DECREE NO. 4,721, OF June 5, 2003.

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

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments that confers it on art. 84, incisos IV and VI, paragraph "a" of the Constitution, and with a view to the provisions of the art. 50 of the Law no 10,683, of May 28, 2003,

DECRETA:

Art. 1º Stay approved the Regimental Structure and the Demonstrative Table of the Cargos in Commission and of the Gratified Functions of the Ministry of Transport, 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 Annex III to this Decree, the following posts in committee of the Group-Direction and Superiors Superiors-DAS and Gratified Functions-FG:

I-of the Management Office, of the Ministry of Planning, Budget and Management for the Ministry of Transport: six DAS 101.3; three DAS 102.5; two DAS 102.4; two DAS 102.3; nineteen DAS 102.2; three DAS 102.1; and a FG-3; and

II- of the Ministry of Transport for the Office of Management, of the Ministry of Planning, Budget and Management: two DAS 101.4; forty-four DAS 101.2; sixty-three DAS 101.1; and a FG-2.

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.

Single paragraph. After the apostilaments provided for in the caput, the Minister of State for Transport shall publish, 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 regiments of the Ministry of Transport will be approved by the Minister of State and published in the Official Journal of the Union, within ninety days, counted from the date of the publication of this Decree.

Art. 5º This Decree comes into effect on the date of its publication.

Art. 6º Ficam repealed the Decrees 1,642, of September 25, 1995, and 3,541, of July 11, 2000.

Brasilia, June 5, 2003; 182º of Independence and 115º of the Republic.

LUIZ INÁCIO LULA DA SILVA

Anderson Adauto Pereira

Guido Mantega

REGIMENTAL STRUCTURE OF THE MINISTRY OF TRANSPORT

CHAPTER I

OF NATURE AND COMPETENCE

Art. 1º The Ministry of Transport, the body of the direct Federal Administration, has as areas of competence the following subjects:

I-national railway, road and aquaviary transport policy;

Merse-sea merchant, ports and waterways; and

III- participation in the coordination of aerodynamical transport.

CHAPTER II

OF THE ORGANIZATIONAL STRUCTURE

Art. 2º The Ministry of Transport has the following organizational structure:

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

a) Cabinet;

b) Secretariat-Executive:

1. Sub-secretive of Administrative Affairs; and

2. Planning and Budget Undersecretariat;

c) Legal Consultancy;

II-specific organ-specific organs:

a) National Transportation Policy Office:

1. Department of Transport Policy Planning and Evaluation;

2. Department of Outorgas; and

3. Department of Institutional Relations;

b) Office of Management of Transportation Programs:

1. Department of Terrestrial Transport Programs;

2. Department of Aquaviary Transportation Programs; and

3. Department of Development and Logistics;

c) Fomento Registry for Transport Actions:

1. Department of the Merchant Navy Fund; and

2. Department of the National Transportation Infrastructure Fund;

III-collegiate body: Federal Commission of Railway Transport; and

IV-linked entities:

a) Municipalities:

1. National Department of Transportation Infrastructure-DNIT;

2. National Agency for Terrestrial Transport-ANTT;

3. National Aquaviary Transport Agency-ANTAQ; and

4. National Department of Rhode Roads-DNER (in extinction);

b) Public Companies:

1. Sailing Company of the San Francisco S.A. -FRANAVE (in the process of destatization);

2. VALEC-Engineering, Constructions and Ferrovias S.A. (in the process of destatization); and

3. Brazilian Transport Planning Company-GEIPOT (in liquidation);

c) Societies of Economics Mixed:

1. Caará-CDC Docs Company;

2. Company of the State Docs of Bahia-CODEBA;

3. Company Docs of the Holy Spirit-CODESA;

4. Company Docas of the State of São Paulo-CODESP;

5. Company Docs of the Maranhão-CODOMAR;

6. Para-CDP Docs Company;

7. Company Docas of Rio Grande do Norte-CODERN;

8. Docks Company of Rio de January-CDRJ; and

9. Federal Railway Network S.A.-RFFSA (in liquidation).

CHAPTER III

OF THE COMPETENCE OF THE ORGANS

Section I

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

Art. 3º To the Cabinet of the Minister competes:

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

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

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

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

V-exercise the activities of social communication relating to the achievements of the Ministry and its linked entities;

VI-watch the Minister of State in the affairs of international cooperation and technical assistance;

VII-provide support administrative to the expedients of interest of the Ministry; and

VIII-exercise other activities committed by the Minister of State.

Art. 4º To the Executive Secretariat competes:

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

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

III-promoting articulation between the different bodies supervised by the Executive Office;

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

V-supervising the organs linked to the Ministry.

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, and of Planning and Federal Budget, of Federal Accounting and Finance.

Art. 5º To the Subsecretariat of Administrative Affairs competes:

I-plan, coordinate and supervise the execution of the activities related to the Federal Organization Systems of Organization and Administrative Modernization, of Administration of Information and Informatics Resources, of Human Resources and General Services, within the Ministry;

II-promoting articulation with the central bodies of the federal systems referred to in the inciso I and informing and directing the organs of the Ministry as to the compliance with established administrative standards;

III-promote and coordinate the elaboration and the consolidation of the plans, programs and activities of their area of competence, subjecting them to the top decision;

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

V-carry out taken care of the expense ordinators and too much responsible for public goods and values and of all the one that gives cause for loss, stray or other wrongdoing resulting in damage to the Erary.

Art. 6º To the Subsecretariat of Planning and Budget competes:

I-plan, coordinate and supervise the execution of the Activities related to the Federal Planning and Budget, Financial Administration and Accounting Systems, within the Ministry;

II-promote the articulation with the Central Organs of the Federal Systems referred to in the inciso I and inform and guide the organs of the Ministry as to compliance with the administrative standards established;

III-develop, within the framework of the Ministry, the activities of budgetary, financial and accounting;

IV-follow-up, through managerial reporting, the budgetary, financial and accounting execution, forwarding monthly reports to your immediate superior;

V-follow up and promote the assessment of demands of budget resources, subjecting them to the approval of their immediate superior;

VI-plan and control the activities related to the global expenditures program, subsidizing the public resource allocation and management processes and repowering the federal planning and budget activities;

VII-supervising and monitoring the analysis and evaluation of the behavior of scheduled expendities, proposing necessary measures for the possible corrections of the identified distortions; and

VIII-promoting studies proposing measures to perfect the follow-up and the evaluation of the budget execution.

Art. 7º The Legal Consultancy, the sectoral body of Advocate General of the Union, competes:

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

II-attend to the charges of consulting and legal advising to the collegiate bodies chaired by the Minister;

III-exercise the coordination of the legal bodies of the entities bound;

IV-fixing 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 Advocacy-General of the Union;

V-elaboration studies and prepare information by request of the Minister;

VI-assist the Minister in the control of the administrative legality of the acts to be by him practiced or already effectuated, and those arising from organ or entity under his coordination;

VII-pronount on the legality of disciplinary administrative procedures as well as in the hierarchical resources directed at the Minister of State and those of forwarding to the top decision; and

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

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

b) the acts by which it is going to recognize the unchargeability, or decide the bidding dispensation.

Section III

From the Singular Specific Organs

Art. 8º To the National Transportation Policy Office competes:

I-subsidize the formulation and elaboration of the National Transport Policy, in accordance with the guidelines proposed by the National Council for Integration of Transportation Policies-CONIT, as well as monitor and evaluate their execution;

II-promote the articulation of the federal government's transport policies with the diverse spheres of government and private sector, with views to compatibilize policies, streamline the mechanisms of decentralization and optimize resource allocation;

III-establish guidelines for the afreation of foreign vessels by Brazilian shipping companies and for release of the transport of prescribed loads;

IV-analyze the outorga plans, subjecting them to the superior approval;

V-supervise, guide and follow up, together with the organs linked to the Ministry, the actions and projects necessary to comply with the National Transport Policy;

VI-promoting studies and research that consider regional peculiarities of the Country and the national development axes, establishing criteria and proposing priorities of investments in transport infrastructure;

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

VIII-developing the strategic planning of the transport sector, covering the hydroviary, port, railway, and the road; and

IX-advisor administratively and technically the CONIT.

Art. 9º To the Department of Transport Policy Planning and Evaluation competes:

I-plan, coordinate, and evaluate the National Transportation Policy and its infrastructure;

II-promote studies and research necessary for the planning and evaluation process of the National Transportation Policy, considering the environmental impact, regional peculiarities, national development axes and the physical integration of the National Travel System with the viary systems from neighbouring countries;

III-coordinate the maintenance and updating of statistical data of transport, necessary to the planning process of the National Transportation Policy;

IV-propose actions of integration of the policies pertinent to transport, in conjunction with the Department of Institutional Relations;

V-elaboration instruments and propose standards for the implementation of the National Transport Policy;

VI-elaboration and coordinate the implementation of the strategic planning of the transport sector;

VII-propose measures that encourage multimodality in the transport operation and the competitiveness and universalization of transport services;

VIII-coordinate the consolidation of the transport sector's plans and programmes, accompanying its physical-financial performance and subjecting them to the top decision;

IX-develop and follow up activities aimed at the proposition of the plan multiannual of investments for the hydroviary, port, rail and road subsectors; and

X-watch technique and administratively the CONIT.

Art. 10. To the Department of Outorgas competes:

I-analyse and submit to the approval the plans of outorgas and delegation of the segments of the viary infrastructure forwarded to the Ministry;

II-promote technical and economic studies concerning the definition of tariff policies, prices and frets, for the transport sector;

III-plan, to coordinate and draw up the editions of grant bidding, authorization and permission for operation of infrastructure and provision of transport services; and

IV-coordinate and evaluate the activities inherent in the outorga of exploration and provision of transport services.

Art. 11. To the Department of Institutional Relations competes:

I-coordinate the process of articulation of the policies of transport;

II-promoting the intra, intergovernmental and inter-sectoral articulation necessary to the integration of policies, plans and programs and projects of the transport sector;

III-articulate partnerships with the public sector and private, objecting to viabilizing the implementation of the ventures necessary to the development of the National Travel System;

IV-promoting actions that induce shared and cooperative management between the spheres of government in the transport sector; and

V-formulate and implement strategies and mechanisms of institutional strengthening of the Ministry.

Art. 12. The Office of Management of Transportation Programmes competes:

I-coordinate and guide the implementation of plans, programs and actions aimed at the development of the National Travel System, necessary for the achievement of the National Transport Policy;

II-follow up, evaluate and ensure the quality of the programs, projects, special operations and ventures, consolidating the management model by results and optimization of the resources;

III-establish economic-financial and quality indicators, objecting to the evaluation of the national transport programs;

IV-coordinate system of managerial information that allows for the follow-up of the physical-financial and qualitative performance of the programs, projects and transport actions;

V -overseeing institutional, technological, and implementation activities of environmental guidelines in the transport sector; and

VI-interacting with multisectoral bodies of the Federal Administration, ensuring the uniformization and integration of procedures for the effective implementation of the programs, projects and actions of the sector of transport.

Art. 13. To the Department of Terrestrial Transportation Programs compete:

I-provide grants for the drafting of budget proposition and the Multiannual Plan of Investments regarding the land transport sector;

II -to formulate and propose, monitor and evaluate the programs and actions of the Multiannual Plan of Investments, in what concerns the land transport sector;

III-guiding the implementation of land transport programmes in the linked entities and in other spheres of government, inducing improvements in management;

IV-elaborate information allowing for the dissemination of the benefits and results of the endeavors carried out in the development of the viation terrestrial;

V-articulating the programs of the land transport sector with the rest of the Multiannual Plan of Investments; and

VI-analyzing and evaluating the proposals for scope changes in the sector's ventures of land transport.

Art. 14. To the Department of Transportation Programs Aquaviaries competes:

I-provide grants for the drafting of budgetary proposition and the Multiannual Plan of Investments regarding the aquaviary transport sector;

II-formulate and propose, follow up and evaluate the programs and actions of the Multiannual Plan of Investments, in what concerns the aquaviary transport sector;

III-guide the implementation of the aquaviary transport programs in the linked entities and in other spheres of government, inducing improvements in management;

IV-elaborate information allowing for the dissemination of the benefits and results of the endeavors carried out in the development of aquavian viation;

V-articular the programs of the sector of aquaviary transport with the rest of the Multiannual Plan of Investments; and

VI-analyzing and evaluating the proposals for scope changes in the aquaviary transport sector's ventures.

Art. 15. To the Department of Development and Logistics competes:

I-follow up and coordinate the implementation of guidelines and actions related to environmental protection;

II-encourage and stimulate technologies and methodologies that contribute to the reduction of costs and to increased productivity, quality, safety and optimization in the transport sector;

III-develop and maintain the system of managerial information for monitoring and physico-financial evaluation of programs, projects and actions carried out by the Ministry and linked entities;

IV-researching, developing and disseminating institutional actions, necessary to the evolution of the transport sector; and

V-edit material for disclosure of the managerial information for public use.

Art. 16. The Registry of Fomento for Transportation Actions competes:

I-elaborate and supervise the deployment of the policies and guidelines for the abstraction of resources;

II-coordinate, supervise, and viabilize the execution of the activities related to the Federal System of International Financials under the Ministry;

III- promote the articulation with the Central organ of the Federal System of External Financing;

IV-plan and coordinate the effective fundraising and application of the Additional to the Freight for Renewal of the Merchant Navy-AFRMM, and of the remaining revenues of the Merchant Marine Fund-FMM;

V-articulate with the National Transportation Agency Aquaviaries-ANTAQ, with views to establish permanent exchange of the information Required for the operation of the Control System of the Additional Fundraising to the Freight for Renewal of the Merchant Navy;

VI-assist, technically and administratively, to the Director Commission of the Merchant Navy Fund-CDFMM;

VII-planning, coordinating and overseeing the applications of the resources of the FMM and the National Transportation Infrastructure Fund-FNIT; and

VIII-articular with the federal, state, and municipal bodies as to the use of FNIT.

Art. 17. To the Department of the Merchant Navy Fund competes:

I-attend the Secretary of Fomento for the Shares of Transport in the tract of subjects involving the FMM and the support for the development of the merchant navy and the shipbuilding industry;

II-participate in the formulation of the application policy of the FMM resources;

III-analyze and issue technical advice on projects to be developed and implanted with features of the FMM;

IV-administer and control the release or receipt of resources to the financial agents, concerning the financing contracts of the FMM;

V-analyze legal, operational and institutional changes regarding the application of the resources of the FMM;

VI-develop statistical studies and follow up with the evolution of the FMM revenue collection and its application;

VII-authorize the realization of convents, especially those firmed with financial agents of the FMM; and

VIII-managing budgeting and financially the resources in the framework of the FMM.

Art. 18. To the Department of the National Transportation Infrastructure Fund competes:

I-coordinate the study, the analysis, the identification and the viabilization of sources of financing for the transport sector;

II- coordinate and follow up, together with the federal bodies, the examination and approval of applications for national and international funding;

III-supervising the execution of the financing contracts and the funded projects;

IV-identify, together with the states, Municipalities and Federal District, forms of partnership that will enable the financing of projects of interest of the Ministry;

V-supervising the entities linked to the Ministry, in the processes of contracting and execution of the operations of accounts; and

VI-assist the Secretary of Fomento for Transportation Actions in the tract of subjects involving FNIT and applications of resources in the investment programs in the sector;

VII-analyze and follow up the projects to be developed with the applications of the resources of the FNIT;

VIII-evaluate and approve proposals of congeniums with expenditure on the resources of the FNIT; and

IX-managing budget and financially the resources in the framework of the FNIT.

Section III

From the Collegiate Organ

Art. 19. To the Federal Railway Commission-COFER it is up to exercise the competences set out in Decree No. 1,945 of June 28, 1996.

CHAPTER IV

OF THE ASSIGNMENTS OF THE LEADERS

Section I

From the Executive Secretary

Art. 20. The Executive Secretary is incumbent on:

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

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 affection to the area of competence of the Secretariat-Executive; and

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

Section II

From the Secretaries and the remaining Leaders

Art. 21. To the Secretaries, the Chief of Staff, the Legal Adviser, the Undersecretaries, the Directors and the remaining leaders it is incumbent on planning, directing, coordinating, directing and monitoring the implementation, monitoring and evaluating the activities of their respective units and exercise other assignments that are committed to them in their areas of competence.

CHAPTER V

OF THE GENERAL PROVISIONS

Art. 22. The internal regiments will define the detailing of the integral bodies of the Regimental Structure, the competences of the respective units and the assignments of their leaders.

Attachment (s)