PROVISIONAL MEASURE NO. 1.949-31, OF December 14, 2000.

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

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers it 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 will be aimed at, exclusively, allowing 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 laid down therein, may vary between the minimum of ninety days and the maximum of three years, with possibility of prolongation for equal period;

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

IV-the fines that can be applied to the compromised physical or legal person and the cases of termination, in the wake of non-compliance of the obligations in it paced;

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

VI-the competent venue to direct disputes between the parts.

§ 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, considered effective or potentially polluting, the signing of the term of commitment shall be required by the interested physical and legal persons, until the December 31, 1998, upon 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 requirement set out in the preceding paragraph and as long as the duration of the corresponding term of commitment is to be effective, will be suspended, in relation to the facts that have given cause to the celebration of the instrument, the application of administrative sanctions against the physical or legal person that the firm has firmed up.

§ 4º The conclusion of the term of commitment of which treats this article does not prevent the execution of any fines imposed before the protocolisation of the application.

§ 5º It is considered to be fully resident the 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 protocolisation of the application.

§ 7º The application for 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 shall be published in the relevant official body, upon excerpt.? (NR)

Art. 2º Ficam convalidated the acts practiced on the basis of the Interim Measymeasure No. 1.949-30, of November 16, 2000.

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

Brasilia, December 14, 2000; 179º of Independence and 112º of the Republic.

FERNANDO HENRIQUE CARDOSO

José Sarney Filho