DECREE NO. 5,776, OF May 12, 2006.

Approves the Regimental Structure and the Demonstrative Frame of the Cargos in Commission and of the Gratified Functions of the Ministry of the Environment, and gives other arrangements.

The PRESIDENT OF THE FEDERAL SENATE, in the exercise of the office of President of the Republic, using the assignments that confers the art. 84, incisments IV and VI, paragraph (a?) of the Constitution, and with a view to the provisions of the Act No 10,683 of May 28, 2003,

DECRETA:

Art. 1º Ficam approved a Regimental Structure and the Demonstrative Framework of the Cargos in Commission and Gratified Functions of the Ministry of the Environment, in the form of the Annexes I and II to this Decree.

Art. 2º On the grounds of the provisions of the art. 1st, stay remanded, in the form of Annex III to this Decree, the following posts in committee of the Group-Direction and Higher Advising:

I-of the Office of Management, of the Ministry of Planning, Budget and Management, for the Ministry of the Environment: a DAS 101.6; ten DAS 101.5; eighteen DAS 101.4; two DAS 101.3; two of the 101.2; four DAS 101.1; one DAS 102.4; nine DAS 102.3; seven DAS 102.2; and five DAS 102.1; and

II-from the Ministry of the Environment to the Registry of Management, of the Ministry of Planning, Budget and Management: a DAS 102.5.

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

Paragraph single. After the apostilaments provided for in the caput, the Minister of State for the Environment will make the publication, 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, their denomination and their respective level.

Art. 4º The internal regiment of the Ministry of the Environment will be approved by the Minister of State and published in the Official Journal of the Union, within ninety days, counted of the date of publication of this Decree.

Art. 5º This Decree comes into force on the date of its publication, producing effects as of May 17, 2006.

Art. 6º Stay repealed the Decree no 4,755, June 20, 2003.

Brasilia, May 12, 2006; 185º of Independence and 118º of the Republic.

RENAN CALHEIROS

Paulo Bernardo Silva

Marina Silva

ANNEX I

REGIMENTAL STRUCTURE OF THE MINISTRY OF THE ENVIRONMENT

CHAPTER I

OF THE NATURE AND COMPETENCE

Art. 1st The Ministry of the Environment, the body of the direct federal administration, has as an area of competence the following subjects:

I-national politics of the environment and water resources;

II-policy of preservation, conservation and sustainable utilization of ecosystems, and biodiversity and forests;

III-proposition of strategies, mechanisms and economic and social instruments for quality improvement environmental and the sustainable use of natural resources;

IV-policies for the integration of the environment and production;

V-policies and environmental programs for the Legal Amazonia; e

VI-ecological-economic zoning.

CHAPTER II

OF THE ORGANIZATIONAL STRUCTURE

Art. 2nd The Ministry of the Environment has the following organizational structure:

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

a) Cabinet;

b)-Executive Secretariat:

1. Subsecretion of Planning, Budget and Administration;

2. Department of Strategic Management; and

3. Department of Institutional articulation;

c) Advisory of International Affairs; e

d) Legal Consultancy;

II-specific organ-specific organs:

a) Environmental Quality Registry;

b) Registry of Biodiversity and Forests: Department of Genetic Heritage;

c) Registry of Water Resources;

d) Registry of Policies for Sustainable Development;

e) Coordination Office of the Amazon; and

f) Brazilian forest service-SFB;

III-collegiated organs:

a) National Environment Council-CONAMA;

b) National Council of the Amazonian Legal-CONAMAZ;

c) National Council of Water Resources;

d) Deliberative Council of the National Environment Fund;

e) Board of Management of Genetic Heritage; and

f) Public Forests Management Commission; and

IV-linked entities:

a) authorities:

1. National Agency of Waters-ANA;

2. Brazilian Institute of the Environment and Renewable Natural Resources-IBAMA; and

3. Institute of Research Gardens Botanical Garden of Rio de Janeiro-JBRJ; and

b) public company: Barcarena Development Company-CODEBAR.

CHAPTER III

DAS COMPETENCIES OF THE ORGANS

Section I

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

Art. 3rd To the Cabinet competes:

I-watch the Minister of State in his representation political and social, occupy yourself with the public relations and the preparer, dispatch and control of your expedient;

II-keep track of the progress of the Ministry's interest projects, in tramway in the National Congress;

III-arrange for the official publication and dissemination of the subjects related to the acting area of the Ministry;

IV-exercise the media activities concerning the achievements of the Ministry and its linked entities; and

V-assist the Minister of State in the performance of his duties as a member of collegiate bodies of superior deliberation.

Art. 4th To the Executive Secretariat competes:

I-attend the Minister of State in the definition of the guidelines and the implementation of the actions of the Ministry's area of competence;

II- assist the Minister of State in the supervision, coordination, monitoring and evaluation of the activities of the integral Secretaries of the Ministry's structure and in the supervision of the entities to it linked;

III-promote intra-and inter-governmental articulation, aiming at the implementation of the environmental agenda and the identification of articulation mechanisms specific to the public policies of environment;

IV-supervise, coordinate and consolidate the drafting of the guidelines, standards, plans and budgets regarding annual and multi-annual plans of the Ministry;

V-supervise, follow up and evaluate the plans, programs and actions of the Ministry;

VI-coordinate the process of capturing the resources of international and foreign sources;

VII-supervising and coordinating programmes with funding from international bodies and foreigners, the implementation of the international agreements and the execution of the convents and the national and international technical cooperation projects;

VIII-supervise the elaboration and follow up with the fulfillment of the targets set out in the management contracts signed with the Ministry;

IX-overseeing and coordinating the activities of the National Environment Fund;

X-elaboration, coordinate and follow up on the implementation of the National Environmental Education Policy;

XI-exert the activities of CONAMA's executive secretariat, providing you with support technical-operational; and

XII-exercise other skills that are committed to you by the Minister of State.

Single paragraph. The Executive Secretariat exercises, still, the role of the sectoral body of the Civil Personnel Systems of the Federal Administration-SIPEC, of Administration of Information Resources and Informatics-SISP, of General Services-SISG, of Planning and of Federal budget, Federal Financial Administration and Federal Accounting Office, through the Undersecretariat of Planning, Budget and Administration and the Department of Strategic Management, units to it subordinates.

Art. 5th To The Subsecretariat of Planning, Budget and Administration competes:

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

II-promote the articulation with the central bodies of the federal systems referred to in the inciso I and inform and guide the related bodies and entities of the Ministry as to the fulfilment of the established administrative standards;

III-coordinate, follow up, and promote the elaboration and consolidation of the plans and programs of the activities of its area of competence, their budgets and changes, and submit them to the top decision;

IV -develop the budgeting, financial and accounting execution activities, within the Ministry;

V-carry out taken care of the expense payers and too many responsible for public goods and values and of all the one that gives cause to loss, stray or irregularity that results in damage to the erarium;

VI-plan, coordinate, and supervise the activities of administration and human resource development of the Ministry;

VII-implement information systems required to the actions of the Ministry;

VIII-plan and define standards, guidelines, standards and procedures related to the administration of information and contracting resources of computer goods and services, within the framework of the Ministry's bodies and entities;

IX-promote the implementation of managerial information technology; and

X-perform other activities that are assigned to it in the area of your acting.

Art. 6th To the Department of Strategic Management competes:

I-plan and coordinate, within the Ministry's framework, the execution of the related activities with the federal planning system, as well as the activities of organization and administrative modernization;

II-coordinate the elaboration and consolidation of the annual and multi-annual plans and programs of the Ministry's finalistic activities, and submit them to the superior consideration;

III-coordinate the follow-up actions and evaluation of the implementation of the annual and multiannual plans and programmes of the Ministry;

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

V-coordinate, in articulation with the Sub-Secretariat of Planning, Budget and Administration and the remaining units of the Ministry, the development and the deployment of Ministry's managerial information system, aiming to subsidize decision making, the monitoring and evaluation of their projects and activities and ensuring that this system can feed the information systems of the organs management central;

VI-propose and implement voltage actions for the improvement of the organization and management of the various areas and units of the Ministry, especially in the systematization, standardization and deployment of their work processes;

VII-coordinate the elaboration of the Ministry's annual management reports, addressing de to propitiate greater transparency with the society at large; and

VIII -perform other activities that are assigned to you in the area of your acting.

Art. 7th To The Department of Institutional articulation competes:

I-promoting the articulation and intra-and inter-governmental integration of actions directed at the implementation of public environment policies and the construction of bilateral or multilateral agendas in the areas of responsibility of the Ministry;

II-develop articulation with the federal spheres, state and municipal and nongovernmental organizations, on legislative matters of interest of the Ministry and its linked entities;

III-articular and harmonize the actuation of the units of the Ministry and of the linked entities in the collegiate bodies;

IV-coordinate, in articulation with the Ministry's Secretaries and the linked entities, the process of elaboration and proposition of programs and projects of international technical cooperation;

V-support the Advisory of International Affairs in the negotiations with the international bodies, entities and foreign governments, of the programs and international technical cooperation projects;

VI-promoting the institutional articulation for the implementation of the process of decentralization and division of competences between the three levels of government;

VII-formulate and implement strategies and mechanisms of institutional strengthening of the organs and entities that make up the National Middle East System Environment-SISNAMA;

VIII-managing the National System of Information on Environment-SINIMA; and

IX-run other activities that are assigned to him in the area of his acting.

Art. 8th To the Advisory of International Affairs competes:

I-advise the Minister of State, the Secretary-General's Office and the entities bound in the matters related to international cooperation in the areas of competence of the Ministry;

II-coordinate, guide and subsidize the participation of the Ministry in international forums dealing with issues concerning the environment and the water resources;

III-acting as an interlocutor of the Ministry and of its entities bound together with the Ministry of Foreign Affairs;

IV-articulate and negotiate with the international bodies, entities and foreign governments support for programs and projects related to the National Environment and Water Resources Policy;

V-supervise and follow up on the implementation of international agreements and conventions ratified by Brazil in the area of competence of the Ministry; and

VI-perform other activities that are committed to you in the area of your acting.

Art. 9th To Legal Advice, the sectoral body of the Advocacy-General of the Union, competes:

I-advise the Minister of State in matters of a legal nature;

II-exercise the coordination and technical guidance of the legal activities of 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 General;

IV-elaborated, after manifestation of the legal unit of the organ or entity of origin, legal opinions on issues, doubts or conflicts, submitted to the examination of the Ministry, in matters concerning its competence;

V-opinionate on acts to be submitted to the Minister of State with views to administrative linking;

VI-elaborating studies and preparing information, by request of the Minister of State;

VII-assist the Minister of State in the internal control of the acts administrative to be implemented or already effective, and of those arising from organ or entity under their legal coordination;

VIII-examine preview and conclusively, within the Ministry's scope:

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

b) the acts by the which one is going to recognize the unchargeability, or decide the bidding dispensation; and

c) the projects of law, decree and, where necessary, other normative acts dispatred by the Ministry; and

IX-provide the linked legal units and the Advocate-General of the Union legal subsidies to be used in the judicial defences and administrative matters in the interest of the Ministry.

Section II

Of the Singular Specific Organs

Art. 10. The Environmental Quality Registry competes:

I-propose policies and standards and define strategies in the themes related to:

a) the urban environmental policy;

b) the environmental management urban of the coastal areas;

c) the different forms of pollution, environmental degradation and environmental risks;

d) the damaging waste to health and to the environment;

and) the assessment of impacts environmental and environmental licensing;

f) the monitoring of the quality of the environment;

g) the development of new environmental management instruments; and

h) the development of environmentally appropriate energy matrix;

II-propose, coordinate and implement programs and projects in your area of competence;

III-follow up and technically evaluate the execution of projects in the area of their competency;

IV-formulate, propose, and implement prevention and service policies the environmental emergency situation;

V-coordinate the actions of the Ministry related to climate change;

VI-coordinate the Brazilian participation in the activities related to the Intergovernmental Chemistry of Chemical Safety;

VII-promoting the technical and scientific cooperation with national and international entities in the area of their competence;

VIII-coordinate and execute the public policies arising from the international agreements and conventions ratified by Brazil in the area of its competency;

IX-develop studies and related projects with the preservation of the environment and recovery of environmental damage caused by the activities of the oil industry; and

X-perform other activities that are assigned to you in the area of your acting.

Art. 11. The Office of Biodiversity and Forests competes:

I-propose policies and norms and define strategies, considering the various Brazilian biomes, in the themes related to:

a) the promotion of knowledge, conservation, valorisation and sustainable use of biodiversity and genetic heritage;

b) the protection, valorization, and conservation of traditional knowledge associated with biodiversity and genetic heritage;

c) a regulation and monitoring of the access and shipment of components of the genetic heritage and the fair and eequitative apportionment of the benefits derived from its use;

d) the regulation and monitoring of access to the associated traditional knowledge and the fair and eequitative allocation of the benefits arising from their use;

and) the protection and recovery of species of flora, of the fauna and microorganisms threatened with extinction;

f) the promotion of the sustainable use of fauna and fisheries resources;

g) a deployment of forest planties and agroforestry systems on sustainable bases;

h) the promotion of the recovery of degraded areas and restoration of ecosystems;

i) the sustainable manhandling of native forests for the generation of loggers and non-loggers and for the valorisation of environmental services provided by forests;

j) the promotion of biosafeness of genetically modified organisms and the control of invasive exotic species;

l) the promotion of conservation and sustainable use of biodiversity in indigenous lands and of quilombolas communities;

m) the support for bioprospecting and the development of bioproducts and other forms of socio-economic use of biodiversity and ecosystems; and

n) the forest protection, including the prevention and control of burnished, of forest fires, demaitements and other forms of habitat destruction;

II-propose, coordinate, and implement programs and projects in your area of competence;

III-track and evaluate technically the execution of projects in your area of acting;

IV-subsidize the National Technical Committee on Biosafeing- CNTBio, in the formulation of biosafemal related policies and standards, particularly with regard to genetically modified organisms and invasive species;

V-coordinate the magnification and consolidation of the National System of Conservation Units and other modalities of specially protected areas;

VI- monitor and assess the impact of climate change on biodiversity by forecasting and fostering preventive and mitigating measures;

VII-promoting technical and scientific cooperation with national and international entities in the area of their competence;

VIII-coordinate and execute the public policies arising from the agreements and conventions international ratified by Brazil in its area of competence; and

IX-perform other activities that are assigned to you in the area of your acting.

Single paragraph. It will still be up to the Office of Biodiversity and Forests, in the fisheries-related aspects, for the exercise of the competence of which it treats the § 6th of the art. 27 of the Law no 10,683, of May 28, 2003:

I-set the standards, criteria and patterns of use for overblown or threatened species of overexploitation, including marine mammals, based on the best existing scientific data, exceeding highly migratory species, thus defined, as per the United Nations Convention on the Rights of the Sea; and

II-subsidize, advise and participate, together with the Special Office of Acquiculture and Fisheries of the Presidency of the Republic, in interaction with the Ministry of Foreign Affairs, of negotiations and events involving the commitment of rights and interference in national interests over fishing.

Art. 12. To the Department of Genetic Heritage compete to exercise the assignments established in art. 7th of the Decree no 3,945, of September 28, 2001.

Art. 13. To the Registry of Water Resources competes:

I-propose to formulation of the National Policy of Water Resources, as well as to monitor and monitor its implementation, pursuant to the Act no 9,433, of January 8, 1997, and of the Law no 9,984, of July 17, 2000;

II-propose policies, plans, and norms and define strategies in the related themes with:

a) the integrated management of the sustainable multiple use of the water resources;

b) the management of cross-border waters;

c) the management of water resources in international forums; and

d) the deployment of the National Resource Management System Water;

III-coordinate the elaboration and auxiliary in the monitoring of the implementation of the National Plan of Water Resources;

IV-coordinate, in its sphere of competence, the elaboration of national plans, programs and projects, referring to groundwater, and monitor the development of its actions, within the principle of integrated resource management water;

V-propose the formulation of the National Policy of Combating Desertification in accordance with the pre-established guidelines by the Ministry and the commitments of the United Nations Convention for the Combat to Desertification;

VI-promoting the integration of water resource management with environmental management;

VII-propose, coordinate and implement programs and projects in your area of competence;

VIII-follow up and technically evaluate the execution of projects in your area of acting;

IX-monitor the operation of the National System of Water Resource Management;

X-plan actions aimed at preventing or minimizing the effects of droughts and floods within the framework of the National Water Resources Management System;

XI-develop supporting actions to states, in the implementation of the State System of Water Resource Management and in the deployment of the Policy State of Water Resources;

XII-develop supporting actions to the constitution of the Hydrographic Basin Committees;

XIII- promote, in articulation with state, federal and international bodies and entities, the technical studies related to water resources and propose the forwarding of solutions;

XIV-promoting technical and scientific cooperation with national and international entities in the area of its competence;

XV-coordinate and execute the public policies arising out of the international agreements and conventions ratified by Brazil in the area of its competence;

XVI-providing technical support to the Minister of State in monitoring the fulfilment of the targets set out in the management contract concluded between the Ministry and ANA and other management agreements relating to water resources;

XVII-exercise the function of executive secretariat of the National Council of Water Resources; and

XVIII-perform other activities that are assigned to you in the area of your acting.

Art. 14. To the Secretariat of Policies for Sustainable Development competes:

I-propose policies, standards and strategies and promote studies, aiming at sustainable development, in the themes related to:

a) the international trade and environment;

b) the economic instruments for environmental protection;

c) the foment to sustainable development;

d) the management and environmental planning of the territory;

e) the management and monitoring of the coastal areas;

f) the accounting and economic valorisation of natural resources and remuneration of environmental services;

g) the development of sustainable ecomercings and business;

h) the tax incentives, tributaries, and receivables;

i) the sustainable production and consumption patterns;

j) the adoption by the companies and public bodies of voluntary codes of conduct and of environmentally appropriate technologies; and

l) the ecotourism;

II-coordinate and follow up on the implementation of the Brazilian Agenda 21 and stimulate the implementation of Agendas 21 local and regional;

III -coordinate the elaboration of the Economic Ecological Zoning-EEZ on the national territory and promote the ZEE of the federation's units;

IV-promote the adoption of sustainable technologies, especially in the activities related to agriculture, agroextractivism and agroindustry and their productive chains;

V-promote the development of products and processes derived from genetic resources of biodiversity, from bioprospecting and the technical-economic characterization of productive chains;

VI-elaborating studies and market diagnostics and project profiles, as an instrument of induction, support and guidance to potential investors interested in the environmental area;

VII-fostering management environmental and sustainable development together with traditional populations, indigenous peoples, rural settlements and too many family producers;

VIII-propose economic policies and instruments to regulate the carbon market (MDL);

IX-propose, coordinate, and implement programs and projects in your area of competence;

X-follow up and technically evaluate the execution of projects in your acting area;

XI-promoting the development of environmental statistics and indicators of sustainable development;

XII-promoting technical and scientific cooperation with national and international entities in the area of their competence;

XIII-coordinate and execute the public policies arising from the international agreements and conventions ratified by Brazil in the area of its competency; and

XIV-perform other activities that are to you attributed in the area of his acting.

Art. 15. The Amazon Coordination Office competes:

I-promote the articulation of the actions of the Ministry related to Amazonia;

II-coordinate the actions of the Ministry in the framework of the Sustainable Amazonian Plan-PAS;

III-exercise the activities of the executive secretariat of the CONAMAZ;

IV-coordinate, articulate and follow up on the implementation of the Pilot Program for the Protection of Tropical Forests of Brazil; and

V-exert other activities that are assigned to you in the area of your acting.

Art. 16. The Brazilian Forest Service-SFB competes:

I-exercise the manager organ function provided for in the art. 53 of the Act No 11,284 of March 2, 2006, in the federal scope;

II-manage the National Forest Development Fund;

III- support the creation and management of training, capacity-building, research and technical assistance programs for the implementation of forest activities, including forest manhandling, forest product processing, and forest service exploitation;

IV-stimulate and foster the practice of forest activities sustainable logging, non-logging, and services;

V- promote market studies for products and services generated by forests;

VI-propose sustainable forest production plans, in a way compatible with the demands of society;

VII-create and maintain the National Forest Information System integrated into the National Environment Information System;

VIII-establish and manage the National Forest Inventory;

IX-manage the National Forest Cadet of Public Forests, organize and keep up to date the Cadastro-General of Union Public Forests, and adopt arrangements to interconnect the state and municipal cadasters to the National Cadastro; and

X-support and act in partnership with your state and municipal congeners.

§ First decisions regarding the competences of the SFB are taken on a collegiate basis by the Director Council, formed by a Director-General and four Directors.

§ 2nd the legal advising unit of the SFB, of which treats the art. 57 of the Law no 11,284, 2006, links to the Legal Consultancy of the Ministry of the Environment, in the terms of the art. 11, inciso II, of the Supplemental Law no 73, of February 10, 1993.

Section III

Of The Collegiated Bodies

Art. 17. To the CONAMA it is up to exercise the competences of which it treats the Law no 6,938, of August 31, 1981.

Art. 18. To the CONAMAZ it is up to exercise the competencies specified in the Decree no 1,541, of June 27, 1995.

Art. 19. To the National Board of Water Resources it is to exercise the competences set out in the art. 35 of the Act in the 9,433, from 1997.

Art. 20. The Deliberative Council of the National Environment Fund competes in judging projects aimed at the rational and sustainable use of natural resources, including the maintenance, improvement and recovery of environmental quality, in the sense of raising the quality of life of the Brazilian population.

Art. 21. To the Board of Management of Genetic Heritage it is up to you to exercise the competencies established in art. 11 of the Provisional Measure no 2.186-16, of August 23, 2001, and in the Decree no 3,945, of September 28, 2001.

Art. 22. The Public Forests Management Commission competes to exercise the competencies set out in the Law no 11,284, March 2, 2006.

CHAPTER IV

DAS LEADERS' ATTRIBUTIONS

Section I

Do Executive Secretary

Art. 23. The Executive Secretary is incumbent on:

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

II-supervise and evaluate the implementation of the Ministry's programs and activities;

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 Secretariat-Executive;

IV-overseeing the functions of executive secretariat of the Fund Deliberative Council National of the Environment-FNMA;

V-overseeing the functions of CONAMA's executive branch-executive; and

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

Section II

Dos Secretaries and Directors

Art. 24. To the Secretaries, to the Undersecretary, the Department Directors, the Director General of the SFB and the Directors it is incumbent on planning, directing, coordinating, directing, monitoring and evaluating the implementation of the activities of the organs of their respective Secretaries, Undersecretaries, Departments and Service and exercise other assignments that are committed to them in internal regiment.

Section III

From the rest Leaders

Art. 25. To the Chief Minister's Office, to the Legal Adviser and the remaining leaders it is incumbent on planning, directing, coordinating and directing the implementation of the activities of the respective units and to exercise other assignments that are committed to them, in their respective areas of competence.

CHAPTER V

OF THE GENERAL PROVISIONS

Art. 26. The internal regiments, approved by the Minister of State, will define the detailing of the integral bodies of the Regimental Structure, the competences of the respective units and the assignments of their leaders, including from the SFB.

ANNEX II

a) DEMONSTRATIVE FRAME OF THE POSTS IN COMMITTEE AND OF THE GRATIFIED FUNCTIONS OF THE MINISTRY OF THE ENVIRONMENT.