Decree No. 5269, 10 November 2004

Original Language Title: Decreto nº 5.269, de 10 de Novembro de 2004

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DECREE NO 5,269 OF November 10, 2004

Provides on the competence, composition and operation of the Director Board of the Merchant Marine Fund-CDFMM, and gives other 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 the art. 23 of Law No. 10,893 of July 13, 2004,

DECRETA:

Art. 1º The Board Director of the Merchant Marine Fund-CDFMM, a collegiate body of deliberative character, an integral part of the basic structure of the Ministry of Transport, created by art. 23 of Law No. 10,893 of July 13, 2004, is intended to administer the Merchant Marine Fund-FMM, as well as to monitor and evaluate its application.

Art. 2º CDFMM has the following competencies:

I-subsidise the formulation and implementation of the national merchant marine policy and the Brazilian shipbuilding and repair industry ;

II-draw up and submit to the approval of the Minister of State for Transport the annual application programming of the resources of the FMM ;

III-approve the budget of the FMM ;

IV-deliberation on the application of the resources of the FMM ;

V-supervise the collection of the Additional to the Freight for the Renewal of the Merchant Navy-AFRMM and the sharing and targeting of your product ;

VI-comply with and enforce the general standards on applications for funding and prioritisation, with the use of FMM resources, edited by the Minister of State for Transport ;

VII-deliberating on the projects funded with FMM resources and track the implementation ;

VIII-deliberating on the grant of financial support priority of the FMM ;

IX-deliberating on requests for cancellation of priority, supplementation of resources after hiring funding, project or cost changes exceeding ten percent of the value of the prioritized project, and alteration of the contractor hired after giving priority ;

X-propose to the Minister of State for Transport the realization of arrangements and contracts with FMM financial agents and others of interest in the development of aquaviary transport and the construction and repair industry Brazilian naval ;

XI-set criteria for the release of the financial resources of the linked accounts ;

XII-fix the necessary conditions for enabling new financial agents of the FMM and follow up on their activities ;

XIII-advising the Minister of State for Transport in the set of activities related to his competence ;

XIV-require the effective provision of accounts of the entities referred to in § § 1º, 2º and 3º of the art. 17 of Law No. 10,893, 2004 ;

XV-monitor and evaluate the economic and financial management of resources, as well as the performance of approved programs ;

XVI-to monitor and scrutinize the operations carried out by financial agents, with resources of the FMM ;

XVII-pronounce on the accounts of the FMM, prior to their forwarding to the internal control bodies for legal purposes ; and

XVIII-engage in other activities that are committed to it by the Minister of State for Transport.

§ 1º The CDFMM shall draw up its internal regiment, within sixty days from the date of its installation, and shall submit it to the approval of the Minister of State for Transport.

§ 2º The management of the implementation of the FMM will be carried out by the Ministry of Transport, with the National Economic Development and Social Development Bank-BNDES, as well as the authorized federal official banks, the role of agent financial.

Art. 3º The Ministry of Transport, in the quality of manager of the application of the FMM, competes:

I-practise all acts necessary for the management of the Fund, in accordance with the guidelines and programs established by the CDFMM ;

II-expedition normative acts concerning the allocation of resources for implementation of the programs proposed by CDFMM ;

III-draw up annual budgets and multiannual plans for the application of resources by submitting them until July 31 to the CDFMM ;

IV-monitor the implementation of the programs aimed at the development of the Merchant Navy and the Brazilian shipbuilding and repair industry, arising from the application of FMM resources ;

V-submit to the consideration of the CDFMM the accounts of the FMM ; and

VI-set the targets to be achieved in the development programs of the Merchant Navy and the Brazilian shipbuilding and repair industry.

Art. 4º The CDFMM has the following composition:

I-Executive Secretary of the Ministry of Transport, who will chair him ;

II-Secretary of Fomento for Transportation Actions of the Ministry of Transport ;

III-Director of the Department of the Merchant Marine Fund of the Fomento Registry for Transportation Shares of the Ministry of Transport ;

IV-Federal Budget Secretary of the Ministry of Planning, Budget and Management ;

V-Secretary of the National Treasury of the Ministry of Finance ;

VI-Secretary for Production Development of the Ministry of Development, Industry and Foreign Trade ;

VII-Subchief of the General Staff of the Armada of the Navy of Brazil ;

VIII-a representative of the Union of Fluvial Navigation Companies in the State of the Amazon-SINDARMA ;

IX-a representative of the National Syndication of Maritime Navigation Companies-SYNDARMA ;

X-a representative of the National Confederation of Workers in Aquaviary and Air Transport, Fisheries and the Ports-CONTTMAF ;

XI-a representative of the National Union of Naval Construction Industry-SINAVAL ; and

XII-a representative of the National Confederation of Metalworkers-CNM.

§ 1º The alternates of the members referred to in the incisos III to VII shall be appointed by the Minister of State for Transport, on the indication of their respective Ministers of State.

§ 2º The representatives referred to in the incisors VIII to XII, and their alternates, shall be appointed by the Minister of State for Transport, by indication of the legal representatives of the respective entities, for a mandate of two years.

§ 3º The Chairman of the CDFMM will be replaced in his absences and impediments by the Secretary of Fomento for Transport Actions and this, in his absence, by the Director of the Department of the Merchant Navy Fund.

Art. 5º May be invited to participate in CDFMM meetings, entitled to voice but not to vote, representatives of the financial agents of the FMM, public bodies and private entities, whenever their presence is deemed necessary.

Art. 6º The CDFMM shall deliberate upon resolution, by a majority of votes, with the minimum presence of seven members, with the Chairman also the vote of quality.

Art. 7º CDFMM meetings will be registered at minutes and their resolutions, published in the Official Journal of the Union.

Art. 8º These are attributions of the President of the CDFMM, without prejudice to other established in the internal regiment:

I-convene and chair the meetings of the collegiate ;

II-request information and positioning on topics of relevant interest for the development of the merchant navy and the Brazilian shipbuilding and repair industry ;

III-firming the minutes of meetings and type-approval of resolutions.

Art. 9º In the cases provided for in the internal regiment, the Chairman of the CDFMM will be able to deliberate ad referendum of the Plenary.

Art. 10. The CDFMM will count on the technical and administrative support of the Department of the Merchant Navy Fund.

Art. 11. All expenses related to the participation of the representatives in the CDFMM will run to the budget appropriations account of the respective public bodies and private entities that there to be represented there.

Art. 12. For the fulfillment of its functions, CDFMM will count on budgetary and financial resources earmarked in the budget of the Department of the Merchant Navy Fund.

Art. 13. Participation in CDFMM activities will be considered relevant, non-remunerated service.

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

Brasilia, November 10, 2004 ; 183º of Independence and 116º of the Republic.

LUIZ INACIO LULA DA SILVA

Alfredo Nascimento