Decreto 450/2025 · rewriting Leyes 15.336 and 24.065, ending CAMMESA as central buyer, 24-month transition to July 2027
Where it stands: In force since 7 July 2025; Secretaría de Energía and CAMMESA rulemaking under way inside the 24-month transition
Signed on 4 July 2025 and published on 7 July 2025, Decreto 450/2025 approves the adapted text of Ley 15.336 and a consolidated Ley 24.065: distributors must buy through spot purchases and competitive term contracts instead of a single administered supply, the dispatch operator becomes a company whose state shareholding can fall to 10 percent with a veto, and the Secretaría de Energía has 24 months to transfer CAMMESA's energy and fuel contracts to demand and supply.
The problem
Two decades of emergency rules had turned Argentina's wholesale market inside out. CAMMESA, designed as a dispatch operator and clearing house, had become the counterparty that bought fuel, signed generation contracts on behalf of demand, and sold to distributors at a seasonal price fixed by the Secretaría de Energía far below cost, with the difference covered by the treasury. Generators were paid administratively set remuneration rather than market prices, term contracting between private parties had almost disappeared, and no distributor had an incentive or a mechanism to hedge. Rebuilding a market required changing the framework laws themselves, which the Executive could only do because article 162 of Ley 27.742 delegated the power for a fixed period.
What it does
Decreto 450/2025, dated 4 July 2025 and published in Boletín Oficial 35.701 on 7 July 2025, approves in Annex I the adaptations to Ley 15.336 and in Annex II the adaptations to Ley 24.065 together with its consolidated text, in force from publication. Electricity is redefined as a thing capable of commerce under the Civil and Commercial Code and purchases and sales as ordinary civil and commercial acts. A new article 12 bis of Ley 15.336 declares that local rules blocking pass-through of wholesale purchase cost to final tariffs, blocking payment of distributors' debts through the dispatch operator, or undermining the market's financial self-sufficiency interfere with federal objectives. In Ley 24.065, article 8 recognises the comercializador as a market agent and article 10 defines the gran usuario or usuario libre as anyone contracting supply independently for its own consumption; article 35 makes the Organismo Encargado del Despacho a joint-stock company, initially majority-owned by the Secretaría de Energía, with the state holding reducible by the Executive to 10 percent while retaining board participation and a veto, and directs it to execute freely agreed contracts between generators, traders, large users and distributors in a term market and to dispatch the remainder in a spot or opportunity market. Article 36 requires generators to be paid a uniform price per delivery point based on the system's economic cost, with the cost of unserved energy taken into account, and distributors to pay a uniform price stabilised every 90 days. Article 40(c) requires the distribution tariff's energy term to reflect both spot purchases and the weighted average of term contracts procured in competitive processes under rules the Secretaría de Energía must issue, itemised on the customer's bill. Article 39 bis declares that term-market contracts are necessary to national policy so that local measures obstructing or taxing them interfere with it. Article 3 fixes a 24-month transition from entry into force for rewriting the implementing rules, and article 4 orders the Secretaría de Energía during that period to promote hydrocarbon-market deconcentration so generators can contract their own fuel, secure collection from distributors, set thermal remuneration criteria that reward efficient fuel buying, establish the progressive transfer to distributors and large users of the power purchase contracts CAMMESA signed on behalf of demand, transfer CAMMESA's fuel contracts to supply, and review all of Los Procedimientos approved by Resolución 61/1992 to decide their repeal or an end date.
Market effect
This is the largest change to Argentine wholesale power since 1992 and it moves risk from the treasury to market participants. Once the contract transfer under article 4 is executed, a distributor's energy cost stops being a political number and becomes the weighted average of its own competitive term procurement plus spot exposure, which creates, for the first time in twenty years, real demand for hedges and a business for traders. Generators gain the ability to contract fuel directly and to sell forward to private counterparties instead of depending on administered remuneration, which raises the value of efficient combined-cycle and of flexible capacity and should compress the spread between the best and worst thermal operators. The 90-day stabilisation of the price distributors pay keeps a buffer against spot volatility but is far shorter than the old seasonal regime and passes cost changes through within a quarter. The state's ability to cut its stake in the dispatch operator to 10 percent while keeping a veto reframes CAMMESA as market infrastructure rather than a state trading desk. The risks are execution risks: the transfer of legacy contracts, many of them dollar-denominated PPAs with renewable and thermal plants, has to land on balance sheets that can carry them, and the whole reform sits on a delegated decree whose parent delegation has expired, so it is exposed to litigation and to a future Congress.
Key numbers
- Publication and entry into force
- Boletín Oficial 35.701 on 7 July 2025; in force from publication
- Transition period
- 24 months from entry into force, to about 7 July 2027
- Price stabilisation for distributors
- Uniform price per reception point, stabilised every 90 days
- State stake in the dispatch operator
- Initially majority; reducible by the Executive to 10 percent with board participation and veto
- Legal basis
- Delegation in articles 161 and 162 of Ley 27.742
Who gains and who pays
- Generators and traders (gains): Free term contracting, direct fuel procurement and marginal-cost-based remuneration.
- Distributors (obligation): Must procure through competitive term contracts and spot, and carry transferred CAMMESA contracts.
- Large users and self-suppliers (gains): Statutory right to contract supply independently and protection of term contracts from local obstruction.
- CAMMESA (mixed): Becomes a company whose state stake can fall to 10 percent and loses its central purchasing role.
- Provinces and local regulators (costs): Local rules blocking cost pass-through or term contracts are declared to interfere with federal policy.
Implementation
Everything that matters now happens in Secretaría de Energía resolutions and CAMMESA procedures during the 24-month window that ends in July 2027: the competitive-contracting rules for distributors required by article 40(c), the mechanism and timetable for transferring the legacy power and fuel contracts, the guarantee and collection regime that makes distributors bankable counterparties, the new thermal remuneration criteria, and the wholesale review of Los Procedimientos approved by Resolución 61/1992. The decree was reported to the Comisión Bicameral Permanente under article 6. Because the article 162 delegation lapsed in July 2025, no further decree can extend the rewrite, so any correction must come by resolution within the approved texts or by a new law. The practical milestone to track is the first competitive term-contracting round run by a distributor under the new article 40(c) rules.
Concerns
- Legal exposure of a rewrite of two framework laws by delegated decree
- Credit quality of distributors as counterparties once CAMMESA steps back
- Sequencing risk in transferring legacy dollar PPAs and fuel contracts
- Provincial resistance to the pass-through and term-contract supremacy clauses
- Whether the 24-month transition is long enough to build competitive procurement capability
Dates to watch
- 2026: Rules for distributors' competitive term contracting and the start of contract transfer
- 2027-07: End of the 24-month transition period for rewriting the implementing rules
Sources
- Decreto 450/2025, Adecuaciones a la Ley N° 15.336 y Ley N° 24.065 (texto original), Poder Ejecutivo Nacional / InfoLEG (official text)
- Ley 27.742, arts. 161 and 162 (delegation to adapt Leyes 15.336 and 24.065), Congreso de la Nación / InfoLEG
- CAMMESA: wholesale electricity market administration, Compañía Administradora del Mercado Mayorista Eléctrico
- Secretaría de Energía: energía eléctrica, Secretaría de Energía, Ministerio de Economía
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