INTERIM MEASURE On 2.073?37, May 17, 2001.

Adds device to Law No. 9,605, of February 12, 1998, which provides about the criminal and administrative sanctions derived from conduct and activities that are harmful to the environment.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives you the 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 allow the 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 have 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 anticipated 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;

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 of 1998, upon written application protocolized with the competent bodies of SISNAMA, and shall be signed by the maximum leader of the establishment.

§ 3º From the date of the protocolization of the application provided for in § 2º and while lasting the duration of the corresponding term of commitment, will be suspended, in relation to the facts that have given cause to the celebration of the instrument, the application of administrative penalties against the physical person or legal that has been struck.

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

§ 5º You consider? if terminated from full right the term of commitment, when disabiding any of its clauses, re-salvaged the fortuitous or force majee case.

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

§ 7º The application for celebration of the term of commitment should 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 should be published in the competent official body, upon excerpt. " (NR)

Art. 2º Stay convalidated the acts practiced on the basis of the Provisional Measure No. 2.073?36, of April 19, 2001.

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

Brasilia, May 17, 2001; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

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