DECREE NO. 4,039, OF December 3, 2001.

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

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, incisos IV and VI, paragraph "a" of the Constitution,

DECRETA:

Art. 1º Stay approved the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and the Gratified Functions of the Institute National of Metrology, Normalization and Industrial Quality-INMETRO, in the form of the Annexes I and II to this Decree.

Art. 2º On the basis of the provisions of the art. 1º, stay remanded, in the form of this article and of Annex III to this Decree, the following posts in committee of the Group-Direction and Advising Superiors-DAS and Gratified Functions-FG:

I-of the Registry of Management, of the Ministry of Planning, Budget and Management, coming from extinct organs of the Federal Public Administration, for the INMETRO, one DAS 101.4; three DAS 101.2; one DAS 102.1; a FG-1; and a FG-2; and

II-of the INMETRO for the Management Office, of the Ministry of Planning, Budget and Management, two DAS 101.3; one DAS 102.4; two DAS 102.2; and a FG-3.

Art. 3º The apostilings arising from the approval of the Regimental Structure of which it treats the art. 1º should occur within twenty days, counted from the date of publication of this Decree.

Single paragraph. After the apostilaments provided for in the caput of this article, the President of INMETRO will make publishing, in the Official Journal of the Union, within thirty days, counted from the date of publication of this Decree, nominal relation 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 posts, its denomination and its respective level.

Art. 4º 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. 5º This Decree enters in effect on the date of its publication.

Art. 6^th It is repealed Decree No. 3,370, of February 23, 2000.

Brasilia, December 3, 2001; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Sérgio Silva do Amaral

Martus Tavares

ANNEX I

REGIMENTAL STRUCTURE OF THE NATIONAL INSTITUTE OF METROLOGY, STANDARDIZATION AND INDUSTRIAL QUALITY? INMETRO

CHAPTER I

OF NATURE, HEADQUARTERS AND PURPOSE

Art. 1º The National Institute of Metrology, Normalization and Industrial Quality? INMETRO, federal municipality created by art. 4º of Law No. 5,966 of December 11, 1973, with registered office in Brasilia? DF, linked to the Ministry of Development, Industry and Foreign Trade, is the central executive body of the National Metrology System, Normalization and Industrial Quality? SINMETER, and have for purpose:

I? carry out national metrology and quality policies;

II? check the observance of technical and legal standards, with regard to units of measurement, measurement methods, materialized measures, measuring instruments and pre-medides;

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

IV? strengthen the country's participation in international activities related to metrology and quality, in addition to promoting exchanges with foreign and international entities and bodies;

V? provide technical and administrative support to the national board of metrology, Normalization and Industrial Quality? CONMETRO, as well as your advising committees, acting as your Secretariat-Executive;

VI? to foster the use of the quality management technique in Brazilian companies;

VII? Plan and execute the accreditation activities of calibration and testing laboratories, of proficiency test providers, of certification bodies, of inspection, training, and of others necessary to the development of the technological services infrastructure in the Country; and

VIII? coordinate, within the framework of SINMETRO, the compulsory and voluntary certification of products, processes, services and voluntary personal certification.

CHAPTER II

OF THE ORGANIZATIONAL STRUCTURE

Art. 2º The INMETRO has the following organizational structure:

I? direct and immediate assistance bodies to the President:

a) Cabinet;

b) Proculiaison-General;

c) Coordination-General Articulation International; and

d) Coordination General of Credentiation;

II? sectional bodies:

a) Internal Audit;

b) Coordination-General of planning; and

c) Board of Directors and finance;

III? singular specific organs:

a) Directorate of Quality;

b) Directorate of Scientific Metrology and Industrial;

c) Directorate of Legal Metrology;

d) Directorate of Institutional Affairs; and

IV? decentralized organs: Superintendency.

CHAPTER III

OF THE DIRECTION AND APPOINTMENT

Art. 3º THE INMETRO is administered by a President and five Directors.

Single paragraph. The President and the Directors shall be appointed by the President of the Republic, by appointment of the Minister of State for Development, Industry and Foreign Trade.

CHAPTER IV

OF THE COMPETENCIES OF THE ORGANS

Art. 4º Compete to the Cabinet:

I? attend the President on his social and political representation;

II? incumbent upon the preparation and dispatch of the personal expedient of the President of INMETRO;

III? to follow up on the tramping of the legal acts of interest of INMETRO;

IV? coordinate the social communication activities;

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

VI? exercise other assignments that are committed to you by the President of INMETRO.

Art. 5º To The Attorney General, the organ linked to the Advocate General of the union, compete:

I? exercise the judicial and extrajudicial representation of the INMETRO, acting on the processes in which Autarquia is author, defendant, opponent or assistant;

II? comply with and ensure compliance with the normative guidelines emanating from the central and sectoral bodies of the Advocate General of the union;

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

IV? examine, approve and draw up minutes of bidding editions, contract instruments, of congeniums and of other acts creators of rights and obligations, which should be celebrated by INMETRO;

V? analyze and present solutions on issues raised by the application of the laws and regulations concerning the activities developed by INMETRO;

VI? to examine and issue opinions on projects of normative acts to be dispatted or proposed by INMETRO, when they contain juridic matter; and

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

Art. 6º To the General Articulation Coordinator competes:

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

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

III? supervise and control the implementation of technical and exchange cooperation programs with international and foreign organizations, in the areas of metrology, standardization and industrial quality, inclusive for resource development humans;

IV? to propose, coordinate and follow up, in articulation with the various areas of INMETRO, the allocation of the indispensable resources to the fulfilment of international commitments; and

V? coordinate, within the framework of the INMETRO, the international, technical-commercial negotiations involving the areas of metrology, technical regulation and quality.

Art. 7º To the Credential Coordinator compete to plan, direct, guide, coordinate, and execute the accreditation activities and, specifically:

I? act as an accreditation body of certification bodies, inspection, performance verification, training and proficiency testing provider, as well as accreditation organ of calibration and testing laboratories and of others organisms necessary for the development of the technological services infrastructure in the Country;

II? coordinate the international and regional recognition actions related to accreditation activities; and

III? participate in international and regional forums related to accreditation activities.

Art. 8º The Internal Audit competes to verify compliance, the prevailing standards, of the procedures of budgetary, accounting, financial, equity and human resources, as well as, when determined by the President, the verification of suitability between the means employed and the results achieved and, specifically:

I? create indispensable conditions for ensuring effectiveness in internal and external controls, seeking to ensure regularity in the achievement of revenue and expense;

II? examine the specific legislation and correlative standards, orienting as to their observance;

III? promote regular inspections in the INMETRO Acting Areas, to check the physique and financial execution of the projects and activities, including those performed by third parties;

IV? conduct financial, accounting and administrative audits, for the purpose of assessing and certifying the correctness and regularity of the accounts and to substantiate the efficiency and effectiveness in the application of Autarquia's resources; and

V? carry out extraordinary, draft-specific audits which, in the interest of the Administration, will come to be determined by the President.

Art. 9º To The Planning-General of Planning competes:

I? coordinating, directing, overseeing, promoting, monitoring and evaluating the execution of the activities related to the Federal, Organization and Administrative Modernization Systems Planning, and Administration of the Resources of Information and Informatics in the framework of INMETRO;

II? obtain, in articulation with the relevant areas of the Government, the allocation of the budget resources necessary for the fulfillment of the institutional mission in the Autarquia and coordinate the elaboration of its budget proposal;

III? conduct studies on the organizational development and administrative modernization of the Autarquia;

IV? coordinate the strategic planning process;

V? provide advising to the Autarquia Directorships in the plating and gerelation of their activities;

VI? coordinate and execute the information technology activities of the Autarquia;

VII? follow up and evaluate the performance of the activities of the INMETRO; and

VIII? plan, coordinate and monitor the information system, with views to support Autarquia's decision-making process.

Art. 10. To the Board of Directors and Finance compete to plan, coordinate, direct, supervise, promote, follow up and evaluate the execution of the actions concernin to the Civil Personnel Systems Administration, General Services, Administration Financial, Human Resources and Federal Accounting, within the framework of the INMETRO.

Art. 11. The Quality Directorate competes to plan, drive, guide, coordinate and execute the conformity assessment activities and specifically:

I? articulate themselves with the different segments of society, objecting to and prioritizing the demands for Conformity Assessment Programs;

II? coordinate the definition of the Model (certification, supplier declaration, labeling or inspection), development, deployment and follow-up of the different Aviation Programs of compliance, within the framework of the SINMETRO;

III? promote actions to scrutinize and verify the conformity of products, processes and services to the relevant technical standards and regulations;

IV? guide and educate the different segments of society on the issues linked to conformity assessment, quality and relation to consumption;

V? encouraging the development of national standardization; and

VI? draw up technical regulations in the area of quality.

Art. 12. The Directorate of Scientific and Industrial Metrology competes in planning, directing, coordinating and overseeing the execution of the activities in the framework of basic metrology and, specifically:

I? realizes, reproduce, maintain, conserve, and track the national standards of the units of measurement;

II? referencing, directly or indirectly, the national standards to the international ones;

III? disseminate the units so Unit internationalde Unit? SI, its multiples and submultiples, by means of appropriate metrological methodologies;

IV? provide metrological traceability to the standards of the various laboratories in the Country;

V? to develop scientific and technological research concerning metrology;

VI? to provide services of a metrological nature, in addition to coordinating and overseeing the provision of these services, when executed by entities specifically convened for this purpose;

VII? provide support to the areas of legal metrology, quality and accreditation, in the framework of basic metrology;

VIII? participate in the international and regional forums for scientific and industrial metrology activities;

IX? coordinate the international recognition actions related to the standardization of SI units; and

X? disseminate the knowledge of metrological science to society.

Art. 13. To the Directorate of Legal Metrology compete to guide, plan, direct, coordinate, control and promote the execution of activities within the framework of legal metrology, propose technical regulations projects and, specifically:

I? to propose programs for training and enhancement of human resources in legal metrology;

II? specify the requirements that models of materialized measurements and measuring instrument should fill, examining them, defining them and approving them;

III? enunciate the requirements and specifications that pre-measured products must satisfy;

IV? approve and supervise the programming of the activities to be developed by the executors body of the operational metrology activities;

V? to establish the specifications of equipment, standards and instations to be used by the executor bodies of the operational metrology activities; and

VI? participate in the international and regional forums related to the activities of Legal Metrology.

Art. 14 To the Directorate of Institutional Affairs competes:

I? coordinate, plan, drive, promote and carry out the technological information activities;

II? coordinate the internal Quality System of the INMETRO;

III? coordinate and supervise the ouvidory activities of the INMETRO; and

IV? provide technical-administrative support to the President of INMETRO in the capacity of CONMETRO's Executive Secretary.

Art. 15. The Superintendence competes the decentralized execution of the activities of the INMETRO, in their respective regions, in compliance with the guidelines and determinations emanating from the President of INMETRO.

CHAPTER V

OF THE ATTRIBUTIONS OF THE LEADERS

Art. 16. To the President of the INMETRO incumbent:

I? administer the INMETRO and practise all acts of operational, budgetary and financial management, authorizing expenses and ordering the respective payments;

II? represent the INMETRO in judgment or outside of it, and may delegate this attribution;

III? to supervise and coordinate the activities of the integral ogers of the INMETRO Regresmental Structure;

IV? account for accounts of its management to the Union Accounts Tribune;

V? to regulate the subjects pertinent to INMETRO's competences and activities;

VI? appoint effective officeholders;

VII-grant retirement to the servers that she has made jus;

VIII? avocate, for decision or review, matters inherent in the integral organs of the INMETRO Regresmental Structure, without prejudice to the continuity of the exercise, by the same organs, of the attributions therein;

IX? firming, as the legal representative of INMETRO, contracts, arrangements, agreements, adjustments and other similar trading acts, and may delegate this assignment; and

X? delegating any of your assignments, save those which, by their very nature or by legal vedness, can only be by it implemented privately.

Art. 17. To the Rights, the Attorney General, the Auditor-in-Chief, the Coordinators-General, the Chief of Staff and the remaining INMETRO leaders is incumbent on planning, directing and coordinating the execution of the activities affected to their respective units and to exercise others assignments that are committed to them by the President.

CHAPTER VI

GENERAL AND TRANSITIONAL PROVISIONS

Art. 18. The President of the INMETRO will be replaced, in his impediments and legal departments, by one of the Directors of the Autarquia, designated by the Minister of State for Development, Industry and Foreign Trade.

Art.19. 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, Industrial and Foreign Trade.

ANNEX II