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Decree No. 7224, 30 June 2010

Original Language Title: Decreto nº 7.224, de 30 de Junho de 2010

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DECREE NO. 7,224, OF June 30, 2010.

Promulga the Memorandum of Understanding between the Government of the Federative Republic of Brazil and the Government of the Kingdom of Denmark on Cooperation in the Areas of Renewable Energy and Energy Efficiency, firmed in Copenhagen, on September 13, 2007

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives him the art. 84, inciso IV, of the Constitution, and

Whereas the Government of the Federative Republic of the Brazil and the Government of the Kingdom of Denmark celebrated, in Copenhagen, on September 13, 2007, a Memorandum of Understanding on Cooperation in the Areas of Renewable Energy and Energy Efficiency;

Whereas the National Congress passed this Memorandum of Understanding through the Legislative Decree no 647, of September 18, 2009;

Considering that the Memorandum of Understanding came into force international on November 13, 2009, pursuant to its Article 8;

DECRETA:

Art. 1º The Memorandum of Understanding between the Government of the Federative Republic of Brazil and the Government of the Kingdom of the Denmark on Cooperation in the Areas of Renewable Energy and Energy Efficiency, struck in Copenhagen, on September 13, 2007, apensed by copy to the present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2º Are subject to the approval of the National Congress any acts that may result in revision of the said Memorandum of Understanding, as well as any supplementary adjustments which, pursuant to art. 49, inciso I, of the Constitution, carries charges or gravy commitments to the national heritage.

Art. 3º This Decree comes into effect on the date of its publication.

Brasilia, June 30, 2010; 189º of the Independence and 122º of the Republic.

LUIZ INÁCIO LULA DA SILVA

Antonio de Aguiar Patriota

MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL

AND THE GOVERNMENT OF THE KINGDOM OF DENMARK

ON COOPERATION IN THE AREA OF RENEWABLE ENERGIES AND ENERGY EFFICIENCY

The Government of the Federative Republic of Brazil

and

The Government of the Kingdom of Denmark

(henceforth named?Parties?),

Recognizing the interests shared by the Parties in relation to the development of affordable, clean and sustainable energy sources;

Considering the strategic role of renewable energy, including biofuels, to deal with the current global challenges and the needs of development;

Wishing to promote cooperation on the basis of mutual benefits in the area of production and use of renewable energy;

Recognizing the importance of promoting solutions based on renewable energy and the urgency of finding durable and economically viable solutions for energy issues, which are compatible with the need for economic growth and the fight against poverty;

Taking into consideration the Memorandum of Understanding between the Government of the Federative Republic of Brazil and the Government of the Kingdom of Denmark on Cooperation in the Area of Climate Change and Development and Implementation of Projects under the Clean Development Mechanism of the Kyoto Protocol, firmed on April 25, 2007;

Considering the Agreement on Scientific and Technological Cooperation between the Government of the Federative Republic of the Brazil and the Government of the Kingdom of Denmark firmed in Brasilia, on June 9, 1986;

Taking into consideration that the present Memorandum of Understanding should serve as a basis for cooperation and as an expression of the desire for cooperation between the Parties;

Achieved the following understanding:

Article 1

The goal of this Memorandum of Understanding is to foster a mutually beneficial partnership between the Parties in the area of renewable energy and energy efficiency.

Article 2

The following topics have been identified as areas of high priority for the cooperation between the Parties under the aegis of this Memorandum of Understanding:

a) development and promotion of energy efficiency, including:

(i) energy efficiency in relation to dwellings;

(ii)energy efficiency in relation to the production and use of energy in the industry;

(iii)energy efficiency in relation to the transport;

(iv) integration between different energy sources in coordinated and efficient systems.

b) development and promotion of renewable energies, including:

(i) biofuels, including ethanol and biodiesel;

(ii) use of biomass for electricity production;

(iii) wind power;

(iv) solar energy;

(v) use of waste for energy production.

Article 3

1 .The cooperation between the Parties under this Memorandum of Understanding can be conducted through:

a) exchange of information and documentation;

b) exchange of missions from experts, academics and delegations;

c) seminars organized jointly,? workshops? and meetings with the participation of experts, scientists, private companies and other relevant interlocutors;

d) other forms of mutually agreed cooperation.

2.Em compliance with respective national laws and international agreements in force in both countries, the Parties shall adopt the appropriate measures to protect intellectual property rights resulting from the implementation of this Memorandum of Understanding.

3.As conditions for the acquisition, maintenance and commercial exploitation of intellectual property rights on possible products and / or processes obtained under the present Memorandum of Understanding will be defined in specific projects, contracts or work programmes, the what will also determine the conditions of confidentiality of information whose disclosure and / or disclosure could jeopardize the acquisition, maintenance and commercial exploitation of intellectual property rights over possible products and / or obiture processes under the present Memorandum of Understanding.

Article 4

Both Parties will encourage organizations, private companies, government bodies at all levels and research institutions of both countries to establish cooperation activities with views to achieving the objectives of this Memorandum of Understanding.

Article 5

1.The costs related to the activities under this Memorandum of Understanding are subject to the availability of appropriate funds, in accordance with the budget provisions and the relevant laws of each Party.

2.The implementation of each particular activity under this Memorandum of Understanding will require the Parties to set out in writing the terms and conditions for the financing needs in accordance with the relevant national legislation of each Party.

3.All costs derived from the cooperation under this Memorandum of Understanding should be paid by the Party that it inruns, unless mutual agreement otherwise.

Article 6

This Memorandum of Understanding can at any time be object of amendments by means of the mutual written consent of the Parties.

Article 7

Any controversy related to interpretation or to the implementation of this Memorandum of Understanding will be resolved through consultations between the Parties.

Article 8

The present Memorandum of Understanding will enter into force upon notification by the Parties, by diplomatic means, of compliance with the legal requirements for their entry into force. This Memorandum of Understanding will remain in effect for two (2) years, automatically renewable for equal period of two (2) years. Any of the Parties may denounce this Memorandum of Understanding by strict notification to the other Party. The termination of the Memorandum of Understanding will occur after three (3) months counted as of the date of the notification and will not affect the running activities.

Signed in Copenhagen, in 13 of september 2007, in Portuguese, Danish and English, with all texts being equally identical.

BY THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL: CELSO AMORIM Minister of Foreign Affairs

BY THE GOVERNMENT OF THE KINGDOM OF DENMARK: JAKOB AXEL NIELSEN Minister of Transport and Energy