DECREE NO. 4,642, OF March 21, 2003.

Approves the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and of the Gratified Functions of the Ministry of Mines and Energy, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments that gives him the art. 84, incisos IV and VI, paragraph "a" of the Constitution, and with a view to the provisions of the arts. 47 and 50 of the Provisional Measure No. 103, 1º January 2003,

DECRETA:

Art. 1 ° Stay approved the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and Functions Gratified from the Ministry of Mines and Energy, in the form of the Annexes I and II to this Decree.

Art. 2 ° As a result of the provisions of the art.1º, stay remanded, in the form of Annex III to this Decree, the following Cargos in Commission of the Group-Direction and Higher Advising? DAS and Gratified Function-FG:

I-of the Management Office, of the Ministry of Planning, Budget and Management, for the Ministry of Mines and Energy, a FG-1; and

II-of the Ministry of Mines and Energy for the Office of Management, of the Ministry of Planning, Budget and Management, one of DAS 101.4; two DAS 101.3; four DAS 102.4; six DAS 102.3; and nine DAS 102.2.

Art. 3 ° The apostille arising from the approval of the Regimental Structure of which it treats 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, the Minister of State for Mines and Energy will make publishing in the Official Journal of the Union within thirty days of 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 positions, their denomination and their level.

Art. 4 ° The internal regiments of the organs of the Ministry of Mines and Energy shall be approved by the Minister of State and published in the Official Journal of the Union, within ninety days, counted from the date of publication of this Decree.

Art. 5 ° This Decree enters into vigour on the date of its publication.

Art. 6 ° It shall be repealed the Decree No. 3,404 of April 5, 2000.

Brasilia, March 21, 2003; 182º of Independence and 115 ° of the Republic.

LUIZ INACIO LULA DA SILVA

Dilma Vana Rousseff

Guido Mantega

ANNEX I

REGIMENTAL STRUCTURE

OF THE MINISTRY OF MINES AND ENERGY

CHAPTER I

DA NATURE AND COMPETENCE

Art. 1º The Ministry of Mines and Energy, the body of direct administration, has as an area of competence the following subjects:

I-geology, mineral and energy resources;

II-harnessing of hydraulic energy;

III-mining and metallurgy; and

IV-oil, fuel and electrical energy, inclusive nuclear.

Single paragraph. It is, still, up to the Ministry of Mines and Energy:

I-rural energization, agroenergy, inclusive rural electrification, when costed with resources tied to the National Electric System; and

II-ensure balance conjunctural and structural between the supply and demand of electric power in the Country.

CHAPTER II

OF THE ORGANIZATIONAL STRUCTURE

Art. 2º O Ministry of Mines and Energy has the following organizational structure:

I-bodies of direct and immediate assistance to the Minister of State:

a) Cabinet;

b) Executive Secretariat: Subsecretariat of Planning, Budget and Administration; and

c) Legal Consulting;

II-specific organs singular:

a) Registry of Mines and Metallurgy; and

b) Energy Registry:

1. National Department of Energy Policy; and

2. National Department of Energy Development;

III-linked entities:

a) authorities:

1. National Department of Mineral Production-DNPM;

2. National Petroleum Agency-ANP; and

3. National Energy Agency Electrical-ANEEL;

b) public companies:

1. Mineral Resource Research Company-CPRM;

2. Brazilian Emergencial Energy marketer-CBEE; and

c) mixed-economy societies:

1. Brazilian Oil S.A. -PETROBRAS; and

2. Brazilian Electrical Central S.A. -ELECTROBRÁS.

CHAPTER III

OF THE COMPETENCE OF THE ORGANS

Section I

From the Direct and Immediate Assistance Bodies to the Minister of State

Art. 3º To the Cabinet competes:

I-attend the Minister of State in his political and social representation, occupy himself from the Public relations and the prepares and dispatch of your personal expedient;

II-follow up the progress of the Ministry's interest projects, in tramway at the National Congress;

III-provide for the fulfillment of the consultations and the requirements formulated by the National Congress;

IV-provide for the official publication and disclosure of the matters related to the Ministry's area of acting; and

V-exercise others assignments that are committed to him by the Minister of State.

Art. 4º The Executive Secretariat competes:

I-attend the Minister of State in the supervision and coordination of the activities of the integral Secretaries of the structure of the Ministry and the entities to it linked;

II-supervise and coordinate the activities related to the federal planning and budgeting systems, of organization and administrative modernization, of accounting, financial administration, administration of information and informatics resources, of human resources and general services, within the Ministry;

III-coordinate, guide, supervise and consolidate the process of drafting the Investment Budget and the Global Dispendia Program of the entities linked to the Ministry, promoting the articulation of these agents with the central body of the Federal Planning and Budget System; and

IV-assist the Minister of State in the definition of the guidelines and the implementation of the policies and actions of the Ministry's area of competence.

Single paragraph. The Executive Secretariat exercises, still, the role of the sectoral body of the Civil Personnel Systems of the Federal Administration-SIPEC, of Organization and Administrative Modernization-SOMAD, of Administration of Information Resources and Informatics-SISP, of General Services-SISG, of Planning and Federal Budget, Federal Accounting and Federal Financial Administration, through the Undersecretariat of Planning, Budget and Administration to it subordinate.

Art. 5º To the Subsecretariat of Planning, Budget and Administration competes:

I-plan, coordinate and supervise the execution of the activities related to the federal planning and budget, organization and modernization systems administrative, accounting, financial administration, administration of information and informatics resources, administration of human resources and general services within the Ministry;

II-promoting articulation with the central body of the federal systems, referred to in the previous incisant, and inform and guide the organs of the Ministry as to the fulfilment of the established administrative standards;

III-orient and consolidate the formalization of the budget proposals of the Ministry and its linked entities, understanding the Fiscal Budget and the Social Security, compatibilizing them with the objectives, targets and allocation of resources, in compliance with the guidelines established by the central body of the Federal Planning and Budget System;

IV-promote the elaboration and consolidation of the plans and programs of the activities of their area of competence and submit them to the top decision;

V- follow up and promote the evaluation of projects and activities;

VI-develop the activities of budget, financial and accounting execution within the Ministry; and

VII-carry out intakes of the payers ' accounts of expense and too much responsible for public goods and values and of all the one that gives cause to loss, stray or other wrongdoing that results in damage to the erarium.

Art. 6º À Legal Consultancy competes:

I- advising the Minister of State on matters of a legal nature;

II-firming legal guidelines to the remaining administrative units of the Ministry of Mines and Energy, and to exercise the coordination of the legal bodies of the entities linked to the Ministry;

III-fix the interpretation of the Constitution, laws, treaties, and the remaining normative acts to be uniformly followed in their areas of acting and coordination, when there is no normative orientation of the Union Advocate;

IV-elaborate studies and prepare information, by request of the Minister of State;

V-assist the Minister of State in the internal control of the administrative legality of the acts to be by it practiced or already effective, and from those arising from organs or entities under their legal coordination;

VI-opinionate on acts to be submitted to the Minister of State, with views to administrative binding;

VII-elaboration, after manifestation of the legal unit of the organ or entity of origin, legal opinions on issues, doubts and conflicts, submitted to the Ministry's assessment, in the areas of its acting;

VIII-examine, prior and conclusively, within the Ministry:

a) the texts of bidding edital, as well as those of the respective congenneric contracts or instruments, to be published and celebrated;

b) the acts by which to go recognize the undemanding, or decide the dispensation, of bidding; and

c) the projects of laws, decree and, where necessary, other normative acts to be dispatted by the Ministry; and

IX-provide to the Advocacy-General of the Union legal grants for the judicial defences, in matters of interest of the Ministry.

Single paragraph. The Legal Consultancy, the administratively subordinate body to the Minister of State, still exercises the role of the sectoral organ of the Advocate General of the Union.

Section II

From the Singular Specific Bodies

Art. 7º To the Registry of Mines and Metallurgy competes:

I-formulate and coordinate the policy of the mineral-metallurgical sector, as well as accompany and superintender its execution;

II-overseeing the control and surveillance of mineral resource exploitation in the Country;

III-promoting and overseeing the execution of studies and geological surveys across the territory national;

IV-coordinate the collection and analysis of information on the evolution and performance:

a) of the exploitation and exploitation of mineral resources, in particular those concerning authorizations and concessions of mining rights; and

b) of the internal and external metallurgical and mineral sectors; and

V-promoting the development and use of clean and efficient technologies in the various segments of the Brazilian mineral sector.

Art. 8th To the Office of Energy competes:

I-elaborate studies and consolidate propositions with views to formulating national energy sector policies and guidelines, as well as coordinating, supervising and accompanying their execution, aiming to establish rationality in the consumption matrix of the diverse energy and to ensure the supply of the country's needs, from the availabilities of internal and external resources;

II-propose criteria for governmental support for the organization, expansion, modernization and increased efficiency and productivity of the energy sector, as well as its compatibilization with the environment;

III-coordinate the planning, at the strategic level, of the Brazilian energy development, in articulation with the objectives of the other national public policies;

IV-analyze, evaluate and follow up the demands of energy consumed on the national territory, as well as the costs stemming from the current consumption matrix and its alternatives;

V-promote and coordinate the maintenance of the national system of hydrometeorological measurements of the country's water resources, to meet the demands of data and information of the various entities involved or co-participants of their use and of their administration;

VI-promoting the execution of studies, research and technological development concerning energy resources, as well as the rational use of energy, in every national territory;

VII-coordinate and guide the deployment of mechanisms aimed at the development of the application of energy resources from new and renewable sources;

VIII- watch, technically and administratively, the National Energy Policy Council-CNPE, in matters of its acting area;

IX-establish and maintain the national energy information system;

X-elaboration and publicize the National Energy Balance; and

XI-coordinate the processes of energy integration and technical cooperation with other countries, aiming at national energy development.

Art. 9th To The Department National Energy Policy competes:

I-provide subsidies for the formulation of proposals of the national energy policy, by compatibilizing them with the country's remaining public policies;

II-coordinate the integrated energy development planning, formulating global policy guidelines for national and sectoral energy supply, observed aspects of environment, regional and integration with other countries;

III-coordinate the elaboration of national energy planning, guiding it to support the economic growth of the Country and the fulfillment of the basic social demands of the communities;

IV-elaboration of the Energy Matrix National, containing the policy guidelines and energy targets, for the short, medium and long term;

V-elaboration and continuously streamline the National Energy Balance, containing supply and demand statistics of energy;

VI-coordinating the national energy information system, ensuring free access to government bodies, investors and consumers; and

VII-supporting the work and studies to be carried out in the scope of the CNPE.

Art. 10. To the National Department of Energy Development competes:

I-plan, coordinate and promote activities that support the decision-making process concerning the energy development of the Country and its regions, in the short and the long deadlines, targeting economic growth and social development of all sections of society;

II-articulate partnerships between government, federal, state, municipal and private sector entities, aiming to analyze and formulating proposals for national energy development;

III-supporting state and regional energy development, collaborating for the equationing and solution of issues involved;

IV-promote, articulate and support the policy and energy development programs of regional under-development spaces;

V-support, at the federal and state levels, the permanent capacity-building of human resources in the area of energy development;

VI-planning and coordinating actions regarding the conservation and rational use of energy, as well as coordinating national conservation and rational use programs of electric energy and fuels;

VII-promoting and monitoring research and development programmes in the fields of production and energy use, encouraging the use of new and renewable energy sources; and

VIII-promoting, supporting and follow up with the programmes aimed at national energy development.

CHAPTER IV

OF THE ATTRIBUTIONS OF THE LEADERS

Section I

From the Executive Secretary

Art. 11. The Executive Secretary is to:

I-coordinate, consolidate and submit to the Minister of State the Ministry's overall plan of action;

II-supervise and evaluate the execution of the projects and activities of the Ministry;

III-supervising and coordinating the articulation of the organs of the Ministry with the central bodies of the systems, affections to the area of competence of the Executive Office; and

IV-exercise other assignments that they are committed to you by the Minister of State.

Section II

Of The Secretaries

Art. 12. To the Secretaries it is incumbent on planning, directing, coordinating, directing, monitoring and evaluating the execution of the activities of their respective units and to exercise the remaining assignments committed to them in internal regiment.

Section III

Of the remaining Leaders

Art. 13. To the Chief Minister's Office, the Legal Adviser, the Undersecretary, the Department Directors and the other leaders it is incumbent on planning, directing, coordinating and directing the implementation of the activities of the respective units and to exercise others assignments that are committed to them in their areas of competence.

CHAPTER V

OF THE GENERAL PROVISIONS

Art. 14. The internal regiments will define the detailing of the integral organs of the Regimental Structure, the competencies of the respective units and the assignments of their leaders.