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Decree No. 4630, March 21 2003

Original Language Title: Decreto nº 4.630, de 21 de Março de 2003

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DECREE NO. 4,630, OF March 21, 2003.

Approves the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and of the Gratified Functions of the National Institute of Metrology, Normalization and Industrial Quality-INMETRO, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments that confers him the art. 84, incisos IV and VI, paragraph "a" of the Constitution, and with a view to the provisions of the art. 50 of the Provisional Measure No. 103, 1º January 2003,

DECRETA:

Art. 1 ° Stay approved the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and Functions Gratified from the National Institute of Metrology, Normalization and Industrial Quality-INMETRO, in the form of the Annexes I and II to this Decree.

Art. 2 ° In due to the provisions of the art. 1º, stay remanded, in the form of Annex III to this Decree, the following posts in committee of the Group-Direction and Superiors Superiors-DAS:

I-do INMETRO for the Management Office, of the Ministry of Planning, Budget and Management, one of DAS 101.5; two DAS 101.3; four DAS 101.2; and five DAS 102.1; and

II-of the Management Office, the Ministry of Planning, Budget and Management, for the INMETRO, four DAS 102.2.

Art. 3 ° The apostilings arising from the approval of the Regimental Structure of which it treats 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 President of the INMETRO will make it published, in the Official Journal of the Union, within thirty days, counted from the date of publication of this Decree, the nominal relationship of the holders of the posts in committee of the Group-Direction and Superiors Superiors-DAS, referred to in Annex II, indicating, including, the number of vacant posts, their denomination and their respective level.

Art. 4 ° The internal regiment of the INMETRO will be approved by the Minister of State for Development, Industry and Foreign Trade and published in the Official Journal of the Union, within ninety days, counted from the date of publication of this Decree.

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

Art. 6 ° It is repealed the Decree No. 4,039, of December 3, 2001.

Brasilia, March 21, 2003; 182º of Independence and 115º of the Republic.

LUIZ INACIO LULA DA SILVA

Luiz Fernando Furlan

Guido Mantega

ANNEX I

REGIMENTAL STRUCTURE OF THE NATIONAL INSTITUTE OF

METROLOGY, NORMALIZATION AND INDUSTRIAL QUALITY

CHAPTER I

OF NATURE AND PURPOSE

Art. 1º The National Institute of Metrology, Normalization and Industrial Quality-INMETRO, federal municipality created by Law No. 5,966, of December 11, 1973, linked to the Ministry of Development, Industry and Foreign Trade, is the central executive body of the National System of Metrology, Normalization and Industrial Quality-SINMETRO, and has for purpose:

I-run the policies national metrology and quality;

II-check the observance of technical and legal standards, with regard to units of measurement, measurement methods, materialized measurements, measuring instruments and products pre-medidos;

III-maintain and conserve the standards of the units of measurement, as well as deploy and maintain the traceability chain of the standards of the units of measurements in the Country, so as to make them harmonic internally and compatible in the international plan, aiming, at primary level, to its universal acceptance and, at a secondary level, to its use as a support to the productive sector, with views to the quality of goods and services;

IV-strengthen the participation of the Country in international activities related to metrology and quality, in addition to promoting exchanges with foreign and international entities and bodies;

V-providing technical and administrative support to the National Council of Metrology, Normalization and Industrial Quality-CONMETRO, as well as its advising committees, acting as its Secretariat-Executive;

VI-fostering the use of the quality management technique in the Brazilian companies;

VII-plan and execute the accreditation activities of calibration and testing laboratories, of proficiency test providers, of certification bodies, of inspection, of training and of other necessary for the development of the technological services infrastructure in the Country; and

VIII-coordinate, within the framework of SINMETRO, the compulsory and voluntary certification of products, processes, services and certification staff volunteer.

CHAPTER II

OF THE ORGANIZATIONAL STRUCTURE

Art. 2º THE INMETRO has the following organizational structure:

I-bodies of direct and immediate assistance to the President:

(a) Cabinet;

b) Ouvidoria;

c) Legal prosecutor's office;

d) Coordination-General of International articulation; and

e) General Credential Coordinator;

II-sectional bodies:

a) Internal Audit;

b) General Planning-Planning; and

c) Board of Directors and Finance;

III-specific organs singular:

a) Directorate of Quality;

b) Directorate of Scientific and Industrial Metrology; and

c) Directoria of Legal Metrology;

IV-decentralized organ: Superintendency.

CHAPTER III

OF THE DIRECTION AND APPOINTMENT

Art. 3º THE INMETRO is administered by a President and four Directors.

§ 1º The President and the Directors shall be appointed by the President of the Republic, by appointment of the Minister of State for Development, Industry and Foreign Trade.

§ 2º The appointment of the Attorney-Legal should be preceded by an annuency of the Lawyer?General of the Union.

§ 3º The appointment and exoneration of the Auditor-in-Chief should be submitted, by the President of the INMETRO, to the approval of the Controller-General of the Union.

CHAPTER IV

DAS COMPETENCIES OF THE ORGANS

Section I

Of The Direct and Immediate Assistance Bodies to the President

Art. 4º To the Cabinet competes:

I-assist the President in his social and political representation;

II-incumbent upon the preparer and dispatch of the personal expedient of the President of INMETRO;

III- to follow up on the tramping of the legal acts of interest of the INMETRO;

IV-coordinate the media activities;

V-arrange for the publication and dissemination of the subjects of interest of the INMETRO;

VI-coordinate the internal Quality System of the INMETRO;

VII-providing technical-administrative support to the President of INMETRO, as the CONMETRO's Chief Executive Officer; and

VIII- exercise other assignments that are committed to you by the President of INMETRO.

Art. 5º À Ouvidoria competes:

I-receive solicitations, information, complaints and suggestions, analyse, give proper treatment and, when necessary, refer to the competent areas for a positioning;

II-keep up with the adopted arrangements, charge solutions and keep the client informed;

III-generate reports with managerial data and statistical charts that enable the visualization of the institution, identifying critical points in the System and contributing to the search for solutions;

IV-assess the satisfaction of the society, in relation to the INMETRO, by way of research with users of Ouvidoria services; and

V-offer direct, agile and impartial channels for information, suggestions and criticism from society, as well as from the internal public, in relation to INMETRO.

Art. 6º À Legal Procuratorate, acting as the enforcer organ of the Federal Attorney General, competes:

I-exercise judicial and extrajudicial representation of the INMETRO, acting in the proceedings in which Autarquia is author, defendant, opponent or assistant;

II-comply and ensure compliance with the normative guidelines emanating from the central and sectoral bodies of the Advocate-General of the Union;

III-provide direct and immediate advice to the President and the bodies of the Regimental Structure of the INMETRO, in the subjects of a legal nature, applying, in what couber, the provisions of the art. 11 of the Supplementary Act No. 73 of February 10, 1993;

IV-examine, approve and draw up minutes of bidding editions, of instrument of contracts, of congeniums and of other acts creators of rights and obligations, which should be celebrated by INMETRO;

V-analyse and present solutions on issues raised by the application of the laws and regulations concerning the activities developed by INMETRO;

VI-examine and issue opinions on projects of normative acts to be dispatted or proposed by the INMETRO, when they contain legal matter; and

VII-establish the liquidity and certainty of the credits of any nature, resulting from the activities implemented by INMETRO, enrolling them in active debt, for the purposes of friendly or judicial collection.

Art. 7º To the International Articulation Coordinator competes:

I-coordinate, plan, articulate and promote the activities aimed at the international relationship of the INMETRO;

II-follow up the negotiations for the celebration of congeniums, agreements and contracts, with foreign and international entities, in addition to the participation of the INMETRO in international events;

III-supervise and control the carrying out of technical cooperation and exchange programs with international and foreign organizations, in the areas of metrology, standardization and industrial quality, including for human resource development;

IV-propose, coordinate and follow up, in articulation with the various areas of the INMETRO, the allocation of the indispensable resources to fulfilling commitments international; and

V-coordinate, within the framework of the INMETRO, the international, technical-commercial negotiations, involving the areas of metrology, technical regulation and quality.

Art. 8º To the General Coordinate-General Accreditation competes to plan, drive, guide, coordinate and execute the accreditation activities and, specifically:

I-acting as an accreditation body of certification, inspection, performance verification bodies, of training and proficiency testing provider, as well as accreditation organ of calibration and testing laboratories and other bodies necessary for the development of the technological services infrastructure in the Country;

II-coordinate the international and regional recognition actions related to accreditation activities; and

III-participate in international and regional forums related to accreditation activities.

Section II

From the Sectional Bodies

Art. 9º To Internal Auditing competes to check compliance, to the prevailing standards, of the procedures of nature budget, accounting, financial, equity and human resources, as well as, when determined by the President, the verification of suitability between the means employed and the results achieved and, specifically:

I-create indispensable conditions for ensuring effectiveness in internal and external controls, seeking to ensure regularity in revenue collection and expenditure achievement;

II-examine specific legislation and correlates standards, guiding as to its observance;

III-promote regular inspections in the INMETRO's acting areas, to verify the physical and financial execution of the projects and activities, including those executed by third parties;

IV-carry out financial, accounting and administrative audits, for the purpose of assessing and certifying the accuracy and regularity of the accounts and to substantiate the efficiency and effectiveness in the application of the INMETRO's resources; and

V-perform extraordinary, draft-specific audits, which, in the interest of the Administration, will come to be determined by the President.

Art. 10. To the Planning-General of Planning competes:

I-coordinate, direct, supervise, promote, follow up, and evaluate the execution of the activities related to the Federal, Organization, and Federal Budget Planning Systems and Administrative Modernization, and of the Administration of Information and Informatics Resources, within the framework of the INMETRO;

II-obtain, in conjunction with the relevant areas of the Government, the allocation of the necessary budgetary resources to the fulfillment of the institutional mission in the Autarquia and coordinate the drafting of its budget proposal;

III-carry out studies on the organizational development and administrative modernization of INMETRO;

IV- coordinate the strategic planning process;

V-provide advising to the INMETRO Directorships in planning and managing their activities;

VI-coordinate and execute the technology activities of the INMETRO information;

VII-track and evaluate the performance of INMETRO's activities;

VIII-plan, coordinate and monitor the information system, with a view to supporting the decision-making process of the INMETRO; and

IX-coordinate, plan, drive, promote and carry out the technological information activities.

Art. 11. To the Board of Directors and Finance compete to plan, coordinate, direct, supervise, promote, follow up and evaluate the execution of the actions concernable to the Civil Personnel Systems of the Federal Administration, of General Services, of Financial Administration, of Human Resources and Federal Accounting, within the framework of the INMETRO.

Section III

Of The Singular Specific Organs

Art. 12. The Directorate of Quality competes to plan, direct, guide, coordinate and execute the conformity assessment activities and, specifically:

I-articulate with the different segments of society, objectivating and prioritize the demands for Conformity Assessment Programs;

II-coordinate the definition of the Model (certification, supplier declaration, labeling or inspection), development, deployment and follow-up of the different Conformity Assessment Programs, within the framework of SINMETRO;

III-promote actions to scrutinize and verify the conformity of products, processes and services to the relevant technical standards and regulations;

IV-to guide and educate the different segments of society on the issues linked to conformity assessment, quality and relationship with consumption;

V-encouraging the development of national standardization; and

VI- draw up technical regulations in the area of quality.

Art. 13. The Directorate of Scientific and Industrial Metrology competes, directing, directing, coordinating and overseeing the execution of the activities within the framework of basic metrology and, specifically:

I-carry out, reproduce, maintain, conserve and track the national standards of the units of measurement;

II-referencing, directly or indirectly, the national standards to the international ones;

III-disseminate the units of the International Unity-SI System, the its multiples and submultiples, through appropriate metrological methodologies;

IV-probing metrological traceability to the standards of the country's diverse laboratories;

V-develop scientific research and technology relating to metrology;

VI-providing services of a metrological nature, in addition to coordinating and overseeing the provision of these services, when executed by entities specifically convenienced for this purpose;

VII-provide support to the areas of legal metrology, quality and accreditation, within the framework of basic metrology;

VIII-participate in the international and regional forums related to scientific metrology activities and industrial;

IX-coordinate the international recognition actions related to the standardization of the units of the International Unity-SI System; and

X-disseminate the knowledge of metrological science to the society.

Art. 14. The Directorate of Legal Metrology competes to guide, plan, direct, coordinate, control and promote the execution of activities within the framework of legal metrology, propose projects of technical regulations and, specifically:

I-propose programs for training and improvement of human resources in legal metrology;

II-specify the requirements that models of materialized measurements and measuring instruments are expected to fill, examining them, and approving-os;

III-enunciating the requirements and specifications that pre-measured products are expected to satisfy;

IV-approve and supervise the programming of the activities to be developed by executive bodies of the metrology operational activities;

V-establish the specifications of equipment, standards and facilities to be used by the executor bodies of the operational metrology activities; and

VI-participate of the international and regional forums related to the activities of Legal Metrology.

Art. 15. To Superintendence competes the decentralized execution of the activities of the INMETRO, in compliance with the guidelines and determinations emanating from the President of INMETRO.

CHAPTER V

DAS ATTRIBUTIONS OF THE LEADERS

Art. 16. To the President of the INMETRO incumbent:

I-administer the INMETRO and practice all acts of operational, budgetary and financial management, authorizing expendities and ordering the respective payments;

II-represent o INMETRO in judgment or outside of it, may delegate this attribution;

III-supervise and coordinate the activities of the integral organs of the INMETRO Regresmental Structure;

IV-render accounts of its management to the Union Court of Auditors;

V-regulate the subjects pertinent to the competences and activities of the INMETRO;

VI-submit the approval of the Ministry of Development, Industry and Foreign Trade the Rules Internal INMETRO;

VII-nominate effective officeholders;

VIII-grant retirement to the servers that it makes jus;

IX-avocar, for decision or review, subjects inherent in the the integral bodies of the INMETRO Regresmental Structure, without prejudice to the continuity of the exercise, by the same organs, of the attributions therein;

X-firming, as the legal representative of the INMETRO, contracts, arrangements, agreements, adjustments and other similar trading acts, and may delegate this attribution; and

XI-delegate any of its attributions, save those which, by their very nature or by legal sealing, may only be by it implemented privately.

Art. 17. To Directors, the Prosecutor-Legal, the Auditor-in-Chief, the Coordinators-General, Chief Cabinet, Ouvidor and the remaining INMETRO leaders are incumbent on planning, directing and coordinating the execution of the activities affected to their respective units and exercise other assignments that are committed to them by the President.

CHAPTER VI

GENERAL AND TRANSITIONAL PROVISIONS

Art. 18. The President of the INMETRO will be replaced, in his impediments and legal departments, by one of the Directors of the Autarquia, designated by the Minister of State for Development, Industry and Foreign Trade.

Art. 19. The internal regiment will define the detailing of the integral bodies of the INMETRO Regresmental Structure, the competences of the respective units, the assignments of their leaders, and the area of jurisdiction of the Superintendence.

Art. 20. The missing cases and the doubts raised in the application of the present Regimental Structure will be addressed by the President of the INMETRO, ad referendum of the Minister of State for Development, Industry and Foreign Trade.