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Decree No. 4755, 20 June 2003

Original Language Title: Decreto nº 4.755, de 20 de Junho de 2003

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DECREE NO. 4,755, OF June 20, 2003.

Approves the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and of the Gratified Functions of the Ministry of the Middle Environment, and gives other arrangements.

THE VICE PRESIDENT OF THE REPUBLIC, in the exercise of the office of President of the Republic, using the assignments that gives him the art. 84, incisos IV and VI, paragraph "a" of the Constitution, and with a view to the provisions of the arts. in the 47 and 50 of Law No. 10,863 of May 28, 2003,

DECRETA:

Art. 1º Stay approved the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and Gratified Functions of the Ministry of the Environment, in the form of the Annexes I and II to this Decree.

Art. 2º As a result of the provisions of the art. 1st, stay remanded, in the form of Annex III to this Decree, the following posts in committee of the Group-Direction and Superiors Superiors-DAS and Gratified Functions-FG:

I-of the Management Office, of the Ministry of the Planning, Budget and Management, for the Ministry of the Environment: four DAS 101.5; ten DAS 101.4; twelve DAS 101.3; three DAS 101.2; one DAS 101.1; four DAS 102.5; and two DAS 102.4; and

II-of the Ministry of the Middle Environment for the Office of Management, of the Ministry of Planning, Budget and Management: seven DAS 102.3; eleven DAS 102.2; and three DAS 102.1; twelve FG-1; fifteen FG-2; and fifteen FG-3.

Art. 3º The apostille arising from the approval of the Regimental Structure of which it treats the art.1º should occur within twenty days, counted from the date of publication of this Decree.

Single paragraph. After the apostilaments provided for in the caput, the Minister of State for the Environment will make it published, in the Official Journal of the Union, within sixty days, counted from the date of publication of this Decree, nominal relation of the holders of the posts in committee of the Group-Direction and Supervisory Advice-DAS, referred to in Annex II, indicating, including, the number of vacant positions, their denomination and their respective level.

Art. 4º The internal regiments of the organs of the Ministry of the Environment shall be approved by the Minister of State and published in the Official Journal of the Union, within ninety days, counted from the date of publication of this Decree.

Art. 5º This Decree takes effect on the date of its publication.

Art. 6º Ficam revoked the Decree no 2,972, of February 26, 1999, the art. 8º of Decree No. 3,524 of June 26, 2000 and the Annex to Decree No. 4,681 of April 28, 2003 with regard to the Ministry of the Environment.

Brasilia, June 20, 2003; 182º of Independence and 115º of the Republic.

JOSÉ ALENCAR GOMES DA SILVA
Guido Mantega
Marina Silva

ANNEX I

REGIMENTAL STRUCTURE OF THE MINISTRY OF THE ENVIRONMENT

CHAPTER I

OF THE NATURE AND COMPETENCE

Art. 1º The Ministry of the Environment, the body of the direct federal administration, has as an area of competence the following subjects:

I-national policy of the environment and water resources;

II-policy of preservation, conservation and sustainable use of ecosystems, and biodiversity and forests;

III-proposition of economic and social strategies, mechanisms and instruments for the improvement of environmental quality and the sustainable use of natural resources;

IV-policies for the integration of the environment and production;

V-policies and environmental programs for the Legal Amazonia; and

VI-ecological-economic zoning.

CHAPTER II

OF THE ORGANIZATIONAL STRUCTURE

Art. 2º The Ministry of the Environment has the following organizational structure:

I-organs of direct and immediate assistance to the Minister of State:

a) Cabinet;

b) Executive Secretariat:

1. Subsecretariat of Planning, Budget and Administration; and

2. Department of Institutional Articulation;

c) Legal Consultancy;

II-specific bodies singular:

a) Environmental Quality Registry in Human Apartments;

b) Registry of Biodiversity and Forests: Department of Genetic Heritage;

c) Secretary of Water Resources;

d) Policy Secretariat for Sustainable Development; and

and) The Amazon Coordination Office;

III-organs collegiates:

a) National Council of the Environment-CONAMA;

b) National Council of the Amazonian Legal-CONAMAZ;

c) National Council of Water Resources;

d) Deliberative Council of the National Environment Fund; and

e) Board of Management of Genetic Heritage;

IV-linked entities:

a) authorities:

1. National Agency for Waters-ANA;

2. Brazilian Institute of the Environment and Renewable Natural Resources-IBAMA;

3. Institute of Research Gardens Botanical Garden of Rio de Janeiro-JBRJ; and

b) public company: Barcarena Development Company-CODEBAR.

CHAPTER III

DA COMPETENCY OF THE ORGANS

Section I

Of The Direct and Immediate Assistance Bodies to the Minister of State

Art. 3º To the Cabinet competes:

I-attend the Minister of State in his political and social representation, occupy himself with the public relations and the preparer, dispatch and control of his expedient;

II-follow up the progress of the Pasta interest projects, in tramway in the National Congress;

III-provide for the official publication and dissemination of the subjects related to the acting area of the Ministry;

IV-exercise the media activities relating to the achievements of the Ministry and its linked entities; and

V-assist the Minister of State in the affairs of international cooperation and technical assistance.

Art. 4º To the Executive Secretariat competes:

I-attend the Minister of State in the definition of the guidelines and the implementation of the actions of the area of competence of the Ministry;

II-assist the Minister of State in coordinating the activities of the member Secretaries of the Ministry's structure and in the supervision of the entities to it linked;

III-supervise and coordinate activities related to the federal planning and budgeting systems, organization and administrative modernization, accounting, financial administration, administration, of information and informatics resources, of human resources and general services, within the Ministry;

IV-coordinate the process of capturing the resources of international and foreign sources;

V-supervise and coordinate programs with funding from international and foreign bodies, the implementation of international agreements and the execution of the Congeniums and the national technical cooperation projects and international;

VI-overseeing and coordinating the activities of the National Environment Fund;

VII-supporting and overseeing the implementation of environmental education activities in the actions developed by the Ministry; and

VIII-exercise the activities of CONAMA's executive branch-executive, providing you with technical-operational support.

Single paragraph. The Executive Secretariat exercises, still, the role of the sectoral body of the Civil Personnel Systems of the Federal Administration-SIPEC, of Organization and Administrative Modernization-SOMAD, of Administration of Information Resources and Informatics-SISP, of General Services-SISG, of Planning and Federal Budget, of Federal Financial Administration and Federal Accounting, through the Subsecretariat of Planning, Budget and Administration, to it subordinate.

Art. 5º À Subsecretariat of Planning, Budget and Administration competes:

I-plan, coordinate and supervise the execution of the activities related to the federal planning and budgeting systems, of organization and administrative modernization, administration of information and informatics resources, of human resources and general services, within the Ministry;

II-promoting articulation with central bodies of the federal systems, referred to in the inciso I, and to inform and guide the organs of the Ministry as to compliance with established administrative standards;

III-promote the drafting and consolidation of the plans and programs of the activities of your area of competence and submit them to the top decision;

IV-coordinate the elaboration and consolidation of the plans and programs of the Ministry's finalistic activities, and submit them to the superior consideration; and

V-follow up and promote the evaluation of projects and activities.

Art. 6º To the Department of Institutional articulation competes:

I-formulate and implement strategies and mechanisms of institutional strengthening of the organs and entities that make up the national middle system environment;

II-promoting the institutional articulation for the implementation of the process of decentralization and division of competences between the three levels of government;

III-coordinate the programs with funding from international and foreign bodies.

Art. 7º À Juridical Consulting, the sectoral body of Advocate General of the Union, competes:

I-advise the Minister of State on matters of a legal nature;

II-exercise coordination of the legal activities of the Ministry and its linked entities;

III-fixing the interpretation of the Constitution, laws, treaties, and the remaining normative acts to be uniformly followed in their areas of acting and coordination, when there is no normative orientation of the Union Advocate General;

IV-elaboration, after manifestation of the legal unit of the organ or entity of origin, legal opinions on questions, doubts or conflicts, submitted to the Ministry's examination, in matters relating to its competence;

V-opinionate on acts to be submitted to the Minister with views to administrative binding;

VI- draw up studies and prepare information, by request of the Minister of State;

VII-assist the Minister in the internal control of administrative acts to be implemented or already effective, and of those from the organ or entity under its legal coordination;

VIII-examine preview and conclusively:

a) the bidding edital texts, as well as those of the respective congenneric contracts or instruments, the be celebrated and published;

b) the acts by which one is going to recognize the inexigibility, or decide the bidding dispensation;

c) the bills, decree and, where necessary, others normative acts dispatched by the Ministry;

IX-provide the linked legal units and the Advocate-General of the Union legal grants to be used in the judicial and administrative defences in respect of interest of the Ministry.

Section II

Of The Singular Specific Organs

Art. 8º To the Office of Environmental Quality in Human Apartments compete to propose policies and standards, define strategies, implement programs and projects, in the themes related to:

I-the environmental policy urban;

II-the different forms of pollution, environmental degradation, and environmental risks;

III-the harmful waste to health and the environment;

IV-a assessment of environmental impacts and licensing;

V-the monitoring of the quality of the environment;

VI-the spatial planning; and

VII-the management integrated from the coastal and marine environments.

Art. 9º To the Office of Biodiversity and Forests competes:

I-propose policies and standards, define strategies and implement programs and projects, in the themes related to:

a) the management shared of the sustainable use of natural resources;

b) the knowledge, conservation and sustainable use of biodiversity and genetic resources;

c) the access to resources genetics;

d) the identification and recovery of threatened species of flora and fauna;

and) the sustainable use of the ictiofauna and the fishery resources;

f) the reforestation and the recovery of degraded areas; and

g) the sustainable use of forests, including the prevention and control of burnout and forest fires;

II-subsidize the National Technical Commission of Biosafe-CNTBio, in the formulation of biosafecial related policies and standards, particularly with regard to genetically modified organisms and invasive species; and

III-overseeing the implementation and management of the National System of Conservation Units.

Single paragraph. It will still be up to the Registry of Biodiversity and Forests, in the fisheries-related aspects, for the exercise of the competence of which it treats § 6º of the art. 27 of the Law no 10,683, May 28, 2003:

I-set the standards, criteria and patterns of use for overblown or threatened species of overexploitation, including marine mammals, based on the best data existing scientific ones, exceeding highly migratory species, thus defined, as per the United Nations Convention on the Rights of the Sea; and

II-subsidize, advise, and participate, together with Special Office of Aciculture and Fisheries of the Presidency of the Republic, in interaction with the Ministry of Foreign Affairs, of negotiations and events involving the commitment of rights and interference in national interests over the fishing.

Art. 10. To the Department of Genetic Heritage compete to exercise the assignments established in art. 7º of the Decree no 3,945, of September 28, 2001.

Art. 11. To the Registry of Water Resources competes to propose the formulation of the National Policy on Water Resources, as well as to monitor and monitor its implementation, pursuant to the Act No. 9,433, of January 8, 1997, and of the Law no 9,984, 17 of July 2000, and in particular:

I-monitor the functioning of the National System of Water Resource Management;

II-promote the integration of water resource management with the environmental management;

III-coordinating the elaboration and assisting in the monitoring of the implementation of the National Water Resources Plan;

IV-promoting technical and scientific cooperation related to the National Policy on Water Resources;

V-promote, in articulation with state, federal and international bodies and entities, the technical studies related to water resources and propose the Forwarding of solutions; and

VI-coordinate, in its sphere of competence, the elaboration of national plans, programs and projects, regarding groundwater, and monitor the development of its actions, within the principality of integrated water resources management.

Single paragraph. The Office of Water Resources competes, still, to exercise the function of executive secretariat of the National Council of Water Resources.

Art. 12. To the Registry of Policies for Sustainable Development competes:

I-propose policies, standards and strategies, and implement studies, aiming at improving the relationship between the productive sector and the environment, relative:

a) the formulation of the National Policy for Sustainable Development;

b) the development of economic instruments for environmental protection;

c) the accounting and economic valuations of natural resources;

d) to fiscal and crediting economic incentives;

and) by fostering the development of protection and recovery technologies of the environment and reduction of environmental impacts;

f) to the stimulus to the adoption by the companies of voluntary codes of conduct, environmentally appropriate technologies and investment opportunities aiming at the sustainable development; and

g) the promotion of ecotourism;

II-coordinate and follow up on the implementation of the Brazilian Agenda 21 and stimulate the implementation of Agendas 21 local and regional; e

III-coordinate the drafting of the Economic Ecological Zoning-ZEE on the national territory and promote the ZEE of the federation's units.

Art. 13. The Amazon Coordination Office competes to coordinate the implementation of programs and special environment projects in the Amazon.

Single paragraph. The Amazon Coordination Office competes, still, to exercise the function of the executive secretariat of the CONAMAZ.

Section III

Of The Collegiated Organs

Art. 14. To the CONAMA it is up to you to exercise the competences of which it treats the Law no 6,938, of August 31, 1981, and its amendments.

Art. 15. To the CONAMAZ it is up to exercise the competencies specified in the Decree no 1,541, of June 27, 1995.

Art. 16. To the National Board of Water Resources it is to exercise the competences set out in the art. 35 of the Act in the 9,433, from 1997.

Art. 17. The Deliberative Council of the National Environment Fund competes in judging projects aimed at the rational and sustainable use of natural resources, including the maintenance, improvement and recovery of environmental quality, in the sense of raising the quality of life of the Brazilian population.

Art. 18. To the Board of Management of Genetic Heritage it is up to you to exercise the competencies established in art. 11 of the Provisional Measure no 2.186-16, of August 23, 2001, and in the Decree no 3,945, of September 28, 2001.

CHAPTER IV

OF THE ASSIGNMENTS OF THE LEADERS

Section I

From the Executive Secretary

Art. 19. To the Chief Executive Officer:

I-coordinate, consolidate and submit to the Minister of State the overall plan of action of the Ministry;

II-supervise and evaluate the execution of the Ministry's projects and activities;

III-supervise and coordinate the articulation of the Ministry's organs with the central bodies of the systems affected to the area of competence of the Secretariat-Executive; and

IV-exercise other assignments that are committed to it by the Minister of State.

Section II

Dos Secretaries and Department Directors

Art. 20. To the Secretaries and the Department Directors it is incumbent on planning, directing, coordinating, directing, monitoring and evaluating the implementation of the activities of the organs of their respective Secretaries or Departments and carrying out other assignments that are committed in internal regiment.

Section III

Of the remaining Leaders

Art. 21. To the Chief of Staff, to the Legal Adviser, to the Undersecretary and to the remaining leaders it is incumbent on planning, directing, coordinating and directing the implementation of the activities of the respective units and to exercise other assignments that are committed to them, in their respective areas of competence.

CHAPTER V

OF THE GENERAL PROVISIONS

Art. 22. The internal regiments shall define the detailing of the integral bodies of the Regimental Structure, the competences of the respective units and the assignments of their leaders.

ANNEX II