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Decree No. 5731, Of 20 March 2006

Original Language Title: Decreto nº 5.731, de 20 de Março de 2006

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DECREE NO 5,731, DE March 20, 2006.

Disposes about the installation, the structure organizational of the National Civil Aviation Agency-ANAC and approves of its regulation.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments conferring you the art. 84, incisos IV and VI, paragraph "a", of the Constitution, and in view of the provisions of the Act No 11,182 of September 27, 2005,

DECRETA:

Art. 1º Stay Approved the Regulation, Demonstrative Frameworks of Effective And Commissioned Loads, the Framework-Summary of Commissioned Cargoes Costs, the Framework for Exercise Gratifications in Trust Cargo-Officer-Generals and Officers, and the Table of Representation Gratifications by the Functional Exercise-Graduates of the National Civil Aviation Agency-ANAC, in the form of the Annexes I to V to this Decree.

Art. 2º The Permanent Delegation of Brazil to the Council of the International Civil Aviation Organization-OACI, subordinated to the Ministry of Foreign Affairs, will act in coordination with ANAC and the Aeronautics Command in matters of nature technique, cabendo:

I-the Minister of State for Foreign Affairs nominate the head of the Brazilian Delegation ;

II-to the ANAC Directorate appoint the assessor of the Brazilian Delegation responsible for matters concerning international air transport ; and

III-to the Aeronautical Commander shall appoint the advisor of the Brazilian Delegation responsible for matters pertaining to international air navigation.

Art. 3º The internal regiment of the ANAC shall be approved by the Directorate and published in the Official Journal of the Union, within the period of up to ninety days, counted from the date of publication of this Decree.

Art. 4º As of the date of publication of this Decree, the ANAC shall be invested in the full exercise of its assignments, it shall be for you to exercise control over all activities, concession contracts and permission and authorizations for air services, concluded by organs or entities of the direct or indirect administration of the Union.

§ 1º Until the extinction of the Civil Aviation Department-DAC and too much units of the Aeronautical Command that had their assignments absorbed by the ANAC, in the terms of the art. 42 of the Act No 11,182 of September 27, 2005 and observed the time limit of which it treats § 5th Art. 14 of this Decree, the assignments referred to in the caput shall be exercised with the aid of those units, under the coordination of the ANAC.

§ 2º The units referred to in § 1st shall provide all necessary support to the appropriate operation of the ANAC, until the inventory is completed and declared the extinction of these units.

§ 3º Decreated the extinction of the DAC and of the units that had their activities absorbed, fully or in part, by the ANAC, will be remanded to the Ministry of Planning, Budget and Management all commissioned posts and gratuities to them allocated.

Art. 5º Stay transferred to ANAC:

I-the technical and patrimonial acquis, obligations, rights and revenue:

a) of the DAC ;

b) of the Institute of Civil Aviation ;

c) of the Commission on Relative Studies to International Air Navigation-CERNAI, in what it says respect for air transport and other competencies absorbed by ANAC ;

d) of the Institute of Fomento and Industrial Coordination, of the Command-General of Technology Aerospace, in relation to civil aviation and the other competencies absorbed by ANAC ; and

e) of other units of the Aeronautical Command that have had assignments transferred to the ANAC ;

II-the budget balances required for the fulfillment of structural expenses and maintenance of the ANAC, using as resources the budgetary allocations intended for the finalistic and administrative activities, observed the same subprojects, subactivities and expenditure groups provided for in the Budget Law in force.

Art. 6º The Ministry of Defence, through the Aeronautical Command, shall provide the services that the ANAC requires, during one hundred and eighty days after its installation, the expenses arising from the activity, excluded the remuneration of the servers, to be ressarcated by ANAC.

Single Paragraph. After the deadline set in the caput of this article, arrangements may be made for the provision of the services.

Art. 7º The federal public servants deemed necessary for the activities of ANAC and that on December 31, 2004, were found to be in exercise in the units of the Ministry of Defence, whose competencies have been transferred to it, will be redistributed, integrating your Specific Personnel Framework.

Art. 8º ANAC will be able to requisition, with onus, servers and employees of organs and entities in federal public administration.

Single Paragraph. During the first twenty-four months subsequent to its installation, ANAC will be able to supplement the remuneration of the requested public servant or employee, up to the limit of the remuneration of the effective post or permanent employment occupied on the organ or on the entity of origin, when the application involves reducing that remuneration.

Art. 9º Under the terms of the inciso IX of the art. 37 of the Constitution, is ANAC authorized to make temporary hiring of personnel indispensable to the implantation of its activities, by non-surplus time to thirty-six months, to be counted from the publication of this Decree.

Single Paragraph. Temporary hires will be made for a given time, observed the maximum period of twelve months, and may be extended, provided that its duration does not exceed the final term of the authorization that it treats the caput.

Art. 10. The remuneration of the contracted staff in the terms referred to in art. 9th shall refer to the values set out in joint act of the ANAC and the central body of the Federal Administration's Civil Personnel System-SIPEC.

Art. 11. It is the ANAC authorized to cost the expenses with removal and stay of the professionals who, by virtue of appointment to commissioned positions of Direction, Executive Management and Advisor of CD I and II levels, CGE I and II, CA I and II, and for the Technical Commissioned Positions, at CCT IV and V levels and corresponding Military Gratuities, come to have exercise in a city other than their domicile, as per ANAC's specific standard, observed the limits of established values for direct federal public administration.

Art. 12. The military of the Aeronautical Command, of the active, in exercise in the organs of the Aeronautical Command, corresponding to the activities assigned to the ANAC, pass on it exercise, being considered as in service of a military nature.

§ 1º The military of the Aeronautical Command to which the caput of this article refers should return to the Force within the maximum period of sixty months, from that date, to the minimum reason of twenty per cent every twelve months.

§ 2º The Aeronautical Command is expected to send to ANAC, at least one hundred and twenty days, relationship of the military who are expected to return to the Force.

§ 3º The Aeronautical Command will be able to replace, at its discretion, the military in exercise in the ANAC, and must, for so long, observe the deadline stipulated in § 2º.

§ 4º Case inexistence interest of the ANAC Board in receiving the military in replacement, in the form provided for in § 3rd, the provisions of § 1º shall apply.

§ 5º The military that it treats this article will only be able to be moved in the interest of the ANAC and with authorization from the Commander of Aeronautics.

Art. 13. The military of the Aeronautical Command, of the active, in exercise at ANAC, will be able to carry out assignments corresponding to the positions of Executive Management, Advisor, Assistance and Commissioned Officers of their structure, making jus, in that case, the Gratifications of Exercise in Cargo of Trust and Representation by the Exercise of Function, deprivation of the military.

Single Paragraph. It is up to the Directorate to have the granting of the gratuities that it treats the caput of this article.

Art. 14. The Minister of State for Defence shall establish special commission in order to coordinate the inventory work of the goods and obligations transferred to the ANAC.

§ 1º The Union's real estate, used by the organs of the Aeronautical Command, to be transferred to the ANAC, becomes by her administrated.

§ 2º It will not be transferred real estate of the indissociable Union of military installation of the Command of Aeronautics.

§ 3º The contracts for the provision of services, including those concluded for a specified time, under the terms of Law No 8,745 of December 9, 1993, and of supply of materials, as well as the materials of consumption and congeners purchased to meet, in whole or in part, the needs of the organs of the Aeronautical Command whose assignments were absorbed by the ANAC, will be transferred or sub-rogated, in whole or in part, in favour of ANAC.

§ 4º The sub-rogation of contracts that it treats § 3rd is conditional on existence, on ANAC, of the budget allocation to deal with the expenditure, and must appear in the term of sub-rogation the new classification of the resources for them intended.

§ 5º The deadline for the completion of the work of the special commission of which it treats the caput will be of ninety days, extend up to the limit of one hundred and eighty days, at the end of which the pending arrangements should be made by it transferred to the ANAC or the Aeronautical Command, in what couber.

Art. 15. The Minister of State for Defence will institute commission to establish procedures, define programming and monitor the return to the Aeronautical Command of the active military personnel who pass the exercise in ANAC.

Single Paragraph. It is up to the ANAC to maintain structure of its own, at headquarters and in regional units, to perform the activities and procedures set out in the form of the caput.

Art. 16. The ANAC will adapt, within one hundred and eighty days, the concession contracts or delegation arrangements for the administration and operation of aerodromes, concluded by the Union with federal administration bodies or entities, direct or indirect, from the States, the Federal District and the Municipalities.

Art. 17. This Decree shall enter into force on the date of its publication.

Brasilia, March 20, 2006 ; 185º of the Independence and 118º of the Republic.

LUIZ INACIO LULA DA SILVA

Jose Alencar Gomes da Silva

Paulo Bernardo Silva

ANNEX I

REGULATION OF THE NATIONAL CIVIL AVIATION AGENCY-ANAC

CHAPTER I

OF NATURE, HEADQUARTERS, PURPOSE AND COMPETENCE

Art. 1st The National Civil Aviation Agency-ANAC, autarchy under special regime, created by Law No 11,182 of September 27, 2005 with administrative independence, financial autonomy, absence of hierarchical subordination and fixed term of its leaders, with headquarters and venue in the Federal District, linked to the Ministry of Defence, is aimed at regulating and scrutinizing the civil aviation and infrastructure activities and airport infrastructure activities.

Art. 2nd ANAC, in the exercise of their competencies, should observe guidelines, guidelines and policies formulated by the Civil Aviation Council-CONAC, in the terms of art. 3rd of the Act No. 11,182, 2005.

Art. 3rd ANAC will act as Civil Aviation Authority.

Art. 4th It is for ANAC to adopt measures for the service of the public interest and for the development and promotion of civil aviation, the Country's aeronautical and airport infrastructure, acting with independence, legality, impersonality and advertising, competing:

I-implement, in its sphere of acting, the civil aviation policy ;

II-represent the Country together with international civil aviation bodies, except in the matters concerning the air space control system and the aeronautical accident investigation and prevention system ;

III-draw up reports and issue opinions on agreements, treaties, conventions and other acts pertaining to international air transport, concluded or to be concluded with other countries or international organizations ;

IV-carry out studies, establish standards, promote the implementation of standards and international civil aviation recommendations, observed the agreements, treaties and international conventions of which the Federative Republic of Brazil is a party ;

V-negotiate the establishment of agreements and treaties on air transportation international, observed the guidelines of the CONAC ;

VI-negotiate, conduct exchange and articulate with aeronautical authorities foreign, for reciprocal validation of activities concerning the flight safety system, including when involving certification of aeronautical products, from companies providing services and manufacturers of aeronautical products to aviation civil ;

VII-regular and monitor the operation of air services provided, in the Country, by companies foreign, observed the agreements, treaties and international conventions of which is part the Federative Republic of Brazil ;

VIII-promoting, together with the competent bodies, compliance with international acts on civil aviation ratified by the Federative Republic of Brazil ;

IX-regular the conditions and designation of Brazilian airline to operate in the exterior ;

X-regular and scrutinise air services, aeronautical products and processes, the training and training of specialized personnel, ancillary services, civil aviation safety, air transport facilitation, the habilitation of crew members, pollutant emissions and aeronautical noise, reservation systems, the passenger and cargo handling and the other civil aviation activities, ressaved the competencies of the Aeronautical Command on the airspace control activities ;

XI-expedition rules on safety in airport area and on board civil aircraft, transport and transport of dangerous loads, including the size or transport of weaponry, explosives, bélc material or any other products, substances or objects that may endanger the crews or passengers, or the aircraft itself or, still, that are harmful to health ;

XII-regular and scrutinize the measures to be adopted by the companies' providers of air services, and airport infrastructure explorers, for prevention as to the use by their crew or technical maintenance and operation personnel that have access to aircraft, number of narcotic or psychotropic substances, which can determine physical or psychic dependence, permanent or transient ;

XIII-regular and scrutinize the outorship of air services ;

XIV-grant, allow or authorize the exploitation of air services ;

XV-promote apprehension of civil-use aeronautical goods and products, which are in disagreement with specifications ;

XVI-scrutinizing civilian aircraft, its components, equipment and services of maintenance, with the aim of ensuring compliance with the flight safety standards ;

XVII-proceed to homologation and issue certificates, attestations, approvals and authorizations, relating to the competence activities of the civil aviation flight safety system, as well as licenses of crew and technical and physical and mental ability certificates, observed the standards and standards by it established and, in particular:

a) homologation and certify aeronautical industrial products and processes ;

b) recognize the type-approval and foreign certification, pursuant to the agreements international with other countries ;

c) expedition "Company-approval certificate" for manufacturers of products aeronautics, supervising-as;

d) expedition "Certificate of Type-approval of Type" ;

e) expedition "Experimental Flight Authorization Certificate" ;

f) approve the airworthiness of aeronautical products for export ;

g) homologation and expedition of aerial transport company type-approval certificate ;

h) homologation and expedition of certification of review company, repair or maintenance of aircraft, engines, propellers and other aeronautical products ;

i) inspect aircraft for dispatch of airworthiness certificates ; and

j) grant airworthiness certificates for aircraft ;

XVIII-administer the Brazilian Aeronautical Record ;

XIX-regular transport time permits (HOTRAN), observed Conditioners of the Brazilian Air Space Control System and the available airport infrastructure ;

XX-compose, administratively, conflicts of interest between service providers aviation and airport infrastructure and airport infrastructure ;

XXI-regular and monitor the aeronautical and airport infrastructure, with the exception of the activities and procedures related to the air space control system and with the aeronautical accident investigation and prevention system ;

XXII-regular and monitor the aeronautical and airport infrastructure, targeting the ensure its compatibility with environmental protection and land-use planning ;

XXIII-approve the directors' plans of airports and state aerovial plans ;

XXIV-propose to the President of the Republic, through the Minister of State for Defence, the declaration of public utility, for the purposes of misappropriation or institution of administrative servitude, of the goods necessary for the construction, maintenance and expansion of the aeronautical and airport infrastructure ;

XXV-grant or authorize the exploitation of the airport infrastructure, in whole or in part ;

XXVI-establish the tariff regime, revisions and readjustments regarding the exploitation of the airport infrastructure ;

XXVII-homologate, register and cadastrar the aerodromes ;

XXVIII-raising, administering and supplementing resources for the operation of aerodromes of federal, state or municipal interest ;

XXIX-approve and monitor construction, reform and extension of aerodromes and their opening to traffic, observed legislation and relevant standards and after prior analysis by the Aeronautics Command, under the security of air navigation security ;

XXX-expedite standards and standards that ensure compatibility, integrated operation and the information interconnection between aerodromes ;

XXXI-expedite standards and establish minimum flight safety, performance, and efficiency, to be met by air service providers and aircraft and airport infrastructure, including as for equipment, materials, products and processes that they use and services they provide ;

XXXII-expedition certificates of airworthiness ;

XXXIII-regular, supervise and authorize air services provided by aeroclubes, schools and civil aviation courses ;

XXXIV-expedition, homologation, or recognize the certification of products and processes civilian use aeronautics, observed the standards and standards by it established ;

XXXV-to integrate the Aeronautical Accident Investigation and Prevention System- SIPAER ;

XXXVI-clamp down on infractions to legislation, including as to the rights of users, and apply for the cableable sanctions ;

XXXVII-raise, administer, and apply your recipes ;

XXXVIII-hire personnel for a given deadline, according to the legislation applicable ;

XXXIX-acquire, administer and alienate your goods ;

XL-present to the Minister of State for Defense proposed budget ;

XLI-draw up and submit the annual report of its activities to the Ministry of Defense and, through the Presidency of the Republic, to the National Congress ;

XLII-approve your internal regiment ;

XLIII-administer the public office, the commissioned posts and the gratuities of which treats this regulation ;

XLIV-decide, in a final degree, on the subjects of its competence ;

XLV-deliberating, in the administrative sphere, as to the interpretation of legislation on aerial and aviation infrastructure and airport infrastructure, including missing cases, when there is no normative guidance from the Union Advocacy-General ;

XLVI-deliberating, in the technical sphere, on the interpretation of standards and recommendations international relating to the civil aviation flight safety system, including the missing cases ;

XLVII-edit and give advertising to the instructions and regulations required for application legislation and this Regulation ;

XLVIII-promote studies on the logistics of air transport and transportation intermodal, along axes and production flows, in articulation with the other competent governmental bodies and private entities interested ;

XLIX-firming arrangements for technical and administrative cooperation with organs and entities governmental, national or foreign, with a view to the efficient decentralization and oversight of the civil aviation and aviation infrastructure and airport infrastructure sectors ; and

L-contribute to the preservation of historical heritage and the memory of civil aviation and of the aeronautical and airport infrastructure, in cooperation with the institutions dedicated to the national culture, guiding and encouraging the participation of the companies in the sector.

§ 1st ANAC will be able to accredit, under the terms set out in specific standard, persons physical or legal, public or private, of notorious specialization, in accordance with internationally accepted standards for civil aviation, for dispatch of lauds, opinions or reports that demonstrate compliance with the requirements necessary to the issuance of certificates or attestation relating to the activities of their competence.

§ 2nd ANAC will observe the specific prerogatives of the Aeronautical Authority, assigned to the Commander of Aeronautics, concerning the editing of air space standards and procedures.

§ 3rd The Commander of Aeronautics will edit, in coordination with ANAC, ressaved the emergency or emergency situations, standards and airspace control procedures that have economic or operational repercussions in the provision of aerial and aviation infrastructure and airport infrastructure.

§ 4th When it comes to shared aerobodrome, from aerodrome of military interest or of aerodrome administered by the Command of the Aeronautics, the exercise of the powers provided for in the incisos XXIII, XXIV, XXV, XXVII, XXIX and XXX of this article will be given in conjunction with the Aeronautics Command.

§ 5th Without prejudice to the provisions of the inciso X of this article, the execution of air services of aerolevanishment will depend on authorization issued by the Ministry of Defence.

§ 6th Without prejudice to the provisions of the inciso XI of this article, the authorization for transport of explosive and boric material in civil aircraft that depart or target the Brazilian aerodrome or with overflight of the national territory is a competence of the Aeronautics Command.

§ 7th For the purposes provided for in this Regulation, the Air Space Control System Brazilian will be explored directly by the Union, through the Aeronautical Command, or by entity to whom he delegates.

§ 8th The expressions aeronautical infrastructure and airport infrastructure, mentioned in this Regulation, refer to civilian infrastructure, not by applying the provisions in it to military infrastructure.

§ 9th The exercise of the ANAC's tasks in the international sphere shall give in coordination with the Ministry of Foreign Affairs and, in the tange of international air navigation, with the Aeronautical Command.

Art. 5th Constitutes Aeronautical and Airport Infrastructure, for the purpose of guidance, coordination, regulation and surveillance of ANAC, the set of organs, facilities or land structures supporting civil aviation, to promote it security, the regularity and efficiency, comprising, in the terms of art. 25 of Law No 7,565 of December 19, 1986:

I-the airport system ;

II-the flight safety system ;

III-the Brazilian Aeronautical Registration system ;

IV-the system of facilitation, security and coordination of air transport ;

V-the system of training and adestration of personnel intended for civil aviation and the civilian aeronautical infrastructure ;

VI-the aeronautical industry system ;

VII-the system of ancillary services ; and

VIII-the system of coordination of the aeronautical infrastructure.

§ 1st For the effects of this article, system is the set of organs and elements related to each other for specific purpose, or for the interest of guidance, coordination, supervision, surveillance and regulation, not entailing hierarchical subordination.

§ 2nd The installation and operation of any aeronautical infrastructure service and airport, within or outside the public civil aerodrome, will depend on prior authorization of the ANAC, which will scrutinize it, respected the assignments of the other authorities.

Art. 6th In the exercise of its assignments, it is up to the ANAC to ascertain, adjudicate, apply penalties or adopt administrative arrangements for infractions provided for in the Act No. 7,565, 1986, and in supplementary legislation, including those relating to tariffs and conditions general transportation, as well as knowing the respective resources.

Single Paragraph. The provisions of the chaput of this article also apply to the infractions relating to the Brazilian Air Space Control System.

Art. 7th Ressaved the specific assignments laid down in law, air traffic and the entry and exit of the Brazilian airspace shall submit to the standards, guidance, coordination, control and supervision of the Aeronautical Command, in the terms provided for in the arts. 11 a to 22 of the Act No. 7,565, 1986.

§ 1st Subordinate, too, to the guidance, coordination, control and surveillance of the Aero Command the air traffic control activities, aeronautical telecommunications and air navigation aids, aeronautical meteorology, cartography and aeronautical information, search and rescue, flight inspection, from coordination and supervision of specific technical education, manufacturing supervision, repair, maintenance and distribution of ground equipment for air navigation and research and prevention of aeronautical accidents arts. 47, 48 and 86 a to 93 of the Act No. 7,565, 1986.

§ 2nd The Aeronautical Commander shall establish the legal regime of the " Tariffs of Use of the Communications and Aid to Air Navigation on Route ", observed the provisions of § 3rd Art. 4th this Regulation.

Art. 8th With the aim of harmonizing its institutional actions in the area of defence and promotion of competition, ANAC will celebrate arrangements with the relevant Federal Government bodies and entities on the subject matter.

Single Paragraph. When, in the exercise of their assignments, the ANAC takes notice of fact that set or may set infringement against the economic order, or that it commits the defence and promotion of competition, it should communicate it to the organs and entities referred to in the caput of this article, in order to adopt the cableable arrangements.

Art. 9th In the exercise of its normative power and coordination, supervision and supervision of air services and the aeronautical and airport infrastructure, it is up to the ANAC to discipline, among other aspects, the outorship, the holding, the administration and the use of air services and infrastructure, with views to:

I-set priorities in the exploitation and use of air services and aeronautical and airport infrastructure, in accordance with the guidelines laid down in the civil aviation policy ;

II-ensure the integrity of passengers, crew, land personnel, public in general, aircraft and facilities of Brazilian, national and international airports, protecting civil aviation operations against acts of unlawful interference committed on the ground or in flight ;

III-ensure the principle of the reliability of public service, ensuring the movement of people and goods, in compliance with standards of efficiency, safety, regularity, continuity, actuality, generality and courtesy in the provision of public services ;

IV-promote and regularly disseminate specific studies on market conditions, traffic and demand for air transport services ;

V-implement incentive programs for the increase in air sector productivity and to enable access to infrastructure and air transportation to unmet localities ;

VI-ensure the rights of users ;

VII-arbitrar conflicts of interest ;

VIII-preserve the fulfillment of the obligations of continuity of the provision of services ; and

IX-seek harmony with the other regulatory institutions, whose systems of regency interfirm in the production of regulated services.

Art. 10. In the regulation of air services, ANAC's performance will especially target:

I-to assure Brazilian companies of air transport to regulate the operation of any domestic airline lines, observed, exclusively, the air space control system conditioners, the operational capacity of each airport and the appropriate regulatory standards of service provision ;

II-maintain, as long as the regulatory requirements for the provision of proper service, the schedules allocated to air service companies for landing and take-off at airports ;

III-ensuring tariff freedom ; and

IV-to ensure that service companies maintain regularity with their fiscal and previdual obligations, as well as with the payment of fees to the Agency and of specific public tariffs and prices due to the use of aeronautical and airport infrastructure services.

Art. 11. In regulation of aeronautical and airport infrastructure exploration, ANAC's performance will in particular object:

I-promote the modernization and capacity expansion of physical infrastructure and existing operational, as well as the intensification of the use of these infrastructures ;

II-seek to ensure all segments of civil aviation suitable access to airport and aeronautical infrastructure ;

III-establish tariff and specific pricing regime that:

a) promotes greater movement of people and exchange of goods and services between regions of the Country and of this with the exterior ;

b) ensure efficiency in the allocation and use of the resources of the airports ;

c) generate enough revenue to recover costs ; and

d) provide guidance for future investments ;

IV-ensure that initial tariffs are determined with values compatible with long term marginal costs ;

V-ensure the modicity of the tariffs and the return of productivity gains to the users ;

VI-to carry out the review and readjustment of fees for services provided by the contractual provisions and established rules, after prior communication to the Ministry of Finance ;

VII-ensure compliance with the relevant standards to the environment, in a manner that guarantee the sustainable development of civil aviation ;

VIII-ensure the implementation of the operational and security standards of the civil aviation against illegal acts ; and

IX-ensure compliance with the relevant standards for Aerodromes Protection Zones, Helipoints Protection zones and Aid Protection Zones to Air Navigation dispatched by the Aeronautical Command, in addition to the ANAC standards.

Art. 12. The ANAC will monitor the activities of the foreign operators acting on international air transport with Brazil, aiming to identify operational practices, legislations and procedures adopted in other countries, which restrict or conflict with international regulations and agreements signed by Brazil.

§ First For the purposes of the provisions of this article's caput, ANAC may request clarifications and information to the agents and legal representatives of the operators who are under review.

§ 2nd Identified the existence of harmful legislation, procedure or practice to the national interests or Brazilian companies, ANAC will instruct the respective process and propose, or apply, as the case may be, sanctions, in the manner provided for in Brazilian legislation and in international regulations and agreements.

Art. 13. The outorga for the operation of the regular public air transport services of passengers, cargo and postal suitcase will observe the applicable legal and regulatory standards.

Art. 14. The authorization and designation for the provision of international air transport services shall comply with the provisions of the treaties, conventions or bilateral agreements to which Brazil is a signatory, as well as to the applicable Brazilian laws.

Art. 15. The provision of airport and aeronautical infrastructure services will subject to the standards set by the ANAC, especially as:

I-the criteria for fixation, adjustment, revision and monitoring of tariffs and of the prices of companies providing aeronautical and airport infrastructure services, in order to ensure their advertising ;

II-to the deadline for the holders of outorgas or previous delegations for the duration of this Regulation to adapt to the new conditions set out in Law No 11,182 of 2005 ;

III-to the rules that will discipline the sharing of infrastructure and facilities aeronautics, in conjunction with the Aeronautical Command ; and

IV-regulation to preserve the secrecy of technical information, operational, economic-financial and accounting requested of the companies or entities providing the aeronautical and airport infrastructure services.

Single Paragraph. The provisions in the caput of this article does not apply to the Brazilian Air Space Control System.

CHAPTER II

DA ORGANIZATIONAL STRUCTURE

Art. 16. ANAC will have the following organizational structure:

I-Directorate:

a) Cabinet ;

b) Technical advice ;

II-Procuratorate ;

III-Ouvidoria ;

IV-Internal Affairs ;

V-Internal Audit ;

VI-Advisory Council ;

VII-Superintendencies ; and

VIII-Regional Units.

Single Paragraph. The internal regiment will have on the structure, competencies, assignments and organization of the units that make up the organizational structure of the ANAC.

CHAPTER III

DA DIRECTION AND APPOINTMENT

Art. 17. The ANAC will be directed by a Director-Chairman and four Directors.

§ 1st Members of the Board shall be appointed by the President of the Republic, after approval by the Federal Senate, to comply with five-year mandates, not coincidental, observed the provisions of the arts. 12 and 13 of the Act No. 11,182, 2005.

§ 2nd The Director-President shall be appointed by the President of the Republic among the members of the Directorate and invested in the function by the deadline set in the nomination act.

§ 3rd The Directorate will designate one of its members to take over the presidency in the any possible absences and impediments from the Director-President, and the remaining Directors will be substitutes possible with each other.

§ 4th The date of possession of the first members of the Board will be considered to be term initial of all mandates, and should be observed, from then on, for the annual renewal of Directors.

§ 5th The initial term fixed in accordance with § 4th shall prevail for common duration of the mandates, even if nominations and subsequent possessions come to occur on different dates.

Art. 18. It is vetoed to the leaders having an interest, direct or indirect, in company related to the ANAC acting area.

Single Paragraph. In the case of disfulfillment of the obligation provided for in the caput, the offender shall forfeit the office, without prejudice to responding to civil and punishable actions.

Art. 19. The former Director is prevented for the exercise of activities or to provide any service in the sector regulated by the ANAC, for a period of four months, counted from the exoneration or termination of his term.

Single Paragraph. Within the time stipulated in the caput, it is also vetoed, to the former leader, to use for the benefit of his or her own privileged information obtained as a result of the office exercised, on pain of incurring an act of administrative improbity.

Art. 20. The Prosecutor is expected to be a bachelor's degree in law, with experience in the effective exercise of advocacy, met the legal prerequisites and normative instructions of the Advocacy-General of the Union.

Art. 21. The Ouvidor shall be appointed by the President of the Republic for a term of two years, admitted a refitting.

Art. 22. The Corregedor shall be appointed by the Minister of State for Defence and appointed by the President of the Republic.

Art. 23. The remaining leaders shall be appointed in accordance with the relevant legislation.

CHAPTER IV

DAS COMPETENCIES OF UNITS

Art. 24. The ANAC Board of Directors competes, in a collegiate scheme, to analyse, discuss and decide, in final administrative instance, matters of competence of the Agency, as well as:

I-propose, by means of the Minister of State for Defence, to the President of the Republic, changes in the ANAC regulation ;

II-comply with and enforce standards on civil aviation and infrastructure aeronautical and airport ;

III-propose to the Minister of State for Defence policies and government guidelines intended to enable ANAC to fulfill its institutional objectives ;

IV-orienter the ANAC's acting in international negotiations ;

V-approve administrative tender procedures ;

VI-outoring the provision of air services ;

VII-grant or authorize the exploration of the aeronautical infrastructure and airport ;

VIII-exerting the normative power of ANAC ;

IX-approve minutes of bidding editions, homologate adjudications, as well as decide by the extension, transfer, intervention and extinction, in relation to concessions, permits and permits, in the form of the internal regiment, standards, service provision regulations and the agreements concluded ;

X-approve the internal regiment of ANAC ;

XI-appreciate, in degree of appeal, the penalties imposed by the ANAC ;

XII-passing the standards on the internal administrative procedures of ANAC ;

XIII-decide on the strategic planning of ANAC ;

XIV-establish the functional, executive, and administrative guidelines to be followed by zealously ensuring their effective fulfillment ;

XV-decide on internal administrative policies and human resources and its development ;

XVI-deliberation on the appointment of the superintendents and managers of units organizational, including regional ;

XVII-deliberating on the creation, the extinction and the form of supervision of the activities of the regional units ;

XVIII-approve proposals for declaration of public utility necessary for the execution of projects and investments in the framework of the established outorgas or delegations under the relevant legislation ;

XIX-decide on the acquisition and disposal of goods ;

XX-authorize the hiring of third-party services, as well as to firm arrangements, on form of the legislation in force ;

XXI-approving the ANAC budget, to be forwarded to the Ministry of Defence ;

XXII-deliberating, in the administrative sphere, on the interpretation of legislation and on the missing cases ; and

XXIII-draw up annual report of its activities, in it highlighting the fulfillment of the policies of the sector.

Single Paragraph. It is vetoed to the Directorate to delegate to any organ or authority the powers provided for in this article.

Art. 25. The decisions of the Board shall be taken by the vote of the absolute majority of its members, with the Director-Chairman, in addition to the ordinary vote, the quality vote, and will be registered in minutes that will be available for general knowledge, together with the documents that instruct them.

§ 1st The Board will meet with the majority of its members.

§ 2nd The matter subject to the deliberation of the Directorate will be distributed to the Director responsible for the area, for report presentation.

§ 3rd The decisions of the Board will be substantiated.

§ 4th Every Director will vote with independence, grating his vote, vehemend abstention.

Art. 26. The Cabinet competes:

I-attend the Director in their functional representation, occupy themselves with public relations and of the preparation and dispatching of your personal expedients ;

II-follow up on the progress of ANAC's projects in plotting in Congress National ;

III-arrange for the consultation to be attended and for applications formulated by the National Congress ;

IV-arrange for the official publication and dissemination of the matters relating to the acting area of ANAC ;

V-plan, coordinate, and supervise the development of communication activities social ANAC ; and

VI-exercise other assignments that are committed to it by the Directors.

Art. 27. The Technical Advice competes to provide support to the Directorate by arranging the meetings of the meetings, exposing the convocations and notifications and, when it is the case, by providing the corresponding publications and drawing up the minutes and the subjects of the deliberations.

Art. 28. To the Prosecutor's Office, the body linked to the Federal Attorney General's Office, competes:

I-perform the consulting activities and legal advising ;

II-issue legal opinions ;

III-exercise the judicial representation of ANAC ;

IV-to judicially represent the holders and former holders of commissioned posts and technical commissioned offices of the ANAC, including by promoting private criminal action or representing before the Public Prosecutor's Office, when victims of crime, as to acts practiced in the exercise of their constitutional, legal or regulatory assignments, in the public interest, especially of the Agency, and may, yet, as to the same acts, prevent habeas corpus and warrant for security in defence of public servants ;

V-ascertain the liquidity and certainty of the credits, of any nature, inherent in its activities, enrolling them in active debt, for the purposes of amicable or judicial collection ;

VI-to attend the ANAC authorities in the internal control of the administrative legality of the acts to be practiced, including by examining beforehand the texts of normative acts, the author of tender, contracts and other acts arising from it, as well as the acts of dispensation and undue tender of bidding ; and

VII-opinion in advance on the form of compliance with judicial decisions.

Art. 29. À Ouvidoria competes:

I-receive, ascertain and refer to the Directorate complaints, criticism and comments from the citizens, users and providers of air services or airport and aeronautical infrastructure, acting with independence in the production of appreciations on ANAC's acting ;

II-receive denunciations of any violations of individual or collective rights, of legal acts, as well as of any act of administrative improbity, practiced by public servants or servants of any nature, linked directly or indirectly to ANAC's acting ; and

III-promote the actions required to ascertain the truthfulness of complaints and complaints, requesting the necessary arrangements for the sanitation of the irregularities and illegalities found.

§ 1st The Ouvidor will have access to all subjects, autos and documents from ANAC and will count on the administrative support suitable for the performance of their functions, maintaining the secrecy of the information.

§ 2nd The Ouvidoria will maintain secrecy of the source and the protection of the whistler, when it is the case.

§ 3rd The Board shall ensure the means appropriate to the exercise of the activities of the Ouvidoria.

Art. 30. To Internal Affairs, the organ of the Federal Executive Power's Internal Control System, competes:

I-scrutinize the functional activities of ANAC ;

II-give due course to the substantiated representations or denunciations that it receives, regarding the performance of the servers ;

III-realizing correction in the various organs and units, suggesting the necessary measures rationalization and efficiency of services ; and

IV-institution, of workshop or by higher determination, syndications and processes disciplinary administration regarding the servers, submitting them to the decision of the Directorate.

Single Paragraph. The establishment of unionists and disciplinary administrative proceedings relating to acts of the Directorate or its members shall be within the competence of the Minister of State for Defence.

Art. 31. The Internal Audit competes:

I-scrutinize the budgetary, financial, administrative, accounting, technical and Patrimonial and other administrative and operational systems of ANAC, in accordance with the Annual Plan for Audit Activities approved by the Directorate ;

II-draw up report of the audits carried out, proposing preventive measures and corrective of the detected deviations, if any, by forwarding it to the Directorate ; and

III-respond by the systematization of the information required by the control bodies of the Executive Power.

Art. 32. The Superintendencies competes to plan, organize, execute, monitor and evaluate ANAC's organizational and operational processes within the framework of their respective competencies.

Art. 33. To Regional Units competes:

I-administer and manage the assigned decentralized services, programs and projects to Unit, scrutinizing compliance with established standards and standards ;

II-propose the measures necessary for the streamlining and enhancement of its activities ; and

III-exercise other activities that are assigned to you by the Directorate.

Art. 34. The ANAC will have an institutionalized participation body of the civil aviation community, called the Advisory Council.

§ 1st Advisory Board, collegiate body, will be composed of holders and respective alternates, designated by the Director-Chairman of ANAC.

§ 2nd The Advisory Council will be chaired by the Director-Chairman of ANAC, composed of a member indicated by the Aeronautical Commander and by members indicated by representative organizations of the following segments of the society:

I-three representatives of air transport services companies ;

II-a representative of the specialized air services companies ;

III-four representatives of the users of air services ;

IV-two representatives of the infrastructure services explorers airport ;

V-two representatives of general aviation, aeroclubes and aerosports ;

VI-two representatives of the aeronautical industry and aircraft maintenance ;

VII-two representatives of the workers in the sector ;

VIII-a representative of the training institutions and the adestration of personnel intended for to civil aviation ; and

IX-a representative of the companies providing ancillary services.

§ 3rd ANAC will have on the criteria for designation of the entities that may participate in the indication of the representatives of the respective segments in the Advisory Council and designate the participating entities for each segment.

§ 4th Members of the Advisory Board will not be remunerated and will exercise mandate of three years, vegin with the reconduct.

§ 5th Members of the Advisory Board will be replaced, in their absences and impediments, by the respective supplier.

§ 6th The Directors of ANAC will be able to attend the meetings of the Advisory Board.

§ 7th Power to be invited to attend the meetings of the Advisory Board representatives of public and private bodies and entities, depending on the constant matter of the tariff.

§ 8th Compete to the Advisory Board:

I-advise the ANAC Directorate by issuing opinions on the subjects submitted to it analysis ;

II-appreciate and issue opinion on the annual reports of the Board ; and

III-other assignments established by the ANAC Directorate.

§ The operation of the Advisory Board shall be provided in own internal regiment, proposed by the Council and approved by the ANAC Directorate.

§ 10. The costs of installation and operation of the Advisory Board shall run to the account of the ANAC, with the entities and sectors represented the cost of the displacement and lodging of the respective representatives to attend the meetings.

CHAPTER V

OF THE ALLOCATIONS OF LEADERS

Art. 35. It is for the Director-President:

I-represent the ANAC ;

II-exercise hierarchical command on personnel and services, coordinating skills administrative ;

III-chair the meetings of the Board ;

IV-run the Aeroviary Fund ;

V-approve the application, with onus burden for ANAC, of servers and organ employees and integral entities of the public administration, whatever the functions to be exercised, in the terms of art. 16 of Law No 9,986 of July 18, 2000 ;

VI-authorize, in the form of the legislation in force, the removal of the Country of servers to the performance of technical activities and professional development ; and

VII-approve the assignment, requisition, promotion and removal of servers to participation in lato and stricto sensu capacitive events in the form of the legislation in force.

Art. 36. They are common assignments to the Directors of ANAC:

I-comply with and enforce the regulatory provisions within the framework of the tasks of the ANAC ;

II-zelar for the development and internal and external credibility of ANAC and for the legitimacy of its actions ;

III-to ensure compliance with ANAC's plans and programs ;

IV-practice and expedite the acts of administrative management within the framework of the assignments that are conferred on them ;

V-run decisions taken in a collegiate manner by the Directorate ; and

VI-contribute subsidies for proposals for adjustments and modifications to the legislation, necessary for the modernization of the institutional environment of ANAC acting.

Art. 37. To the Attorney General it is incumbent:

I-coordinate the activities of ANAC's legal advising ;

II-participate, when summoned, of the sessions and meetings of the Board, without a right to vote ;

III-receive the citations and judicial notifications ;

IV-giving up, transitioning, firming commitment and confessing in ANAC's actions of interest, authorized by the Directorate ;

V-approve the legal opinions of the prosecutors ; and

VI-represent to the public prosecutor's office for public action of interest of ANAC.

Art. 38. To Ouvidor it is incumbent:

I-receive requests for information, clarification, complaints, complaints and suggestions, responding directly to the stakeholders ;

II-planning, directing, coordinating and guiding the execution of the activities of Ouvidoria, forwarding providences, reports and appreciations object of their acting ; and

III-produce, when timely, appreciations on the ANAC's acting, and, semester, circumstantial report of his activities, forwarding it to the Directorate, the Internal Affairs, the Audit, the Advisory Council and the Minister of State for Defence.

Art. 39. The Corregedor is to scrutinize the functional activities of ANAC.

Art. 40. The Auditor-Head is to scrutinize the administrative, budgetary, accounting, heritage and personnel management of the ANAC.

Art. 41. To the Chief of Staff, the Technical Assessor, the Superintendents, the Heads of Regional Units and the other leaders it is incumbent on planning, directing, coordinating and guiding the implementation of the activities of the respective units and exercising others assignments that are committed to them in internal regiment.

CHAPTER VI

DAS GENERAL PROVISIONS

I Section

From Decision Process

Art. 42. The ANAC's decision-making process will obey the principles of legality, impersonality, efficiency, morality and advertising, secured the right to the adversarial and the broad defence.

Art. 43. Salvaged the documents and autos whose disclosure may violate the security of the Country, the protected secret or the intimacy of someone, all too many will remain open to public consultation.

Single Paragraph. Observed in the chaput of this article, ANAC will give sensitive treatment to technical, operational, econo-financial and accounting information that requests companies to provide services, provided that their disclosure is not directly required to:

I-prevent discrimination of users or service providers ; and

II-check the fulfilment of the obligations assumed in due outoring of authorization, permit or grant.

Art. 44. The deliberative sessions of the Directorate that are intended to resolve to-do between economic agents, or between these and users of goods and services understood in the ANAC's acting area, will be public.

Art. 45. The initiatives or changes of normative acts of competence of ANAC, which affect the rights of economic agents, including sector workers, or users of civil aviation services and airport infrastructure and aeronautical will be preceded by public hearing, convened and directed by ANAC, with the following objectives:

I-collect subsidies for the ANAC decision-making ;

II-ensure the agents and users of the respective services the forwarding of their pleats and suggestions ;

III-identify, in the widest possible manner, relevant aspects of the matter object of the public hearing ; and

IV-give publicity to ANAC's regulatory action.

Single Paragraph. The ANAC should make available on its website on the world computer network the normative acts of audience or public consultation, without prejudice to other forms of disclosure.

Section II

Revenue and Budget

Art. 46. The ANAC will charge Civil Aviation Surveillance Fee-TFAC for the exercise of police power arising from the surveillance, homologation and registration activities, pursuant to the provision in the Act No. 7,565, 1986, targeting the product of the collection at your custer and operation.

§ 1st The collection provided in the caput of this article will fall on the companies dealerships, permissionaries and authorisation of commercial air services, private air service operators, airport infrastructure operators, air cargo agencies, legal persons exploring manufacturing, maintenance, repair or revision activities of aeronautical products and other physical and legal persons carrying out activities audited by ANAC.

§ 2nd TFAC values are those set out in Annex III to the Act No. 11,182, 2005.

Art. 47. They constitute revenues from ANAC:

I-appropriations, additional credits and repasses that are assigned to you in the General Budget of the Union ;

II-resources coming from arrangements, agreements or contracts concluded with organs or federal, state and municipal entities, public or private companies, domestic or foreign, and international bodies ;

III-resources of the Aeroviary Fund ;

IV-product of collection of surveillance fees ;

V-resources arising from the provision of services of contractual nature, including by provision of publications, technical material, data and information, including for bidding purposes ;

VI-values ascertained in the rental or disposal of mobile or real estate ;

VII-product of the credit operations that hire, in the Country and abroad, and income from financial operations that it realization ;

VIII-donations, legacies and grants ;

IX-possible rents ; and

X-other resources that are intended for you.

Art. 48. The ANAC will submit to the Ministry of Defense its annual budget proposal under the legislation in force, accompanied by a demonstrative framework of the multiannual planning of revenue and expenditure, aiming at its budget balance and financial in the four subsequent drills.

Art. 49. The provision of annual accounts of the ANAC administration, after approved by the Directorate, will be submitted to the Minister of State for Defence, for referral to the Court of Auditors of the Union, observed the time limits laid down in specific legislation.

CHAPTER VII

DAS FINAL PROVISIONS

Art. 50. The ANAC will be able to organize and deploy, for the benefit of its servers and their dependents, services and programs of social, medical, dental, hospital, food and transportation assistance in the form of the law.

Single Paragraph. The services and programs of which it treats this article will be able to run directly or upon arrangements and contracts with specialized, public or private entities.

Art. 51. The ANAC will make available to the Ministry of Defense the information regarding the sector and its activities, aiming at subsidizing the formulation of civil aviation policy.

Single Paragraph. For the purposes provided for in this article, ANAC will deploy sectorial information system and unified database, making access to the Ministry of Defence available.