PROVISIONAL MEASURE NO-595, OF December 6, 2012

Disposes on the direct and indirect exploitation, by the Union, of ports and port facilities and on the activities performed by the port operators, and gives other arrangements.

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

CHAPTER I

OF THE DEFINITIONS AND OBJECTIVES

Art. 1º This Interim Measure regulates the exploitation by the Union, directly or indirectly, of ports and port facilities, and the activities performed by the port operators.

§ 1º The indirect exploration of the port organized and of the port facilities in it located will occur upon concession and leasing of public good.

§ 2º The indirect exploitation of the port facilities located outside the organized port area will occur upon authorization, pursuant to this Interim Measure.

§ 3º The concessions, leases and authorizations of which this Provisional Measure is to be heard will be bestoed on the legal person demonstrating capacity for his / her performance, by your account and risk.

Art. 2º For the purposes of this Provisional Measure, consider:

I-port organized-well public built and trim to meet the needs of navigation, passenger handling or handling and storage of goods, and whose port traffic and operations are under the jurisdiction of port authority;

II-area of the organized port-area bordered by act of the Executive Power, which comprises the port facilities and the protection and access infrastructure to the organized port;

III-port facility-installation located inside or outside the area of the organized port, used in moving passenger, moving or storing of goods, intended for or from aquaviary transport;

IV-terminal of private use-operated port facility operated upon authorization, located outside the area of the organized port;

V- cargo transshipment station-operated port facility operated upon authorization, located outside the port area organized and used exclusively for transshipment operation of goods in inland waterway vessels or cabotage;

VI-small public port facility? port facility operated upon authorization, located outside of the port organized, used in moving passenger or goods in inland waterway vessels;

VII-tourist port facility- port facility operated upon lease or permit, used in boarding, disembarkation and transit of passengers, crew and baggage, and of inputs for the pavement and supply of tourist vessels;

VIII-concession-onerous assignment of the organized port, with views to the administration and the exploitation of its infrastructure by a specified time;

IX-delegation-transfer, upon convenium, of the administration and of the operation of the port organized for Municipalities or States, or the public consortium, pursuant to Law No. 9,277, of May 10, 1996;

X-lease-onerous assignment of area and public infrastructure, located within the port organized, for exploration by a specified time;

XI-authorization-law-outorship of port facility operation located outside the area of the organized port, formalized upon accession contract; and

XII-port operator-pre-qualified legal person to exercise the activities of moving passengers or moving and storing goods, intended or coming from aquaviary transport, within the area of the organized port.

Art. 3º The exploration of the organized harbours and port facilities, with the aim of increasing the competitiveness and development of the Country, should follow the following guidelines:

I-expansion, modernization and optimization of the infrastructure and the super-structure that integrate organized ports and port facilities;

II-guarantee of the modicity and advertising of the tariffs and prices practiced in the sector, of the quality of the activity provided and of the effectiveness of users ' rights;

III-stimulus to the modernization and enhancement of the management of organized ports and port facilities, to the valorisation and qualification of the port labor, and to the efficiency of the activities provided;

IV-promotion of the safety of navigation in the entry and exit of the ports ' vessels; and

V-stimulus to the competition, encouraging private sector participation and ensuring the ample access to organized harbours, facilities and port activities.

CHAPTER II

OF THE EXPLOITATION OF PORTS AND PORT FACILITIES

Section I

Da Grant of Organized Port and the Tenure

of Port Facility

Art. 4º The granting and renting of public good intended for port activity shall be carried out upon conclusion of contract, always preceded by bidding, in accordance with the provisions of this Interim Measure and in its Regulation.

Single paragraph. The concession contract may cover, in whole or in part, the exploitation of the organized port and its administration.

Art. 5º Are essential to the concession and lease agreements the relative clauses:

I-to the object, the area and the time frame;

II-to the mode, shape and conditions of the exploration of the organized port or facility port;

III-to the criteria, indicators, formulas and defining parameters of the quality of the activity provided, as well as targets and deadlines for the range of certain levels of service;

IV-to the value of the contract, the tariffs practiced and the criteria and procedures for review and re-adjustment;

V-to the contractor's liability investments;

VI-to the rights and duties of the users, with the obligations correlates of the contractor and the respective sanctions;

VII-to the responsibilities of the parties;

VIII-to the reversal of goods;

IX-to the rights, guarantees and obligations of the contractor and of the contracted, including those related to future needs for supplementation, alteration and expansion of the activity and consequent modernization, enhancement and extension of the facilities;

X-to the way of surveillance of the facilities, equipment and methods and practices of carrying out the activities, as well as the indication of the competent bodies or entities to exercise it;

XI-to the guarantees for proper execution of the contract;

XII-the responsibility of the port facility holder for the inexecution or poor execution of the activities;

XIII-to the chances of the extinction of the contract;

XIV-to the mandatory of provision of information of interest from the granting power, from the National Transportation Agency Aquaviaries-ANTAQ and the remaining authorities acting in the port sector, including those of specific interest of National Defence, for the purposes of mobilization;

XV-to the adoption and compliance of customs surveillance measures of goods, vehicles and persons;

XVI-to access to the organized port or port facility by the granting power, by ANTAQ and by the remaining authorities acting in the port sector;

XVII-to penalties and their form of application; and

XVIII-to the venue.

§ 1º The concession contracts and lease will be term of up to twenty five years, counted from the date of the signing, extended by at most equal period, a single time, at the discretion of the granting power.

§ 2º Fishing the term of the contracts, the goods linked to the concession or to the lease will revert to the Union's heritage in the form provided for in the contract.

Art. 6º In the bidding of the concession and lease agreements will be considered as criteria for trial the largest move with the lowest fare, and others set out in the edict, in the form of the regulation.

§ 1º As tenders that it treats this article may be carried out in the auction modality, as per regulation.

§ 2º Compete à ANTAQ, based on the guidelines of the granting power, carry out the bidding procedures of which it treats this article.

§ 3º The editions of the tenders of which it treats this article will be drawn up by the ANTAQ, observed the guidelines of the granting power.

Art. 7º The ANTAQ will be able to discipline the use, by any person concerned, of leased port facilities or operated by the concessionaire, assured of appropriate remuneration to the contract holder.

Section II

From the Authorization of Port Facilities

Art. 8º Will be explored upon authorization, preceded by call and public selective process, the port facilities located outside the area of the port organized, understanding the following modalities:

I-terminal of use private;

II-freight transshipment station;

III-small port public port facility; and

IV-tourist port facility.

§ 1º The authorization will be formalized by means of accession contract, which will contain the essential clauses provided for in the caput of the art. 5º, with the exception of those provided for in its incisos IV and VIII.

§ 2º The port facility permit will be term of up to twenty five years, extended by successive periods, provided that:

I-a port activity is maintained; and

II-the authorising officer promotes the investments necessary for the expansion and modernization of the port facilities, in the form of the regulation.

§ 3º Cessada to any time the port activity on the initiative or responsibility of the authorising officer, the area and the goods to it linked will revert, without any burden, to the Union's heritage, pursuant to the regulation.

§ 4º Those interested in obtaining the port facility permit will be able to require it to the ANTAQ, which should give broad and immediate publicity to the requirements.

§ 5º The ANTAQ will adopt the measures to ensure compliance with the investment timetables provided for in the authorizations and may require guarantees or apply sanctions, inclusive of cassation of the authorization.

Art. 9º Compete for the ANTAQ to promote public call to identify the existence of those interested in obtaining port facility clearance, previously heard the granting power.

§ 1º The calling instrument of the call public will contain information regarding the location and characteristics of the port facilities to be authorized and the necessary requirements for the manifestation of interest.

§ 2º Act of the Executive Power will define the procedures, deadlines and criteria for the public selective process, observed the principles of legality, impersonation, morality, publicity and efficiency.

Art. 10. The ANTAQ will be able to discipline the conditions of access, by any person concerned, to the authorized port facilities, assured remuneration appropriate to the holder of the permit.

Art. 11. The conclusion of the concession or tenancy agreement and the authorization dispatch shall be preceded by:

I-consultation with the customs authority;

II-consultation with the respective municipal Public Power; and

III-issuance, by the licensor body, of the reference term for environmental studies with views to licensing.

CHAPTER III

OF THE GRANTING POWER

Art. 12. To the granting power compete:

I-draw up the sectoral planning in compliance with the integrated logistics policies and guidelines;

II-define the guidelines for the realization of the procedures licitatory and the selective processes of which it treats this Provisional Measure,

inclusive for the respective editions and convening instruments;

III-celebrate the concession and lease agreements and expedited the port facility permits, and the ANTAQ shall monitor them in accordance with the provisions of the Act No 10,233 of June 5, 2001; and

IV-establish the standards, criteria and procedures for the pre-qualification of port operators.

Single paragraph. For the purposes of the provisions of this Provisional Measure, the granting power will be able to conclude arrangements for technical and administrative cooperation with organs and entities of the federal public administration, the states, the Federal District and the Municipalities, inclusive with resourt of resources.

CHAPTER IV

OF THE ADMINISTRATION OF THE ORGANIZED PORT

Section I

Of The Competencies

Art. 13. It is incumbent on the administration of the organized port, called the port authority:

I-comply and enforce the laws, regulations and concession contracts;

II-ensuring the enjoyment of the advantages arising from the betterment and appearance of the port to trade and navigation;

III-pre-qualify port operators, in accordance with the standards established by the granting power;

IV-raise the values of the tariffs relating to their activities;

V-scrutinize or carry out the construction, reform, extension, improvement and conservation works of the port facilities;

VI-scrutinize the operation port, caretaking for the realization of the activities with regularity, efficiency, safety and respect for the environment;

VII-promoting the removal of vessels or hulls of vessels that could impair access to the port;

VIII-authorize the entry and exit, inclusive docking and undocking, the fundee and vessel traffic in the port area, heard the remaining port authorities;

IX-authorize cargo handling of the craft, resourced the competence of the maritime authority in assistance and rescue vessel situations, heard the remaining port authorities;

X-suspend port operations that harm the functioning of the port, resourced the aspects of interest of the maritime authority responsible for the safety of aquaviary traffic;

XI-report infractions and represent it with the ANTAQ, aiming at the administrative process and implementation of the penalties provided for in law, in regulation and in contracts;

XII-adopt the measures requested by the remaining authorities in the port;

XIII-providing technical and administrative support to the council of port authority and the labor management body; and

XIV-establish the port's operating schedule, observed the guidelines of the Secretariat of Ports of the Presidency of the Republic, and the working journeys in the public use quays.

§ 1º The port authority shall draw up and submit to the approval of the Office of the Ports of the Presidency of the Republic the respective Development and Zoning Plan of the Port.

§ 2º The provisions of the incisians IX and X of the caput do not apply to the military vessel that is not practicing commerce.

§ 3º The maritime authority responsible for traffic safety may intervene to assure the vessels of the Brazil's navy the priority for docking at the port.

Art. 14. Within the boundaries of the area of the port organized, it is incumbent on the administration of the port:

I-under coordination of the maritime authority:

a) establish, maintain and operate the balization of the access channel and of the basin of evolution of the port;

b) delimiting the areas of fundeadgold, fundee for loading and unloading, sanitary inspection and maritime police;

c) delimiting the areas intended for warships and submarines, platforms and too many special vessels, ships in repair or waiting for docking and ships with flammable or explosive loads;

d) establish and disclose the maximum operation calf of the vessels, depending on the withdrawals batimetric effected under its responsibility; and

and) establish and publicize the maximum gross bearing and the maximum dimensions of the vessels that trahed-up, depending on the limitations and physical characteristics of the harbour pier;

II-under coordination of the customs authority:

a) delimit the customs area; and

b) organize and flag the flows of goods, vehicles, units of loads and of persons.

Art. 15. The port administration could, at the discretion of the granting power, directly or indirectly exploit unaffected areas to port operations, observed the provisions of the respective Development Plan and Zoning of Porto.

Single paragraph. The provisions of the caput do not depart the application of the bidding and public procurement standards when the port administration is exercised by organ or entity under state control.

Art. 16. A port authority board, the advisory body of the port administration, shall be instituted in each port.

Single paragraph. The regulation will have on the assignments, operation and composition of the port authority boards, ensured participation of representatives of the business class, port workers and the Public Power.

Art. 17. The participation of a representative of the business class and another of the working class on the board of directors or equivalent body of the port administration is ensured when it comes to the entity under state control, in the form of the regulation, noted the provisions of the Act No 12,353, of December 28, 2010.

Art. 18. The Office of the Ports of the Presidency of the Republic will coordinate the integrated acting of the public bodies and entities in the organized ports and port facilities, with the purpose of ensuring the efficiency and quality of their activities, in the terms of the regulation.

Section II

From the Customs Administration in the Organized Ports

and in the Customs Ports Facilities

Art. 19. The entry or exit of goods originating in or destined for the outside will only be able to take place in ports or customs port facilities.

Single paragraph. The customs clearance of organized ports and port facilities for the handling and storage of imported goods or the export will be effected after the requirements set out in the specific legislation are met.

Art. 20. It is incumbent upon the Ministry of Finance, through the customs offices:

I-comply and enforce the legislation governing the entry, permanence and exit of any goods or goods from the Country;

II-scrutinize the entry, stay, movement and exit of persons, vehicles, cargo units and goods, without prejudice to the tasks of the other authorities in the port;

III-exercise surveillance customs and clamp down on smuggling and the dissent, without prejudice to the assignments of other organs;

IV-raise the tax incidents on foreign trade;

V-proceed to the customs dispatch on the import and export;

VI-proceed to the seizure of irregular goods, pursuant to the tax legislation;

VII-authorize the removal of goods from the port area to other places, customs or otherwise, in the cases and in the manner provided for in the customs legislation;

VIII-administrating the application of suspensive, exonerative or disclunting regimes of tributes to imported goods or to export;

IX-ensuring compliance with treaties, agreements or international conventions in the customs plan; and

X-ensure compliance with customs legislation and the defence of national making interests.

§ 1º In the exercise of its assignments, the customs authority shall have free access to any dependencies of the port or port facility, to the vessels docked or not, and to the places where they find goods proceeded from the exterior or to it intended.

§ 2º In the exercise of its assignments, the customs authority may, whenever it deems necessary, requisition documents and information, and the support of federal, state or federal public force municipal.

CHAPTER V

OF THE PORT OPERATION

Art. 21. The prequalification of the port operator will be effected by the administration of the port, as per standards established by the granting power.

§ 1º The pre-qualification standards must comply with the principles of legality, impersonation, morality, publicity and efficiency.

§ 2º The port administration will have thirty-day time limit, counted from the request of the person concerned, to decide on the pre-qualification.

§ 3º In case of rejection of the application mentioned in § 2nd, it will be recourse, within fifteen days, addressed to the Office of the Ports of the Presidency of the Republic, which should appreciate it within thirty days, pursuant to the regulation.

§ 4º It is considered prequalified as a port operator the administration of the port.

Art. 22. The port operator will respond to:

I-the administration of the port, for the damage culposely caused to the infrastructure, facilities and equipment that the port administration is holder of, which is found to be service or under your guard;

II-the owner or consignee of the merchandise, for the losses and damages that occur during the operations that you carry out or in due course of them;

III-the shipowner, by the avairies occurred on the vessel or the merchandise given the transport;

IV-the port worker, for the remuneration of the services provided and the respective charges;

V-the local labour management body of the work avulsed, by the uncollected contributions;

VI-the competent bodies, by the pick-up of the incident tributes on the avulous port work; and

VII-the customs authority, by the goods subject to customs control, in the period in which they are entrusted or when they have sole control or use of area where they are deposited or should transcend.

Single paragraph. It is incumbent upon the administration of the port to respond by the goods to which the incisos II and VII of the caput are referred to when they are in area by it controlled and upon their receipt, as defined by the port's operating regulation.

Art. 23. The activities of the port operator are subject to the standards set by the ANTAQ.

§ 1º The port operator is holder and responsible for the coordination of the port operations that effectuate.

§ 2º A cargo handling activity on board the vessel shall be carried out in accordance with the instruction of its commander or of his preposts, responsible for the safety of the vessel in the tidying or withdrawal activities of the cargo as to safety of the vessel.

Art. 24. It is expendable the intervention of port operators in operations:

I-that, by their handling methods, their characteristics of automation or mechanization, do not require the use of labor or be able to be executed exclusively by the crew of the vessels;

II-of vessels employed:

a) in works of public services in the waterways of the Country, performed directly or indirectly by the Public Power;

b) in the transport of small crop and fishing genres, to supply municipal scope markets;

c) in the inland and auxiliary navigation;

d) in the transport of bulk liquid goods; e

e) in the transport of bulk solid goods, when loading or unloading is done by automatic mechanical appliances, save as to the activities of rechego;

III-relating to the move of:

a) loads in area under military control, when carried out by military personnel or linked to military organization;

b) materials by shipyards and shipyard repair; and

c) parts spares, maple material, groceries and supply of vessels; and

IV-relative to the supply of watery, fuels and lubricants for navigation.

Single paragraph. Should the person concerned understand necessary the use of supplementary manpower for execution of the operations referred to in the caput, he / she shall request it to the organ manager.

Art. 25. The cooperatives formed by avulese port workers, registered in accordance with this Provisional Measure, will be able to establish themselves as port operators.

Art. 26. The port operation in facilities located outside the area of the organized port will be disciplined by the holder of the respective permit, observed the standards set by the maritime, customs, health, health and police authorities maritime.

Art. 27. The provisions of this Provisional Measure shall be without prejudice to the application of the remaining standards regarding maritime transport, including those arising from ratified international conventions, while internationally binding the Country.

CHAPTER VI

OF THE PORT WORK

Art. 28. Port operators shall constitute in each port organized a labor management body of the port work, intended for:

I-administer the supply of the labor of the port worker and the worker avulso port;

II-maintain, with exclusivity, the port worker's enrollment and the registration of the avulse port worker;

III-train and professionally enable the port worker, enrolling it in the enrollment;

IV-select and register the avulse port worker;

V-establish the number of vacancies, the shape and periodicity for access to the port worker register avulso;

VI-exasking the port worker identification documents; and

VII-raising and repassing to the beneficiaries the values due by the port operators relating to the remuneration of the avulsed port worker and the corresponding tax, social and pension charges.

Single paragraph. If concluded contract, agreement or collective agreement of work between workers and service takers, the provisions of the instrument shall precede the manager organ and shall waived its intervention in the relations between capital and work in the port.

Art. 29. It is incumbent on the labor management body of the avulant port work:

I-apply, when couber, disciplinary standards provided for in law, contract, convention or collective work arrangement, in the case of disciplinary transgression, the following penalties:

a) verbal or written reprimand;

b) suspension of the registration for the period of ten to thirty days; or

c) cancellation of the registration;

II- promote the professional training and multifunctional training of the port worker, and relocation and incentive programs to the cancellation of the registration and retirement anticipation;

III-raise and re-pass the beneficiaries contributions intended to encourage the cancellation of registration and voluntary retirement;

IV-raise the contributions aimed at the organ's costing;

V-ensure health standards, hygiene and safety in the avulse port work; and

VI-submit to the administration of the port proposed for enhancement of port operation and economic valorization of the port.

§ 1º The organ does not respond for damages caused by the port workers avuled to the borrowers of their services or to third parties.

§ 2º The organ responds, in solidarity with the port operators, by the remuneration due to the port worker avulso.

§ 3º The organ may require from the port operators the prior guarantee of the respective payments, to meet the requisition of avulous port workers.

Art. 30. The exercise of the assignments provided for in the arts. 28 and 29 by the labor management body of the avulant port work does not imply employer-intensive link with avulsed port worker.

Art. 31. The labor management body may cede avulso port worker, in permanent character, to the port operator.

Art. 32. The labor management of the avuled port work shall observe the standards of the contract, convention or collective agreement of work.

Art. 33. It shall be constituted, within the framework of the labor management body, parity commission to remedy disputes arising from the application of the provisions of the arts. 28, 29 and 31.

§ 1º In the event of an impasse, the parties must resort to the arbitration of final bids.

§ 2º Firmed the arbitral commitment, shall not be admitted to quitting any of the parties.

§ 3º The arbitrators must be chosen from common agreement between the parties and the arbitral laude handed down for solution of the pendency constitutes extrajudicial executive title.

Art. 34. The workforce management body shall have a supervisory board and an executive board obligatorily.

§ 1º The supervisory board shall be composed of three titular members and their alternates, nominees in the form of the regulation, and will have as competence:

I-deliberating on the matter contained in the inciso V of the art's caput . 28;

II-edit the standards to which the art relates. 38; and

III-scrutinize the management of directors, examine, at any time, the books and papers of the organ, and request information about any acts practiced by the directors or their preposers.

§ 2º A executive board will be comprised of one or more directors, designated and destitute in the form of the regulation, whose managerial term will be three years, allowed for redesignation.

§ 3º Up to one-third of the board members of supervision may be designated for positions of directors.

§ 4º In the silence of the statute or social contract, it will compete to any director the representation of the organ and the practice of the acts necessary for its functioning regular.

Art. 35. The labor management body is reputed to be of public utility, sensing it vetting for-profit, providing services to third parties, or exercising any activity not linked to labor management.

Art. 36. The port work of capatazia, estiva, cargo conference, cargo repair, block and vessel surveillance, at the organized ports, will be carried out by port workers with an indefinite employment bond and by avulese port workers.

§ First For the purposes of this Interim Measures, consider:

I-capatazia-activity of movement of goods on the premises within the organized port, understanding the receipt, conference, internal transport, opening of volumes for the customs conference, handling, tidying up and delivery, as well as loading and unloading of vessels, when effected by port apparel;

II-estiva-activity of movement of goods on the decks or in the basements of the main or auxiliary vessels, including transhipment, tidying, pearing and evicing, as well as loading and unloading, when carried out with on-board equipment;

III-cargo conference-counting of volumes, annotation of their characteristics, provenance or destination, verification of the state of the goods, assistance to weighing, conference of the manifest, and too much services correports, in the loading and unloading operations of vessels;

IV-repairing loading-repair and restoration of goods packaging, in the loading and unloading operations of vessels, repacking, marking, remarking, stamping, labeling, opening volumes for surveys and subsequent recomposition;

V-surveillance of vessels-surveillance activity of the entry and exit of persons on board of the vessels docked or funneled offshore, as well as movement of goods in the portalos, ramps, cellars, decks, platforms and at other sites of the vessel; and

VI-block-activity of cleaning and conservation of merchant vessels and their tanks, including rust-baking, painting, small-ride repairs and correporting services.

§ 2º The hiring of estiva port workers, cargo conference, repair of load and surveillance of vessels with an undetermined employable bond will be made exclusively among registered avulated port workers.

Art. 37. The workforce management body:

I-will organize and maintain enrollment of port workers enabled the performance of the activities referred to in § 1st art. 36; and

II-will arrange and maintain the record of the avulese port workers.

§ 1º The enrollment in the port worker's enrollment will depend solely on the professional's prior habilitation of the worker interested, upon training carried out in entity indicated by the labor management body.

§ 2º The ticket in the register of the avulsed port worker depends on prior selection and enrollment in the enrollment of that treats the inciso I of the caput, obeyed the availability of vacancies and the chronological order of enrollment in the enrollment.

§ 3º The inscription on the enrollment and the registration of the port worker extinguish themselves by death, retirement or cancellation.

Art. 38. The selection and registration of the avuled port worker will be made by the avulsa labor management body, in accordance with the norms set out in contract, convention or collective work arrangement.

Art. 39. The remuneration, the definition of the functions, the composition of the suits and the remaining conditions of the avulsed work will be the object of negotiation between the representative entities of the avulese port workers and port operators.

Art. 40. It is provided to the holders of port facilities subject to the authorization scheme for the hiring of indefinite term employees, observed the provisions of the contract, convention or collective bargaining agreement of the respective economic categories preponderants.

CHAPTER VII

OF THE INFRACTIONS AND PENALTIES

Art. 41. Constitutes infringement all action or omission, whether voluntary or involuntary, which matters in:

I-carrying out port operations with contravention of the provisions of this Interim Measure or with failure to comply with the regulations of the port;

II-unwarranted refusal, on the part of the body of labor management, of the distribution of workers to any port operator; or

III-use of land, area, equipment and facilities port, inside or outside the port organized, with deviation of purpose or with disrespect to the law or regulations.

Single paragraph. Responds by the infraction, jointly or in isolation, any physical or legal person who, intervening in the port operation, competes for his or her practice or her benefit.

Art. 42. The infractions are subject to the following penalties, applicable separately or cumulatively, according to the severity of the lack:

I-warning;

II-fine;

III-ticket ban in the port area for period of thirty to one hundred and eighty days;

IV-suspension of port operator activity, for the period of thirty to one hundred and eighty days; or

V-cancellation of the accreditation of the port operator.

Single paragraph. Without prejudice to the provisions of this Provisional Measure, they shall apply in a subsidiary to the infractions provided for in the art. 41 the penalties set out in the Act no 10,233, of 2001, either separately or cumulatively, according to the seriousness of the lack.

Art. 43. Ascertained, in the same process, the practice of two or more infractions by the same physical or legal person, they cumulatively apply the feathers to them, if the infractions are not identical.

§ 1º Will be brought together in a single process the various autos or representations of continual infraction, for application of the penalty.

§ 2º Will be considered continued infractions when it comes to repetition of a lack yet unascertained or object of the process, of whose bringing the offender is unaware, by means of subpoena.

Art. 44. In the lack of payment of fine within thirty days, counted from science by the offender of the final decision that impinges the penalty, it will be carried out process.

Art. 45. The pecuniary importances resulting from the application of the fines provided for in this Interim Measure will revert to the ANTAQ in the form of the inciso V of the art's caput . 77 of the Act in the 10,233, of 2001.

CHAPTER VIII

OF THE NATIONAL PORT DREDGING PROGRAM

AND HYDROVIARIA II

Art. 46. It is established the National Programme of Port and Hydroviary Draging II, to be deployed by the Secretariat of Ports of the Presidency of the Republic and by the Ministry of Transport, in the respective areas of acting.

§ 1º The Program of which treats the caput covers, among other activities:

I-the works and services of dredging engineering for maintenance or extension of port and hydropathic areas, inclusive of navigation channels, basins of evolution and fundee, and berths of attrition, comprising the removal of the submerged material and the excavation or defeating of the berth;

II-the signalling and blization service, including the acquisition, installation, reposition, maintenance and modernization of nautical signals and equipment necessary to the hydropathies and access to ports and port terminals;

III-the environmental monitoring; and

IV-the management of the execution of the services and works.

§ 2º For the purposes of the Programme of which it treats the caput, consider:

I-dredging-works or engineering service consisting of cleaning, unobstruction, removal, defeating or excavation of material from the bottom of rivers, lakes, seas, bays and canals;

II-draga-specialized equipment coupled to the vessel or to the fixed, mobile or floating platform, used for execution of works or services of dredging;

III-dredged material-material taken out or dislocated from the bed of the water bodies arising from dredging activity and transferred to the dumping site authorized by the competent organ;

IV- dredging company-legal person who has per object the carrying out of the work or dredging service with the use or not of vessel; and

V-signalling and balization-nautical signals for the aid to navigation and transmission of information to the navigator, in such a way as to enable secure positioning of access and traffic.

Art. 47. The dredging by result comprises the contracting of engineering works aimed at the deepening, widening or expansion of port and hydropathic areas, inclusive of navigation channels, evolution basins and fundee and docking berths, as well as the signaling, balization, environmental monitoring and other services with the aim of maintaining the depth and safety conditions set out in the implanted project.

§ 1º The works or dredging services as a result will be able to contemplate more than one port, in a same contract, when that measure is more advantageous to the public administration.

§ 2º In the hiring of dredging by result, the provision of warranty is mandatory by the contractor.

§ 3º The duration of the contracts of which it treats this article will be up to ten years, imextendable.

§ 4º The hiring of the works and services under the National Dragonwork Programme Port and Hydroviary II will be able to be made by means of international tenders and use the Differentiated Regime of Public Contracts, of which it treats Law No. 12,462, of August 4, 2011.

§ 5º The public administration can hire company to manage and audit the services and contract works in the form of the caput.

Art. 48. The vessels intended for dredging are subject to the specific safety standards of navigation established by the Maritime Authority and do not submit to the provisions of Law No. 9,432 of January 8, 1997.

CHAPTER IX

FINAL AND TRANSITIONAL PROVISIONS

Art. 49. The tenancy agreements in force on the date of publication of this Provisional Measure shall remain beholstered by the deadlines in them established, and shall be bid at the minimum of twelve months ' time, counted from the date of their termination.

§ 1º In cases where the remaining term of the contract is less than eighteen months or in which the deadline is due, the ANTAQ is expected to promote bidding at no more than one hundred and eighty days, counted from the date of publication of this Measure Provisional.

§ 2º The prolongation of the contracts referred to in the caput, provided that it is expressly provided, shall be conditional on the revision of the contract values and the establishment of new minimum moving obligations and investments.

Art. 50. The terms of authorisation and the accession contracts in force shall be adapted to the provisions of this Provisional Measure, in particular to that provided for in the art. 8th.

Single paragraph. The ANTAQ should promote the adaptation of which it treats the caput within one year, counted from the date of publication of this Interim Measution.

Art. 51. The port facilities to which the caput of the art is concerned. 8º, located within the area of the organized port, will have ensured the continuity of their activities, observed the provisions of the art. 50.

Art. 52. The licitatory procedures for procurement of homologated dredging and the dredging contracts in force on the date of the publication of this Provisional Measure shall remain governed by the provisions of Law No. 11,610 of December 12, 2007.

Art. 53. Until the publication of the regulation provided for in this Provisional Measure, the rules for composition of the boards of the port authority and supervisory boards and directorates of the labor management bodies are kept.

Art. 54. The inadimplement, by the dealerships, leases, authoritative and port operators, in the pick-up of port fees and other financial obligations in the face of the port administration and the ANTAQ, makes it impossible for the delinquent to enter into or extend concession and lease agreements, as well as obtain new authorizations.

Single paragraph. The impediment foreseen in the caput also applies to legal persons, directly or indirectly, controllers, controlled, collated, or from common controller with the default.

Art. 55. The Doctoral Companies will observe simplified regulation for contracting services and procurement of goods, observed the constitutional principles of advertising, impersonality, morality, economicity and efficiency.

Art. 56. The Doctoral Companies will deal with the Office of the Ports of the Presidency of the Republic commitments of targets and business performance that they will establish, pursuant to the regulation:

I-goals, targets and results to be achieved, and deadlines for its achievement;

II-indicators and performance evaluation criteria; and

III-additional retribution by virtue of its fulfillment.

Art. 57. They are transferred to the Registry of Ports of the Presidency of the Republic the competences assigned to the Ministry of Transport and to the National Department of Transport Infrastructure-DNIT in general and specific laws concerning river ports and lacustres.

Art. 58. It shall apply in a subsidiary to the tenders for the granting of organized port and lease of port facility the provisions of Law No. 12,462, 2011, in Law No. 8,987 of February 13, 1995, and in Law No. 8,666 of June 21, 1993.

Art. 59. It shall apply in a subsidiary to this Provisional Measure the provisions of Law No. 10,233 of 2001, in particular with regard to the competences and assignments of the ANTAQ.

Art. 60. The Act in 10,233, 2001, goes on to invigorate with the following changes:

" Art. 13. Re-salvaged the provisions of specific legislation, the outorts referred to in the inciso I of the caput of the art. 12 will be carried out in the form of:

........................................................................................................................... " (NR)

" Art. 14. Re-salvaged the provisions of specific legislation, the provisions of the art. 13 applies as per the following guidelines:

..........................................................................................................................

III-depends on authorization:

.............................................................................................................................

c) the construction and operation of the port facilities of which it treats art. 8th of the Provisional Measure on the 595, of December 6, 2012.

..............................................................................................................................

f) ..........................................................................................................................

i) ............................................................................................................................

...................................................................................................................... " (NR)

" Art. 20. .........................................................................................................

I-implement, in their respective spheres of acting, the policies formulated by the National Council of Integration of Transport Policies, by the Ministry of Transport and the Office of the Ports of the Presidency of the Republic, in their respective areas of competence, under the principles and guidelines set forth in this Act;

........................................................................................................................ " (NR)

" Art. 21. The National Terrestrial Transportation Agency-ANTT and the National Transportation Agency Aquaviaries-ANTAQ, integral entities of the indirect federal administration, submitted to the special and linked municipal administration, are hereby established. respectively, to the Ministry of Transport and the Office of the Ports of the Presidency of the Republic, pursuant to this Act.

........................................................................................................................... " (NR)

" Art. 23. They constitute the acting sphere of the ANTAQ:

.....................................................................................................................................

II-the ports organized and the port facilities in them located;

III-the port facilities of which it treats art. 8th of the Provisional Measure No. 595, of December 6, 2012;

..................................................................................................................................

§ 1st A ANTAQ se will articulate with organs and entities of the administration, for resolution of the interfaces of aquaviary transport with the other modalities of transport, with the purpose of promoting the most economical and safe intermodal movement of people and goods.

.......................................................................................................................... " (NR)

" Art. 27. ...............................................................................................................

I-promoting specific studies of aquaviary transport demand and port activities;

.................................................................................................................................

III-propose to the Ministry of Transport the general plan of exploration outories of the aquavian infrastructure and the provision of aquaviary transport services;

IV-...........................................................................................................................

...................................................................................................................................

VII-promote the revisions and re-adjustments of the port fares, ensured to prior communication, in advance of a minimum of fifteen working days, to the granting power and to the Ministry of Finance;

....................................................................................................................................

XIV-establish standards and standards to be observed by administrations ports, concessionaires, tenants, authorised tenants and port operators, pursuant to Provisional Measure No. 595 of December 6, 2012;

XV-elaborate editions and instruments of convocation and promote the procedures of bidding and selection for the granting, tenancy or authorization of the holding of organized ports or port facilities, in accordance with the guidelines of the granting power, in obedience to the provisions of the Interim Measure No. 595, of December 6 of 2012;

XVI-comply and enforce the clauses and conditions of the arranged port concession contracts or of the leasing contracts of port facilities as to the maintenance and reposition of the goods and equipment reversible to the Union of which it treats the inciso VIII of the art's caput . 5th of the Provisional Measure No. 595 of December 6, 2012;

................................................................................................................................

XXII-scrutinizing the implementation of the contracts for accession of the port facility authorisations of which it treats art. 8º of the Provisional Measure No. 595, of December 6, 2012;

.....................................................................................................................................

XXV- celebrate acts of grant outoring for the exploitation of the aquavian infrastructure, by managing and scrutinizing the respective contracts and too much administrative instruments;

XXVI-scrutinize the execution of the concession contracts of organized port and port facility lease, in accordance with the provisions of the Interim Measure No. 595, of December 6, 2012.

§ ..................................................................................................................

II-participate in international forums, under the coordination of the Executive Power; and

...........................................................................................................................

§ 2nd ....................................................................................................... " (NR)

" Art. 33. Resurrecting the provisions of specific legislation, the acts of outwitting permission, granting or permission edited and entered into by ANTT and ANTAQ shall comply with the provisions of the Act No 8,987 of February 13, 1995 in subsections II, III, IV and V of this Section and in the supplementary regulations edited by the Agencies. " (NR)

" Art. 34-A. ..................................................................................................

§ 2nd the bidding edital will compulsorily indicate, re-salvaged the provisions of specific legislation:

........................................................................................................................ " (NR)

" Art. 35. The concession contract should faithfully reflect the conditions of the edital and the winning proposal and will have as essential clauses, re-salvaged the provisions of specific legislation, those relating to:

.......................................................................................................................... " (NR)

" Art. 43. The authorisation, resourced the provisions of specific legislation, will be heard under the guidelines laid down in the arts. 13 and 14 and present the following characteristics:

.................................................................................................................... " (NR)

" Art. 44. The authorisation, resourced the provisions of specific legislation, will be disciplined in a regulation of its own and will be heard upon a term that will indicate:

.................................................................................................................. " (NR)

" Art. 51-A. It is hereby assigned to the ANTAQ the supervisory competence of the activities developed by the port administrations organized, by the port operators and the leases or permataries of port facilities, observed the provisions of the Provisional Measure No. 595 of December 6, 2012.

§ 1º In the allocation cited in the caput , the administrations of the ports object of delegation of delegation concluded pursuant to Law No. 9,277 of May 10, 1996 are included.

§ 2º The ANTAQ will provide the Ministry of Transport or the Office of the Ports of the Presidency of the Republic every necessary support for the celebration of the delegation's decents. " (NR)

" Art. 56. ..........................................................................................................

Single paragraph. It is up to the Minister of State for Transport or the Minister of State Head of the Office of the Ports of the Presidency of the Republic, as the case may be, to institute the disciplinary administrative procedure, competing for the President of the Republic to determine the preventative remoteness, when it is the case, and utter the judgment. " (NR)

" Art. 67. The decisions of the Directors shall be taken by the vote of the absolute majority of its members, by the Directors of the Director General the quality vote, and shall be recorded in minutes.

Single paragraph. The dates, the paupers and the minutes of the Board meetings, as well as the documents that instruct them, are expected to be the subject of broad publicity, including via the internet, in the form of the regulation. " (NR)

" Art. 78. ANTT and ANTAQ will submit to the Ministry of Transport and the Office of the Ports of the Presidency of the Republic, respectively, their annual budget proposals, under the current legislation.

........................................................................................................................... " (NR)

" Art. 78-A. .............................................................................................................

§ 1º In the application of the sanctions referred to in the caput, the ANTAQ shall observe the provisions of the Provisional Measure no 595, of December 6, 2012.

§ 2º The application of the sanction provided for in the inciso IV of the caput, when it comes to the granting of organized port or leasing and authorization of port installation, will fit into the granting of the power of the granting, upon proposal of the ANTAQ. " (NR)

" Art. 81. .........................................................................................................

III-facilities and transshipment and intermodal interface lanes, except the port ones. " (NR)

" Art. 82. ...........................................................................................................

§ 2º In the exercise of the assignments provided for in this article and relating to waterways, the DNIT will observe the specific prerogatives of the maritime authority.

......................................................................................................................... " (NR)

Art. 61. The Law No. 10,683 of May 28, 2003, passes the following with the following amendments:

" Art. 24-A. The Ports Registry competes to directly and immediately advise the President of the Republic in formulating policies and guidelines for the development and fomenting of the port sector and marine, river and lindicter port facilities and, especially, promote the execution and evaluation of measures, programs and projects supporting the development of the infrastructure and the overstructure of the ports and marine port facilities, fluvial and lacustres.

............................................................................................................................

§ 2º ..................................................................................................................

III-the elaboration of the general plans of outorgas;

.........................................................................................................................

V-the development of the infrastructure and the aquavian superstructure of ports and facilities ports under its sphere of acting, with the purpose of promoting the safety and efficiency of the aquaviary transport of loads and passengers.

......................................................................................................................... " (NR)

" Art. 27. ..............................................................................................................

XXII- .................................................................................................................

a) national policy of rail, road and aquaviary transport;

b) navy merchant and waterways; and

c) participation in the coordination of aerodynamical transport.

...................................................................................................................... " (NR)

Art. 62. They shall be repealed:

I-the Law No. 8,630 of February 25, 1993;

II-the Law No. 11,610 of December 12, 2007;

III-the art. 21 of Law No. 11,314 of July 3, 2006;

IV-the art. 14 of Law No. 11,518 of September 5, 2007; and

V-the following devices of Law No. 10,233, of June 5, 2001:

a) the "g" and "h" of the inciso III of the art caput. 14;

b) the "a" and "b" points of the inciso III of the caput of the art. 27;

c) the inciso XXVII of the caput of the art. 27;

d) the § 3º and 4º of the art. 27; and

e) the inciso IV of the caput of the art. 81.

Art. 63. This Interim Measure takes effect on the date of its publication.

Brasilia, December 6, 2012; 191º of Independence and 124º of the Republic.

DILMA ROUSSEFF

Guido Mantega

Paulo Sérgio Oliveira Passos

Luís Inácio Lucena Adams

Cristino Leonidas