Key Benefits:
LEI N ° 12,815, DE June 5, 2013
Has on the direct and indirect exploitation by the Union of ports and port facilities and on the activities performed by the port operators ; amends the Laws No. 5,025, June 10, 1966, 10,233, June 5, 2001, 10,683, May 28, 2003, 9,719, November 27, 1998, and 8,213, of July 24, 1991 ; repeal the Laws 8,630, February 25, 1993, and 11,610, of December 12, 2007, and devices of the Leis n ° 11,314, July 3, 2006, and 11,518, of September 5, 2007 ; and gives other arrangements.
P R E S I D E N T A D A R E P B L I C A
I make it known that the National Congress decrees and I sanction the following Law:
CHAPTER I
DEFINITIONS AND OBJECTIVES
Art. 1 ° This Act regulates the operation by the Union, directly or indirectly, from harbours and port facilities and the activities performed by the port operators.
§ 1 The indirect exploitation of the organized harbour and the port facilities in it will occur upon concession and tenancy of public good.
§ 2 The indirect exploitation of the port facilities located outside the area of the organized harbour will occur upon authorization under this Act.
§ 3 ° The concessions, leases and authorizations for which this Act is concerned shall be granted the legal person who demonstrates capacity for his or her performance, at their account and risk.
Art. 2 ° For the purposes of this Act, consider:
I-port organized: well public built and trimmer to meet the needs of navigation, passenger handling or moving and storage of goods, and whose traffic and port operations are under jurisdiction of port authority ;
II-area of the organized harbour: Founded area per act of the Executive Power comprising port facilities and the infrastructure of protection and access to the organized harbour ;
III-port facility: installation located within or outside the area of the port organised and used in passenger handling, moving or storage of goods, intended or coming from transport aquaviary ;
IV-private use terminal: port facility operated upon authorization and located outside the area of the organized harbour ;
V-freight transshipment station: port facility operated upon authorization, located outside the area of the port organised and used exclusively for operation of transshipment goods on shipping vessels interior or cabotage ;
VI-small-port public port facility: port facility operated upon authorization, located outside the port organised and used in passenger or goods handling in shipping vessels interior ;
VII-port facility of tourism: port facility operated upon rental or authorization and used in boarding, landing and transit of passengers, crew and baggage, and inputs for the proofing and supply of sightseeing vessels ;
VIII-(VETADO):
a) (VETADO) ;
b) (VETADO) ; and
c) (VETADO) ;
IX-concession: onerous assignment of the organized port, with views to the administration and the exploitation of its infrastructure by a given time ;
X-delegation: transfer, upon arrangement, of the administration and the operation of the port organised for Municipalities or States, or the public consortium, pursuant to Law No. 9,277 of May 10, 1996 ;
XI-renting: onerous cession of area and public infrastructure located within the organized port, for operation by a given time ;
XII-authorization: Open of the right to port facility operation located outside the area of the port organised and formalized upon contract of accession ; and
XIII-port operator: pre-qualified legal person to exercise the activities of moving passengers or moving and storing goods, intended or coming from aquaviary transport, within the area of the organized port.
Art. 3º The exploration of the organized harbours and port facilities, with the aim of increasing the competitiveness and development of the Country, must follow the following guidelines:
I-expansion, modernization and optimization of infrastructure and superstructure that integrate the organized harbours and port facilities ;
II-guarantee of the modicity and advertising of the tariffs and prices practiced in the sector, the quality of the activity provided and the effectiveness of the rights of users ;
III-stimulation of the modernization and enhancement of the management of organized harbours and port facilities, the valorisation and qualification of the port workforce and the efficiency of the activities provided ;
IV-promotion of the safety of navigation at the entrance and the departure of the vessels from the ports ; and
V-stimulation to competition, encouraging private sector participation and ensuring wide access to organized harbors, facilities and port activities.
CHAPTER II
DA EXPLORATION OF PORTS AND PORT FACILITIES
I Section
The Concession of Organized Port and the Port of Port Facility
Art. 4 The concession and leasing of public good intended for port activity shall be carried out upon conclusion of contract, always preceded by bidding, in accordance with the provisions of this Act and its Regulation.
Art. 5 ° Are essential to the concession and rental agreements the relative clauses:
I-to the object, to the area and to the deadline ;
II-to the mode, form and conditions of the operation of the organized port or port facility ;
III-the criteria, indicators, formulas and parameters defining the quality of the activity provided, as well as the goals and deadlines for the scope of certain levels of service ;
IV-the value of the contract, the tariffs practiced, and the criteria and procedures for revision and readjustment ;
V-to the investment of responsibility of the contractor ;
VI-the rights and duties of users, with the contracted obligations of the contractor and the respective penalties ;
VII-the responsibilities of the parties ;
VIII-to the reversal of goods ;
IX-the rights, guarantees and obligations of the contractor and the contractor, including those related to future needs of supplementation, alteration and expansion of activity and consequent modernization improvement and extension of the facilities ;
X-in the form of supervision of the premises, equipment and methods and practices of carrying out activities, as well as the indication of the competent bodies or entities to exercise them ;
XI-to guarantees for proper performance of the contract ;
XII-the responsibility of the port facility holder for the inexecution or deficient execution of the activities ;
XIII-to the chances of termination of the contract ;
XIV-the obligation to provide information of interest to the granting power, the National Aquavian Transport Agency-ANTAQ and the other authorities acting in the port sector, inclusive those of specific interest of the National Defence, for the purpose of mobilization ;
XV-to the adoption and compliance with the customs surveillance measures of goods, vehicles and persons ;
XVI-access to the organized port or port facility by the power conceded, by Antaq and the other authorities acting in the port sector ;
XVII-to penalties and their form of application ; and
XVIII-to the venue.
§ 1 ° (VETADO).
§ 2 Fishing the term of the contracts, the goods linked to the concession or lease will revert to the Union's estate in the manner provided for in the contract.
Art. 6 ° In the tenders of the concession and rental contracts, they will be considered as criteria for trial, in an isolated or combined manner, the largest handling capacity, lower fare or lower handling time, and others established in the edible in the form of the regulation.
§ 1 ° The tenders that it treats this article can be carried out in the auction modality as per regulation.
§ 2 ° Compete to Antaq, based on the guidelines of the conceded power, carry out the tender procedures of which this article is concerned.
§ 3 ° The editions of the tenders of which this article is to be drawn up by Antaq, observed the guidelines of the conceded power.
§ 4 ° (VETADO).
§ 5 ° Without prejudice to the guidelines provided for in art. 3 °, the conceded power may determine the transfer of the drafting skills of the edition and the realization of the tender procedures of which it treats this article to the Port Administration, delegate or not.
§ 6 The conceivable power may authorize, upon application by the lessee, in the form of the regulation, expansion of the leased area to contiguous area within the polygonal of the organized harbour, whenever the measure to demonstrably bring efficiency in the port operation.
Art. 7 ° Antaq may discipline the use in exceptional character, by any person concerned, of harbor facilities leased or operated by the dealership, ensured the remuneration appropriate to the contract holder.
Section II
From Portugal Facilities Authorization
Art. 8 ° shall be explored upon authorization, preceded by public call or announcement and, where appropriate, public selective process, the port facilities located outside the area of the organized harbour, comprising the following modalities:
I-private use terminal ;
II-freight transshipment station ;
III-public port facility of small size ;
IV-port facility of tourism ;
V-(VETADO).
§ 1 The authorisation will be formalized by means of an accession contract, which will contain the essential clauses provided for in the art's caput . 5 °, with the exception of those predicted in their incisos IV and VIII.
§ 2 The port facility authorization will have a time limit of up to 25 (twenty-five) years, extensible for successive periods, provided that:
I-port activity is maintained ; and
II-the authorized contractor promotes the investments required for the expansion and modernization of port facilities in the form of the regulation.
§ 3 The Antaq shall adopt the measures to ensure compliance with the investment schedules provided for in the authorizations and may require guarantees or apply for sanctions, including the cassation of the authorization.
§ 4 ° (VETADO).
Art. 9 ° Those interested in obtaining the port facility permit will be able to apply for it to Antaq at any time in the form of the regulation.
§ 1 Received the application for a port facility authorization, Antaq should:
I-publish the excerpt of the application, including on the internet ; and
II-promote the opening of public announcement process, with a time limit of 30 (thirty) days, to identify the existence of others interested in obtaining port facility authorization in the same region and having similar characteristics.
§ 2 ° (VETADO).
§ 3 ° (VETADO).
Art. 10. The conceded power can determine to Antaq, at any time and in line with the guidelines of the port sector planning and policies, the opening of public call process to identify the existence of interested parties in the obtaining port facility authorization, in the form of the regulation and observed the time limit laid down in the inciso II of § 1 ° of the art. 9 °.
Art. 11. The instrument of the opening call or public announcement will necessarily indicate the following parameters:
I-the geographical region in which the port facility will be deployed ;
II-the profile of the loads to be moved ; and
III-the estimation of the volume of loads or passengers to be moved in the port facilities.
Single Paragraph. The person concerned in port facility authorization shall submit title of ownership, occupation registration, certificate of air, real duty assignment or other legal instrument that ensures the right of use and fruition of the respective terrain, plus other documents provided for in the opening instrument.
Art. 12. Terminated the call or public announcement process, the conceded power should analyze the locational feasibility of the proposals and their suitability to the guidelines of the port sector planning and policies.
§ 1 Observed the provisions of the Regulation, you can be directly dispatched to port facility permits when:
I-the call or public announcement process is completed with the participation of a single person concerned ; or
II-there is more than one proposal, there is no locational impediment to the deployment of all of them in a concomitant manner.
§ 2 ° Havendo more than one proposal and locational impediment that makes it impossible to deploy in a concomitant manner, Antaq is expected to promote public selective process, observed the principles of legality, impersonality, morality, advertising and efficiency.
§ 3 The public selective process of which it treats § 2 will meet the provisions of the Regulation and shall consider as a trial criterion, in an isolated or combined manner, the highest handling capacity, the smallest fee or lower time of cargo handling, and others set in the edition.
§ 4 In any case, only port facilities compatible with the guidelines of the port sector planning and policies, in the form of the caput, may be permitted.
Art. 13. The Antaq may discipline the conditions of access, by any person, in exceptional character, to authorized port facilities, assured remuneration to the holder of the authorization.
Section III
From Requirements for the Installation of Ports and Facilities Portugal
Art. 14. The conclusion of the concession or tenancy agreement and the authorization expedition shall be preceded by:
I-consultation with the customs authority ;
II-consultation with the respective municipal public power ; and
III-issue, by the licensing body, of the term of reference for environmental studies with a view to licensing.
Section IV
From the Organized Port Area Definition
Art. 15. Act of the President of the Republic will have on the definition of the area of organized ports, as of the proposal of the Office of Ports of the Presidency of the Republic.
Single Paragraph. The delimitation of the area should consider the suitability of maritime and terrestrial accesses, efficiency and competitiveness gains arising from the scale of the operations and the already existing port facilities.
CHAPTER III
DO PODER CONCEDENT
Art. 16. To conceded power competes:
I-draw up the setorial planning in compliance with the integrated logistics policies and guidelines ;
II-define the guidelines for the realization of the tender procedures, public calls and selective processes of which it treats this Act, including for the respective editals and instruments convocatories ;
III-enter into the concession and lease agreements and expedite the port facility permits, and Antaq shall scrutinise them in accordance with the provisions of the Act No 10,233 of June 5. 2001 ; and
IV-establish the standards, criteria and procedures for pre-qualification of port operators.
§ 1 ° For the purposes of the provisions of this Act, the granting power may conclude arrangements or congenial instruments of technical and administrative cooperation with organs and entities of the public administration federal, the states, the Federal District and the Municipalities, including with resting of resources.
§ 2 ° In the exercise of the competency provided for in the inciso II of the caput, the granting power should first hear the National Oil Agency, Natural Gas and Biofuels whenever the tender, the public call or the selective process involves port facilities aimed at the movement of oil, natural gas, its derivatives and biofuels.
CHAPTER IV
DA ADMINISTRATION OF THE ORGANIZED HARBOUR
I Section
Of Competencies
Art. 17. The administration of the port is exercised directly by the Union, the delegator or the organised port entity of the port.
§ 1 Compete to the administration of the organised harbour, called the port authority:
I-comply with and enforce the laws, regulations and concession contracts ;
II-ensure the enjoyment of the advantages arising from the betterment and apparel of the port to trade and navigation ;
III-pre-qualify the port operators, in accordance with the standards laid down by the granting power ;
IV-raise the values of the tariffs on their activities ;
V-scrutinize or perform the works of construction, reform, magnification, improvement and conservation of port facilities ;
VI-scrutinizing the port operation, ensuring the realization of activities with regularity, efficiency, safety and respect for the environment ;
VII-promote the removal of vessels or hooves from vessels that may impair access to the port ;
VIII-authorize entry and exit, including attraction and death, the fundel and vessel traffic in the harbour area, heard the other port authorities ;
IX-authorize the cargo handling of vessels, resurred the competence of the maritime authority in disaster assistance and rescue situations, heard the other port authorities ;
X-suspending port operations that would prejudice the operation of the port, salvaged the aspects of interest of the maritime authority responsible for the safety of aquaviary traffic ;
XI-report infractions and represent before the Antaq, aiming at the initiation of administrative proceedings and application of penalties provided for in law, in regulation and in contracts ;
XII-adopt the measures requested by the other authorities in the port ;
XIII-provide technical and administrative support to the board of port authority and the labor management body ;
XIV-establish the operating hours of the port, observed the guidelines of the Registry of Ports of the Presidency of the Republic, and the journeys of work on the public use pier ; and
XV-organise the port guard, in accordance with the regulation exclaimed by the conceded power.
§ 2 The port authority shall draw up and submit to the approval of the Office of Ports of the Presidency of the Republic the respective Port Development and Zoning Plan.
§ 3 The provisions of the incisos IX and X of § 1 ° shall not apply to the military vessel that is not practicing trade.
§ 4 The maritime authority responsible for traffic safety can intervene to assure the vessels of the Brazilian Navy the priority for attraction in the port.
§ 5 ° (VETADO).
Art. 18. Within the boundaries of the organised harbour area, it competes for the port administration:
I-under coordination of maritime authority:
a) establish, maintain, and operate the balization of the access channel and the port evolution basin ;
b) delimit the areas of fundel, from fundel for loading and unloading, from health inspection and maritime police ;
c) delimit the areas intended for warships and submarines, platforms and other special vessels, ships in repair or awaiting dockment and ships with flammable or explosive loads ;
d) establish and disclose the maximum operation caller of the vessels, depending on the batimetric withdrawals effected under their responsibility ; and
e) establish and disseminate the maximum gross size and maximum dimensions of the vessels that traits, depending on the limitations and physical characteristics of the harbor pier ;
II-under coordination of the customs authority:
a) delimit the customs area ; and
b) organize and signal the flows of goods, vehicles, charge units and persons.
Art. 19. The port administration may, at the discretion of the discrete power, directly or indirectly exploit areas not affected to port operations, observed the provisions of the respective Port Development and Zoning Plan.
Single Paragraph. The provisions of the caput do not deviate from the application of tender and public procurement standards when the port administration is exercised by organ or entity under state control.
Art. 20. It will be instituted in each port organised a port authority board, the port administration's advisory body.
§ 1 The Regulation shall have on the tasks, operation and composition of the councils of port authority, ensured the participation of representatives of the business class, port workers and power public.
§ 2 The representation of the business class and of the workers on the board to which you rent the caput will be parity.
§ 3 The distribution of the vacancies on the board to which you rent the caput will observe the following proportion:
I-50% (fifty per cent) of representatives of public power ;
II-25% (twenty-five per cent) of representatives of the business class ; and
III-25% (twenty-five per cent) worker class representatives.
Art. 21. The participation of a representative of the business class and another of the working class on the board of directors or equivalent body of the port administration is assured when it comes to the entity under state control in the form of the regulations.
Single Paragraph. The indication of the representatives of the business and working classes to which you rent the caput will be made by the respective representatives on the board of port authority.
Art. 22. The Ports Office of the Presidency of the Republic will coordinate the integrated performance of the public bodies and entities in the organized harbours and port facilities, with the purpose of ensuring the efficiency and quality of their activities, in the regulation terms.
Section II
From the Customs Administration in the Organized Ports and the Customs Port Facilities
Art. 23. The entry or exit of goods from the outside or to it intended for use may only be effected in ports or customs port facilities.
Single Paragraph. The customs of organized harbours and port facilities intended for the handling and storage of imported goods or export will be effected after the requirements laid down in the specific legislation are met.
Art. 24. It is incumbent on the Ministry of Finance, through the customs offices:
I-comply with and enforce the legislation that regulates the entry, permanence and exit of any goods or goods from the Country ;
II-supervise the entry, permanence, handling and exit of persons, vehicles, cargo and goods units, without prejudice to the tasks of the other authorities in the port ;
III-exercise customs surveillance and crack down on smuggling and depath, without prejudice to the assignments of other organs ;
IV-raise the incidences of incidents on foreign trade ;
V-proceed to the customs dispatch on importation and export ;
VI-proceeding to the seizure of irregular goods under the tax law ;
VII-authorize the removal of goods from the port area to other sites, customs or not, in the cases and in the manner provided for in customs legislation ;
VIII-administer the application of suspensive, exonerative, or returns of tributes to the imported goods or to export ;
IX-to ensure compliance with international treaties, agreements or conventions in the customs plan ; and
X-to ensure compliance with customs legislation and for the defence of national vested interests.
§ 1 In the exercise of their assignments, the customs authority shall have free access to any dependencies of the port or port facility, to vessels docked or not and to places where goods from the outside are found or to it intended.
§ 2 In the exercise of its tasks, the customs authority may, whenever it is deemed necessary, request documents and information and the support of federal, state or municipal public force.
CHAPTER V
DA PORT OPERATION
Art. 25. The pre-qualification of the port operator will be effected before the port administration, as per standards set by the granting power.
§ 1 The standards of pre-qualification must comply with the principles of legality, impersonality, morality, advertising and efficiency.
§ 2 The Port administration will have a time limit of 30 (thirty) days, counted from the request of the person concerned, to decide on the pre-qualification.
§ 3 In the event of the rejection of the application mentioned in § 2, it shall appeal, within the time limit of 15 (fifteen) days, addressed to the Registry of Ports of the Presidency of the Republic, which shall enjoy it within 30 (thirty) days, under the terms of the regulations.
§ 4 Consider pre-qualified as a port operator the port administration.
Art. 26. The port operator will respond before:
I-the administration of the port for the damage culently caused to the infrastructure, the facilities and the equipment that the port administration is holder of, which is found to be at its service or under its guard ;
II-the owner or consignee of the merchandise for the losses and damages that occur during the operations to be carried out or as a result of them ;
III-the shipowner by the avices occurring on the vessel or in the goods given the transport ;
IV-the harbour worker for the remuneration of the services provided and the respective charges ;
V-the local organ of labor management of the work avullated by the uncollected contributions ;
VI-the competent bodies for the collection of the incidental tributes on the avulso port work ; and
VII-the customs authority for the goods subject to customs control, in the period when they are entrusted to it or when it has sole control or use of area where they are deposited or should be carried over.
Single Paragraph. It is incumbent on the port administration to respond by the goods to which the incisos II and VII of the caput are referred to when they are in area by it and after their receipt, as defined by the port's operating regulation.
Art. 27. The activities of the port operator are subject to the standards laid down by Antaq.
§ 1 The port operator is holder and responsible for the coordination of the port operations to be carried out.
§ 2 The cargo handling activity on board the vessel shall be carried out in accordance with the instruction of its commander or of its preposts, responsible for the safety of the vessel in the activities of titration or withdrawal of the vessel. cargo, as to the safety of the vessel.
Art. 28. Intervention of port operators in operations is dispensable:
I-which, by their handling methods, their automation or mechanization characteristics, do not require the use of labor or can be performed exclusively by the crew of the vessels ;
II-of vessels employed:
a) in works of public services on the waterways of the Country, executed directly or indirectly by the public power ;
b) in the transportation of small women's and fishing genres, to supply municipal-scope markets ;
c) in interior and auxiliary navigation ;
d) in the transport of bulk liquids ; and
e) in the transport of solid bulk goods, when the load or discharge is made by automatic mechanical appliances, except for the stutter activities ;
III-relating to the movement of:
a) loads in area under military control, when carried out by military personnel or linked with military organization ;
b) materials by construction sites and naval repair ; and
c) spare parts, on-board material, mantiments and supply of vessels ; and
IV-relative to the supply of water, fuels and lubricants for navigation.
Single Paragraph. (VETADO).
Art. 29. Cooperatives formed by avulese harbour workers, registered in accordance with this Act, will be able to establish themselves as port operators.
Art. 30. The port operation in premises located outside the area of the organised port shall be disciplined by the holder of the respective authorization, observed the standards laid down by the maritime, customs, health, health and police authorities. maritime.
Art. 31. The provisions of this Act shall be without prejudice to the implementation of the other standards concerning maritime transport, including those arising from ratified international conventions, while binding internationally to the Country.
CHAPTER VI
DO PORTUARY WORK
Art. 32. Port operators must constitute at each port organised a labor management organ of the port work, intended for:
I-administer the supply of the labor of the port worker and the avulso harbour worker ;
II-maintain, with exclusivity, the dock worker cadaster and the record of the avulso port worker ;
III-train and professionally enable the port worker by enrolling it in the register ;
IV-select and register the avulso harbour worker ;
V-establish the number of vacancies, form and periodicity for access to the registration of the avulso port worker ;
VI-expedite the identification documents of the harbour worker ; and
VII-raise and pass on to the beneficiaries the values owed by the port operators concerning the remuneration of the avulsive port worker and the corresponding tax, social and pension charges.
Single Paragraph. If entered into contract, agreement or collective labour agreement between workers and service holders, the provisions of the instrument shall precede the managing body and waiver its intervention in the relations between capital and work at the port.
Art. 33. It competes with the labor management organ of the avulso port work:
I-apply, when couber, disciplinary norms provided for in law, contract, convention or collective agreement of work, in the case of disciplinary transgression, the following penalties:
a) verbal reprimand or in writing ;
b) suspension of registration for the period of 10 (ten) to 30 (thirty) days ; or
c) cancellation of the record ;
II-promover:
(a) the vocational training of the port worker and of the avulso port worker, adept at the modern handling and operation handling processes of harbour appliances and equipment ;
b) the multifunctional training of the harbour worker and the avulso port worker ; and
c) the creation of relocation and cancellation programs of registration, without burden for the worker ;
III-raise and pass on to the beneficiaries contributions intended to encourage the cancellation of registration and voluntary retirement ;
IV-raise the contributions intended for the custi of the organ ;
V-zeling for health, hygiene and safety standards in the avulso port work ; and
VI-submit to the port administration proposals for enhancement of port operation and economic enhancement of the port.
§ 1 ° The organ does not respond for damages caused by the port workers avulgated to the borrowers of their services or to third parties.
§ 2 The organ responds, in solidarity with the port operators, for the remuneration due to the avulsive port worker and the compensation arising from an accident at work.
§ 3 The organ may require the port operators prior guarantee of the respective payments, to meet the requisition of avulous port workers.
§ 4 ° The subjects listed in paragraphs to and b of the inciso II of this article shall be discussed in permanent forum, composed, in parity, by representatives of government and civil society.
§ 5 The representation of civil society at the forum provided for in § 4 will be parity between workers and entrepreneurs.
Art. 34. The exercise of the assignments provided in the arts. 32 and 33 by the labor management organ of the avulso port work does not imply employatory link with avulso port worker.
Art. 35. The labor management body can cede avulso port worker, in permanent character, to the port operator.
Art. 36. The management of the labor of the avulso port work shall observe the standards of the contract, convention or collective agreement of work.
Art. 37. It shall be constituted, within the manpower management organ, parity commission to settle disputes arising from the application of the provisions of the arts. 32, 33 and 35.
§ 1 In case of deadlock, the parties must resort to arbitration of final offers.
§ 2 Firmed the arbitral commitment, will not be admitted to quitting any of the parties.
§ 3 The arbitrators must be chosen from common agreement between the parties, and the arbitral laude probed for solution of the pending constitutes extrajudicial executive title.
§ 4 The shares relating to credits arising from the avulsive working relationship prescribe in 5 (five) years up to the limit of 2 (two) years after the cancellation of registration or enrollment in the labor manager body.
Art. 38. The labor management body will have to have 1 (one) supervisory board and 1 (one) executive board.
§ 1 The supervisory board will consist of 3 (three) full members and their alternates, indicated in the form of the regulation, and will have as competence:
I-deliberate on the matter contained in the inciso V of the art's caput . 32 ;
II-edit the standards to which the art refers. 42 ; and
III-scrutinize the management of directors, examine, at any time, the books and papers of the organ and request information on any acts practiced by the directors or their preposts.
§ 2 The executive board will be composed of 1 (one) or more directors, assigned and impeached in the form of the regulation, whose management deadline will be 3 (three) years, allowed to reassert.
§ 3 ° Up to 1/3 (one-third) of supervisory board members may be assigned to directors' positions.
§ 4 ° In the silence of the status or social contract, it will compete for any director the representation of the organ and the practice of the acts necessary for its regular functioning.
Art. 39. The labor management organ is reputed to be of public utility, for which it is vetted to have profit, to provide services to third parties or to exercise any activity not linked to the management of labor.
Art. 40. The port work of capatazia, estiva, cargo conference, cargo repair, block and vessel surveillance, in the organized harbours, will be carried out by port workers with an employer bond for indeterminate term and by avulous harbour workers.
§ 1 For the purposes of this Act, consider:
I-capatazia: movement activity of goods in the premises within the port, comprising receipt, conference, internal transport, opening of volumes for the customs conference, handling, tie-up and delivery, as well as the loading and unloading of vessels, when effected by port apparelings ;
II-estiva: movement activity of goods in the conveyors or in the basements of the main or auxiliary vessels, including the transshipment, tipping, peation and dumping, as well as loading and unloading, when carried out with board equipment ;
III-cargo conference: volume count, annotation of its characteristics, provenance or destination, state of the goods verification, weighing assistance, manifest conference and other services correports, in operations of loading and unloading of vessels ;
IV-loading repair: repair and restoration of the goods packaging, in the loading and unloading operations of vessels, repacking, marking, remarking, stamping, labelling, opening volumes for survey and later recomposition ;
V-vessel surveillance: surveillance activity of the entry and exit of persons on board the vessels docked or fused off the coast, as well as of the movement of goods in the portales, ramps, basements, conveyons, platforms and at other sites of the vessel ; and
VI-block: cleansing and conservation activity of merchant vessels and their tanks, including rust beater, painting, small mountain repairs and correlated services.
§ 2 The hiring of capital harbour workers, block, estiva, cargo conference, cargo repair and vessel surveillance with an employer bond for indeterminate term will be made exclusively from among registered avultain port workers.
§ 3 The port operator, in the activities to which you rent the caput, you will not be able to place or take manpower under the temporary work regime of which it treats Law No. 6,019 of January 3, 1974.
§ 4 The categories foreseen in the caput constitute differentiated occupational categories.
Art. 41. The labor management body:
I-will organize and maintain cadaster of port workers entitled to the performance of the activities referred to in § 1 ° of the art. 40 ; and
II-will organize and maintain the registration of the avulous port workers.
§ 1 The inscription on the dock worker's register will depend exclusively on professional prior habilitation of the worker concerned, upon training carried out in entity indicated by the labor management body.
§ 2 The admission to the record of the avulso port worker depends on prior selection and inscription on the register of which treats the inciso I of the caput, obeyed the availability of vacancies and the chronological order of enrollment in the enrollment.
§ 3 The inscription on the register and the registration of the harbour worker extinguishes by death or cancellation.
Art. 42. The selection and registration of the avulso harbour worker will be made by the avulsa labor management body in accordance with the standards set out in contract, convention or collective work agreement.
Art. 43. The remuneration, the definition of the functions, the composition of the suits, the multifunctionality and the other conditions of the avulent work shall be the subject of negotiation between the representative entities of the avulsos and operators port workers ports.
Single Paragraph. The negotiation provided for in the caput will contemplate the minimum income guarantee entered in item 2 of Article 2 of Convention No. 137 of the International Labour Organization-ILO.
Art. 44. It is provided to holders of port facilities subject to authorisation arrangements for the hiring of indefinite duration workers, observed the contract, convention or collective agreement of employment.
Art. 45. (VETADO).
CHAPTER VII
DAS INFRACTIONS AND PENALTIES
Art. 46. Constitutes infraction every action or omission, voluntary or involuntary, that matters in:
I-conduct of port operations with contravention of the provisions of this Act or with non-compliance with port regulations ;
II-unjustified refusal, by the labor management body, of the distribution of workers to any port operator ; or
III-use of land, area, equipment and port facilities, within or outside the organized harbour, with deviation of purpose or with disrespect to the law or regulations.
Single Paragraph. It responds by the infraction, jointly or in isolation, any physical or legal person who, intervening in the port operation, agrees to his or her practice or benefits.
Art. 47. The infractions are subject to the following penalties, applicable separate or cumulatively, according to the severity of the lack:
I-warning ;
II-fine ;
III-prohibition of admission to the area of the port for period of 30 (thirty) to 180 (one hundred and eighty) days ;
IV-suspension of port operator activity, for the period of 30 (thirty) to 180 (one hundred and eighty) days ; or
V-cancellation of the port operator accreditation.
Single Paragraph. Without prejudice to the provisions of this Act, they apply in the alternative to the infractions provided for in art. 46 the penalties set out in the Act No. 10,233 of June 5, 2001, separated or cumulatively, according to the seriousness of the lack.
Art. 48. Ascertained, in the same process, the practice of 2 (two) or further infractions by the same physical or legal person, cumulatively apply the penalties to them, if the infractions are not identical.
§ 1 ° Will be brought together in a single process the various autos or representations of continued infraction, for application of the penalty
§ 2 ° shall be deemed to be continued the infractions when it is a repeat of a still unascertained lack or object of the proceedings, of whose establishment the offender is not aware, by means of subpoena.
Art. 49. In the absence of a penalty payment within 30 (thirty) days, counted from the science by the offender of the final decision imposing the penalty, the execution process will be carried out.
Art. 50. The pecuniary imports resulting from the application of the fines provided for in this Act will revert to Antaq in the form of the article's inciso V of the caput . 77 of Law n ° 10,233 of June 5, 2001.
Art. 51. The disfulfillment of the willing in the arts. 36, 39 and 42 of this Act will subject the offender to the fine provided in the inciso I of the art. 10 of Law No. 9,719 of November 27, 1998, without prejudice to the other cabin sanctions.
Art. 52. The disfulfillment of the provisions of the caput and § 3 ° of the art. 40 of this Act will subject the offender to the fine provided in the inciso III of the art. 10 of Law No. 9,719 of November 27, 1998, without prejudice to the other cabin sanctions.
CHAPTER VIII
DO NATIONAL PORT DREDGING PROGRAM AND HYDROTRAVARY II
Art. 53. It is instituted the National Port and Hydroviary Dragon II Program, to be deployed by the Registry of Ports of the Presidency of the Republic and by the Ministry of Transport, in the respective areas of acting.
§ 1 The Program of which treats the caput covers, among other activities:
I-the works and services of dredging engineering for maintenance or extension of port and hydropathic areas, including navigation channels, evolution and fundel basins, and docking berths, understanding the removal of the material submerged and the excavation or defeation of the berth ;
II-the signaling and balization service, including the acquisition, installation, reposition, maintenance and modernization of nautical signals and equipment required of the hydropathways and access to ports and port terminals ;
III-environmental monitoring ; and
IV-the management of the execution of the services and works.
§ 2 ° For the purposes of the Program that it treats the caput, consider it:
I-dredging: work or engineering service that consists of cleaning, unobstruction, removal, defeation or excavation of material from the bottom of rivers, lakes, seas, bays and canals ;
II-draga: specialized equipment coupled with the vessel or the fixed, mobile or floating platform, used for execution of works or dredging services ;
III-dredged material: material withdrawn or shifted from the bed of the bodies of water arising from the dredging activity and transferred to place of eviction authorized by the competent organ ;
IV-dredging company: legal person who has per object the realization of work or dredging service with the use or not of vessel ; and
V-signaling and balization: nautical signals for the aid to navigation and the transmission of information to the navigator, in order to enable secure access and traffic positioning.
Art. 54. The dredging by result comprises the hiring of engineering works aimed at the deepening, widening or expansion of harbour and hydropathic areas, including navigation channels, evolution and fundel basins and berths of attraction, as well as signage services, balization, environmental monitoring and others aimed at maintaining the conditions of depth and safety set out in the deployed project.
§ 1 The works or dredging services by result will be able to contemplate more than one port, in a same contract, when such a measure is more advantageous to the public administration.
§ 2 In the contracting of dredging per result, the provision of warranty by the contractor is mandatory.
§ 3 The duration of contracts for which this article deals will be up to 10 (ten) years, imextenable.
§ 4 The hiring of the works and services within the National Port and Hydroviary Dragon II Program may be made by means of international tenders and use the Differentiated Scheme of Public Contracts, of which treats Law n ° 12,462 of August 4, 2011.
§ 5 The public administration will be able to hire company to manage and audit the services and works contracted in the form of the caput.
Art. 55. Vessels intended for dredging subject to the specific safety standards of navigation established by the maritime authority and do not submit to the provisions of Law No. 9,432 of January 8, 1997.
CHAPTER IX
FINAL AND TRANSITIONAL PROVISIONS
Art. 56. (VETADO).
Single Paragraph. (VETADO).
Art. 57. The tenancy agreements in force affirmed under Law No. 8,630 of February 25, 1993, which possess express provision of further extension, may have their advance extension, at the discretion of the granting power.
§ 1 The early extension of which treats the caput will depend on the express acceptance of obligation to carry out investments, background drawn up by the lessee and approved by the conceded power by up to 60 (sixty) days.
§ 2 ° (VETADO).
§ 3 Case, at the discretion of the discrete power, the anticipation of the extensions of which it treats the caput is not effective, such a decision does not necessarily imply in the refusal of the originally intended contractual extension.
§ 4 ° (VETADO).
§ 5 The Executive Power is expected to refer to the National Congress, up to the last working day of the month of March each year, detailed report on the implementation of the initiatives taken on the basis of this Act, including at least the following info:
I-relation of lease and concession contracts in force until December 31 of the previous year, by organized port, indicating date of contracts, holding company, detailed object, area, duration, and situation of adimpletion with respect to contractual clauses ;
II-relation of the port facilities operated upon permits in force until December 31 of the previous year, according to the location, whether within or outside the organized port, indicating date of authorization, undertaking holder, object detailed, area, duration and adimpletion situation with respect to the clauses of the terms of accession and authorization ;
III-relation of the contracts bid in the previous year on the basis of the provisions of the art. 56 of this Act, by organized port, indicating date of the contract, modality of the tender, undertaking holder, object, area, duration and value of investments made and provided for in the concession or lease agreements ;
IV-relationship of the terms of authorisation and the accession contracts adapted in the previous year on the basis of the provisions of the arts. 58 and 59 of this Act, indicating date of the contract of authorization, undertaking holder, object, area, duration and value of investments made and provided for in the terms of accession and authorization ;
V-relation of the port facilities operated in the previous year on the basis of the provision in art. 7 ° of this Act, indicating concessionary company, company that effectively uses the port facility, reason and justification of the use by interested non-holder of the lease or concession and time limit of use.
Art. 58. The terms of authorization and the contracts for accession in force shall be adapted to the provisions of this Act, in particular to that provided for in § § 1 ° to 4 ° of the Art. 8 °, regardless of public call or selective process.
Single Paragraph. The Antaq should promote the adaptation of which it treats caput within 1 (one) year, counted from the date of publication of this Act.
Art. 59. The port facilities listed in the incisos I to IV of the caput of the art. 8 °, located within the area of the organized harbour, will have ensured the continuity of their activities, provided that the adaptation under the Art. 58.
Single Paragraph. Applications for authorization for operation of port facilities listed in the incisos I to IV of the art. 8 °, located within the area of the organized harbour, protocoled in the Antaq until December 2012, may be deinjured by the granting power, provided that it has been proven up to the said date the area's useful domain.
Art. 60. The bidding procedures for homologation of approved dredging and dredging contracts in force on the date of publication of this Act remain governed by the provisions of Law No. 11,610 of December 12, 2007.
Art. 61. Until the publication of the regulation provided for in this Act, rules shall be kept for the composition of the boards of the port authority and supervisory boards and executive boards of the labor management bodies.
Art. 62. The inadimplement, by the dealerships, leases, authorized and port operators in the collection of port fares and other financial obligations to the port administration and Antaq, thus declared in final decision, makes it impossible for the defaulting to celebrate or extend concession and lease agreements, as well as to obtain new authorizations.
§ 1 To address disputes concerning the debits referred to in the caput, arbitration may be used under Law No 9,307 of September 23, 1996.
§ 2 ° The impediment provided for in the caput also applies to legal persons, directly or indirectly, controllers, controlled, collated, or common controller with the default.
Art. 63. The Docas Companies will observe simplified regulation for the hiring of services and the procurement of goods, observed the constitutional principles of advertising, impersonality, morality, economicity and efficiency.
Art. 64. The Docas Companies will conclude with the Office of the Ports of the Presidency of the Republic commitments for targets and business performance that they will establish, pursuant to the Regulation:
I-goals, goals and results to be reached, and deadlines for their achievement ;
II-indicators and benchmarks of performance ;
III-additional consideration by virtue of their fulfillment ; and
IV-criteria for the professionalization of the management of Docas.
Art. 65. They are transferred to the Registry of Ports of the Presidency of the Republic the competencies assigned to the Ministry of Transport and the National Department of Transportation Infrastructure-DNIT in general and specific laws relating to ports fluvials and laccustres, except for the skills concerning small public port facilities.
Art. 66. It applies in a subsidized way to the tenders for port concession and port facility rental the provisions of the Leis n ° s 12,462, August 4, 2011, 8,987, February 13, 1995, and 8,666, June 21, 1993.
Art. 67. It applies in the subsidiary to this Act the provisions of Law No. 10,233 of June 5, 2001, in particular with regard to the powers and assignments of Antaq.
Art. 68. The polygonal areas of organized harbours that do not meet the provisions of the art. 15 should be adapted within 1 (one) year.
Art. 69. (VETADO).
Art. 70. The art. 29 of Law No. 5,025 of June 10, 1966, passes vigorously with the following essay:
" Art. 29. Public services necessary for import and export should be centralised by the public administration in all organised ports.
§ 1 The services of which it treats the caput will be provided on time railing and coincidental with the operation of each port, in shifts, including on Sundays and holidays.
§ 2 The time provided for in § 1 ° may be reduced by act of the Executive Power, provided that there is no injury to national security and port operation.
.............................................................................................................. " (NR)
Art. 71. Law No. 10,233 of June 5, 2001 passes vigorously with the following changes:
" Art. 13. Ressalvation of the provisions of specific legislation, the outorgas referred to in the inciso I of the caput of the art. 12 will be held in the form of:
.............................................................................................................. " (NR)
" Art. 14. Re-salvaged the provisions of specific legislation, the provisions of art. 13 applies as per the following guidelines:
.......................................................................................................................
III-depends on authorization:
.........................................................................................................................
c) the construction and operation of the port facilities of which it treats art. 8 ° of the Act in which the Provisional Measure n ° 595 was converted from December 6, 2012 ;
........................................................................................................................
g) (repealed) ;
h) (repealed) ;
............................................................................................................. " (NR)
" Art. 20. .....................................................................................................
I-implement, in the respective spheres of acting, the policies formulated by the National Board of Integration of Transportation Policies, by the Ministry of Transport and the Office of Ports of the Presidency of the Republic, in the respective areas of competence, in accordance with the principles and guidelines set out in this Act ;
............................................................................................................ " (NR)
" Art. 21. The National Land Transportation Agency-ANTT and the National Transportation Agency Aquaviarians-ANTAQ, members of the indirect federal administration, submitted to the special and linked municipal regime, respectively, to the Ministry of Transport and to the Registry of Ports of the Presidency of the Republic, pursuant to this Act.
............................................................................................................ " (NR)
" Art. 23. They constitute the acting sphere of Antaq:
...............................................................................................................
II-the organized harbours and the port facilities in them ;
III-the harbour facilities that it treats art. 8 ° of the Act in which the Provisional Measure was converted No 595 of December 6, 2012 ;
...............................................................................................................
§ 1 Antaq shall articulate itself with organs and entities of the administration, for resolution of the interfaces of the aquaviary transport with the other modes of transport, with the purpose of promoting the most economical intermodal movement and safe from people and goods.
........................................................................................................... " (NR)
" Art. 27. ...................................................................................................
I-promote specific studies of aquaviary transportation demand and port activities ;
.........................................................................................................................
III-propose to the Ministry of Transport the general plan for the operation of the avian infrastructure and the provision of aquaviary transport services ;
a) (repealed) ;
b) (repealed) ;
...........................................................................................................................
VII-promote the revisions and readjustments of the port fees, ensured prior communication, at minimum notice of 15 (fifteen) working days, to the granting power and to the Ministry of Finance ;
...........................................................................................................................
XIV-establish standards and standards to be observed by the port administrations, dealers, tenants, authorized agents and port operators, under the Act in which the Provisional Measure n ° 595, 6, December 2012 ;
XV-elaborate editions and convocation instruments and promote bidding and selection procedures for grant, lease or authorization of the exploration of organized harbours or port facilities, according to guidelines of the power conceded, in obedience to the provisions of the Act in which the Interim Measment was converted into the 595, December 6, 2012 ;
XVI-comply with and enforce the clauses and conditions of the organised port concession contracts or the contracts for the renting of port facilities as to the maintenance and reposition of the goods and equipment reversible to the Union of which it treats the inciso VIII of the caput of the art. 5 ° of the Act in which the Provisional Measure n ° 595 was converted from December 6, 2012 ;
.............................................................................................................................
XXII-scrutinise the implementation of the contracts for the accession of the port facility permits of which it treats art. 8 ° of the Act in which the Provisional Measure n ° 595 was converted from December 6, 2012 ;
...........................................................................................................................
XXV-celebrate grant outorga acts for the exploitation of the avian infrastructure, managing and scrutinizing the respective contracts and other administrative instruments ;
XXVI-scrutinize the execution of the port concession and port facility concession contracts, in accordance with the provisions of the Act in which the Interim Measure No. 595 of December 6, 2012 ;
XXVII-(revoked).
§ 1 ° .................................................................................................................
........................................................................................................................
II-participate in international forums, under the coordination of the Executive Power ; and
.......................................................................................................................
§ 3 ° (Revogated).
§ 4 ° (Revogated). " (NR)
" Art. 33. Subject to the provisions of specific legislation, the acts of outorship of authorization, grant or permission edited and concluded by ANTT and Antaq shall comply with the provisions of Law No 8,987 of February 13, 1995, in Subsections II, III, IV and V of this Section and in the supplementary regulations edited by the Agencies. " (NR)
" Art. 34-A. ....................................................................................................
......................................................................................................................
§ 2 The author of the tender will necessarily indicate, re-salvaged the provisions of specific legislation:
......................................................................................................... " (NR)
" Art. 35. The concession contract should faithfully reflect the conditions of the edition and the winning proposal and will have as essential clauses, re-salvaged the provisions of specific legislation, those relating to:
.......................................................................................................... " (NR)
" Art. 43. The authorization, ressaved the provisions of specific legislation, will be given to the guidelines laid down in the arts. 13 and 14 and presents the following characteristics:
............................................................................................................. " (NR)
" Art. 44. The authorization, ressaved the provisions of specific legislation, will be disciplined in own regulation and will be bestued upon term that will indicate:
............................................................................................................. " (NR)
" Art. 51-A. It is assigned to the Antaq the supervisory competence of the activities developed by the organized port administrations, port operators and the leases or authorization of port facilities, observed the provisions of the Act in the which was converted to Provisional Measure n ° 595, December 6, 2012.
§ 1 In the allocation cited in the caput include the administrations of ports object of delegation arrangements concluded pursuant to Law No. 9,277 of May 10, 1996.
§ 2 Antaq shall provide the Ministry of Transport or the Office of Ports of the Presidency of the Republic with all necessary support for the conclusion of the delegation arrangements. " (NR)
" Art. 56. ..........................................................................................................
Single Paragraph. It is up to the Minister of State for Transport or the Chief Minister of the Office of the Office of the Office of Ports of the Presidency of the Republic, as the case shall be, to establish the disciplinary administrative procedure, competing for the President of the Republic to determine the preventative removal, when it is the case, and to utter the judgment. " (NR)
" Art. 67. Decisions of the Directors will be taken by the vote of the absolute majority of its members, with the Director General the vote of quality, and will be registered in the minutes.
Single Paragraph. The dates, the tariffs and the minutes of the board meetings, as well as the documents that instruct them, should be the subject of broad advertising, including via the internet, in the form of the regulation. " (NR)
" Art. 78. ANTT and Antaq will submit to the Ministry of Transport and the Office of Ports of the Presidency of the Republic, respectively, their annual budget proposals under the current legislation.
............................................................................................................. " (NR)
" Art. 78-A. .............................................................................................
§ 1 In the application of the sanctions referred to in the caput, Antaq shall observe the provisions of the Act in which the Provisional Measure n ° 595 was converted from December 6, 2012.
§ 2 The application of the sanction provided for in the inciso IV of the caput, when it is a port concession arranged or renting and authorization of port facility, shall be fit to the granting power, upon proposal by Antaq. " (NR)
" Art. 81. ....................................................................................................
..................................................................................................................
III-installations and transshipment pathways and intermodal interface, except for port ones ;
IV-(revoked). " (NR)
" Art. 82. ..................................................................................................
..................................................................................................................
§ 2 In the exercise of the assignments provided for in this article and relating to waterways, the DNIT shall observe the specific prerogatives of the maritime authority.
....................................................................................................... " (NR)
Art. 72. Law No. 10,683 of May 28, 2003 passes in effect with the following changes:
" Art. 24-A. To the Registry of Ports competes directly and immediately the President of the Republic in the formulation of policies and guidelines for the development and promotion of the seaport sector and maritime port facilities, river and laccustres and, especially, promote the implementation and evaluation of measures, programs and projects supporting the development of the infrastructure and overstructure of the seaports and port facilities, river and laccustres.
....................................................................................................................
§ 2 ° ............................................................................................................
...................................................................................................................
III-the elaboration of the general plans for outorgas ;
.....................................................................................................................
V-the development of the infrastructure and aquavian superstructure of the ports and port facilities under its acting sphere, with the purpose of promoting the safety and efficiency of the aquaviary transportation of loads and of passengers.
......................................................................................................... " (NR)
" Art. 27. ..............................................................................................
............................................................................................................
XXII-..................................................................................................
a) national policy on rail, road and aquaviary transport ;
b) merchant marine and waterways ; and
c) participation in the coordination of aeroviary transport ;
....................................................................................................... " (NR)
Art. 73. Law No. 9,719 of November 27, 1998 passes on the increased vigour of the following art. 10-A:
" Art. 10-A. It is ensured in the form of the regulation, monthly assistive benefit, up to 1 (one) minimum wage, to avulsive port workers, with more than 60 (sixty) years, who do not meet the requirements for the acquisition of the retirement modalities predicted in the arts. 42, 48, 52 and 57 of Law No 8,213 of July 24, 1991 and who do not possess means to provide for their livelihood.
Single Paragraph. The benefit of this article cannot be accumulated by the beneficiary with any other within the framework of the social security or other scheme, save those of medical care and special pension of indenizatory nature. "
Art. 74. (VETADO).
Art. 75. This Act shall enter into force on the date of its publication.
Art. 76. Stay revoked:
I-Law n ° 8,630 of February 25, 1993 ;
II-Law n ° 11,610 of December 12, 2007 ;
III-the art. 21 of Law n ° 11,314 of July 3, 2006 ;
IV-the art. 14 of Law n ° 11,518 of September 5, 2007 ;
V-the following devices in Law No. 10,233 of June 5, 2001:
a) the g and h points of the inciso III of the caput of the art. 14 ;
b) the points a and b of the inciso III of the art's caput . 27 ;
c) the inciso XXVII of the caput of the art. 27 ;
d) the § § 3 ° and 4 ° of the art. 27 ; and
e) the inciso IV of the caput of the art. 81 ; and
VI-the art. 11 of Law n ° 9,719 of November 27, 1998.
Brasilia, June 5, 2013 ; 192 ° of Independence and 125 ° of the Republic.
DILMA ROUSSEFF
Jose Eduardo Cardozo
Guido Mantega
César Borges
Manoel Days
Miriam Belchior
Garibaldi Alves Filho
Luis Inacio Lucena Adams
Mário Lima Junior
