Decree No. 6639, November 7 2008

Original Language Title: Decreto nº 6.639, de 7 de Novembro de 2008

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DECREE NO 6,639, DE November 7, 2008.

Regulation Law no 11,668, of May 2, 2008, which has on the exercise of postal franchise activity, and gives other provider.

THE PRESIDENT OF THE REPUBLIC,in the use of the attribution that confers you the art. 84, inciso IV, of the Constitution, and in view of the provisions of Law no 11,668, of May 2, 2008,

DECRETA:

Art. 1º This Decree regulates the exercise of postal franchise activity, observed the other standards governing postal services.

Art. 2º The deployment and maintenance of postal franchise activity will be carried out, exclusively, by the Brazilian Company of Post and Telegraph-ECT, under the supervision of the Ministry of Communications, in the form of Law No. 6,538 of June 22, 1978, and of this Decree, in the performance of ancillary activities relating to the service postal, depending on the provisions of § 1º of the art. 1º of Law No. 11,668 of May 2, 2008.

§ 1o The ancillary activities relating to the postal service consist of the production or matching object preparation, values and orders that precede the receipt of these posted by ECT, for later distribution and delivery to the final recipients.

§ 2o The activities of receiving, expedition, transportation, and delivery of objects from correspondence, values and orders, inherent in the provision of postal services, do not confuse with ancillary activities relating to postal service, and may not be the subject of the franchise contract.

§ 3o For the purposes of the provisions of this article, you shall consider:

I-Franqueated Post Office Agency-AGF: legal person of private law, selected in specific licitatory procedure and contracted by ECT for the performance of postal franchise activity ;

II-postal franchise activity: execution of ancillary activities relating to postal service ;

III-receipt: act by which the matching objects, values, and orders are placed under the responsibility of ECT for the provisation of postal services ;

IV-expedition: activity that aims for the consolidation of the matching objects, values, and orders received to be forwarded to the respective destinations ;

V-transportation: forwarding of the matching objects, values and orders received to the respective targets ; and

VI-delivery: activity of making arrival the postal object or telegraphic message to the recipient or to the address indicated, or, yet, to the sender, in the case of return of postal object.

§ 4o The performance of the activities of which it treats the caput will observe the provisions of this Decree, the relevant legal norms, the standards of the Ministry of Communications, the normative administrative acts of ECT, the author of tender and the franchise agreement.

§ 5o For the purposes of the provisions in the caput, they should be observed, in the alternative, in what couber, the provisions of the Leis nthose 8,666, June 21, 1993, 8,955, December 15, 1994, 10,406, January 10, 2002, and related federal legislation.

Art. 3o The activities concerning the exercise of the postal franchise should observe the following guidelines:

I-quality in the performance of activities and in the customer tract ;

II-optimization of the ECT listening network ;

III-amenity of customers ; and

IV-systemic and periodic evaluation, by ECT, of AGF performance, in order to verify its contribution to the results of the Company and to the achievement of the objectives of universalization of postal services by ECT.

Art. 4o ECT will introduce tender tender procedure targeting the hiring of person private law legal, interested in performing ancillary activities relating to the postal service, observed the provisions of Law No. 11,668, 2008, and of this Decree.

§ 1o It is vetoed to a same legal person, directly or indirectly, the exploitation of more of two postal franchises.

§ 2o The sealant that treats § 1o applies to the partners of legal persons franchisades that exploit this activity, either directly or indirectly.

Art. 5o The operation of the AGF will give itself, exclusively, upon the conclusion of franchise contract, struck between ECT and the legal person selected in tender procedure, in the competition modality, using the trial criterion provided for in the inciso IV of the art caput. 15 of Law no 8,987, of February 13, 1995.

Art. 6o The term of term of the franchise agreement will be ten years.

Single Paragraph. The franchise contract may be renewed for once, for equal period, provided that it has proven fulfilment of the obligations relating to the franchise contract and the provisions of the art. 3o.

Art. 7o The deployment of AGFs, at any point in the national territory, no will prevent the free acting of ECT, by means of its own resources, in the performance of ancillary activities concerning the postal service.

Art. 8o ECT is expected to present to the Ministry of Communications Technical report synthetic, within ninety days counted from the publication of this Decree, containing the results of the technical and economic feasibility studies for AGF implantation, with information on the area covered, estimated cost of activity and remuneration of the Agencies.

Art. 9o The ECT will have the maximum period of twenty-four months, from the date of the publication of this Decree, to complete all the contraction provided for in art. 7o of Law no 11,668, of 2008, observed the provisions of this Decree.

§ 1o On the date that the AGFs contracted upon bidding procedure start their operations, will extinguish, in full right, the contracts entered into by ECT with the Franchised Mail Agencies, the one referred to as the art caput. 7º of Law No. 11,668, 2008, whose premises are in the acting areas of the former.

§ 2the After the deadline set in the single paragraph of the art. 7º of Law No. 11,668, 2008, will be considered to be extinct, in full right, all contracts concluded without prior bidding procedure by ECT with AGFs.

Art. 10 This Decree goes into effect on the date of its publication.

Brasilia, November 7, 2008 ; 187o of Independence and 120the of the Republic.

LUIZ INACIO LULA DA SILVA

Helio Costa