Law No. 12,743, Of December 19, 2012

Original Language Title: Lei nº 12.743, de 19 de dezembro de 2012

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LEI N ° 12,743, DE December 19, 2012

Changes Laws n ° 10,233, June 5, 2001, and 12,404, of May 4, 2011, to modify the denomination of the High Speed Rail Transport Company S.A. -ETAV for S.A. Planning and Logistics Company -EPL, and extend their competencies ; and repeal device of Law No. 11,772 of September 17, 2008.

P R E S I D E N T A R E P U B L I C A I make know that the National Congress decrees and I sanction the following Law:

Art. 1 ° The High Speed Train Transportation Company S.A. -ETAV goes on to be named S.A. Planning and Logistics Company -EPL.

Art. 2 ° Law No. 12,404 of May 4, 2011 passes in effect with the following amendments, with new amendment:

" Authorizes the creation of the S.A. Planning and Logistics Company. -EPL ; establishes measures aimed at ensuring the economic and financial sustainability of the National Economic and Social Development Bank-BNDES ; it has on the authorization to guarantee the financing of the High Speed Trem-TAV, in the excerpt between the Municipalities of Rio de Janeiro, State of Rio de Janeiro, and Campinas, State of São Paulo ; and gives other arrangements. "

" Art. 1 ° This Act authorizes the Union to create the S.A. Planning and Logistics Company -EPL ; establishes measures aimed at ensuring the economic and financial sustainability of the National Economic and Social Development Bank-BNDES ; and has on the authorization to guarantee the financing of the High Speed Trem-TAV, in the excerpt between the Municipalities of Rio de Janeiro, State of Rio de Janeiro, and Campinas, State of São Paulo. " (NR)

" Art. 2 ° Stay the Executive Power authorized to create public company, called the S.A. Planning and Logistics Company -EPL, linked to the Ministry of Transport, with an indefinite duration.

Single Paragraph. EPL will have headquarters and venue in Brasilia, Federal District, and offices in Campinas, State of São Paulo, and in Rio de Janeiro, State of Rio de Janeiro, and may establish other offices in the face of the need for expansion of the company's business. " (NR)

" Art. 3 ° A EPL has per object:

I-plan and promote the development of the high-speed rail transport service in an integrated manner with the other modes of transport, by means of studies, research, infrastructure construction, operation and service exploration, administration and heritage management, technological development and activities aimed at the uptake and transfer of technologies ; and

II-provide services in the area of projects, studies and research aimed at subsidizing the planning of logistics and transport in the Country, considered the infrastructure, platforms and services pertinent to road modes, railway, dutoviary, aquaviary and aeroviary. " (NR)

" Art. 4 ° EPL subject to the own legal regime of private companies, including for civil, commercial, labor and taxation rights and obligations. " (NR)

" Art. 5 ° Compete to EPL:

I-draw up technical, legal, environmental and economic feasibility studies necessary for the development of logistics and transport projects ;

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III-plan, exercise and promote technology absorption and transfer activities in the transportation sector, celebrating and generating agreements, contracts and other congenial instruments required to perform this activity ;

IV-participate in the activities related to the transport sector, in the phases of project, manufacturing, deployment and operation, aiming at ensuring the absorption and transfer of technology ;

V-promote the empowerment and development of research and development activities in scientific and technological institutions, non-profit private law organizations aimed at research activities and development, and national societies, including basic industrial technology, related to the transport sector ;

VI-subsidizing the formulation, planning and implementation of actions within the framework of logistics and transportation policies, so as to provide that transport modalities integrate with each other and, where feasible, the endeavors of infrastructure and public services unrelated manifestly to transport ;

VII-plan and promote the dissemination and incorporation of the technologies used and developed within the transport sector in other segments of the economy ;

VIII-obtain environmental license required for ventures in the area of transport infrastructure ;

IX-develop social and socio-environmental impact studies for transport ventures ;

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XI-promote studies aimed at supporting programs, modernization and empowerment of the national industry, objecting to maximizing the participation of this in the supply of goods and equipment needed for the expansion of the transport sector ;

XII-draw up short, medium-and long-term studies, necessary for the development of infrastructure expansion plans of the logistics and transportation sectors ;

XIII-propose goals plans aimed at rational use and conservation of the transport infrastructure and superstructure, and may establish cooperation partnerships for that purpose ;

XIV-coordinate, execute, scrutinize and administer infrastructure works and superstructure high-speed rail transport ;

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XVIII-administer the operation programs of the high-speed rail infrastructure on the railways outored to EPL ;

XIX-provide services to Union bodies and entities, States, Federal District and Municipalities in matters of their specialty ;

XX-draw up special studies regarding the global and intermodal demand for transport, by regions, in the sense of subsidizing the incorporation of these elements into the formulation of public policies aimed at reducing inequalities regional ones, especially those that are intended to stimulate the development of the logistics system in the North and Northeast Regions and other territorial areas covered by the National Regional Development Policy ;

XXI-devise basic and executive projects of transport infrastructure works ; and

XXII-exercise other activities pertinent to your object, as per the social statute prediction.

§ 1 The studies and research developed by EPL will be able to subsidize the formulation, planning and implementation of actions of organs and entities of the federal public administration within the framework of logistics and transportation policy.

§ 2 EPL can act in an articulated fashion:

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III-with any public bodies and entities responsible for endeavors that may be associated with the deployment of transport infrastructure works, generating synergy.

§ 3 ° (Revogated).

§ 4 EPL may constitute integral subsidiary, as well as participate as a partner or minority shareholder in other societies, provided that such constitution or participation is aimed at its social object, in accordance with the vigour legislation. " (NR)

" Art. 6 ° For the purposes of the provisions of the incisos II, III and V of the caput of the art. 5 °, EPL will adopt simplified procedure, disciplined in own regulation, for the selection of scientific and technological institutions, non-profit private law organizations aimed at research and development activities and national societies that will be a party to the processes of transfer, development and absorption of technologies and licensing of patents, observed the principles of legality, impersonality, morality, advertising and efficiency.

Single Paragraph. In the hiring carried out by EPL for technology transfer and for licensing of rights of use or protected breeding, the willing on the inciso XXV of the art's caput applies. 24 of Law No. 8,666 of June 21, 1993. " (NR)

" Art. 7 ° It is dismissed from bidding for EPL contracting by organs or entities of the public administration with a view to carrying out activities pertinent to its object. " (NR)

" Art. 8 ° The EPL will be organized in the form of a closed capital-owned corporation and will have its capital represented by nominative common shares, of which at least 50% (fifty per cent) plus 1 (one) will be of Union title.

Single Paragraph. The Union will integrate the social capital of EPL and promote the initial constitution of its heritage through capitalisation in cash and susceptible valuation goods. " (NR)

" Art. 9 ° Constitution of EPL resources:

I-the consignment in Union budgets, additional credits, transfers and repasses that are given to you ;

II-those arising from the exploitation of property rights and those received by the sale of publications, technical material, data and information ;

III-those arising from the disposal of goods and rights and the provision of services, including those arising from the operation and operation of high-speed rail transport ;

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VII-those coming from agreements, arrangements and congenial instruments that perform with national and international, public or private entities ; and

VIII-rents coming from other sources. " (NR)

" Art. 10. The EPL will be constituted by the general meeting of shareholders, to be convened by the National Farm Attorney General's Office.

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" Art. 11. The EPL will be directed by a Board of Directors and an Executive Board.

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" Art. 12. The EPL will have a Fiscal Council, whose members will be elected annually by the general assembly, with possibility of re-election.

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" Art. 14. The legal regime of EPL personnel will be that of the Consolidation of Labor Laws-CLT, approved by Decree-Law No. 5,452 of 1 May 1943, and the supplementary legislation, conditional on hiring prior approval in public tender of evidence or evidence and titles.

Single Paragraph. It is authorized, by the time limit of 48 (forty-eight) months, counted from the date of installation of EPL, the assignment of servers and public employees to EPL, regardless of the occupation of office in commission or trust function, assured of the servers and public employees all the rights and advantages to which they would do jus in the organ or entity of origin. " (NR)

" Art. 15. It is EPL, for the purposes of its deployment, equip with the legal persons referred to in art. 1 ° of Law No. 8,745 of December 9, 1993 to hire technical and administrative staff for a given time.

§ 1 It is considered as a temporary necessity of exceptional public interest, for the purposes of Law No. 8,745 of December 9, 1993, the hiring of technical and administrative staff for a given time, which is indispensable to the initial functioning of EPL.

§ 2 The hiring referred to in § 1 ° shall observe the provisions of the caput of the art. 3 °, at art. 6 °, in the inciso II of the art caput. 7 ° and in the arts. 9 ° and 12 of Law No. 8,745 of December 9, 1993 and may not be effective after the deadline of 36 (thirty-six) months, counted from the date of the installation of the EPL.

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§ 4 ° In the hiring that treats caput, EPL is expected to require as criteria for selection certification in high school or academic titles and professional experience attestations compatible with the area in which the candidate intends to perform its activities. " (NR)

" Art. 16. It is authorized to EPL to sponsor closed private pension entity under the current legislation.

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" Art. 17. The EPL is subject to the supervision of the Ministry of Transport and the supervision of the Controller-General of the Union and the Court of Auditors of the Union. " (NR)

" Art. 17-A. EPL will disclose, on its electronic site, managerial and administrative information regarding its acting as well as the concluded contracts and other congenial instruments necessary to the performance of its activities, observed the provisions of the Act n ° 12,527, November 18, 2011. "

" Art. 18. It applies to EPL the provisions of Law No. 10,973 of December 2, 2004. " (NR)

Art. 3 ° Law No. 10,233 of June 5, 2001, passes effect with the following amendments:

Art. 13. ....................................................................................

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V-authorization, when it comes to:

a) non-regular provision of passenger collective land transportation services ;

b) provision of aquaviary transportation service ;

c) exploitation of privative use infrastructure ; and

d) rail transportation of cargo not associated with the operation of railway infrastructure, by independent railway operator. Single paragraph. For the purposes of paragraph d of the inciso V of the caput, independent railway operator shall be deemed to be the legal person holder of authorization for rail transport of unbound loads from the operation of the infrastructure. " (NR)

" Art. 14. ..................................................................................

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III-..........................................................................................

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i) the rail transport of cargo not associated with the operation of the infrastructure, per independent railway operator ; and

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" Art. 25. ..................................................................................

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VIII-regular procedures and conditions for assignment to third parties of traffic capacity available in railway infrastructure operated by dealerships.

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Art. 4 ° This Act shall enter into force on the date of its publication.

Art. 5 ° Ficam revoked:

I-o § 3 ° of art. 5 ° of Law No. 12,404 of May 4, 2011 ; and

II-the inciso V of the caput of the art. 9 ° of Law No. 11,772 of September 17, 2008.

Brasilia, December 19, 2012 ; 191 ° of Independence and 124 ° of the Republic.

DILMA ROUSSEFF

Guido Mantega

Paulo Sérgio Oliveira Passos

Miriam Belchior