Decree No. 5095, 1 June 2004

Original Language Title: Decreto nº 5.095, de 1º de Junho de 2004

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

DECREE NO. 5,095, DE 1º OF JUNE OF 2004

Regulates Law No. 10,849 of March 23, 2004, which creates the Financing Program of Magnification and Modernization of the National Fishing Fleet-Professor Fishing, Establish the Gestor Group of the Past Profleet and gives others provider.

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 Law No. 10,849 of March 23, 2004,

DECRETA:

Art. 1º Are beneficiaries of the Financing Magnification and Modernization Program of the National Fishing Fleet? Professor Fishing as industrial fishing companies, thus defined as legal persons, physical persons equated with the legal person and co-operatives who lay in fishing activity, classified by size as per the below:

I-microenterprise: the one with annual gross revenue of up to R$ 433,755.14 (four hundred and thirty-three thousand, seven hundred and fifty-five reais and fourteen cents) ;

II-small company: one with annual gross revenue over R$ 433,755.14 (four hundred and thirty-three thousand, seven hundred and fifty-five reais and fourteen cents) up to R$ 2,133,222.00 (two million and thirty-three a thousand, two hundred and twenty-two real) ;

III-average company: that with annual gross revenue above R$ 2,133,222.00 (two million and thirty-three thousand, two hundred and twenty-two reais) up to R$ 35,000,000.00 (thirty and five million reais) ;

IV-large company: the one with annual gross revenue over R$ 35,000,000.00 (thirty and five million reais) ;

V-cooperatives and miniproducer associations: those with at least seventy per cent of the active social framework consisting of miniproducers ;

VI-cooperatives and associations of small producers: those that, not being cooperatives or miniproducer associations, have their active social framework made up of at least seventy per cent mini and small producers ;

VII-cooperatives and producers of medium producers: those which, not being cooperatives or associations of mini or small producers, have their active social framework consisting of at least seventy per cent mini, small and medium producers ; and

VIII-cooperatives and associations of large producers: those that, not being cooperatives or associations of mini, small or medium-sized producers, count on their active social framework with the participation of major producers.

Art. 2º The funding of the Pforget Profleet is intended for the construction, acquisition and modernization of vessels.

§ 1º The construction and concurrent equipping of vessels is aimed at:

I-the magnification of the fleet dedicated to oceanic fishing ; and

II-the replacement of the vessels of the coastal or continental fleet, aiming for their renewal.

§ 2º The acquisition of vessels built for the maximum five years has for exclusive purpose the magnification of the oceanic fleet.

§ 3º The modernization of vessels has by goal:

I-the conversion to vessel resuitability and the respective fishing method, with abdication of the original fishing permit ;

II-the adaptation for repair or jumborization purposes (increase in load capacity) ; and

III-the equipping, comprising the acquisition and installation of fishing equipment or petreches.

Art. 3º The funding provided under the Past Profleet for the construction and simultaneous equipping of vessels, as provided for in the incisos I and II of § 1º of the art. 2º, you will observe the following conditions:

I-limit of funding: up to ninety percent of the approved project's fungible items ;

II-term of amortization: to be defined in accordance with the payment capacity of the beneficiary, observed the maximum period of up to twenty years, in addition to the grace period, in annual, equal and successive instalments ;

III-grace period: up to four years, included the term of construction ;

IV-charges: interest rates of up to twelve percent, year on year, for companies, cooperatives and large associations ; up to ten per cent, year on year, for companies, cooperatives and mid-sized associations ; and up to seven by one year, for micro and small businesses and for mini-and small-sized cooperatives and associations ;

V-del credits up to six per cent, already included in the interest rate, to make jus for remuneration and the financial agent's administrative and tax costs ; and

VI-one or more of the following guarantees: fiduciary disposal of the funded vessel, merchant leasing of the funded vessel, mortgage of the funded vessel, mortgage on other vessels and an aval fund.

§ 1º The guarantor fund referred to in inciso VI shall not be able to receive public resources, of any kind, and nor to rely on any kind of guarantee by the public sector.

§ 2º The risk of the operation will be fully assumed by the financial agent.

Art. 4º The funding provided under the Pforget Profleet, for the acquisition of vessels, built for the maximum five years, intended for the magnification of the oceanic fishing fleet, will observe the same conditions offered for the modality of construction of vessels, except for the limit and deadlines, which will be as follows:

I-limit of financing: up to fifty per cent of the value of the boat ;

II-term of amortization: to be defined in accordance with the payment capacity of the beneficiary, observed the maximum term of up to eighteen years, in addition to the grace period, in annual, equal and successive instalments ; and

III-grace period: up to two years.

Art. 5º The financing granted to the ampairing of the Pforget Profleet for the modernization of vessels, comprising conversion, adaptation (repairs or jumborization) and equipping (acquisition of equipment or fishing petreches), will observe the following bases and conditions:

I-limit of funding: up to ninety percent of the approved project's fungible items ;

II-maturities of amortization and caress:

a) conversion and adaptation of vessels for jumborization purposes (increase in load capacity) and conversion: according to the payment capacity of the beneficiary, amortization in up to fifteen years, in addition to the grace period, in annual, equal and successive installments, being the grace of up to four years, included the construction deadline ;

b) adaptation of vessels for repair purposes: in accordance with the payment capacity of the beneficiary, amortization in up to three years, in addition to the grace period, in annual, equal and successive instalments, the deficiency of up to date two years, included the term of the work ;

c) equipping of vessels, comprising the acquisition and installation of fishing equipment or petreches: in accordance with the payment capacity of the beneficiary, amortization in up to five years, in addition to the grace period, in annual, equal and successive installments, being the grace of up to three years, included the time limit of the equipment ;

III-charges: interest rates of up to twelve percent, year on year, for companies, cooperatives and large associations ; up to ten per cent, year on year, for companies, cooperatives, and midsize associations ; and up to seven per cent, per year, for micro and small businesses and for cooperatives and mini and small size associations ;

IV-del credits up to six per cent, already included in the interest rate, to make jus for remuneration and the financial agent's administrative and tax costs ;

V-one or more of the following guarantees: fiduciary disposal of the vessel object of modernization, merchant leases of the vessel object of modernization, mortgage of the vessel object of modernization, mortgage of others vessels and bottom of aval.

§ 1º The guarantor fund referred to in the inciso V shall not be able to receive public resources, of any kind, and nor to rely on any type of guarantee by the public sector.

§ 2º The risk of the operation will be fully assumed by the financial agent.

Art. 6º The bonus will be given for adimpletion on the charges fixed in the arts. 3º, 4º and 5º of this Decree, provided that the parcels are paid up to maturity and the conditions listed below are obeyed, the fulfilment of which shall be accompanied, assessed, injured and attested by the Special Office for Aquets and Fisheries of the Chairmanship of the Republic and the Ministry of the Environment:

I-thirty per cent, in vessel modernization operations for conversion and construction of vessel for replacement, when there is displacement of overblown fishing activity, for species fishing under minor capture pressure ;

II-twenty per cent, in vessel modernization operations for equipping, which involves the replacement of high environmental impact equipment and petrechos and of great risk potential to the health of the workers ;

III-twenty per cent, in the financing operations of vessel construction intended for the capture of underblown or still unexploded species in ZEE? Exclusive Economic Zone and in international waters, in accordance with recommendations from the Special Bureau of Acces and Fisheries of the Presidency of the Republic ; and

IV-five percent, in the financing operations of the acquisition of vessels intended for the capture of underblown or still unexploded species in ZEE and in international waters, according to recommendations by the Registry Special of Aquets and Fisheries of the Presidency of the Republic.

§ 1º The adimpletion bonus that it treats the caput of this article cannot be cumulative.

§ 2º In the case of deviation in the application of resources, the borrower shall lose, without prejudice to the practical judicial measures, including of an enforceable nature, any and any benefit, especially those relating to the bonus of adimency.

Art. 7º The annual financial limits, in the period from 2004 a to 2007, for the provision of financing to the ampairing of the Pforget Profleet, per source of resources, are the ones below:

I-up to R$ 140,000,000.00 (one hundred and forty million reais), when the resources come from the Merchant Marine Fund? FMM ;

II-up to R$ 40,000,000.00 (forty million reais), when resources come from the North Financing Fund? FNO ; and

III-up to R$ 120,000,000.00 per cent (one hundred and twenty million reais), when resources come from the North-FNE Funding Fund.

Single Paragraph. The limits set out above can be reviewed annually when, in the previous year, they are not effectively achieved.

Art. 8º The expenditure on the equalization of fees for the funding of the Past Profleet, effected on the basis of the Long-term Interest Rate? TJLP or official index that comes to replace it, will run into the account of specific budget allocations allocated in the Union General Budget, observed the limits of movement and commitment and payment of the annual budget and financial programming of the Special Office of Acquesiculture and Fisheries of the Presidency of the Republic.

§ 1º The annual financial limit for the equalization of funding rates of the Pforget Profleet is up to R$ 32,550,000.00 (thirty-two million and five hundred and fifty thousand reais).

§ 2º The limit provided for in § 1º may be annually reviewed in act of the Executive Power.

Art. 9º In addition to being subject to economic-financial analysis, projects and proposals for construction, acquisition and modernization of vessels are expected to present detailed technical specification and meet the following requirements:

I-homologation, by the Special Office for Action and Fisheries of the Presidency of the Republic, of the technical aspects of the proposals as well as of the enabling of the tenderer for the development of the intended activity ;

II-grant of prior permission of fishing by the Special Office of Acquiculture and Fisheries of the Presidency of the Republic ; and

III-licence for construction or conversion of the boat issued by the Navy Command.

Single Paragraph. The technical specifications of which it treats the caput of this article must be in line with technical and environmental manual, to be drawn up jointly by the Special Office for Equity And Fisheries of the Presidency of the Republic, Ministry of the Environment Environment and Ministry of Defence, and made available by the Office of the Special Office for Action and Fisheries of the Presidency of the Republic.

Art. 10. The projects and proposals for construction, acquisition and modernization of vessels under the Pforget Profleet should first be referred to the Special Office for Acquisition and Fisheries of the Presidency of the Republic, for the analysis of merit, habilitation and approval, and subsequently to the financial agent.

§ 1º After the relevant procedures under the Special Office for Acquisition and Fisheries of the Presidency of the Republic, in the case of financing with resources of the FMM, the projects and proposals for construction, procurement and modernization of vessels within the framework of the Pforget Profleet should be referred to the Director Board of the Merchant Marine Fund? CDFMM, for analysis.

§ 2º Constitui prerequisite for approval of financing by financial agents:

I-regardless of the source of the appeal, the prior approval of the projects by the Special Bureau of Accounting and Fisheries of the Presidency of the Republic, which is due to speak within up to fifteen days from the date of the protocol ;

II-in dealing with funding with FMM resources, submission and project approval by CDFMM ; and

III-in dealing with funding with FNE and FNO resources, the economic and financial analysis of the Fund's agent.

Art. 11. It is created the Gestor Group of the Pforget Profleet, composed of a representative of each body or entity listed below:

I-Special Office for Acting and Fisheries of the Presidency of the Republic, which will coordinate it ;

II-Ministry of the Environment ;

III-Ministry of Defense ;

IV-Ministry of National Integration ;

V-Ministry of the Fight ;

VI-Ministry of Transport ;

VII-Ministry of Planning, Budget and Management ;

VIII-Bank of the North East of Brazil S.A. ? BNB ;

IX-Bank of Amazon S.A. ? BASA ; and

X-National Bank for Economic and Social Development? BNDES.

Single Paragraph. The members and their alternates of the Gestor Group shall be indicated by the holders of the organs and entities represented and appointed by the Special Secretary for Acting and Fisheries of the Presidency of the Republic.

Art. 12. Competes for the Gestor Group:

I-detail the targets, for each source of funding, observed the financial limits of which they treat the arts. 7º and 8º;

II-fix the specifications of vessels, by modality of fishing, to be the subject of financing, observing the recommendations of the Special Office for Acquiculture and Fisheries of the Presidency of the Republic and the Ministry of the Environment Environment ;

III-distribute the number of boats by fishing modality and region, observed the provisions of the inciso I and the recommendations of the Special Office of Acquesiculture and Fisheries of the Presidency of the Republic and the Ministry of the Environment Environment ;

IV-propose the redefinition of the goals of the Pforget Profleet, observed the financial limits of which treat the arts. 7º and 8º of this Decree, with the proper justifications, and observed the ceilings laid down in Law No. 10,849 of March 23, 2004 ;

V-determine the procedures for controlling the operations of the funded vessels ; and

VI-follow up, monitor and evaluate the execution of the program, so as to ensure compliance with its objectives and targets, proposing the reorientation of the actions of the bodies and entities involved.

Single Paragraph. Within the maximum period of forty-five days from the date of publication of this Decree, the Gestor Group should propose interministerial portion to the Office of the Special Office for Accounting and Fisheries of the Presidency of the Republic, for the fulfilment of the provisions of the incisos I to III of this article.

Art. 13. The Special Office for Acquesiculture and Fisheries of the Presidency of the Republic, the Ministry of Defence, via the Marine Command, and the Ministry of the Environment, through the Brazilian Institute of Environment and Resources Renewable Naturals? IBAMA, in accordance with their respective competencies, will institute specific procedures for controlling and monitoring the activities of the funded vessels, with the publication of annual reports, so as to ensure compliance with the purposes of the Psketira Profleet.

Art. 14. This Decree shall enter into force on the date of its publication.

Brasilia, 1º June 2004 ; 183º percent of Independence and 116º percent of the Republic.

LUIZ INACIO LULA DA SILVA

José Dirceu de Oliveira e Silva