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Decree No. 6275, November 28 2007

Original Language Title: Decreto nº 6.275, de 28 de Novembro de 2007

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DECREE NO. 6,275, OF November 28, 2007.

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

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments that gives him the art. 84, incisments IV and VI, paragraph (a?) of the Constitution, and with a view to the provisions of the Act No 10,683 of May 28, 2003,

DECRETA:

Art. 1st Ficam approved the Regimental Structure and the Demonstrstrative Framework of the Cargos in Commission and Gratified Functions of the National Institute of Metrology, Normalization and Industrial Quality-INMETRO in the form of the Annexes I and II.

Art. 2nd Out of the provisions of the art. 1st, stay remanded, in the form of Annex III, the following posts in committee of the Group-Direction and Superiors Superiors-DAS:

I-of the Management Secretariat, of the Ministry of Planning, Budget and Management, for the INMETRO: nine DAS 101.2; and

II-do INMETRO for the Office of Management, of the Ministry of Planning, Budget and Management: nine of the 102.2.

Art. 3rd The apostilaments arising from the approval of the Regimental Structure of which it treats the art. 1st should occur within twenty 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 Development, Industry and Foreign Trade will make the publication in the Official Journal of the Union within thirty days of the date of publication of this Decree, nominal relationship of the holders of the posts in committee of the Group-Direction and Superiors Superiors-DAS, referred to in Annex II, indicating, including, the number of vacant positions, their denomination and their respective level.

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

Art. 5th This Decree goes into effect on the date of its publication.

Art. 6th Ficam revoked the Decrees in the 5,842, of July 13, 2006, and 5,965, of November 14, 2006.

Brasilia, November 28, 2007; 186th of the Independence and 119th of the Republic.

LUIZ INACIO LULA DA SILVA

Miguel Jorge

Paulo Bernardo Silva

This text does not replace the one published in the DOU of 11/29/2007

ANNEX I

STRUCTURE REGIMENTAL OF THE NATIONAL INSTITUTE OF

METROLOGY, STANDARDIZATION AND INDUSTRIAL QUALITY- INMETRO

CHAPTER I

OF NATURE AND PURPOSE

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

I-carry out national metrology and quality policies;

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

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

IV-strengthen Country participation in international activities related to metrology and conformity assessment, in addition to promoting exchange with entities and foreign and international bodies;

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

VI-stimulates the use of quality management techniques in Brazilian companies;

VII-plan and perform the accreditation activities of calibration and testing laboratories, of proficiency test providers, of evaluation bodies of the compliance and of others necessary for the development of the technological services infrastructure in the Country;

VIII-coordinate, within the framework of SINMETRO, the activity of conformity assessment, voluntary or compulsory, of products, services, processes and persons;

IX-plan and execute the activities of research, teaching, technological development in metrology and evaluation of compliance; and

X-develop service delivery activities and transfer of technology and technical cooperation, when aimed at innovation, to scientific and technological research in metrology and conformity assessment.

CHAPTER II

DA ORGANIZATIONAL STRUCTURE

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

I-direct assistance organs and immediate to the President:

a) Cabinet;

b) Coordinator-General of the Brazilian Network of Legal Metrology and Quality;

c) Coordinating-General Articulation of International articulation; and

d) Coordinate-General Accreditation;

II-sectional organs:

a) Internal Audit;

b) Federal Prosecutor's Office;

c) Directorate of Planning and Development; and

d) Directors of Administration and Finance;

III-specific organ-specific organs:

a) Directorate of Quality;

b) Directoria of Scientific and Industrial Metrology;

c) Directoria de Metrology Legal; and

d) Directorate of Innovation and Technology; and

IV-decentralized organs: Superintendences.

CHAPTER III

DA DIRECTION AND NOMINATION

Art. 3rd The INMETRO is run by its President and by his Directors.

Art. 4th The post of President of INMETRO and the remaining positions in committee and gratified functions will be provided in the form of the current legislation.

CHAPTER IV

DAS COMPETENCIES OF THE ORGANS

Section I

Of The organs of Direct Assistance and Immediate to the President

Art. 5th To the Cabinet competes:

I-attend the President on his social representation and policy;

II-follow up on the plotting of the legal acts of interest of the INMETRO, in particular of those who tramp on the National Congress;

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

IV-coordinate the communication activities social;

V-provide for the publication and dissemination of INMETRO's subjects of interest;

VI-coordinate the quality management system of INMETRO;

VII-providing technical-administrative support to the President of INMETRO, for the exercise of the charge of Executive Secretary of the Conmetro;

VIII-overseeing the activities of the Standing Committee of Licitation; and

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

Art. 6th To the Coordinator-General of the Brazilian Network of Legal Metrology and Quality competes:

I- advising the President on the establishment of the strategic targeting and the directors, in the specific sectoral orientations for the organs of the Brazilian Network of Legal Metrology and Quality -INMETRO (RBMLQ-I);

II-supervise and control the definition and elaboration of the terms of the convennials and contracts required for the delegation and implementation of the activities delegated by the INMETRO in the Country;

III-coordinate the follow-up actions and supervision of the activities delegated to the member bodies of the RBMLQ-I;

IV-supporting the President in coordinating the activities of INMETRO's Superintendances;

V-coordinate, in conjunction with the Board of Directors and Finance and with the Directorate of Planning and Development, the actions of budgetary and financial repasses to the RBMLQ-I;

VI-coordinate the elaboration of the annual investment plans for the RBMLQ-I;

VII-coordinate actions of identification and prioritization of needs, as well as of implementation of the development and empowerment of the work force of the bodies of the RBMLQ-I;

VIII-propose, to develop and implement projects of modernization and standardization of the execution of the activities delegated by INMETRO, especially the informatization and deployment activities of the quality management system for the RBMLQ-I;

IX-coordinate the acquisition and distribution of the material required for the execution of the activities delegated to the member bodies of the RBMLQ-I; and

X-coordinate the integrated action of the chambers setorials and regional with the manager council and plenary meetings of the RBMLQ-I.

Art. 7th To the Coordinating-General Articulation compete:

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

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

III-supervise and control the realization of technical cooperation and exchange programs with organizations international and foreign, in the areas of metrology, of conformity assessment and technical regulation, including for human resource development;

IV-coordinate the harmonisation of technical regulations within Mercosur and too much economic blocks, as well as support technically the negotiating meetings in the area of international trade, at regional and plurilateral level;

V-propose, coordinate and follow up, in articulation with the remaining areas of the INMETRO, the allocation of the indispensable resources to the fulfilment of international commitments; and

VI-coordinate, plan and articulate, within the framework of the INMETRO, the international negotiations of technical, scientific and commercial character, which involve the areas of metrology, technical regulation and conformity assessment, acting as Focal Point of Technical Barriers To Exports, with the aim of assisting small and medium-sized enterprises in its exporting effort, aiming at the overcoming of technical barriers.

Art. 8th To the Ordinance-General Accreditation competes:

I-plan, drive, guide, coordinate and perform accreditation activities;

II-act as an accreditation organ of organisms of assessment of compliance and other bodies necessary for the development of the technological services infrastructure in the Country in accordance with internationally recognized standards, guides and regulations;

III-capaciting professionals for their acting in accreditation activities;

IV-accreditation evaluators and experts for the execution of the technical, materials and accessory activities to the evaluation services of conformity assessment bodies;

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

VI- coordinate the interaction with the lights related to the activities of your acting area, in national, regional and international ambit, accompanying and evaluating world trends;

VII-participate in international and regional outlines related to accreditation activities; and

VIII-identify opportunities and pick up resources together with the institutions of foment, for funding of accreditation programs.

Section II

From the Sectional Organs

Art. 9th To Internal Audit competes:

I-check compliance in relation to standards beholsvers of the procedures of budgetary, accounting, financial, heritage and human resources, as well as, when determined by the President, of the technical-operational;

II-creating conditions necessary to ratify the effectiveness of internal and external controls, searching for regularity in the use of public resources;

III-examine specific legislation and standards correlates, guiding as to their observance;

IV-carry out regular inspections in the INMETRO's acting areas, to check the physical and financial execution of the projects and activities, including those performed by third parties, as well as follow up with the results of the paced commitments in the management contract;

V-carry out financial, accounting and administrative audits for the purpose of evaluating and measuring the correctness and regularity of the Autarquia accounts as well as of RBMLQ-I, assessing efficiency and effectiveness in the application of resources; and

VI-perform extraordinary overdraft audits which, in the interest of the administration, come to be determined by the President of INMETRO.

Art. 10. To the Federal Prosecutor's Office, as the executor organ of the Federal Attorney General, it competes:

I-exercise the judicial and extrajudicial representation of the INMETRO, acting on the processes in which Autarquia is authored, ré, opponent or assistant;

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

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

IV-examine and approve minutes of bidding editions, of contracts instruments, of convents and of other acts creators of rights and obligations, which should be celebrated by the INMETRO;

V-analyse and issue opinions and manifestations on issues raised by the application of the laws and regulations concerning the activities developed by INMETRO;

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

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

Art. 11. To the Directorate of Planning and Development competes:

I-coordinate, follow up, evaluate and overseeing the execution of the activities related to the organization and administrative modernization of the INMETRO;

II-negotiate, in articulation with the pertinent areas of the government, and administer the INMETRO budget;

III-manage the projects and actions under responsibility of INMETRO in the Multiannual Plan-PPA;

IV-coordinate the actions regarding human resource development;

V-coordinate actions concerning the elaboration and deployment of the Director Plan of Informatics and Development of Systems of the INMETRO;

VI-implant dissemination actions of the culture of metrology and evaluation of compliance in the Country;

VII-negotiate the management contract; and

VIII-formulate institutional strategic orientations.

Art. 12. To the Board of Directors and Finance compete:

I-plan, coordinate, drive, supervising, monitoring and evaluating the implementation of the actions concerng the Civil Personnel Systems of the Federal Administration, General Services, Financial Administration and Federal Accounting, within the framework of INMETRO; and

II-plan, coordinate, supervise, and evaluate the execution of the activities concerning projects and studies related to the engineering services, works and facilities of the INMETRO real estate and those by it administrated.

Section III

Dos Singular Specific Organs

Art. 13. The Directorate of Quality competes:

I-plan, drive, guide, coordinate and execute the conformity assessment activities;

II-articulate with the different segments of the society, objecting to identifying and prioritizing the demands for conformity assessment programs;

III-effecting studies of feasibility, development, deployment, monitoring and evaluation of the different conformity assessment programmes, within the framework of the SINMETRO;

IV-carry out actions to accompany, scrutinize and verify, on the market, the compliance of products, processes and services to the relevant technical standards and regulations;

V- guide and educate the different segments of society on the issues linked to conformity assessment, quality and consumer relations;

VI-encouraging the development of national normalization;

VII-elaboration of technical regulations in the area of quality;

VIII-coordinate actions of international recognition of conformity assessment programs; and

IX-coordinate the registration activities of the products, services, and processes submitted to regulations and programs of assessment of the conformity of your competency.

Art. 14. To the Directorate of Scientific and Industrial Metrology competes:

I-plan, drive, coordinate and supervise the implementation of the activities in the framework of basic metrology;

II- establish acting guidelines in the framework of scientific and industrial metrology, in compliance with consolidated policies in the Conmetro;

III-carry out or reproduce the units of measurement, as well as maintain and conserve national metrological standards;

IV-referencing, directly or indirectly, the national metrological standards to the international ones, aiming at the harmonization through comparisons-keys, supplementary comparisons, international comparisons, regional comparisons and traceability of measurements;

V-disseminate the units of the International System of Units-SI, its multiples and submultiples, by means of appropriate metrological methodologies;

VI-proofing traceability to the metrological patterns of the country's diverse labs;

VII-develop scientific and technological research concerning metrology and correlative areas;

VIII-providing services of a metrological nature, including designating reference laboratory national, for a given greatness, in the terms of paragraph 1st of art. 3rd of the Resolution no 3, of July 23, 2002, of the Conmetro, and follow up on the performance of the activities concerning your acting as?Designated Laboratory?;

IX-providing support to the areas of legal metrology, evaluation of the compliance and accreditation, in the framework of basic metrology;

X-participate in the hores international and regional related to scientific and industrial metrology activities, as well as representing Brazil at the Bureau International de Poids et Mesures-BIPM and in other international metrology instances;

XI-coordinate the actions of international recognition, related to the standardization of SI units; and

XII-disseminate knowledge of metrology to society, through courses, publication of instructional material, methodologies and presentation of works in technical and scientific events.

Art. 15. To the Directorate of Legal Metrology competes:

I-orient, plan, drive, coordinate, and control the execution of activities within the framework of legal metrology;

II-propose projects of technical regulations;

III-propose training and resource improvement programmes humans in legal metrology;

IV-specify the requirements that models of measures materialized and measuring instruments should cater for, examining them, defining them and approving them;

V-enunciate the requirements and specifications that the pre-measured products should satisfy;

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

VII-participate in the international and regional forums related to the metrology activities legal.

Art. 16. To the Directorate of Innovation and Technology competes:

I-support the actions of industrial policy, stimulating innovation and the competitiveness of the productive sector;

II-develop studies of prospecting of strategic areas, scenario analyses, and key technologies, to subsidize strategic orientation and decision making process in INMETRO, relevant to technological innovation;

III-support the remaining INMETRO Directorias in the analysis of economic and financial impacts of new projects directed towards the technological innovation and development of new products;

IV- articulate, at a national and international level, with research bodies and entities of the productive sector for the joint development of activities aimed at technological innovation and the modernization of the industrial sector;

V-coordinate, plan, drive and perform the activities of technological information and support dissemination of information in metrology, normalization, conformity assessment and on technical barriers to the business, technological, academic and scientific sectors, contributing to the process of technological modernization of the Country;

VI-orienting, planning and coordinating actions aimed at the development of the Technological Pole and the Incubator of Technological and Business Projects of the INMETRO;

VII-plan, articulate and coordinate actions related to the management of innovation, intellectual property and technology transfer in the INMETRO; and

VIII-acting as Core of Technological Innovation of the INMETRO, managing the innovation policy of the Autarquia, in the terms provided for in art. 17 and single paragraph, of the Decree no 5,563, of October 11, 2005.

Section IV

From the Decentralized Organs

Art. 17. To Superintendences compete:

I-perform the legal assignments of Autarquia in their respective constituencies;

II-acting in support of the development of the delegated activities to RBMLQ-I in its budget and financial runs, and

III-comply with the guidelines and determinations emanating from the INMETRO Presidency.

CHAPTER V

DAS ATTRIBUTIONS OF LEADERS

Art. 18. To the President of the INMETRO incumbent:

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

II-represent the INMETRO in judgment or out of it;

III-supervising and coordinating the activities of the integral organs of the INMETRO Regresmental Structure;

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

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

VI-submit to the approval of the Ministry of Development, Industry and Foreign Trade the internal regiment of the INMETRO;

VII-practice the acts of effective office of the Personnel Board of the INMETRO, due to habilitation in public tender, as well as exercise the disciplinary power, under the current legislation;

VIII-grant retirees to the servers that it does jus;

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

X-firming, as the legal representative of the INMETRO, contracts, arrangements, agreements, adjustments and other similar negotiating acts;

XI-delegating any of your assignments, save those which, by their very nature or by legal vedness, can only be by it implemented privately; and

XII-create Representative Offices, with the approval of the Ministry of Development, Industry and Foreign Trade, in the Federation States, when it is made necessary for the full fulfillment of the institutional mission.

Art. 19. To Directors, the Chief of Staff, the Chief Auditor, the Chief Prosecutor, the Ouvidor, the Coordinators-General and the remaining INMETRO leaders are incumbent on planning, directing and coordinating the execution of the activities affected to their respective units and exercise other assignments that are committed to them by the President of INMETRO.

CHAPTER VI

OF THE GENERAL AND TRANSITIONAL PROVISIONS

Art. 20. The President of INMETRO will be replaced, in his impediments and legal flats, by one of the Directors, designated by the Minister of State for Development, Industry and Foreign Trade.

Art. 21. The internal regiment shall define the detailing of the integral bodies of the INMETRO Regresmental Structure, the competences of the respective units, the assignments of their leaders and the area of jurisdiction of the Superintendencies.

Art. 22. The missing cases and the doubts raised in the application of the present Regimental Structure will be addressed by the President of the INMETRO, ad referendum of the Minister of State for Development, Industry and Foreign Trade.