After three intense months of debate and discussion, in the early hours of this Friday, May 5, the plenary sessions of the Senate and House of Representatives approved the National Development Plan 2022-2026, the navigation chart that President Gustavo Petro will have during his term, which contemplates 1,154 billion pesos for the next four years.

(Read also: Development Plan: this is the final text after the conciliation)

The project approved in the Congress of the Republic, now passes to presidential sanction and from that moment on it was broken into law of the Republic. In the last 61 years, 14 national development plans have been built in Colombia.

But after the analysis, the debate and the reconciliation of the texts in plenary sessions of the Senate and Chamber, which controversial articles revivedadequate they did it with changes, which others without modifications and adequate definitely did not pass the legislative test, we will tell you here.

(You may also be interested in: The articles that fell from the PND and those that fell but could be revived)

Among the issues that had extensive discussion and debate both in the transit of the Development Plan project and in the conciliation, because what was approved in both legislative cells was different is that related to agrarian reform, the report of the truth commission, public purchases through Popular Public Associations, co-financing of public transport systems and changes in mechanical technical inspection, among others.

For example, Article 8, related to the report of the truth commission, which was eliminated in the Senate, but approved by the Chamber, after the reconciliation of both texts was as follows:

ARTICLE 8. Action plan for the acceleration of payment of administrative indemnities. The national Government will implement in a term of up to 18 months, counted from the entry into force of this Law, a plan for efficiency in public spending in order to accelerate the payment of compensation for the victims of the conflict. To this end, the Unit for Victims, with the support of the National Planning Department and the Ministry of Finance and Public Credit,
generate technical, operational and budgetary tools in order to
advance in the payment of administrative compensation to the victims of
conflict.

PARAGRAPH 1. Operational and technical tools. The National Government will adapt the existing mechanisms and will develop the necessary institutional actions in order to overcome the operational and technical difficulties in the payments of administrative compensation to the victims of the armed conflict, guaranteeing the use of clear language.

In Colombia, in more than 50 years of armed conflict, more than 99,000 cases of disappeared persons have been reported.

Photo:

Courtesy Search Unit for Missing Persons

Purchases Associations Public Popular

One of the most controversial issues and the one that raised the greatest doubts during the debate on the Development Plan was the one related to the participation of the Public Popular Associations, such as the community action boards, and on which different control organizations alerted because they could open a new gap for corruption in official contracting. In the final reconciled text, which passed as it came in the Senate report, it was modified in the Chamber. It is about article 100.

In the project, it was proposed, among other aspects, that state entities could start directly entering into contracts for even the minimum amount –that is, from 28 to about 100 minimum wages depending on the contracting party’s budget- with natural persons or non-profit entities that are part of said popular and community economy. In the reconciled text it was as follows:

ARTICLE 100°. Participation in contracting and public purchases through Popular Public Associations. State Entities may directly enter into contracts for up to the minimum amount with natural persons or non-profit entities that are part of the popular and community economy. These contracts will be called Popular Public Associations and may be entered into for the execution of works, or the acquisition of goods and services related to social infrastructure, rural housing, tertiary roads and local roads, culture, local productive infrastructure, energy efficiency projects, production of food, supply of goods and services, community water management, basic sanitation, care economy, environmental and community strengthening, and purchase of products of agricultural origin or destination.

The national government, through the National Planning Department,
will regulate this article.

FIRST PARAGRAPH. The contracting entity will support and accompany the
electronic invoicing process through the free channels enabled
by the Directorate of National Taxes and Customs -DIAN-
as well as the procedures
of the issuance, monitoring and control in case of requiring records and certificates
phytosanitary. With the purpose of facilitating the development of the units and actors
mentioned in this article, the DIAN will have a classification and a
free mechanism of easy access and understanding to the electronic invoice.

SECOND PARAGRAPH. In emergencies and disasters, the
public entities may directly purchase agricultural products
of small agricultural producers and peasants
who have been affected and
donate them to the National Disaster Risk Management Fund.

First mechanical technical review

The proposal that seeks to reduce the time for the mechanical technical review of new vehicles by one year was also very controversial, something that many considered as a favor for the diagnostic centers that do this labor and a hard blow to the pocket of the Colombians who have a car for their daily mobilization and work. Although that time dropped from 6 to 5 years, both in the Senate and in the Chamber, the article dealing with that proposal passed, but with modifications, as indicated in article 179 of the final text approved this morning.

ARTICLE 52. First review of motor vehicles. New private service vehicles, other than motorcycles and the like, will undergo the first technical-mechanical and polluting emissions review from the fifth (5th) year counted from the date of their registration in the national automotive registry. LNew public service vehicles, as well as motorcycles and the like, will undergo the first technical-mechanical and polluting emissions review after two (2) years counted from the date of registration.

PARAGRAPH. Motor vehicles with foreign license plates, which temporarily enter the country for up to three (3) months, will not undergo the technical-mechanical and polluting emissions review.