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Decree No. 5267 Of November 9, 2004

Original Language Title: Decreto nº 5.267, de 9 de Novembro de 2004

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DECREE NO. 5,267 OF November 9, 2004

Approves the Regimental Structure and the Demonstrative Frame of the Positions in Commission and of the Gratified Functions of the Ministry of Mines and Energy, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments that gives him art. 84, incisos IV and VI, paragraph (a) of the Constitution, and with a view to the provisions of the Provisional Measure No. 220, from 1º October 2004,

DECRETA:

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

Art. 2º In deed from 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-from the Management Office of the Ministry of Planning, Budget and Management, to the Ministry of Mines and Energy: three DAS 101.6; eighteen DAS 101.5; thirty-six DAS 101.4; ten DAS 101.3; ten DAS 101.2; two DAS 102.5; thirteen DAS 102.4; twenty-eight DAS 102.3; and forty-three DAS 102.2; and

II-from the Ministry of Mines and Energy to the Office of Management, of the Ministry of Planning, Budget and Management: seven DAS 102.1.

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

Paragraph single. After the apostilaments provided for in the caput, the Minister of State for Mines and Energy will make publishing in the Official Journal of the Union, within forty-five 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 Superiors Superiors-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 Mines and Energy will 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 Ficam remanded, until October 31, 2005, of the Management Secretariat of the Ministry of Planning, Budget and Management, to the Ministry of Mines and Energy, thirty-six posts of the Group-Direction and Higher Advising- DAS, being thirteen DAS 5, thirteen DAS 4 and ten DAS 3, for fulfillment of extraordinary needs, of transitional character.

§ 1º The posts of which it treats the caput will not integrate the structure of the Ministry of Mines and Energy, and must appear in the acts of appointment or designation its character of transitoriousness, upon remission to this article.

§ 2º Fishing the deadline set in the caput, the posts in committee there referred to will be restituted to the Management Office of the Ministry of Planning, Budget and Management, being considered exonerated the holders in them invested.

Art. 6º This Decree comes into force on the date of its publication, producing effects from November 12, 2004.

Art. 7º Stay revoked the Decree No. 4,642 of March 21, 2003, the annex to Decree No. 4,931 of December 23, 2003, with regard to the Ministry of Mines and Energy, and Decree No. 5,133, of July 7, 2004.

Brasilia, November 9, 2004; 183º of Independence and 116º of the Republic.

LUIZ INACIO LULA DA SILVA

Dilma Vana Rousseff

Guido Mantega

REGIMENTAL STRUCTURE OF THE MINISTRY OF MINES AND ENERGY

CHAPTER I

OF NATURE AND COMPETENCY

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

I-geology, mineral and energy resources;

II-harnessing of hydraulic energy;

III-mining and metallurgy; and

IV-oil, fuel and electrical energy, inclusive nuclear.

Single paragraph. It is still up to the Ministry of Mines and Energy:

I-rural energization, agro-energy, inclusive rural electrification, when costed with resources linked to the National Electrical System; and

II-ensure by the conjunctural and structural balance between the supply and demand of electric power in the Country.

CHAPTER II

OF THE ORGANIZATIONAL STRUCTURE

Art. 2º The Ministry of Mines and Energy has the following organizational structure:

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

a) Cabinet;

b) Executive Secretariat:

1. Special Advising on Strategic Management; and

2. Planning Subsecretariat, Budget and Administration;

c) Legal Consultancy; and

d) Economic advisory;

II-singular specific organs:

a) Office of Energy Planning and Development:

1. Department of Energy Planning;

2. Department of Energy Development; and

3. Department of Social Policies and Universalisation of Access to Energy;

b) Office of Energy Electrical:

1. Department of Management of the Electrical Sector;

2. Department of Electrical System Monitoring; and

3. Department of Outorts of Concessions, Permissions and Authorizations;

c) Oil Office, Gas Natural and Renewable Fuels:

1. Department of Petroleum Exploration and Production Policy and Natural Gas;

2. Department of Gas Natural;

3. Department of Petroleum Fuels; and

4. Department of Renewable Fuels;

d) Secretary of Geology, Mining and Transformation Mineral:

1. Department of Management of Geology, Mining and Mineral Processing Policies;

2. Department of Geology and Mineral Production;

3. Department of Transformation and Mineral Technology; and

4. Department of Sustainable Development in Mining;

III-linked entities:

a) authorities:

1. National Department of Mineral Production-DNPM;

2. National Petroleum Agency-ANP; and

3. National Energy Agency Electrical-ANEEL;

b) public companies:

1. Mineral Resource Research Company-CPRM;

2. Brazilian Emergencial Energy Trader -CBEE; and

3. Energetic Research Company-EPE;

c) mixed economy societies:

1. Brazilian Oil S.A. -PETROBRAS; and

2. Brazilian Electrical Central S.A. -ELECTROBRÁS.

CHAPTER III

OF THE COMPETENCIES 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;

II-occupy yourself of the public relations and the preparer and dispatch of your personal expedient;

III-follow up on the progress of the Ministry's interest projects, in tramway in the National Congress;

IV-provide for the fulfillment of the consultations and the requirements formulated by the National Congress;

V-arrange for official publication and dissemination of the subjects related to the area of acting of the Ministry;

VI-attend the Minister of State in the matters of cooperation and technical assistance international;

VII-articulate with the Ministry of Foreign Affairs, targeting the relationship harmonic between the instances, including in the analysis and proposition of actions for the external commercial promotion of products and services of the energy and mine sectors and metallurgy, by determination of the Minister of State;

VIII-brokering relations between the citizen and the Ministry, exerting outward-like assignments, including the follow-up of the measures that are necessary to be required by the internal bodies and linked entities;

IX-orienting and subsidize energy integration actions, in the international scope; and

X-exercise other assignments that are committed to you by the Minister of State.

Art. 4º To the Executive Secretariat competes:

I-attend the Minister of State in the supervision and coordination of the activities of the linked entities;

II-overseeing and coordinating the activities of the integral Secretaries of the Ministry's structure;

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

IV-coordinate, guide, supervise, and consolidate the process of drafting the investment budget and the program of global expenditures of the linked entities, promoting the articulation of these agents with the central organ of the Federal Planning and Budget System;

V-providing assistance to the National Energy Policy Council-CNPE; and

VI-assisting the Minister of State in the definition of the guidelines and the implementation of the policies and actions of the Ministry's area of competence.

Single paragraph. The Executive Secretariat exercises, still, the role of the sectoral body of the Civil Personnel Systems of the Federal Administration-SIPEC, of Administration of Information Resources and Informatics-SISP, of General Services-SISG, of Planning and of Federal budget, Federal Accounting and Federal Financial Administration, through the Special Advisory of Strategic Management and the Undersecretariat of Planning, Budget and Administration.

Art. 5º To the Special Advisory of Strategic Management competes:

I-coordinate and supervise investment planning and budgeting actions, in accordance with the Planning System and of Federal budget;

II-promote, coordinate, and supervise the strategic planning process of the Ministry;

III-orienting and coordinating the process of establishing strategic guidelines to the elaboration of the Ministry's stock plans, guiding the collection systems of managerial results;

IV-coordinate and follow up the performance of the organs of the Ministry and the linked entities, with views to the fulfillment of the established strategic policies and actions;

V-formulate and implement strategies and mechanisms of integration and articulation of the Ministry with its linked entities and too many governmental bodies;

VI-advise the Secretary-General on the follow up of the policy setorial and personnel of the linked companies;

VII-coordinate, guide, supervise and consolidate the process of drafting the investment budget and the global expenditures program of the entities linked to the Ministry, promoting articulation of these agents with the central body of the Federal Planning and Budget System;

VIII-establish and implement, in articulation with the organs of the Ministry and its linked entities, systematic monitoring, evaluation and revision of the multiannual plan, proposing measures for correction of distortions and their improvement;

IX-monitoring the elaboration, overseeing and promoting the evaluation of management contracts signed in the framework of the Ministry's actions, by the linked bodies and entities;

X-articulate with the governance agents of the energy and mining sectors; and

XI-make managerial information available, aiming to support decision-making and ministerial supervision.

Art. 6º À Subsecretariat of Planning, Budget, and Administration competes:

I-plan, coordinate and supervise the execution of the activities concerning the organization and administrative modernization, as well as those related to the Federal Planning and Budget Systems, of Accounting, Financial Administration, Administration of Information and Information Resources, Human Resources Administration and General Services, in the framework of the Ministry;

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

III-orient and consolidate the formalization of the budget proposals of the Ministry and its linked entities, understanding the fiscal budget and that of social security, by compatibilizing them with the goals, targets and allocation of resources, in compliance with the guidelines established by the central body of the Federal Planning and Budget System;

IV-promote the elaboration and consolidation of the plans and programs of the activities of their area of competence and submit them to the top decision;

V-accompany and promote the evaluation of projects and activities;

VI-developing the activities of budgetary, financial and accounting execution, within the Ministry; and

VII-carry out taken care of the expense payers and too many responsible for public goods and values and of all the one that gives cause to loss, stray or other wrongdoing that results in damage to the erarium.

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

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

II-firming legal guidelines to too many administrative units of the Ministry and to exercise the coordination of the legal bodies of its linked entities;

III-fixing the interpretation of the Constitution, of laws, of treaties and of 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-elaborate studies and prepare information, by solicitation of the Minister of State;

V-assist the Minister of State in the internal control of legality administrative of the acts to be by him practiced or already effective, and of those arising from organs or entities under his legal coordination;

VI-opines on acts to be submitted to the Minister of State, with views to administrative linkage;

VII-elaboration, after manifestation of the legal unit of the organ or entity of origin, legal opinions on issues, doubts and conflicts, submitted to the Ministry's assessment, in the areas of his acting;

VIII-examine, prior and conclusively, in the framework of the Ministry:

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

b) the acts by which it is going to recognize the inexigsibility, or decide the bidding dispensation; and

c) the projects of laws, decree and, where necessary, of other acts normative to be dispated by the Ministry; and

IX-provide the Advocate General of the Union grants legal for the judicial defences, in matters of interest of the Ministry.

Art. 8º À Assessory Economic competes:

I-watch and advise the Minister of State in the follow up of the policy and economic decisions of government and the evaluation of their reflections on the Ministry's policies and programs;

II-advise the Minister of State as to the economic reflections of the topics discussed or approved on boards of directors, fiscal or other collegiate bodies, on energy and mining policies and programs;

III-promote, coordinate, and consolidate economic studies needed for formulation, execution, monitoring and evaluation of energy and mining policies and programs;

IV-appreciate plans or programs of economic nature submitted to the Ministry, proceeding to the monitoring of the approved measures and the evaluation of the respective results; and

V-appreciate, in its economic aspects, projects of legislation or regulation, issuing technical opinions on the pertinent subjects.

Section II

Of The organs Singular Specific

Art. 9º To The Registry of Planning and Energy Development compete:

I-develop long term structuring actions for the implementation of policies setorials;

II-ensure setorial integration within the Ministry;

III-promote the management of energy flows and integrated energy resources;

IV-supporting and stimulating the management of national energy capacity;

V-coordinate the energy information system;

VI-coordinate the studies of sectoral energy planning;

VII-promoting and supporting the articulation of the energy sector;

VIII-pointing out the potentials of the energy sector, for the establishment of policy of concessions and follow up with implementation of the procedures for granting by the finalistic secretaries and the contracts arising;

IX-orienting and stimulating sustainable energy business;

X-coordinate actions and programs of energy development, in particular in the areas of renewable energy generation and energy efficiency;

XI-promoting studies and energy technologies;

XII-providing technical assistance to the CNPE;

XIII-articulate to the integral bodies and entities of the energy system, included collegiate agents, collaborators and partners;

XIV-propose mechanisms of relationship with EPE, guiding guidelines for the provision of services to the Ministry and the sector;

XV-coordinate environmental management actions, targeting guide the licitatory procedures of the energy sector and keep track of the actions arising; and

XVI- function as the core of management of the programs and projects in your area of competence.

Art. 10. To the Department of Energy Planning competes:

I-coordinate the elaboration of the policies of energy and promote its integration in the internal and external ambits to the Ministry;

II-coordinate actions and strategic expansion and energy integration plans;

III-implement systematics of monitoring, evaluation and strategic control of energy resources;

IV-monitor, evaluate and control the model of the energy sector;

V-overseeing the procedures for granting resources energy and subsidize the finalistic secretaries of the energy sector, in the implementation of their granting systems;

VI-define and guide management strategies of the model of the electrical sector;

VII-orientate and establish guidelines and standards for the implementation of the electric sector expansion model;

VIII-propose instruments supporting the management of the model of the electric sector and current electrical systems;

IX-orientate and stimulate the articulation between the actors players of the electric sector model;

X-propose goals and guide the studies for the development of the potential of energy resources;

XI-promoting the joints demanded by environmental management actions, with views to the tenders for the expansion of the energy sector;

XII-stimulate and support the development of methods, criteria and techniques applicable in energy planning;

XIII-articulate with the different sectoral and de- governance of the energy sector;

XIV-follow up the operation of the energy market and manage the demands and capabilities of the sector, in long-term perspective, aiming at its conservation;

XV- implement strategic diagnostics of energy resources;

XVI-propose guidelines and requirements of studies on the energy potential to subsidize the assembly and refeeding of energy matrices; and

XVII-guide, follow up and evaluate the development of the energy information system.

Art. 11. To the Department of Energy Development competes:

I-coordinate actions and strategic plans of energy conservation;

II-define requirements and priorities of studies and development of energy conservation technologies to EPE and other educational and research institutions;

III-promote and coordinating national conservation and rational use programs of electric energy, petroleum and its derivatives, natural gas and other fuels;

IV-promote, articulate and support the policy and programs of sustainable use and energy conservation in the smaller regional spaces of minor development;

V-lift and manage the demands of environmental sustainability in energy studies, such as, inventories, analysis of the viability of ventures and others;

VI-promoting the development and testing of models of energy efficiency and rational usages;

VII-promoting and articulating strategies and actions for the development of alternative energies;

VIII-stimulate and support the development of knowledge on alternative energies;

IX-stimulate and induce lines of foment for empowerment, training and the sustainable technological development in the electrical sector, by means of partnerships, cooperation and private investments;

X-plan and implement differentiated policy development of alternative energies, contemplating the long-term vision for energy sectors and the prospects for changes global for the access and use of energy resources;

XI-promoting the access and utilization of energy do not conventional and low-cost for isolated and carer populations;

XII-promote and stimulate the elaboration of withdrawals, studies and researches on alternative energies and the energy-environment interface;

XIII-supporting activities and research programmes and development of alternative energies and associated technologies, in partnership with EPE and in articulation with the Ministry's bodies, regulatory agencies and too many sector entities, in line with the policies of the Ministry of Science and Technology;

XIV-promote and stimulate private investments in alternative energy solutions; and

XV-implement the management of innovation in energy, promoting the prospection and abstraction of new technologies, products and energy services.

Art. 12. To the Department of Social Policies and Universalisation of Access to Energy competes:

I-promote the monitoring of the country's energy potentials, aiming to broaden the societal benefits of universalization of access and use of energy;

II-coordinate the actions derived from social policies and the universalization guidelines of the access and use of energy;

III-support and guide programs and projects, the scope of which meets social energy policies;

IV-propose, implement, and support solutions for the universalization of access to electrical energy;

V-promoting social control and the provision of energy sector accounts;

VI-articular and integrate actors actors in the energy sector, aiming to strengthen the social character policies of the sector;

VII-promoting the fulfilment of national interests and the defense of the energy consumer;

VIII-orienting and defining forms of relationship and articulation between social interests and the market of electric power; and

IX-establish mechanisms for intermediation of conflicts of use and access to the energy resources.

Art. 13. The Office of Energy Electrical competes:

I-monitor the expansion of the electrical systems to ensuring the balance between supply and demand, in line with government policies;

II- monitor the performance of the generation, transmission and distribution systems of electrical power, considering the aspects of continuity and safety;

III-coordinate the development of models and mechanisms for the monitoring of the expansion of the electrical systems and the operation performance;

IV-track the actions of electric integration with neighboring countries, pursuant to the international agreements firmed;

V-participate in the formulation of tariff policy and in the monitoring of its implementation, having as a reference the tariff modicity and the economic-financial balance of the sectoral agents;

VI-coordinate the marketing actions of electric energy in the national territory and in relations with neighboring countries;

VII-manage institutional programs and projects related to the electric power sector, promoting sectoral integration within the governmental scope;

VIII-participate in formulating the multi-use policy of water and environment resources, accompanying its implementation and ensuring the expansion of the electric power supply of sustainable form;

IX-articulate actions to promote the interaction between the setorial agents and the organs of environment and water resources, in the sense of viabilizing the expansion and operation of the electrical systems;

X-coordinate the process of outorgas of concessions, authorizations and permissions of use of public good for electrical energy services;

XI-function as the core of management of the programs and projects in your area of competence; and

XII-render technical assistance to CNPE and the Electrical Sector Monitoring Committee-CMSE.

Art. 14. The Department of Management of the Electrical Sector competes:

I-monitor the evolution of marginal costs of the expansion of electrical systems;

II-monitor the systems and procedures of charging and invoicing of electric power;

III-follow up and evaluate the evolution of the tariffs of electric power services in the entire national territory, in accordance with the tariff policy;

IV-coordinate and accompany the processes of contracting and commercialization of electrical energy among the sectoral agents;

V-coordinate the electric energy marketing negotiations with the neighboring countries;

VI-participate in the formulation and implementation of tariff policies that ensure access to the use of electric power for low-income consumers;

VII-developing studies for setting differential tariffs for special classes of consumption;

VIII-participate in the drafting and management of contracts, arrangements, partnerships and other technical cooperation instruments with public bodies, sectoral agents and international bodies;

IX-articulate with the agents of studies, planning, regulation, operation and marketing of energy, proposing mechanisms and instruments of institutional relationship improvement;

X-develop, consolidate and unify managerial information and economic-financial indicators of the electrical sector; and

XI-analyze and follow up the proposals of electrical sector normatization by evaluating the compliance of the instruments with the sectoral policy.

Art. 15. The Department of Electrical System Monitoring competes:

I-develop studies, models and monitoring methodologies of the expansion and performance of the Brazilian electrical system;

II- monitor the expansion of the Brazilian electrical system, involving the generation, transmission and distribution segments;

III-monitor and evaluate the functioning and performance of the Brazilian electrical system, by means of indicators of continuity and safety;

IV-monitor the evolution of the electric energy demand;

V-articular with regulating agents and operation the implementation of preventive and corrective guidelines and actions, to ensure the reliability of the electrical system;

VI-articulating actions with agents and sectoral institutions, in order to of implementing electric power supply projects for regions and special loads, ensuring the balance between supply and demand;

VII-develop and maintain information system for the management and monitoring of supply expansion, performance of the electrical system, socio-environmental and resource aspects water;

VIII-participate in the formulation of policies related to environment and resources water, coordinating the actions of management within the framework of the electrical sector;

IX-participate in studies and suitability projects, expansion and improvement of the electrical system, in articulation with the sectoral agents; and

X-provide technical assistance to the CMSE and follow up with the implementation of the guidelines by it established.

Art. 16. To the Department of Outorts of Grants, Permissions and Authorizations competes:

I-follow up the planning studies of the expansion of the electrical systems, for identification of the ventures to be implanted by outorga modality in the short, medium and long time;

II-establish the annual schedule of the ventures to be bestoed;

III-develop criteria for outorts of concessions, permissions and authorizations of generation ventures, transmission, distribution and marketing of electrical energy;

IV-articular and follow up with the regulating agent a design of the processes inherent in the outorts of ventures;

V-coordinate the procedures of approval of the acts of outorga; and

VI-follow up, in articulation with the regulating agent, the processes of updating and refurbishment of outorgas from electrical sector facilities.

Art. 17. To the Secretary of Oil, Natural Gas and Renewable Fuels compete:

I-promote studies for knowledge of the Brazilian sedimentary basins, as well as to establish guidelines for the realization of the tenders of the areas aimed at the exploration and production of oil and natural gas;

II-formulate proposals for the drafting of multiannual plans for the sectors of oil, natural gas and renewable fuels, monitoring, evaluating and adjusting their execution and results;

III-monitor, evaluate, and propose measures preventive and corrective, aiming at ensuring the proper participation of petroleum, natural gas and renewable fuels, in the national energy matrix;

IV-monitor and evaluate the operation and performance of the oil, natural gas and renewable fuels sectors, as well as of the institutions responsible for these sectors, promoting and proposing the revisions, updates, and corrections of the ongoing models;

V-interacting with regulatory agencies, the linked public entities, public and private dealerships and too many entities from the oil, natural gas and fuels sectors renewables, guiding as to the approved policies, within the Ministry;

VI-monitor and evaluate, in conjunction with the relevant regulatory agencies and institutions, the conditions and developments of oil supplies, natural gas and renewable fuels, as well as the satisfaction of consumers;

VII-promoting, developing and executing actions and preventive and corrective measures, aiming to ensure satisfactory supply of oil, natural gas and renewable fuels and the appropriate service for consumers;

VIII- coordinate and promote incentive and equity programs, aiming at the attraction of investments and business to the national sectors of oil, natural gas and renewable fuels;

IX-monitor and stimulate research activities and technological development, in the oil, natural gas and renewable fuels;

X-monitor, in conjunction with the ANP, the rational harnessing of the reserves of hydrocarbons;

XI-propose public policies aimed at the largest share of the national industry of goods and services in the oil and natural gas sector;

XII-interacting with the ANP to ensure the national supply of petroleum derivatives by evaluating and proposing measures that minimise the risk of dissupply in exceptional situations;

XIII-establish operational and systematic grant guidelines for the sector, deciding on its direct execution or submitting to the proposed State Minister of Delegation of the granting activities to the system's regulatory body;

XIV-acting as a facilitator in the interaction between the productive sector and the environment bodies;

XV-function as the core of management of the programs and projects in your area of competence; and

XVI-attend technically the CNPE, in matters of your area of acting.

Art. 18. To the Department of Petroleum Exploration and Production Policy and Natural Gas compete:

I-propose guidelines in the search for oil self-sufficiency as well as for the level and type of external dependence in the fulfillment of the country's demand;

II-propose targets to be pursued by the ANP, in regard to the Brazilian reserves and the relationship between reserve and production;

III-monitor the participation of the domestic industry of goods and services in the oil industry supply, proposing policies that elevates such participation, on economic bases;

IV-elaboration proposal and follow up on the realization of studies for knowledge of the Brazilian sedimentary basins, as well as to formulate and coordinate the implementation of guidelines for the realization of the tenders of the areas destined for the exploration and production of oil and natural gas, in line with the parameters of reserves and production defined by the CNPE; and

V-propose and implement public policies that attracts investments for the oil and natural gas sectors in the Country.

Art. 19. To the Department of Natural Gas compete:

I-interact with the ANP, with views to ensure the magnification of the natural gas transportation infrastructure;

II-establish guidelines that ensure elevation of the participation of natural gas in the national energy matrix;

III-interact with the state physique and federal, with a view to ensuring tax rationality on natural gas;

IV-monitor the feasibility of natural gas, in relation to its direct competitors, proposing measures that enable the effective valorisation of the specific benefits of the energy sector;

V-monitor the price negotiations of imported natural gas, with views to make them more competitive;

VI-propose criteria for the granting of subsidies for natural gas transportation, to ensure its proper use; and

VII-propose criteria for the use of Development Account resources Energetic-CDE.

Art. 20. The Department of Petroleum Derived Fuels competes:

I-propose guidelines in the search for the self-sufficiency of petroleum derivatives, as well as for the level and type of external dependence in the fulfillment of the country's demand;

II-monitoring tax policy affects the sector, proposing measures that pursue its rationality;

III-interact with ANP, in the market pursuit of effectively competitive, open and beneficial oil derivatives for the consumer;

IV-interacting with ANP, proposing measures that extend the logistical infrastructure affects the sector, in national scope;

V-monitor and evaluate, in conjunction with government institutions, regulatory agencies, and too many institutions competent, the conditions of production, use and the evolution of the supply of petroleum-derived fuels;

VI-propose mechanisms for the stabilization of oil derivatives prices in the Country, and public policies that attract investments to the sector;

VII-coordinate and promote programs that attract investments for the fuel sector in the Country;

VIII-promote, develop, and execute actions and preventive and corrective measures aiming to ensure proper participation of the fuels in the energy matrix;

IX-promote, follow up and supervise the appropriate use of the resources aimed at fostering the use of fuels;

X-monitor, stimulate and support research activities and technological development in the fuel sector; and

XI-interact with the government institutions, regulatory agencies and too many entities in the fuel sector.

Art. 21. To the Department of Renewable Fuels competes:

I-monitor and evaluate, in conjunction with the government institutions, regulatory agencies and too many competent institutions, the conditions of production, use and the evolution of renewable fuel supplies;

II-promote, develop, and execute actions and preventive and corrective measures aiming at ensuring satisfactory supply of renewable fuels in the Country, as well as their proper participation in the energy matrix;

III- promote the insertion of new renewable fuels into the energy matrix;

IV-promote, follow up and overseeing the proper use of resources for the purpose of boosting the use of renewable fuels;

V-coordinate and promote programs, incentives and actions aiming at the attraction of investments to the renewable fuels sector;

VI-monitor, stimulate and support research activities and technological development in the renewable fuel sector; and

VII-interacting with government institutions, regulatory agencies and too many entities involved with the renewable fuel sector.

Art. 22. The Secretariat of Geology, Mining and Mineral Transformation competes:

I-implement, guide and coordinate policies for geology, mining, and mineral transformation;

II-coordinate the studies of setorial planning, proposing the actions for the sustainable development of mining and mineral transformation;

III-promote and support the articulation of the sectors of geology, mining and mineral transformation, including collegiate agents, collaborators and partners;

IV-monitor and evaluate the functioning and performance of the geology, mining and mineral processing sectors, as well as of the institutions responsible for these sectors, promoting and proposing the revisions, updates, and corrections of the ongoing models;

V-formulate and articulate proposals for plans and multi-annual programs for the geology and mining sectors;

VI-promoting and supporting research activities and technological development in the fields of geology and mineral industry;

VII-promote and coordinate actions and preventive and corrective measures that object to ensuring rationality, the good performance, technological upgrading and the compatibilization with the environment of the activities carried out by the mining industry;

VIII-orienting and defining forms of relationship between the different social and economic segments of the mining and mineral processing sector;

IX-monitor and evaluate, in conjunction with federal bodies and competent institutions, the conditions and the evolution of the supply of mineral goods as well as the satisfaction of consumers;

X-establish policies and systematics of concession to the sector, deciding on its direct execution or by submitting to the Minister of State's proposed delegation of the granting activities to the system regulatory body;

XI-coordinate the process of mining rights concessions and oversee the control and surveillance of exploration and production of mineral goods;

XII-propose public policies aimed at the largest participation of the industry national of goods and services in the geology and mining sector;

XIII-promote, follow up and evaluate actions, projects, and programs that object to the sustainable development of mining, acting as a facilitator in the interaction between productive sector and the environment organs; and

XIV-function as the core of management of the programs and projects in your area of competence.

Art. 23. To the Department of Management of Geology, Mining and Mineral Transformation Policies compete:

I- to establish the directional and normative arcabs of the mining and mineral processing sector;

II- coordinate the formulation and implementation of the policies of the mining and mineral processing sector;

III-conceiving and implementing the instruments of the policies of the mining and mineral processing sector;

IV-establish guidelines, requirements, and priorities for the tactical and operational planning of the mining and mineral processing sector;

V-establish guidelines and requirements of the Federal Government's programs and projects, for the mining and mineral processing sector, promoting articulation with the other policies, plans and government programs;

VI-stimulate and induce lines of foment for empowerment, training and sustainable technological development, in the mining and mineral processing sectors;

VII-evaluate and monitor the evolution, development, competitiveness, and technological development of the Brazilian sector and mineral industry;

VIII-developing scenarios, prospective studies and economic analyses of the mineral sector, aiming at policymaking and the implementation of sectoral development actions; and

IX-establish indicators for the monitoring of the results of mineral production and the services arising of the mining.

Art. 24. To the Department of Geology and Mineral Production compete:

I-formulate guidelines and priorities referring to basic and specific geological surveys, as well as geoscientific studies, supporting, promoting and monitoring their results;

II-promoting integration between geological information systems and mineral resources;

III-promoting the strategic planning of mineral resource prospecting;

IV-establish guidelines and requirements for the development of studies and research on the mineral potential of the Country;

V-stimulate and induce lines of foment for the empowerment, formation and sustainable technological development, in the sectors of geology and mineral exploration;

VI-promoting the development and improvement of products and services of inventories, geological surveys and mineral resources;

VII-coordinate the procedures of approval of the acts of outorga, covering authorizations and mineral concessions, licensing records, laundry permissions and extraction records;

VIII-coordinate and follow up on the implementation actions of programs, activities and projects aiming at the implementation of guidelines for the effective management of the country's mining rights; and

IX-analyze and propose actions concerning the control and monitoring of the exploration and the harnessing of the mineral resources.

Art. 25. To the Department of Transformation and Mineral Technology competes:

I-analyze and propose policies, plans and programs targeting the technological modernization of the mining sector and mineral transformation;

II- promote studies for technological development, aimed at the catchment of new technologies and the generation of new products in the mineral sector;

III-coordinate and promote incentive programs and actions targeting the technological development applied to mining and mineral processing; and

IV-promote and follow up programs and actions of technological insertion in the mining industry-metallurgical.

Art. 26. To the Department of Sustainable Development in the Mining competes:

I-formulate and articulate proposals for policies, plans and programs for the sustainable development of mining, evaluate and monitor their results and execution, promoting the pertinent reviews and updates;

II-orienting and establishing guidelines and procedures for the internalization of environmental variables, in the activities of mining;

III-elaborating and internalizing programs for the socio-environmental development of the mining;

IV-generate studies and withdrawals aiming at the implementation of socio-environmental actions for the sustainable development of mining;

V-propose the planning of mining activities, in the conservation and conflict units; and

VI-stimulates and inducing lines of foment for empowerment, formation and sustainable technological development, in the mining and mineral processing sector, throughout the cycle of use of mineral substances.

CHAPTER IV

OF THE ATTRIBUTIONS OF THE LEADERS

Section I

From the Executive Secretary

Art. 27. The Executive Secretary is incumbent on:

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

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

III-supervise and coordinate the articulation of the organs of the Ministry with the organs systems central, affections to the area of competence of the Secretariat-Executive; and

IV-exercise others assignments that are committed to him by the Minister of State.

Section II

From the Secretaries and the remaining Leaders

Art. 28. To the Secretaries it is incumbent on planning, directing, coordinating, directing, monitoring and evaluating the execution of the activities of their respective units and to exercise the remaining assignments committed to them in internal regiment.

Art. 29. To the Chief Minister's Office, the Legal Adviser, the Undersecretary, the Heads of the Economic Advisory and the Special Strategic Management Advisory, the Directors and the remaining leaders it is incumbent on planning, directing, coordinating and directing the execution of the activities of the respective units and exercise other assignments that are committed to them in their areas of competence.

CHAPTER V

OF THE GENERAL PROVISIONS

Art. 30. The internal regiments will define the detailing of the integral bodies of the Regimental Structure, the competences of the respective units and the assignments of their leaders.

rectification

DECREE NO. 5,267 OF November 9 DE 2004

Approves the Regimental Structure and the Frame Demonstrative of the Cargos in Commission and of the Gratified Functions of the Ministry of Mines and Energy, and gives other arrangements.

Republishes Annex I for having left with infix in the DOU of November 10, 2004, Section 1.

Annex I

REGIMENTAL STRUCTURE OF THE MINISTRY OF MINES AND ENERGY

CHAPTER I

DA NATURE AND COMPETENCE

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

I-geology, mineral and energy resources;

II-taking advantage of hydraulic energy;

III-mining and metallurgy; and

IV-oil, fuel and electric power, inclusive nuclear.

Single paragraph. It is, still, up to the Ministry of Mines and Energy:

I-rural energization, agro-energy, inclusive electrification rural, when costed with resources linked to the National Electrical System; and

II-ensure balance conjunctural and structural between the supply and demand of electric power in the Country.

CHAPTER II

OF THE ORGANIZATIONAL STRUCTURE

Art. 2º The Ministry of Mines and Energy has the following organizational structure:

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

a) Cabinet;

b) Secretariat-Executive:

1. Special Advising of Strategic Management; and

2. Sub-Secretariat of Planning, Budget and Administration;

c) Legal Consulting; and

d) Economic Assessments;

II-specific organ-specific organs:

a) Registry of Energetic Planning and Development:

1. Department of Energy Planning;

2. Department of Energy Development; and

3. Department of Social Policies and Universalization of Access to Energy;

b) Office of Electrical energy:

1. Department of Management of the Electrical Sector;

2. Electrical System Monitoring Department; and

3. Department of Outorts of Concessions, Permissions and Authorizations;

c) Secretary of Oil, Natural Gas and Renewable Fuels:

1. Department of Exploration Policy and Oil Production and Natural Gas;

2. Department of Natural Gas;

3. Department of Petroleum Fuels; and

4. Department of Renewable Fuels;

d) Secretary of Geology, Mining and Mineral Transformation:

1. Department of Management of Geology, Mining and Mineral Processing Policies;

2. Department of Geology and Mineral Production;

3. Department of Transformation and Mineral Technology; and

4. Department of Sustainable Development in Mining;

III-linked entities:

a) authorities:

1. National Department of Mineral Production-DNPM;

2. National Oil Agency-ANP; and

3. National Energy Agency Electrical-ANEEL;

b) public companies:

1. Minerals Resource Research Company-CPRM;

2. Brazilian Marketer of Emergencial Energy-CBEE; and

3. Energetic Research Company-EPE;

c) mixed economy societies:

1. Brazilian Oil S.A. -PETROBRÁS; and

2. Brazilian Electrical Power Plants S.A. -ELECTROBRÁS.

CHAPTER III

DAS COMPETENCIES OF THE ORGANS

Section I

From the Direct Assistance Organs and Immediate to the Minister of State

Art. 3º To the Cabinet competes:

I-watch the Minister of State in his political and social representation;

II-occupy himself with public relations and preparo and dispatch of your personal expedient;

III-follow up on the progress of the Ministry's interest projects, in tramway in the National Congress;

IV-provide for the fulfillment of the consultations and the required applications by the National Congress;

V-provide for the official publication and disclosure of the matters relating to the acting area of the Ministry;

VI-attend the Minister of State in the matters of cooperation and assistance international technical;

VII-articulate with the Ministry of Foreign Affairs, targeting the relationship harmonic between the instances, including in the analysis and proposition of actions for the external commercial promotion of products and services of the energy and mine sectors and metallurgy, by determination of the Minister of State;

VIII-brokering relations between the citizen and the Ministry, exercising attribution of outwarism, including the monitoring of the measures that if they are required to be required by the internal bodies and linked entities;

IX-guide and subsidize the shares of energy integration, in the international scope; and

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

Art. 4º À Secretariat-Executive competes:

I-assist the Minister of State in the supervision and coordination of the activities of the linked entities;

II-overseeing and coordinating the activities of the integral Secretaries of the Ministry's structure;

III-supervising and coordinating the activities related to the federal planning and budgeting systems, of accounting, of financial administration, administration of information and informatics resources, administration of human resources and general services, within the Ministry;

IV-coordinate, guide, supervise, and consolidate the process of drafting the investment budget and the expenditures program global of the linked entities, promoting the articulation of these agents with the central organ of the Federal Planning and Budget System;

V-providing assistance to the National Energy Policy Council-CNPE; and

VI-assisting the Minister of State in the definition of the guidelines and the implementation of the policies and actions of the Ministry's area of competence.

Paragraph single. The Executive Secretariat exercises, still, the role of sectoral body of the Civil Personnel Systems of the Federal Administration-SIPEC, Administration of Information Resources and Informatics-SISP, of General Services-SISG, Planning and Budget Federal, of Federal Accounting and Federal Financial Administration, through the Special Advisory of Strategic Management and the Subsecretariat of Planning, Budget and Administration.

Art. 5º To the Special Advisory of Strategic Management competes:

I-coordinate and supervise investment planning and budgeting actions, in accordance with the Planning System and of Federal budget;

II-promote, coordinate, and supervise the strategic planning process of the Ministry;

III-orienting and coordinating the process of establishing strategic guidelines for the drafting of the ministry's stock plans, guiding the management systems of managerial outcomes;

IV-coordinate and follow up the performance of the organs of the Ministry and the linked entities, with views to the fulfillment of the established strategic policies and actions;

V-formulate and implement strategies and mechanisms of integration and articulation of the Ministry with its linked entities and too many governmental bodies;

VI-advising the Secretary-General on the monitoring of the sectoral and personnel policy of the linked companies;

VII-coordinate, guide, supervise, and consolidate the process of drafting the investment budget and the program of global expenditures of the entities linked to the Ministry, promoting articulation of these agents with the central organ of the Federal Planning and Budget System;

VIII-establish and implement, in articulation with the organs of the Ministry and its linked entities, systematic follow-up, evaluation and revision of the multiannual plan, proposing measures for correction of distortions and their improvement;

IX -follow up the elaboration, supervise and promote the evaluation of management contracts signed in the framework of the Ministry's actions, by the linked bodies and entities;

X-articulate with the governance agents of the energy and mining sectors; and

XI-make managerial information available, aiming to support decision-making and ministerial supervision.

Art. 6º À Subsecretariat of Planning, Budget, and Administration competes:

I-plan, coordinate and supervise the execution of the activities concerning the organization and administrative modernization, as well as the related to the Federal Planning and Budget Systems, Accounting, Financial Administration, Administration of Information and Information Resources, Human Resources and General Services Administration, in the framework of the Ministry;

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

III -to orient and consolidate the formalization of the budget proposals of the Ministry and its linked entities, understanding the fiscal budget and that of social security, by compatibilizing them with the goals, targets and allocation of resources, in compliance with the guidelines established by the central body of the Federal Planning and Budget System;

IV-promote the elaboration and consolidation of the plans and programs of the activities of their area of competence and submit them to the top decision;

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

VI-develop the budgeting activities,

financial and accounting, within the framework of the Ministry; and

VII-carry out taken care of the expense ordinators and too much responsible for public goods and values and of all the one that gives cause for loss, stray or other wrongdoing resulting in damage to the erarium.

Art. 7º À Legal Consultancy, the sectoral body of the Advocacy-General of the Union, competes:

I-advising the Minister of State in matters of a legal nature;

II-firming legal guidelines to the other administrative units of the Ministry and to exercise the coordination of the legal bodies of their linked entities;

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

IV-elaborating studies and preparing information, by request of the Minister of State;

V-assist the Minister of State in the internal control of the administrative legality of the acts to be by him practiced or already effectuated, and of those arising from organs or entities under his legal coordination;

VI-opines on acts to be submitted to the Minister of State, with views to the line-up administrative;

VII-elaboration, after manifestation of the legal unit of the organ or entity of origin, opinions legal on issues, doubts and conflicts, submitted to the Ministry's assessment, in the areas of its acting;

VIII-examine, preview, and conclusively, within the Ministry:

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

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

c) the projects of laws, decree, and, where necessary, of other normative acts to be dispatted by the Ministry; and

IX-provide Advocate-General of the Union with legal grants for judicial defences, in matters of interest of the Ministry.

Art. 8º At the Economic Advisory competes:

I-watch and advise the Minister of State in the follow-up of government policy and economic decisions and in the evaluation of its reflections on the Ministry's policies and programs;

II-advise the Minister of State as to the reflections economic of the topics discussed or approved on boards of directors, fiscal or other collegiate bodies, on energy and mining policies and programs;

III-promote, coordinate, and consolidate economic studies necessary to the formulation, execution, monitoring and evaluation of policies and energy and mining programs;

IV-appreciate plans or programs of economic nature submitted to the Ministry, by proceeding to the monitoring of the approved measures and the evaluation of the respective results; and

V- appreciate, in its economic aspects, projects of legislation or regulation, issuing technical opinions on the pertinent subjects.

Section II

Of the Singular Specific Organs

Art. 9º To the Registry of Planning and Energy Development competes:

I-develop long term structuring actions for the implementation of sectoral policies;

II-ensuring setorial integration within the Ministry;

III-promote the management of energy flows and integrated energy resources;

IV-supporting and stimulating the management of national energy capacity;

V-coordinate the energy information system;

VI-coordinate the studies of sectoral energy planning;

VII-promoting and supporting the articulation of the energy sector;

VIII-pointing out the potentials of the energy sector, for the establishment of policy of concessions and monitoring the implementation of the granting procedures by the finalistic secretaries and the contracts arising;

IX-orienting and stimulating sustainable energy business;

X-coordinate actions and programs of energy development, in particular in the areas of renewable energy generation and of energy efficiency;

XI-promoting studies and energy technologies;

XII-render technical assistance to the CNPE;

XIII-articulating with the integral bodies and entities of the energy system, included collegiate agents, collaborators and partners;

XIV-propose mechanisms of relationship with the EPE, guiding guidelines for the provision of services to the Ministry and the sector;

XV-coordinate environmental management actions, aiming to guide the licitatory procedures of the energy sector and keep track of the actions arising; and

XVI-function as the core of management of the programs and projects in your area of competence.

Art. 10. To the Department of Energy Planning competes:

I-coordinate the elaboration of energy policies and promote its integration in the internal and external fields to the Ministry;

II-coordinate actions and plans strategic expansion and energy integration;

III-implement systematic monitoring, evaluation and strategic control of energy resources;

IV-monitor and evaluate the model of the energy sector;

V-overseeing the procedures for granting energy resources and subsidizing the sector's finalistic secretaries energy, in the implementation of their granting systems;

VI-orient model management strategies of the electrical sector;

VII-orient and propose guidelines for the implementation of the sector expansion model electrical;

VIII-propose instruments supporting the management of the model of the electrical sector and electrical systems currents;

IX-orienting and stimulating the articulation between actors of the sector model electrical;

X-propose goals and guide studies for the development of resource potential energy;

XI-promoting the joints demanded by the environmental management actions, with views to the tenders for the expansion of the energy sector;

XII-stimulate and support the development of methods, criteria and techniques applicable in energy planning;

XIII-articulate with the different sectoral and governance actors of the energy sector;

XIV-follow up the operation of the energy market and manage the demands and sector capabilities, in a long-term perspective, aiming at their conservation;

XV-implement diagnostics strategic energy resources;

XVI-proposed guidelines and requirements of studies on the potential energy to subsidize the assembly and refeeding of energy matrices; and

XVII-orient, accompany and evaluate the development of the energy information system.

Art. 11. To the Department of Energy Development competes:

I-coordinate actions and strategic conservation plans of energy;

II-propose requirements and priorities of studies and development of conservation technologies of energy to EPE and other educational and research institutions;

III-promote and coordinate national programs of conserving and rational use of electrical energy, petroleum and its derivatives, natural gas and other fuels;

IV-promote, articulate and support the policy and programs of sustainable use and energy conservation in the smaller regional spaces of minor development;

V-raising and managing the demands of environmental sustainability in energy studies, such as, inventories, feasibility analysis of ventures and others;

VI-promoting the development and testament of energy efficiency models and of rational uses;

VII-promote and articulate strategies and actions for the development of energies alternatives;

VIII-stimulate and support the development of knowledge about alternative energies;

IX-stimulate and induce lines of foment for the empowerment, training and sustainable technological development in the electric sector, through partnerships, cooperation and private investments;

X-plan and implement policies differents from development of alternative energies, contemplating the long-term vision for energy sectors and the prospects of global changes for the access and use of energy resources;

XI-promoting the access and use of unconventional and low-cost energy for isolated and needy populations;

XII-promoting and stimulating the elaboration of withdrawals, studies, and research on alternative energies and the interface energiamete environment;

XIII-supporting activities and programs of research and development of energies alternatives and associated technologies, in partnership with EPE and in articulation with the Ministry's bodies, regulatory agencies and too many entities in the sector, in line with the policies of the Ministry of Science and Technology;

XIV-promote and stimulate private investments in alternative energy solutions; and

XV-implement the management of innovation in energy, promoting the prospection and abstraction of new technologies, products and services of energy.

Art. 12. To the Department of Social Policies and Universalisation of Access to Energy competes:

I-promote the monitoring of the country's energy potentials, aiming to broaden the societal benefits of universalization of access and use of energy;

II-coordinate the actions derived from social policies and the universalization guidelines of the access and use of energy;

III-support and guide programs and projects, the scope of which meets energy social policies;

IV-propose, implement, and support solutions for the universalization of access to electrical energy;

V-promoting social control and the provision of energy sector accounts;

VI-articular and integrate actors actors in the energy sector, aiming to strengthen the social character policies of the sector;

VII-promoting the fulfilment of national interests and the defense of the energy consumer;

VIII-orienting and defining forms of relationship and articulation between social interests and the electric energy market; and

IX-establish mechanisms for intermediation of conflicts of use and access to energy resources.

Art. 13. The Electric Power Office competes:

I-monitor the expansion of the electrical systems to ensure the balance between supply and demand, in line with government policies;

II-monitor performance of the generation systems, transmission and distribution of electrical energy, considering the aspects of continuity and safety;

III-coordinate the development of models and mechanisms for the monitoring of the expansion of the electrical systems and the operation performance;

IV-accompany the actions of electrical integration with neighboring countries, pursuant to the international agreements firmed;

V-participate in the formulation of tariff policy and in the monitoring of its implementation, having as a reference to tariff modicity and the economic-financial balance of the sectoral agents;

VI-coordinate the actions of marketing of electric energy in the national territory and in relations with neighboring countries;

VII- managing programs and institutional projects related to the electric power sector, promoting sectoral integration within the governmental scope;

VIII-participate in the formulation of the multi-use policy of water and environment resources, accompanying its implementation and ensuring the expansion of the supply of electric power of form sustainable;

IX-articulate actions to promote the interaction between the setorial agents and the middle organs environment and water resources, in the sense of viabilizing the expansion and operation of electrical systems;

X- coordinate, when couber, the process of outorts of concessions, authorizations and permissions of use of public good for electrical energy services;

XI-function as the core of management of the programs and projects in your area of competence; and

XII-providing technical assistance to the CNPE and the Electrical Sector Monitoring Committee-CMSE.

Art. 14. The Department of Management of the Electric Sector competes:

I-monitor the evolution of the marginal costs of the expansion of the electrical systems;

II-monitor the systems and procedures of charging and invoicing of energy electric;

III-follow up and evaluate the evolution of the tariffs of electric power services throughout the national territory, in accordance with tariff policy;

IV-follow up with the hiring processes and marketing of electrical energy among the sectoral agents;

V-coordinate the marketing negotiations of electric power with neighboring countries;

VI-participate in the formulation and implementation of policies tariffs that ensure access to the use of electric power for low-income consumers;

VII- developing studies for setting differential tariffs for special classes of consumption;

VIII- participate in the drafting and management of contracts, arrangements, partnerships and other technical cooperation instruments with public bodies, sectoral agents and international bodies;

IX-articulating with the agents of studies, planning, regulation, operation and commercialization of energy, proposing mechanisms and institutional relationship improvement instruments;

X-develop, consolidate and standardize information managerial and economic-financial indicators of the electrical sector; and

XI-analyze and follow up with the proposals of normatization of the electrical sector, evaluating the compliance of the instruments with the sectoral policy.

Art. 15. To the Department of Electrical System Monitoring competes:

I-develop studies, models and methodologies of monitoring the expansion and performance of the Brazilian electrical system;

II-monitor the expansion of the Brazilian electrical system, involving the generation, transmission and distribution segments;

III-monitor and evaluate the functioning and performance of the Brazilian electrical system, by means of indicators of continuity and safety;

IV-monitor the evolution of the electric energy demand;

V -articulate with the agents of regulation and operation the implementation of preventive and corrective guidelines and actions, to ensure the reliability of the electrical system;

VI-articulating actions with agents and sectoral institutions, in order to implement electric power supply projects for regions and special loads, ensuring the balance between supply and demand;

VII-develop and maintain information system for the management and monitoring of the expansion of supply, of the performance of the electrical system, the socio-environmental aspects and water resources;

VIII-participate in the formulation of related policies with environment and water resources, coordinating the management actions in the framework of the electrical sector;

IX-participate in studies and projects of suitability, expansion and improvement of the electrical system, in articulation with the sectoral agents; and

X-render technical assistance to the CMSE and follow up with the implementation of the guidelines by it established.

Art. 16. To the Department of Outorts of Grants, Permissions and Authorizations competes:

I-follow up on the studies of planning of the expansion of the electrical systems, for identification of the ventures to be implanted by outorga modality in the short, medium and long term;

II-establish the annual programming of the ventures to be bestoed;

III-develop criteria for outorts of concessions, permissions and authorizations of generation, transmission, distribution and commercialization of electric energy;

IV-articular and follow up with the regulator the design of the processes inherent to the outortoises of ventures;

V-coordinate, when couber, the procedures for approving the acts of outorga; and

VI-follow-up, in articulation with the regulator, the processes of updating and renovation of outorgas of sector facilities electrical.

Art. 17. To the Secretary of Oil, Natural Gas and Renewable Fuels competes:

I-promote studies for knowledge of the Brazilian sedimentary basins, as well as to propose guidelines for the realization of the tenders of the areas destined for the exploration and production of oil and natural gas;

II-formulate proposals for the drafting of multiannual plans for the sectors of oil, natural gas and renewable fuels, monitoring, evaluating and adjusting their execution and results;

III-monitor, evaluate, and propose measures preventive and corrective, aiming at ensuring the proper participation of petroleum, natural gas and renewable fuels, in the national energy matrix;

IV-monitor and evaluate the operation and performance of the oil, natural gas and renewable fuels sectors, as well as of the institutions responsible for these sectors, promoting and proposing the revisions, updates, and corrections of the ongoing models;

V-interacting with the regulatory agencies, the linked public entities, the public and private dealerships and too many entities from the oil, natural gas and renewable fuels sectors, mentoring as to the approved policies, within the Ministry;

VI-monitor and evaluate, in conjunction with the regulatory agencies and competent institutions, the conditions and developments of supplies of oil, natural gas and renewable fuels, as well as consumer satisfaction;

VII-promoting, developing and executing actions and preventive and corrective measures, aiming at ensuring satisfactory oil supply, natural gas and renewable fuels and the appropriate service for consumers;

VIII-coordinate and promote incentive and action programs, aiming at the attraction of investments and business to the national sectors of oil, natural gas and renewable fuels;

IX-monitor and stimulate research activities and technological development, in the oil, natural gas and renewable fuels sectors;

X-monitor, in conjunction with ANP, the rational harnessing of the hydrocarbon reserves;

XI-propose public policies aimed at the greater participation of the domestic industry of goods and services in the oil and gas sector natural;

XII-interact with the ANP to ensure the national supply of oil derivatives, evaluating and proposing measures that minimise the risk of dissupply in exceptional situations;

XIII-acting as facilitator in the interaction between the productive sector and the environment organs;

XIV-function as the core of management of the programs and projects in your area of competence; and

XV-assist technically the CNPE, in subjects from your area of acting.

Art. 18. To the Department of Exploration Policy and Production of Oil and Natural Gas compete:

I-propose guidelines in the quest for oil self-sufficiency as well as for the level and type of external dependence in the fulfillment of the country's demand;

II-propose targets to be pursued by the ANP, in regard to the Brazilian reserves and the relationship between reserve and production;

III-monitor the participation of the domestic industry of goods and services in the supply of the oil industry, proposing policies that elevates this participation, on economic bases;

IV-elaboration proposal and follow up with the achievement of studies for knowledge of the Brazilian sedimentary basins, as well as to formulate and coordinate the implementation of guidelines for the realization of the tenders of the areas destined for the exploration and production of oil and natural gas, in line with the parameters of reserves and production defined by the CNPE; and

V-propose and implement public policies that attract investments for the oil and natural gas sectors in the Country.

Art. 19. To the Department of Natural Gas compete:

I-interact with the ANP, with views to ensure the magnification of the natural gas transportation infrastructure;

II-propose guidelines that ensure the elevation of the participation of the natural gas in the national energy matrix;

III-interact with the state and federal physique, with views to ensuring tax rationality on natural gas;

IV-monitor the viability of natural gas, in relation to its direct competitors, proposing measures that enable the effective valorisation of the specific benefits of the energy sector;

V-monitor the price negotiations of imported natural gas, with views to make them more competitive;

VI-proposed criteria for the granting of subsidies for the transport of natural gas, to ensure its proper use; and

VII-propose criteria for the use of resources of the Energy Development Account-CDE.

Art. 20. The Department of Petroleum Derived Fuels competes:

I-propose guidelines in the search for the self-sufficiency of petroleum derivatives, as well as for the level and type of external dependence in the fulfillment of the country's demand;

II-monitoring tax policy affects the sector, proposing measures that pursue their rationality;

III-interact with ANP, in the market pursuit of effectively competitive, open and beneficial oil derivatives for the consumer;

IV-interacting with ANP, proposing measures that broaden the logistical infrastructure affects the sector, in national scope;

V-monitor and evaluate, in conjunction with government institutions, regulatory agencies, and too many institutions competent, the conditions of production, use and the evolution of the supply of petroleum-derived fuels;

VI-propose mechanisms for the stabilization of oil derivatives prices in the Country, and public policies that attract investments for the sector;

VII-coordinate and promote programs that attract investments for the fuel sector in the Country;

VIII-promoting, developing and executing actions and preventive and corrective measures aiming to ensure proper fuel participation in the energy matrix;

IX-promote, follow up and supervise the appropriate use of the intended resources by fostering the use of fuels;

X-monitor, stimulate and support research activities and technological development in the fuel sector; and

XI-interacting with government institutions, regulatory agencies and too many fuel sector entities.

Art. 21. To the Department of Renewable Fuels compete:

I-monitor and evaluate, in conjunction with the institutions government, regulatory agencies and too many competent institutions, the conditions of production, use and the evolution of renewable fuel supplies;

II-promote, develop and execute actions and preventive and corrective measures aiming at ensuring the satisfactory supply of renewable fuels in the Country, as well as its appropriate participation in the energy matrix;

III-promoting the insertion of new renewable fuels into the energy matrix;

IV-promote, follow up and supervise the appropriate use of resources for the purpose of fostering the use of the renewable fuels;

V-coordinate and promote programs, incentives and actions targeting the attraction of investments for the renewable fuel sector;

VI-monitor, stimulate and support research activities and technological development in the renewable fuel sector; and

VII-interacting with the institutions government, regulatory agencies, and too many entities involved with the renewable fuel sector.

Art. 22. The Secretariat of Geology, Mining and Mineral Transformation competes:

I-implement, guide and coordinate the policies for geology, mining, and mineral transformation;

II-coordinate setorial planning studies, proposing the actions for the sustainable development of mining and mineral processing;

III-promote and support the articulation of the geology, mining and mineral processing sectors, including the collegiate agents, collaborators and partners;

IV-monitor and evaluate the functioning and performance of the geology, mining and mineral processing sectors, as well as the institutions responsible for these sectors, promoting and proposing the revisions, updates and corrections of the current models;

V-formulate and articulate proposal proposals and multi-annual programs for the geology and mining sectors;

VI-promoting and supporting research activities and technological development in the fields of geology and mineral industry;

VII-promote and coordinate actions and preventive and corrective measures that aim to ensure rationality, good performance, technological upgrading, and compatibilization with the environment of the activities carried out by the mining industry;

VIII-orienting and proposing forms of relationship between the different social and economic segments of the mining sector and of mineral processing;

IX-monitor and evaluate, in conjunction with federal bodies and competent institutions, the conditions and the evolution of the mineral goods supply, as well as the satisfaction of consumers;

X-establish granting policies and systematics of concession to the sector, deciding on its direct execution or submitting to the Minister of State's proposed delegation of the granting activities to the system regulatory body;

XI-coordinate the process of mining rights concessions and supervise the control and surveillance of the exploration and production of the mineral goods;

XII-propose public policies aimed at the largest share of the domestic goods industry and services in the geology and mining sector;

XIII-promote, follow up and evaluate actions, projects, and programs which object to the sustainable development of mining by acting as a facilitator in the interaction between productive sector and the environment organs; and

XIV-function as the core of management of the programs and projects in your area of competence.

Art. 23. To the Department of Management of Geology, Mining and Mineral Transformation Policies compete:

I-propose the directive arcabs of the mining and mineral processing sector;

II-coordinate formulation and implementation of the policies of the mining and mineral processing sector;

III-conceiving and implementing the instruments of the policies of the mining and mineral processing sector;

IV-propose guidelines, requirements and priorities for the tactical and operational planning of the mining sector and mineral transformation;

V-propose guidelines and requirements of the Federal Government's programs and projects, for the mining and mineral processing sector, promoting articulation with the remaining government policies, plans and programs;

VI-stimulation and induce lines of foment for the empowerment, formation and sustainable technological development, in the mining sectors and mineral processing;

VII-evaluate and monitor developments, development, competitiveness and the technological development of the sector and the Brazilian mineral industry;

VIII-developing scenarios, studies prospective and economic analyses of the mineral sector, aiming at the formulation of policies and the implementation of sectoral development actions; and

IX-establish indicators for the monitoring of the results of mineral production and services arising from mining.

Art. 24. To the Department of Geology and Mineral Production compete:

I-formulate guidelines and priorities regarding the basic and specific geological surveys, as well as the geoscientific studies, supporting, promoting and monitoring their results;

II-promoting integration between geological information systems and mineral resources;

III-promoting the strategic planning of mineral resource prospecting;

IV-propose guidelines and requirements for the development of studies and researches on the mineral potential of the Country;

V-stimulate and induce lines of foment for the empowerment, formation and sustainable technological development, in the geology sectors and of mineral exploration;

VI-promoting the development and improvement of the products and services of inventories, geological surveys and mineral resources;

VII-coordinate the procedures for the approval of the acts of outorga, covering authorizations and mineral concessions, licensing records, laundry permissions and extraction records;

VIII-coordinate and follow up on the implementation actions of programs, activities and projects aiming at the implementation of guidelines for the effective management of the country's mining rights; and

IX-analyze and propose actions concerning the control and monitoring of the exploitation and the harnessing of the resources minerals.

Art. 25. To the Department of Transformation and Mineral Technology competes:

I-analyze and propose policies, plans and programs targeting the technological modernization of the mining sector and mineral transformation;

II-promote studies for technological development, aimed at the capturing of new technologies and the generation of new products in the mineral sector;

III-coordinate and promote incentive programs and actions aiming at the technological development applied to mining and mineral processing; and

IV-promote and follow up programs and actions of technological insertion in the mining industry-metallurgical.

Art. 26. To the Department of Sustainable Development in the Mining competes:

I-formulate and articulate proposals of policies, plans and programs for the sustainable development of mining, evaluate and monitor their results and execution, proposing the pertinent revisions and updates;

II-orienting and proposing guidelines and procedures for the internalization of environmental variables, in mining activities;

III-elaboration and internalize programs for the socio-environmental development of mining;

IV-generate studies and withdrawals aiming at the implementation of socio-environmental actions for the sustainable development of mining;

V-propose the planning of mining activities, in the conservation and conflict units; and

VI-stimulation and induce lines of foment for the capacitation, formation and sustainable technological development, in the sector of mining and mineral processing, throughout the cycle of use of the mineral substances.

CHAPTER IV

OF THE ATTRIBUTIONS OF THE LEADERS

Section I

From the Executive Secretary

Art. 27. The Executive Secretary is incumbent on:

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

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

III-supervising and coordinating the articulation of the organs of the Ministry with the central bodies of the systems, affections 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

From the Secretaries and the remaining Leaders

Art. 28. To the Secretaries it is incumbent on planning, directing, coordinating, directing, monitoring and evaluating the execution of the activities of their respective units and to exercise the remaining assignments committed to them in internal regiment.

Art. 29. To the Chief Minister's Office, the Legal Adviser, the Undersecretary, the Heads of the Economic Advisory and the Special Strategic Management Advisory, the Directors and the remaining leaders it is incumbent on planning, directing, coordinating and directing the execution of the activities of the respective units and exercise other assignments that are committed to them in their areas of competence.

CHAPTER V

OF THE GENERAL PROVISIONS

Art. 30. The internal regiments will define the detailing of the integral bodies of the Regimental Structure, the competences of the respective units and the assignments of their leaders.

Attachment (s)