PROVISIONAL MEASURE # 2,073?38, DE June 13, 2001

Adds device to Law No. 9,605 of February 12, 1998, which has on the criminal and administrative penalties derived from harmful conduct and activities harmful to the environment.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers you the art. 62 of the Constitution, adopts the following Interim Measure, with force of law:

Art. 1º Law No. 9,605 of February 12, 1998, passes the following additional article:

" Art. 79?A. For compliance with the provisions of this Act, the environmental bodies of SISNAMA, responsible for the implementation of programs and projects and for the control and supervision of establishments and activities susceptible to degrading quality environmental, are allowed to celebrate, with extrajudicial executive title force, term of appointment with physical or legal persons responsible for the construction, installation, extension and operation of establishments and activities users of environmental resources, considered to be effective or potentially polluting.

§ 1º The term of commitment to which this article is intended?if?will exclusively enable the physical and legal persons mentioned in the caput to be able to promote the necessary corrections of their activities, to the meeting the requirements imposed by the competent environmental authorities, and it is mandatory for the respective instrument to have it on:

I? the name, qualification and address of the arbitration parties and their respective legal representatives ;

II? the duration of the commitment, which, depending on the complexity of the obligations in it, may vary between the minimum of ninety days and the maximum of three years, with possibility of extension per equal period ;

lII? the detailed description of their object, the value of the anticipated investment and the physical schedule of execution and deployment of the required works and services, with quarterly targets to be reached ;

IV? the fines that may be imposed on the committed physical or legal person and the cases of termination, in consequence of the no?compliance with the obligations in it ;

V? the value of the fine of which it treats inciso IV may not be higher than the value of the anticipated investment ;

VI? the competent forum for driving disputes between the parties.

§ 2º With regard to ongoing endeavors until March 30, 1998, involving construction, installation, extension and operation of environmental resource user establishments and activities, deemed effective or potentially polluting, the signing of the term of engagement should be required by the interested physical and legal persons, by December 31, 1998, upon written application filed with the competent bodies of the SISNAMA, and must be firmed by the maximum leader of the establishment.

§ 3º From the date of the protocolisation of the application provided for in § 2º and while lasting the duration of the corresponding term of appointment, they shall be suspended, in relation to the facts that have given cause for the conclusion of the instrument, the administrative penalties against the physical or legal person that there is firming.

§ 4º The conclusion of the term of commitment that it treats this article does not prevent the execution of possible fines applied before the application's protocolisation.

§ 5º Consider?if rescinded in full right the term of appointment, when unfulfilled any of its clauses, resurred the fortuitous case or force majer.

§ 6º The term of appointment should be firmed up in until ninety days, counted from the application protocolisation.

§ 7º The application for the conclusion of the term of appointment shall contain the information necessary to verify its technical and legal feasibility, under penalty of dismission of the

§ 8º Under penalty of ineffectiveness, the terms of engagement should be published in the competent official body, upon excerpt. " (NR)

Art. 2º Stay convalidated the acts practiced on the basis of the Provisional Measure No. ­2.073?37, of May 17, 2001.

Art. 3º This Provisional Measure comes into force on the date of its publication.

Brasilia, June 13, 2001 ; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Pedro Parente