In the midst of the strong controversy that has unleashed among the analysts and experts in fiscal matters the presentation of a budget amount for 2026, for $ 557 billionvalue greater than the one announced in the draft, the government, through the National Planning Department a regulatory change that It will affect the flows planned for infrastructure projects that are underway and that are leveraged with future validities, under the Private Public Association scheme (APP).
Indeed, Portfolio knew a draft decree to modify an article of Decree 1082 of 2015, which currently limits the possibility of reprogramming future validity to the cases in which only the deadline is modified, without affecting the annual distribution, which prevents performing “”Reasonable adjustments during the execution of the app projects without exceeding the total amount approved, nor the term”
(You can read: Government and Mayor of Bogotá agree to postpone turns for lines 1 and 2 of the subway).
The Decree Project argues that the current regulations need to be adapted to allow, under defined technical, legal and fiscal conditions, the reprogramming of the term and/or the annual distribution of previously authorized future validity can be requested, provided that the total amount authorized to constant weights of the initial authorization is not increased and that the consistency with the consistency with the Medium -term fiscal framework and the approved sectoral quotas.
And he adds that the objective of this adjustment is to facilitate adequate budget and contractual management within the framework of the Public-Private Association Projectswithout implying a new budget authorization, nor affecting the powers conferred by the Law to the National Fiscal Policy Council (Confis).
The adjustment occurs just when the Mayor’s Office of Bogotá and the Government agreed to postpone the contributions for the remaining subway this year.
National Infrastructure Agency
The adjustment to reprogram these resources, keys to concessioned roads and other projects that are carried out under the APP scheme, It occurs just when it was known that the Mayor’s Office of Bogotá and the Government agreed to postpone the contributions for the remaining Bogotá Metro of this year, in particular the July turns and the contributions of the second line, so that it is the next government that makes the payments.as time revealed.
What are the requirements for the adjustment?
As indicated by the Decree Project, for this purpose, the entities or executing bodies may request the confiscation of approved future validity from the confis Article 2.2.2.1.2.2 Decree 1082 of 2015Administrative sector of national planning.
(Further: Fusagasugá enters the Bogotá – Cundinamarca metropolitan region).
The foregoing, as long as this does not imply changes to the total authorized amount in constant pesos of the initial authorization. According to the text of the Decree Project, the following requirements must be met.
1. Technical, legal and financial justification of the reprogramming of future validity by the entity or executing body, in relation to the specific Public Private Association project, the need for adjustment based on contractual execution.
2. Proposal of the entity or executing organ of the new annual commitments scheduleindicating the amounts by fiscal validity, which ensures the availability of funds for the fulfillment of the economic and financial commitments for the execution of the Private Public Association project.
3. Certification by the entity or executing body in which it is stated that the reprogramming of future validity does not imply an increase in the total contract value in constant pesos of the initial authorizationand that the forecast contractual modification (in case it applies) is adapted to the limits in terms of term, additions and extensions provided for in Law 1508 of 2012, and the rules that replace, add or regulate it.
4. Prior favorable concept of the ministry or head entity of the sector on the viability of the reprogramming of the future validity requested.
5. Prior favorable concept of the ministry or head entity of the sector, which certifies that the values included in the reprogramming proposal of future validity have availability within the assigned sector quota.
The Decree project indicates that “the reprogramming of future validity referred to in this article will be understood as a redistribution of commitments previously.”
Archive time
In the final part, the draft decree indicates that “The reprogramming of future validity referred to in this article will be understood as a redistribution of commitments previously”
(You may be interested: Enel invested 1.3 billion pesos to strengthen electrical infrastructure).
In the decree project, the Executive also indicates that, in application of the Development planthe State must analyze the impact of direct and indirect public spending, looking for a relationship between the destiny of resources and the expected result. “In this line, it is necessary to strengthen the monitoring and analysis of the efficiency inherent in the use of the resources that are fiducias and prevent them from being trapped in the financial system, without fulfilling the object of its budget appropriation”, Affirms another of the considerations of the Decree Project.
Ómar G. Ahumada Rojas
Portfolio General Editor
