PROVISIONAL MEASURE NO 2.163?40, July 26, 2001

adds device to the Act No. 9,605 of February 12, 1998, which provides on criminal and administrative penalties derived from conduits and lesive activities to the environment.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers it on art. 62 of the Constitution, adopts the following Provisional Measure, with force of law:

Art. 1º The Law No. 9,605 of February 12, 1998, passes the increased vigour of the following article:

" Art. 79 ?A. For the fulfillment of the provisions of this Act, the integral environmental bodies of SISNAMA, responsible for the implementation of programs and projects and for the control and surveillance of establishments and activities susceptible to degrading the quality environmental, stay authorized to celebrate, with extrajudicial executive title strength, term of commitment to physical or legal persons responsible for the construction, installation, extension and operation of establishments and activities users of environmental resources, considered to be effective or potentially polluting.

§ 1º The term of commitment referred to in this article is intended? ?to, exclusively, to enable physical and legal persons mentioned in the caput can promote the necessary corrections of their activities, for the fulfilment of the requirements imposed by the competent environmental authorities, being mandatory that the respective instrument possesses about:

I? the name, qualification and address of the compromising parties and the respective legal representatives;

II? the term of the commitment, which, depending on the complexity of the obligations set out therein, may vary between the minimum of ninety days and the maximum of three years, with the possibility of extension for equal period;

III? the detailed description of its object, the value of the expected investment and the physical schedule of execution and deployment of the required works and services, with quarterly targets to be reached;

IV? the fines that can be imposed on the compromised physical or legal person and the cases of termination, due to the non-fulfilment of the obligations in it paced;

V? the value of the fine of which it treats inciso IV may not be greater than the value of the expected investment;

VI? the venue competent to direct disputes between the parties.

§ 2º In regard to the ongoing ventures until the March 30, 1998, involving construction, installation, extension and operation of establishments and activities users of environmental resources, deemed effective or potentially polluting, the signing of the term of commitment should be required by the interested physical and legal persons, until the December 31, 1998, by written application protocolized with the competent bodies of SISNAMA, and shall be signed by the maximum officer of the establishment.

§ 3º From the date of the protocolisation of the application set out in § 2º and while endure the effective duration of the corresponding term of commitment, they will be suspended, in relation to the facts they have given cause to the celebration of the instrument, the application of administrative sanctions against the physical or legal person that there is firming.

§ 4º The conclusion of the term of commitment that it treats this article does not preclude the execution of any fines imposed before the protocolization of the application.

§ 5º Consent? if terminated from full article term of commitment, when disabiding any of its clauses, re-salvaged the fortuitous case or force majeforce.

§ 6º The term of commitment is to be firmed up to ninety days, counted from the protocolization of the application.

§ 7º The application for a conclusion of the term of commitment shall contain the information necessary for the verification of its technical and legal feasibility, under penalty of dismissing the plan.

§ 8º Under penalty of ineffectiveness, the terms of commitment are to be published in the competent official body, upon excerpt. " (NR)

Art. 2º Ficam convalidated the acts practiced on the basis of the Provisional Measure No. 2.163?39, of June 28, 2001.

Art. 3º This Interim MeasD takes effect on the date of its publication.

Brasilia, July 26, 2001; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Silvano Gianni