Provisional measure no. 39, 2,163? 28 JUNE 2001 Adds device to law No. 9605 of February 12, 1998, which provides for criminal penalties and administrative conduct and activities derived from affecting the environment.
The PRESIDENT of the REPUBLIC, in the use of the role that gives the art. 62 of the Constitution, adopts the following provisional measure, with force of law: Art. 1 law No. 9605 of February 12, 1998, apply the following article: "Art. 79. A. for the compliance with the provisions of this law, the environmental agencies members of SISNAMA, responsible for implementation of programmes and projects and for control and monitoring of establishments and activities likely to degrade environmental quality, are hereby authorized to celebrate, with extrajudicial enforcement force, term of engagement with individuals or companies responsible for the construction, installation, expansion and operation of establishments and activities users of environmental resources considered effective or potential polluters.
(1) the term of appointment referred to in this article devote??, exclusively, to enable individuals and companies mentioned in the caput may promote the necessary corrections of its activities, to meet the requirements imposed by the competent environmental authorities, being compulsory for its instrument providing for: (I)? the name, address and qualifications of the parties committed and their legal representatives;
II. the period of validity of the commitment, which, depending on the complexity of the obligations laid down therein, may vary between a minimum of 90 days and a maximum of three years, with possibility of extension for an equal period;
III. the detailed description of your object, the value of the investment and the timetable for the implementation and deployment of the works and services required, with quarterly goals to be achieved;
IV. the fines that can be imposed on the person or entity committed and cases of termination, due to not meeting obligations agreed it?;
V? the value of the fine contemplated in item IV cannot be greater than the value of the investment planned;
I SAW? the jurisdiction to resolve disputes between the parties.
paragraph 2 with regard to projects in progress until the day 30 March 1998, involving construction, installation, expansion and operation of establishments and users of environmental resources, activities considered effective or potential polluters, the signature of the term of appointment shall be requested by individuals and legal entities concerned, until 31 December 1998, upon written request from the competent bodies together docketed SISNAMA and must be signed by the maximum leader of the establishment.
§ 3 the date of protocolização of the request provided for in paragraph 2 and while last the duration of the corresponding term of commitment, will be suspended, in relation to facts which gave cause for celebration of the instrument, the application of administrative sanctions against the person or entity that is signed.
§ 4 conclusion of the term of commitment that this article does not prevent the execution of any fines imposed before the protocolização of the application.
§ 5 Considers himself terminated as of right the term of commitment, when refused any of its clauses, except for the unforeseeable circumstances or force majeure.
§ 6 the term of commitment must be made within 90 days of the protocolização of the application.
§ 7 the application for conclusion of the term of appointment should contain the information necessary to verify the technical and legal feasibility under penalty of rejection of the plan.
§ 8 under penalty of ineffectiveness, the terms of appointment shall be published in the official competent body by extract. " (NR)
Art. 2 Are convalidados the acts performed on the basis of provisional measure no. 2,073? 38, of 13 June 2001.
Art. 3 This provisional measure shall enter into force on the date of its publication.
Art. 4 Repeals? if the provisional measure no. 2,073-38, June 13 2001.
Brasília, 28 June 2001; 180 degrees of independence and 113 of the Republic.
FERNANDO HENRIQUE CARDOSO, Pedro Parente