose on themselves they will be done subject to the analysis of the
fault of the eventual head and they will not be able to base on criteria of objective responsibility.
ARTICLE 44. The state tarifario for regular final users of a same business will be oriented by the criteria
of economic efficiency, suficiencia financial, neutrality, solidarity and redistribution of the income,
simplicity and transparency.
By economic efficiency is understood that the state of rates will try that these they approach what would
be the prices of a competitive market, being guaranteed an efficient assignment of resources in the
economy, maintaining at the same time the principle of solidarity and redistribution of the income by
means of the estratificación of the rates.
By suficiencia financial is understood that the efficient businesses will have guaranteed the recovery of
their costs of investment and their expenses of administration, operation and maintenance, with the value
of the sales of electricity and the total of the subsidies that receive in compensation by attending to
residential users of smaller incomes.
By neutrality is understood that residential users of the same socioeconomic condition or not residential
users of the service of electricity, according to levels of voltaje, will be given them the same processing of
rates and the same contributions they will apply it or subsidies.
By virtue of the principle of neutrality, cannot exist you differentiate tarifarias for the residential sector of
strata I, II and III from among regions, neither among businesses that develop activities related to the
installment of the electric service, for which the Energy Regulation Commission and Gas will define the
period of transition and the strategy of corresponding adjustment.
By virtue of the principle of solidarity and redistribution of the income, the competent authorities al to set
the state tarifario will keep in mind the consecrated mandate in the article 6Or, clause 7o of this Law.
By simplicity is understood that the rates will be designed of such way that its comprehension be
facilitated, application and control.
By transparency is understood that the state tarifario will be explicit and public for all the parts involved
in the installment of the service and for the users.
Achieving it the businesses responsible for the distribution and/or the commercialization will do public
and massive the informations on the measures adopted by the Energy Regulation Commission and Gas as
for the components of costs and charges that define the structure of the rates.
ARTICLE 45. The costs of distribution that will serve of base for the definition of rates to the regular
users of the service of electricity, on the part of the Energy Regulation Commission and Gas they will
keep in mind efficient businesses of reference according to areas of comparable distribution, keeping in
mind the own characteristics of the region, will take into account the costs of investment of the networks
of distribution, included the cost of opportunityOf capital and the costs of administration, operation and
maintenance by unit of maximum power supplied. Besides, they will keep in mind energy losses levels
and characteristic power of comparable efficient businesses.
ARTICLE 46. The Energy Regulation Commission and Gas will keep in mind the following components
in the structure of rates:
a) A rate by energy consumption unit;
b) A rate by unit of power, utilized in the hours of maximum demand;
c) A fixed charge that reflect the economic costs involved in guaranteeing the availability of the service
for the user, independently of the level of consumption;
D) A charge of connection that will cover the costs of the connection each time that the user be connected
al service of electricity.
PARÁGRAFO 1o. For the calculation of each component the costs they will keep in mind themselves
and charges established by the Energy Regulation Commission and Gas.
PARÁGRAFO 2o. The Energy Regulation Commission and Gas will be able to design and to do diverse
public options tarifarias.
ARTICLE 47. In agreement with it established in the literal one h) of the article 23 and in the article 6Or
of the present Law, aplíquense the factors to establish the total of the resources that the residential users
of high strata and the not residential users should cause contribute that they will not exceed from the 20%
of the cost of installment of the service to subsidize the consumption of subsistence of the residential
users of smaller incomes.
The faltante of the moneies to pay the totality of the subsidies will be covered with resources of the
national budget, according to it established in the article 3o of the present Law, for which the Department
of Estate and Public Credit will include the corresponding appropriations in the general budget of the
Nation.
The value of them yourself for each sector of consumption will be defined annually by the Energy
Regulation Commission and Gas.
The subsidies will be paid to the distribution businesses and they will cover not less than the 90%, of the
equivalent energy really delivered to the consumption of subsistence to those users that by their social and
economic condition they have the right to said subsidy according to it established by the law.
The not regular users that buy energy to generating businesses of not regular energy should also pay the
contribution.
You be authorized al National Government so that in agreement with it estatuido in the Law of Home
public Utilities establish the special mechanism through which the factors will be defined and they will be
handled and will assign the resources originating from them contribute.
The businesses of electricity will collect the sums pertaining to these factors in the invoices of collection
by sales of electricity, establishing clearly the total of the same.
Thus same, in the invoices of the users of smaller incomes will establish the value of the subsidy offered.
The businesses recaudadoras will consign the excedente inside the 30 following days to its I collect in the
company or companies that the Government indicate for such end.
The net subsidy that attends the national budget should be canceled to the businesses beneficiaries inside
the 60 following days to its turnover.
<Notas del Editor>
- In criterion of the publisher for the interpretacion of this article should be should keep in mind the
arranged thing in the article 3 Of the Law 632 of 2000, published in the Official Newspaper Not 44.275,
of December 29, 2000.
The text referred is the following one:
"ARTICLE 3o. STATE OF SUBSIDIES FOR THE PUBLIC UTILITY OF ELECTRIC ENERGY. It
will be able to continue applying subsidies inside the limits established in the Laws 142 and 143 of 1994,
once surpassed the period of transition here established.
The period of transition so that the businesses that lend the public utility of electric energy in the national
system interconnected, they reach the limits established in the Laws 142 and 143 of 1994 in matter of
subsidies, will not be able to exceed of December 31, the year 2001.
The time limit so that the prestadores of the public utility of electric energy in the zones done not
interconnect they reach the limits established in matter of subsidies, will not be able to exceed from the 31
of the December of the year 2003.
The Energy Regulation Commission and Gas will establish the gradualidad with the one that you said
limits will be reached".
ARTICLE 48. The National Government will assign and will appropriate the sufficient resources in the
National Plan of Development, in the National Plan of Public Investments and in the annual laws of the
budget of incomes and law of appropriations, to advance programs of energización qualified as priority,
so much in the zones interconnected as in zones done not interconnect for the purpose that in a not greater
period of twenty (20) years be reached levelsegalitarian of cover in all the country, in agreement with the
principle of equity that treats the article 6Or of the present Law.
ARTICLE 49. The Nation, the other territorial companies, the companies decentralized of those and
these, as well as the indirect companies decentralized and the other legal persons or organs that integrate
the structure of the State, in all the orders and levels, will incorporate in their respective budgets sufficient
appropriations to satisfy the economic obligations contracted by the use of the public utility of electricity,
which they should be canceled in the dates in whichThey do exigibles.
It is to owe of the Contralor General of the Republic and of the contralores departmental, and municipal,
according to the case, to be affirmed that the officials that have the responsibility to prepare the projects
of budget, to execute the appropriations and to cancel the obligations incorporate and they carry out the
payments derived from them. To who it they do not, will be sanctioned them in the predicted form in the
norms in force, inclusive requesting their dismissal to the authority nominadora competent, without
damage of the penal and civil responsibilities that they can correspond them.
CHAPTER X. OF THE CONSERVATION OF THE ENVIRONMENT.
ARTICLE 50. To protect the diversity and integrity of the environment and to prevent and to control the
factors of environmental deterioration, the economic agents that carry out some of the activities that treats
the present Law, they should give fulfillment to the dispositions that regulate the matter.
ARTICLE 51. The public, private or mixed businesses, that undertake susceptible projects to produce
environmental deterioration will have the obligation to avoid, to mitigate, to repair and to compensate the
negative effects on the social and natural environment generated in the development of their functions,
according to the norms in force and the special that indicate the competent authorities.
ARTICLE 52. The public, private or mixed businesses that project to carry out or carry out works of
generation, interconnection, broadcast and distribution of electricity, susceptible to produce
environmental deterioration, are obliged to obtain previously the environmental license according to the
norms that regulate the matter.
PARÁGRAFO. To obtain the environmental license to execute projects of generation and interconnection
of electricity the corresponding studies should be carried out, according to it arranged by the competent
authority and to include in the budget of the respective business the corresponding departures to execute
the measures you remedy them predicted.
ARTICLE 53. During the phase of study and as condition to execute projects of generation and
interconnection, the proprietary businesses of the projects should inform the communities affected,
consulting with them first, the second, environmental impacts, the measures predicted in the plan of
environmental action and third, the necessary mechanisms to involve them in the establishment of the
plan of environmental action.
ARTICLE 54. The autogeneradores, the businesses that bandage excedentes of electric energy, as well as
the private legal persons that deliver or they distribute, to any title, among their associates and/or
associates, the electric energy that they produce, are obliged to cancel the transfer in the terms that treats
the article 45 Of the Law 99 of 1993.
For the liquidation of this transfer, the rough sales will be calculated like the own generation multiplied
by the rate that indicate the Energy Regulation Commission and Gas for the effect.
CHAPTER XI.
OF THE CONTRACT OF CONCESSION.
ARTICLE 55. By means of the contract of concession, the Nation, the department, the municipality or
competent district they will be able to trust in temporary form the organization, installment, maintenance
and management of any of the activities of the public utility of electricity to a legal private or public
person or to a mixed business, which assumes it for their account and risk, under the caution and the
control of the company concedente.
The caution and control of the concedente not obsta so that the Department of Mines and Energy, as well
as other state agencies exercise its legal faculties of regulation, overseeing, control and caution.
The dealer of the service of electricity should be held to the legal dispositions that they be applicable; and
to the arranged thing in the respective contract of concession.
The dealer should meet the conditions that require the respective service, according to the regulations that
send off the Department of Mines and Energy. The granting of the concession will be done by means of
public offering to whom offer the better economic and technical conditions for the concedente and in
benefit of the users.
The previous thing without damage of other viable contractual modalities in agreement with the article 10
Of the present Law.
ARTICLE 56. The Nation and the other territorial companies in exercise of the competences that with
relation to the different activities of the electric sector the law assigns them, they will be able to celebrate
contracts of concession only in those events in which as result of the free initiative of the different
economic agents, in a context of competence, not any willing company exist to assume, on equal terms,
the installment of these activities.
ARTICLE 57. The competence to offer contracts of concession is assigned in the following form: to the
Nation, them related to the generation, interconnection and networks of broadcast among regions; to the
departments, it concerning the regional networks of broadcast; and al municipality, find you it to the
distribution of electricity. It will correspond to the Energy Regulation Commission and Gas to need the
reach of the competences indicated.
ARTICLE 58. The contract of concession will establish clearly the conditions of installment of the
service; the form and conditions of remuneration for the dealer, that they will be defined keeping in mind
the service granted; the duration and overtime; the obligatoriedad of lending the service to whom request
it in the case of the interconnection, broadcast and distribution; the conditions of replacement on the part
of the concedente to assure the continuity and regularity of theOf termination anticipated; the
compensations; you cause them them to declare the expiration and the effects of the same one; the
sanctions by breach; the liquidation of goods; the applicable norms and in general, all those aspects that
permit to preserve the interests of the parts, inside a healthy equilibrium.
ARTICLE 59. They will be able to be dealers, the private, national or foreign companies, the cooperative
and other community organizations constituted legally and the companies of public character.
ARTICLE 60. The remuneration of the contract of concession consists of the rates or prices that the users
of the services pay directly the dealers, which are set according to the dispositions established in the
present Law.
When by alien reasons to the will of the dealer, itself not pudieren to set the rates in levels that permit to
recover the economic costs of installment of the service in optimum conditions of management, the
concedente should recognize the difference among the values pertaining to the installment with such costs
and the values invoiced with the rates that really apply.
ARTICLE 61. The dealer should comply the orders and instructions that by reasons of general interest
give the concedente as for the form and the conditions in which the service should be lent, although they
imply modifications in the terms stipulated in the contract. If as a result of the modifications I was
affected the equilibrium economic-financier of the contract, this should be re-established by common
consent and of be not possible, by means of arbitration.
ARTICLE 62. The term of duration of the contract of concession will be set, in each case, by the
company concedente and will not be able to exceed of thirty (30) years, cash since the date set
contractually or, to lack of her, since the moment of perfeccionamiento of the contract. Thus same, the
dealer will be able to request its renewal until twenty (20) years, with a not greater anticipation of thirtysix (36) months neither less than twelve (12) months al expiration of the time limit of the contract. The
concedente will resolve on the granting of the overtime inside the six (6) following months to the petition,
attending to environmental, operating, economic, and technical criteria.
ARTICLE 63. In order to assuring the continuity, quality and regularity of the service, the concedente
will be able to substitute al concessionary in its installment, carrying out for itself same or by means of
third parties, in the event in which have itself suspended, or fear itself reasonably that can be suspended,
subject to concept of the Superintendencia of Home public Utilities. The replacement should be a
temporary measure and when the dealer be found in conditions to lend again the service will be able to be
returned; in contrary case, the termination of the contract will be decreed.
ARTICLE 64. When the company concedente give for finished, by reasons of unilateral, general interest
and in advance the contract of concession, should compensate so much by the damages that cause it al
concessionary by said termination as by the reasonable benefits that be deprived it for the rescue of the
same one.
PARÁGRAFO. When the contract be finished in form anticipated will proceed to carry out its liquidation
comply al corresponding procedure established in the law or in the norms that govern to the company
concedente.
ARTICLE 65. <Artículo incorporado en el Estatuto de los Mecanismos Alternativos de Solución de
Conflictos, artículo 171.> TO the termination of the concession should revert to the company concedente
all the goods indicated in the contract for such end, by means of the recognition and payment al
concessionary of the value of rescue of the installations for the cases contemplated in the respective
contracts, you determined by experts appointed, one by each one of the parts and a third by common
consent among the two previous.
If one of the parts does not accept the expert opinion, the situation will be resolved by means of a Court
of Arbitramento that emit failure in right. Its integration and operation will be done according to the
norms in force in the law of Public Contracting.
<Notas de vigencia>
- Clause incorporated in the Decree 1818 of 1998, article 171, it published in the Official Newspaper Not.
43.380, of September 07, 1998, "through which the Statute of the alternative mechanisms of solution of
conflicts is sent off"
CHAPTER XII.
OF THE SAVINGS, CONSERVATION AND EFFICIENT USE OF THE ENERGIA.
ARTICLE 66. The savings of the energy, as well as its conservation and efficient use, is one of the
priority objectives in the development of the activities of the electric sector.
ARTICLE 67. Créase the Division of Savings, conservation and efficient use of the energy, as
dependence of the Institute of Nuclear Sciences and Energies Alternatives INEA-, that will have the
following functions:
a) to Establish goals of savings, conservation and efficient use of energy, that be realizables
economically;
b) to Promote the formulation and execution of programs that propendan by the efficient use of the
energy;
c) to Recommend like part of the National Energy Plan, a program of savings, conservation and efficient
use of the energy;
d) to Evaluate periodically the development of the programs that be undertaken so much to national level
as by the distribution, transmitting, and generating businesses;
and) to Adopt technical norms for the energy consumers teams production and for the construction of real
estate, that propendan by the savings, conservation and efficient use of the energy;
f) to Establish and to promote the programs of savings, conservation and efficient use of the energy;
g) to Direct and to coordinate the educational campaigns related to its objective;
h) to Exercise the control and monitoring of the programs related to its objective;
i) to Define the mechanisms and incentives for complying with the programs of savings, conservation and
efficient use of the energy;
J) to Promote programs of recovery and restitution of networks, tending toward minimizing the technical
losses in broadcast and distribution.
The INEA should adapt its organic structure and plant of personnel for the fulfillment of the functions
assigned, in a time limit of six months, cash from the sanction of the present Law.
PARÁGRAFO. The Division of savings, conservation and efficient use of the energy will count on the
necessary administrative and technical personnel for the fulfillment of its functions.
ARTICLE 68. The projects related to the own activities of the sector, generation, broadcast, distribution
and commercialization, will keep in mind like criterion of feasibility the savings, conservation and
efficient use of the energy.
CHAPTER XIII.
FINAL DISPOSITIONS.
ARTICLE 69. Créase the Electric Business of the East, company that will have the mixed economy
company character, linked al Department of Mines and Energy, with participation of the electrificadoras
of Boyacá, North of Santander, Santander and Arauca, as well as by the other private and public
companies that they concur to its creation and whose object will be the generation of electric energy.
PARÁGRAFO. The National Government will proceed to organize this business in the term of six (6)
counted months from the force of this Law.
ARTICLE 70. The National Government will present to consideration of the Congress of the Republic,
when the characteristics and conditions of other regions thus advise it, the project of creation of other
regional businesses for the installment of the service of generation, broadcast or distribution of electric
energy linked al Department of Mines and Energy, that should have the Mixed Economy Companies
character with stock participation of the Businesses Electrificadoras of theAnd national they located in the
zones that be restructured.
ARTICLE 71. In accordance with the articles 365 and 368 Of the National Constitution, the National
Government by conduit of the Colombian Institute of Electric Energy, ICEL, in its quality of Commercial
and Industrial Business of the State, will take charge of executing directly or through third parties, the
activities related to the generation, broadcast and distribution of electric energy in zones done not
interconnect of the country that be not assigned to other companies of the electric sector. For the
fulfillment of this function should promote the investments in efficient form, with own resources, of the
national budget and those additional assigned by the law.
PARÁGRAFO 1o. In the event that in the zones done not interconnect there be discrepancies between
ICEL and the companies of the electric sector that operate in that area, in relation to the service of energy
for a specific area, corresponds to the Energy Regulation Commission and Gas, to define this situation.
PARÁGRAFO 2o. You be authorized al National Government so that inside the term of six (6) months,
cash from the force of the present Law, restructure and adapt the statutes of the Colombian Institute of
Electric Energy, in harmony with the arranged thing in the present article.
PARÁGRAFO 3o. Inside a not upper term to six (6) months, cash from the force of the present Law, the
national Government through the ICEL, should formulate a National Plan of Energización in zones done
not interconnect, which will include priority you program of replacement of electric generation of
flammable fossils by alternative systems of energy, in agreement with it established in the article 48 Of
the present Law.
PARÁGRAFO 4o. The National Government will prompt the construction, assembly, rehabilitation and
put in operation of small hydroelectric head offices that they be prioritized by the Department of Mines
and Energy.
<Nota del editor>
- In criterion of the publisher, for the interpretation of this article should be should keep in mind it
established by the article 4 Numerales 14.2.1, 14.2.1.1, 14.2.1.2 and 14.2.1.3 of the Law 508 of 1999,
published in the Official Newspaper Not. 43.651 of July 29, 1999.
The text referred is the following one:
ARTICLE 4.
L...L
"14.2.1 ELECTRICITY. The actions of the National Government in the electric sector are oriented to
consolidate the existing regulatory framework, to promote the participation of new agents in the market,
to increase the cover of energy in rural zones -with emphasis on the new departments- and to solve the
problems of administration of the state businesses that threaten the integralidad physical of the system."
"14.2.1.1 GENERATION ELECTRICA. In order to increasing the confiabilidad and solidity of the
system, expects to enlarge the capacity installed, through thermal and water resources to a total of 14.389
MW in the year 2000.
Besides the projects predicted to enter operation in the 2002, the execution of other projects will be
considered that will enter to reinforce the future generation of the country, giving preference al
development of those thermal, hydroelectric projects and geotérmicos that be of most minimum
financially, economically competitive viable, environmental affectation and that by their locating they
become pole of development of the most depressed regions. Especially, preference to those projects will
be given that permit viabilizar the purposes of national and regional development predicted in the
Program of Forests of the National Plan of Development."
"14.2.1.2 ELECTRIC BROADCAST. With the objective that the sector of the broadcast operate low
conditions of competence, and the form broadcast works be assured such that quality be guaranteed,
continuity and security, minimizing the sobrecosto operating by the restrictions and losses by the system,
public assemblies for the design they will be initiated, operation and construction of the same. For the
year 2002 they will have 1.931 additional broadcast lines Km."
"14.2.1.3 EFFICIENT AND RATIONAL USE OF THE ENERGY. The objective of the governmental
politics in matter of efficient and rational use of the energy is directed to achieve the efficiency in the
energy consumption in the country, to substitute the sources of not adequate electric energy al final use
and to optimize the conversion of energy, for which the gasoline replacement program by flammable gas
in traffic transportation will be fortified, the regulatory, technological, and financial facilities will be
createdTo take advantage of the potential of cogeneración and they will develop methodologies of
savings in the most representative subsectors of the industry.
ARTICLE 72. You be authorized al National Government, al Colombian Institute of Electric Energy
ICEL and to Electric Interconnection INC., or to the Business that happen it in its rights and obligations
to alienate for a value that preserve the economic interests of the Nation, in favor of the official
businesses whose object be the generation, broadcast and distribution of existing electricity to the force of
this Law and of the regional electric businessesThat they be organized, the assets of generation that
possess, as well as their participation in shared electricity generation projects.
ARTICLE 73. You be authorized al National Government to alienate for a value that preserve the
economic interests of the Nation, the assets of generation and the regional networks or interregionales of
property electricity broadcast of the Nation located in the regions where to should to be constituted the
regional electric businesses, preferentially in favor of these same companies, according to the law.
ARTICLE 74. The businesses that be constituted later to the force of this Law with the purpose to lend
the public utility of electricity and that they do part of the national system interconnected they will not be
able to have more than one of the activities related to the same one with exception of the
commercialization that can be carried out in form combined with one of the activities of generation and
distribution.
ARTICLE 75. According to the article 189, ordinal 16, of the Political Constitution, and for the purpose
of guaranteeing the adequate development of the present Law, you be authorized al National Government
so that in the term of six (6) months, cash from the force of the present Law, transform into companies of
mixed economy the companies decentralized of the national order, whose object be to carry out an or
several of the activities related to the service of energyElectric.
The Nation will be able to contribute as capital to these businesses, the assets that have received inside the
processes of saneamiento financial, as well as the produced by the alienation of the same.
In the case of the companies decentralized of the territorial order, the regional authorities and competent
localities will order happiness transformation when one more efficient and economic installment of the
service thus they advise it.
PARÁGRAFO. In those companies in which the public participation be superior al 95%, himself will not
apply the numeral 3o. of the article 457 Of the Code of Commerce.
ARTICLE 76. The acts and the contracts, save the ones that refer to contracts of loan, celebrated by the
companies by actions in which the official companies they have participation in their capital stock,
without attention to the amount that said participation dams you, they will be governed for the norms of
the private right.
ARTICLE 77. When the State decide to alienate its stock participation in the companies decentralized
that they lend the service of electric energy in any of its phases, adhering or linked al Department of
Mines and Energy, will offer it preferentially the active workers and pensioners of the respective
company, cooperative, unions and other supportive organizations or of workers.
ARTICLE 78. The Counsel of Ministers, based on a technical concept- financial detailed in function of
the profit value of the company and of the commercial value of their assets and passive, will determine
the floor price, al which should be sold the actions that will be offered the persons indicated in the
previous article.
PARÁGRAFO. The National Government will indicate the special conditions of financing so that the
persons mentioned in the previous disposition they can acquire the actions for sale.
ARTICLE 79. You be authorized al national Government and to the companies decentralized to constitute
companies or to cause contribute of capital to companies linked al electric sector. For such effects, the
Nation will be able to contribute as capital the assets that have received inside the processes of
saneamiento financial or capitalización of companies of the electric sector, as well as the produced by the
alienation of the same, that have not been contributed to the businesses to the ones that refers the article
72 Of this Law.
ARTICLE 80. To the entrance in force of this Law, the businesses that are lending the electricity
distribution service they will continue doing it in the same terms and arranged conditions for the contract
of concession.
ARTICLE 81. The Energy Regulation Commission and Gas will adopt the criteria to establish the
transactions of electricity among the electric businesses and the not regular users during the period of
transition toward a market free, according to it established in the article 42 Of the present Law. The term
of transition will be of three years.
<Nota del editor>
- In criterion of the publisher for the interpretacion of this article should be should keep in mind the
arranged thing in the article 3 Of the Law 632 of 2000, published in the Official Newspaper Not 44.275,
of December 29, 2000.
The text referred is the following one:
"ARTICLE 3o. STATE OF SUBSIDIES FOR THE PUBLIC UTILITY OF ELECTRIC ENERGY. It
will be able to continue applying subsidies inside the limits established in the Laws 142 and 143 of 1994,
once surpassed the period of transition here established.
The period of transition so that the businesses that lend the public utility of electric energy in the national
system interconnected, they reach the limits established in the Laws 142 and 143 of 1994 in matter of
subsidies, will not be able to exceed of December 31, the year 2001.
The time limit so that the prestadores of the public utility of electric energy in the zones done not
interconnect they reach the limits established in matter of subsidies, will not be able to exceed from the 31
of the December of the year 2003.
The Energy Regulation Commission and Gas will establish the gradualidad with the one that you said
limits will be reached".
- In criterion of the publisher, for the interpretation of this article should be should keep in mind it
established by the article 78 Of the Organic Law 508 of 1999, published in the Official Newspaper Not.
43.651 of July 29, 1999.
The text referred is the following one:
"ARTICLE 78. TRANSITION OF THE SUBSIDIES IN THE ELECTRIC SECTOR. The period of
transition so that the businesses that lend the public utility of electric energy they reach the limits
established in the Laws 142 and 143 of 1994 in matter of subsidies, in no case will be able to exceed of
December 31, the year 2002. The Energy Regulation Commission and Gas will regulate the matter.
In every case, the subsidies established in the Laws they will be maintained 142 and 143 of 1994, once
surpassed the period of transition here established.
ARTICLE 82. The it dismantle of the values charged above the costs to the entrance in force of this Law,
will be done in a gradual way and of form concomitante with the establishment and effective payment of
the compensation tarifaria corresponding.
The Energy Regulation Commission and Gas will define for each business the program of corresponding
transition; their application will be conditioned al income of the external subsidies in a total equal to the
values charged excessively, whenever these themselves be not originated in inefficiencies of
management. Its decision will be done by means of the comparison of the real costs with the optimum
structure of costs of installment of the service.
<Nota del editor>
- In criterion of the publisher for the interpretacion of this article should be should keep in mind the
arranged thing in the article 3 Of the Law 632 of 2000, published in the Official Newspaper Not 44.275,
of December 29, 2000.
The text referred is the following one:
"ARTICLE 3o. STATE OF SUBSIDIES FOR THE PUBLIC UTILITY OF ELECTRIC ENERGY. It
will be able to continue applying subsidies inside the limits established in the Laws 142 and 143 of 1994,
once surpassed the period of transition here established.
The period of transition so that the businesses that lend the public utility of electric energy in the national
system interconnected, they reach the limits established in the Laws 142 and 143 of 1994 in matter of
subsidies, will not be able to exceed of December 31, the year 2001.
The time limit so that the prestadores of the public utility of electric energy in the zones done not
interconnect they reach the limits established in matter of subsidies, will not be able to exceed from the 31
of the December of the year 2003.
The Energy Regulation Commission and Gas will establish the gradualidad with the one that you said
limits will be reached".
- In criterion of the publisher, for the interpretation of this article should be should keep in mind it
established by the article 78 Of the Organic Law 508 of 1999, published in the Official Newspaper Not.
43.651 of July 29, 1999.
The text referred is the following one:
"ARTICLE 78. TRANSITION OF THE SUBSIDIES IN THE ELECTRIC SECTOR. The period of
transition so that the businesses that lend the public utility of electric energy they reach the limits
established in the Laws 142 and 143 of 1994 in matter of subsidies, in no case will be able to exceed of
December 31, the year 2002. The Energy Regulation Commission and Gas will regulate the matter.
In every case, the subsidies established in the Laws they will be maintained 142 and 143 of 1994, once
surpassed the period of transition here established.
ARTICLE 83. In the interpretation and application of this Law the constitutional mandates they will keep
in mind themselves, the principles, end and dispositions established in the law, the general principles of
the right, them advanced that they govern the administrative function and the norms that regulate the
conduct of the public servants.
ARTICLE 84. According to what arrange the Statute of Administrative Contracting, the companies of the
sector will not require to the oferentes of goods and services of requisite national origin and different
conditions to them required to the oferentes of goods and foreign services. If the National Government
considers it convenient, when be a matter of the investment projects execution in the energy sector will be
arranged the technological disintegration.
ARTICLE 85. The decisions of investment in generation, interconnection, broadcast and distribution of
electric energy, constitute responsibility of those that they attack them, who assume in their integrity the
risks inherent in the execution and exploitation of the projects.
ARTICLE 86. All the official Businesses of the departmental, national order and, municipal for external
loans processing effects or those originating of the Department of Estate, Findeter, Fonade, FEN and
other official agencies of financing, they should present the corresponding peace and save electric.
ARTICLE 87. The National Government will create the conditions through the Department of Mines and
Energy, the entities of the state, the Universities and the private business, for the investigation,
development and aprovechamiento of small hydroelectric head offices and other alternate sources of
energy.
ARTICLE 88. When the country be seen headed for to execute a rationing of electric energy, whether for
technical limitations or natural catastrophe this will be will carry out continuing the designed features by
the statute of rationing that with such end will establish the Energy Regulation Commission and Gas.
This statute should be inspired in the principles of solidarity and equity so that all the regions attended by
the national system interconnected they participate in the national distribution of the energy deficit.
ARTICLE 89. You be authorized al President of the Republic so that, inside the six (6) following months
to the force of this Law, proceed to dictate the necessary norms to reform the administrative structure of
the Department of Mines and Energy adapting it to the contained dispositions in the present Law.
In development of these attributions, will be able to suppress, to organize, to modify, to redistribute, to
fuse or to create the internal dependences, to assign them its functions and to restructure the plant of
personnel.
ARTICLE 90. The Nation will be able to capitalize direct or indirectly to the Business Multipropósito of
Urrá INC. Inside the capitalización will be able to include contribute them that they be performed or they
have itself performed on the part of the Nation. The capitalización the acquisition of actions of the
Business will be will carry out by means of Multipropósito of Urrá INC., by its nominal value of
thousand pesos ($1.000.00).
ARTICLE 91. It be authorized al President of the Republic by the term of six (6) counted months from
the force of the present Law to restructure the Electrificadora of San Andrés and Providence.
PARÁGRAFO. Créase a Commission Assesses integrated for such effect by the Minister of Mines and
Energy, the Governing one of the Department, the Mayor of the Municipality of San Andrés, two
representatives of the users and two representatives of the private sector of the islands.
ARTICLE 92. The Department of Mines and Energy will participate of the National System of
Cofinanciación in the execution of the plans and projects that are related directly with the electrificación
of the territorial companies and will cause splits member of the Board of directors of the Fund of
Cofinanciación for the Rural Investment, DRI.
PARÁGRAFO. The companies of the electric sector will participate in direct form in the execution of the
projects related to the electrificación of the territorial companies.
ARTICLE 93. The Energy Regulation Commission and Gas, will be able to establish subsidies until a
50% of the cost of the consumption of electric energy for I pump in acueductos public, in the
municipalities of the Fifth, Sixth categories and definite Quarter in the article 6o. Of the Law 136 of 1994.
ARTICLE 94. The budgetary appropriations assigned to the Unit of Energy Mining Planning and to the
Energy Regulation Commission and Gas for the fiscal force of 1994, they will continue executing for the
Unit of Energy Mining Planning and the Energy Regulation Commission and Gas that treat the articles 13
and 21 Of the present Law. These dependences will assume all the obligations contracted with charge to
you said budgetary resources, as well as the legal obligations.
PARÁGRAFO. The officials that be found linked to the plants of personnel of the Energy Regulation
Commission and Gas and of the Unit of Energy Mining Planning they will continue in the exercise of its
functions to so much the National Government adopt the internal structure and the plant of personnel of
the new agencies of regulation and planning of the Department of Mines and Energy.
ARTICLE 95. You be named a Commission of Monitoring al development of this Law conformed by
three (3) Senators and three (3) Representatives of the Constitutional Fifth Commissions of the Senate of
the Republic and the Chamber of Representatives.
ARTICLE 96. For effect of the exceptions that consecrates the referring article to "Agreements and
derogaciones" of the Law on the State of the Home public Utilities in all the referring thing to electric
energy, in the specific case that be opponents, will apply preferably this special Law.
ARTICLE 97. The present Law governs from the date of their promulgation and abrogates the
dispositions that opponents be it, especially, the Laws 113 of 1928, 109 of 1936, 126 of 1938, with
exclusion of the articles 17 and 18 and the article 12 of the Law 19 of 1990.
<Jurisprudencia - Vigencia>
Constitutional cut:
- Aside it underlined declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-228-98 Of
May 20, 1998, Judge Speaker Dr. Carlos Gaviria Díaz.
The President of the honorable Senate of the Republic,
JORGE RAMÓN ELÍAS NADER.
The Secretary general of the honorable Senate of the Republic,
PEDRO PUMAREJO FERTILE PLAIN.
The President of the honorable Chamber of Representatives,
FRANCISCO JOSÉ JATTIN SAFAR.
The Secretary general of the honorable Chamber of Representatives,
DIEGO you LIVE TAFUR.
REPUBLIC OF NATIONAL COLOMBIA-GOVERNMENT.
Publíquese and be executed.
It given in Santafé of Bogota, D.C., 11 of July of 1994.
CÉSAR GAVIRIA TRUJILLO
The vice Minister of Estate and Public Credit, responsible for the functions of the Office of the Treasury
Minister and Public Credit,
HÉCTOR JOSÉ CHAIN CLAVIJO.
The Minister of Mines and Energy,
GUIDO NULE AMÍN
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Dispositions analyzed by Legal Advance Marries Editorial Ltda.© ISSN 1657-6241, "Laws since 1992 - Express
Force and Sentences of Constitutionality", 4 of June of 2004.
It includes analysis of force express And they published constitutionality failures analysis until 4 of June of
2004.
The contained information in this middle was worked on transcriptions carried out from the Official
Newspaper; the failures of constitutionality were supplied by the Constitutional Cut. When it was
possible the texts of the Official Newspaper were taken published by the National Press in Internet.