Key Benefits:
DECREE NO. 6,620, OF October 29, 2008.
Disposes on policies and guidelines for the development and fomenting of the port sector and port terminals of competence of the Special Office of the Ports of the Presidency of the Republic, discipline the granting of ports, the leasing and authorization of maritime port facilities, and gives other arrangements.
The PRESIDENT OF THE REPUBLIC, in the use of the assignments that confer upon him the arts. 84, incisions IV and VI, point (a) and 21, incisions XII, paragraph (f) of the Constitution, and with a view to the provisions of the Laws nos 8,630, of February 25, 1993, 8,987, February 13, 1995, 10,233, of June 5, 2001, 10,683, of May 28 of 2003, 11,518, of September 5, 2007, and 11,610 of December 12, 2007,
DECRETA:
CHAPTER I
DAS DEFINITIONS, POLICIES, AND GUIDELINES
Art. 1o Sea port activities, directly or indirectly explored by the Union, will be developed in accordance with the policies and guidelines set out in this Decree.
Single paragraph. The provisions of this Decree apply to all ports and port terminals of competence of the Special Office of the Ports, pursuant to the art. 24-A of Law No. 10,683 of May 28, 2003.
Section I
Das Definitions
Art. 2o For the purposes of this Decree, consider yourself:
I-Porto Organized-the built and tripped to meet the needs of navigation, passenger handling, or movement and storage of goods, granted or operated by the Union, whose traffic and port operations are under the jurisdiction of a port authority;
II-Area of the Port Organized-a understood by port facilities that should be maintained by the port administration;
III-Port installation-the one intended for public use, in the form of the inciso I art. 4o of the Act no 8,630 of February 25, 1993, which may be continuous or located at different points of the same port, but shall always be subject to the same port administration, comprising:
a) the anchorages, the docks, the ecluss, canals, or the stretches of rivers, in which vessels are authorized to fuse, or to carry out loading or unloading operations;
b) the routes of access to anchorages, docks, wharves, or shoulder bridges, provided that they have been built or improved, or that should be maintained by the port administrations;
c) evolution basins, fundee areas, piers, bridges and docking piers and acosting, guiding-currents, or puzzles, built for the docking of vessels or for the tranquillity and depth of waters, at ports, or in the respective access roads; and
d) the grounds, the warehouses and other buildings, the internal circulation pathways, as well as the entire apparel that the ports have, to meet the needs of the their respective traffic and the repair and conservation of the port facilities themselves, which have been procured, created, built, or established, with permission from the Federal Government.
IV-Port facility of Privative Use-the one explored by legal person of public or private law, within or out of the area of the port organised, used in the movement of passengers or in the movement or storage of goods, intended for or coming from equaviary transport;
V-Arrendous assignment-onerous assignment of port installation within the area of the organized port;
VI-Authorization-outorga, by unilateral act, of terminal exploration of private use, made by the Union the legal person who demonstrates ability for your performance, at your own risk;
VII-Operation Port-movement of passengers or movement or storage of goods, destined for or coming from aequaviary transport, carried out in the port organized by port operators;
VIII-Port Operator-legal person prequalified for the implementation of port operation in the area of the organized port;
IX- Own Cargo-that belonging to the authorized, its controller or its controlled, which justifies by itself, technically and economically, the deployment and operation of the port facility;
X-Charge of Third parties-that compatible with the technical characteristics of the infrastructure and the superstructure of the authorized terminal, having the same characteristics of storage and handling, and the same nature of the authorized own cargo that justified technically and economically the application for installation of the private terminal, and whose operation is eventual and subsidiary.
XI-National Dragging Program-the one instituted by the Law no 11,610, of December 12, 2007, which is aimed at the realization of engineering works or services necessary for the deepening, enlargement or expansion, and the maintenance of the bed of waterways in such a way as to give conditions operational and sustainability to ports and seaport terminals;
XII-Draging by Result-works or engineering service intended for the deepening, widening or expansion of port areas, as well as services of a continuous nature with the aim of maintaining, by the deadline set at the edital, the depth conditions established in the implanted project; and
XIII-Port Environmental Management-set of routines, procedures and administrative actions that allows you to administer the relations of activities, operations, facilities, processes and port works with the environment that houses them, in observance of the prevailing environmental legislation.
Section II
Das Policies
Art. 3o The policies for the development and fomenting of the port sector and port terminals seafarers pauper by the following objectives:
I-effectivation of priority works in national seaports;
II-guarantee of port access to ships in a safe manner and non-discriminatory;
III-reduction of port costs, upon realization of savings of scale;
IV-contribution to the increment of the international trade of the Country;
V-increase of intra and inter ports competition, preserved the need for operational scale and of economic viability;
VI-rationalization of deadlines in the execution of port works essential to national development;
VII-promotion of sustainable development of the port activities with the environment that houses them;
VIII-provision of activities ports uninterrupted, made available twenty-four hours daily for the whole year, so as to ensure the continuity of public services; and
IX-promoting the broad participation of those interested in the tenders for granting organized port or leasing of port facility, albeit holders of others leases, provided that it observed the principle of free competition.
Art. 4o Exploration of the organized port will be remunerated through port fares, which must be isonomic for all users of a same segment, as well as by heritage revenues or arising from ancillary activities or complimentary.
Single paragraph. The practiced fares, inclusive of the services of an operational nature and the services called accessories, should be of public knowledge and of easy access.
Art. 5o The remuneration of the tenants and port operators it will be pauper by the practice of monthsary prices, established with the contractors of the port operations.
§ 1o The tenants, port operators and facility holders mixed privately owned port of use should give ample publicity of the prices regularly practiced in the development of inherent, ancillary, complementary activities and projects associated with the services developed in their port facilities.
§ 2o The tenants of port facilities will be able to perform the movement and guard of goods directly, or upon the interposition of prequalified port operators.
Art. 6o The conclusion of the contract and the authorization of exploitation of port activities should occur in strict adherence to environmental legislation and be preceded by consultation with the customs authority and municipal public power.
Section III
From the Guidelines
Art. 7o These are the following general guidelines applicable to the maritime port sector:
I-service to the public interest;
II-maintenance of proper service and guarantee of the rights of users;
III-promotion of the rationalization, optimization, and expansion of the infrastructure and super-structure that integrate the port facilities;
IV-zeal for the activities and the guard of the goods affected to the operation port and to the organized port itself;
V-adequacy of the existing infrastructure to the the actuality of vessels and promotion of the revitalization of non-operational port facilities;
VI-environmental preservation in all port facilities, public and private, deploying port environmental management actions in order to streamline the process of environmental licensing of the ventures;
VII-stimulation to the modernization of the management of the organized port;
VIII-promotion of programs and renting projects, listening to specific and defined targets based on technical parameters, according to their respective development and zoning plans;
IX-development of the port sector, stimulating private sector participation in the concessions, the port leases and the terminals of privately use;
X-improvement of the operational performance and the quality of the service provided, aiming at the reduction of the practiced prices;
XI-promotion of the economic-financial sustainability of the activity port and system deployment of pricing and tariffs based on cost centers and operational efficiency;
XII-stimulation to the competitiveness of the sector and defence of competition;
XIII-promotion of the full application and implementation of the National Dragging Programme; and
XIV-valorisation of the workforce on the basis of efficiency, so as to enable the adoption of more suitable production methods for movement of goods and passengers seafarers and their baggage in the ports.
§ 1o The administration of the port, called the port authority, and the customs, maritime, health, health and maritime police authorities will exercise their assignments at the organized port in an integrated and harmonic manner, ensuring the port services maximum order, quality, speed and safety.
§ 2o The organization and regulation of the port guard involve the maintenance, by the administrations of the ports, of the necessary quantitative, with the assignments determined to it in the respective regulations.
§ 3o The port authority will promote full port-city integration, by actions that guarantee the operational conditions of the port, by means of the land and maritime accesses appropriate to the operations and by revitalizing port facilities with no operational interest, for cultural, social purposes, recreational and commercial, with the minimum of negative impacts to the port and to the city, preserving the historical, cultural, environmental and safety conditions of its facilities and its harmonic integration with the urban area.
Art. 8o In the area of the organized port, it competes with the administration of the port, the concessionaires, the tenants of port facilities and those authorized to carry out the goods storage services.
Art. 9o The avulsed port work must observe the conditions of application of the port labor of competence of the labour force manager of the labour force port avulso, in accordance with the respective collective work conventions concluded by the representative entities of the port operators and avulese port workers, who act in the area of the organized port.
Art. 10 The contingent of workers enrolled in the register and the enrollment of the labour force manager of the avuled port work will be the object of annual review by the respective supervisory board.
Single paragraph. The fixation of the tables should take into account the demand observed by the history of requisitions effected by the port operators and too many service takers, so as to allow frequency to work, regardless of the need or possibility for the worker to run for other port activities other than his or her origin.
Art. 11 No advisor will be able to integrate more than one board of authority port, even in ports that are under a same port administration.
Art. 12 The port authority board should communicate to the Special Registry of Ports of the Presidency of the Republic the cases of negative administrative support or information and de-fulfillment of its deliberations by the administration of the seaport.
CHAPTER II
OF THE ORGANIZED PORTS CONCESSION
Art. 13 A outorga of organized seaports will be held by means of granting the person legal or private law, of recognized technical idoneity and financial capacity, with observance of the conditions set out in this Decree and in the legislation on the granting and permitting regime of public services.
Paragraph single. The term of the concession will be up to twenty-five years, and may, upon justification, be extended a single time, by a maximum term equal to the period originally contracted.
Art. 14 A bidding for the granting of which treats art. 13 will be carried out by the National Avian Transportation Agency-ANTAQ, based on the general plan of outorgas.
Art. 15 Any interested in the sea-organized port outorship, upon concession, may apply for the ANTAQ to open the respective bidding procedure.
§ 1o The application to which the caput is concerned should be accompanied by study that demonstrate the technical, operational and economic suitability of the proposal to the general plan of outorgas, as well as its competitive impact, in the form of the art. 21 of the Law no 8,987, of February 13, 1995.
§ 2o Case the object of the application is not contemplated in the general outward plan, it will be up to the Special Office of the Ports of the Presidency of the Republic to comment, issuing detailed technical report on the opportunity and convenience of the ballot.
Art. 16 A The granting of the maritime organized port will comply with the provisions of this Decree and the legislation governing port infrastructure grants, as well as to the objectives and guidelines set out by the Special Office of the Ports of the Presidency of the Republic of the Republic.
Art. 17 A grant of which treats this Chapter should contemplate:
I-the works and the apparatus of the ports necessary to the shoulder of the vessels and to the movement, guard and conservation of the goods destined for navigation, or that for these ports are conducted;
II-the commercial exploitation of the port, which comprises the provision of port services, in the form of the Act no 8,630, of 1993, the conservation of access channels and the anchorages and, still, the conservation and renovation of the port super-structure;
III-the works intended to ensure the equaviary access to the ports, as well as anchorage offering to the convenient vessels and depth compatible with the respective size; and
IV-the physical spaces required for port exploration, included those in public waters.
Art. 18 A maritime organized port grant will only be bestoed upon prior study that demonstrates its technical, operational and economic feasibility, and its competitive impact.
§ 1o The studies and projects could be done by the interested, in the form of the art. 21 of the Act no 8,987, of 1995, which shall submit them to the approval of the ANTAQ, accompanied by the necessary justification memory, listened to the Special Ports Office of the Presidency of the Republic.
§ 2o Any modification to the studies and projects already approved should be previously submitted to ANTAQ, listened to the Special Office of the Ports of the Presidency of the Republic.
Art. 19 The works of improvement and apparel of marine organized ports should be designed with the capacity needed to cater to all the traffic that aflucant to ports and with the indispensable margin advised by the study of the economic possibilities of their respective areas of influence.
Art. 20 The edital and maritime organized port concession contract should provide for provision of clause available on the possibility of extension of the facilities.
Paragraph single. The necessary works and acquisitions to the extension of which it treats the caput should be approved by the ANTAQ, listened to the Special Office of the Ports of the Presidency of the Republic.
Art. 21 Will be misappropriated by public utility the grounds and constructions necessary for the execution of the works, by staying the exclusive post of the concessionaire the expenses of severance and any others arising from the dispropriations, which will be taken to the account of the port capital, after audited and recognized by the Special Ports Registry of the Presidency of the Republic.
Single paragraph. The land and benefactions acquired or misappropriated, the cost of which has been brought to the account of the port's capital, shall constitute an integral part of its patrimony, upon which the concessionaire has use and enjoyment, during the period of the concession.
Art. 22 Case the grounds and constructions necessary for the execution of the works are owned of the Union, the Union Heritage Office of the Union Ministry of Planning, Budget and Management should adopt the appropriate administrative arrangements, by staying the concessionaire responsible for possible severance charges to private individuals, which will be taken to the account of the capital of the port, after audited and recognized by the Special Office of the Ports of the Presidency of the Republic.
Art. 23 Fishing the grant timeframe, will revert to the Union domain the port facilities of the granted port.
Art. 24 A homologation of the bidding, the control and the surveillance of the concession contracts of the ports organized seafarers will be fit to the ANTAQ.
Single paragraph. They will be ascertained annually, in accordance with the regulations in force, the capital accounts and the costing of the ports granted.
CHAPTER III
OF THE LEASES AND THE AUTHORIZATIONS OF
PRIVATELY USED PORT FACILITIES
Art. 25 The plan of development and zoning will individualize the susceptible tenancy facilities, with views to their inclusion in the harbor facilities rental program, and they should integrate the general outorgas plan.
§ 1o The port administration will submit the port facilities lease program to the ANTAQ, which will incorporate it to the general outward plan, in accordance with the respective development and zoning plan, with the indication of the loads to be moved and the areas intended for port operators that lack leases.
§ 2o The port facilities included in the tenancy program of port facilities will be leased by bidding, on the initiative of the port administration or the application of the person concerned.
Art. 26 The applications for bidding of leases from facilities at the port organized and for the authorization of port terminals of private use should be forwarded to ANTAQ, who will hear the Special Office of the Ports of the Presidency of the Republic.
Art. 27 The leasing contracts of port facilities should contain provision of the available clause on the possibility of magnification of the facilities.
§ 1o The magnification of the leased area will only be allowed in contiguous area and when proven unfeasible technical, operational and economic of bidding for new lease.
§ 2o The board of the port authority is to be heard in the cases of extension of the port facilities that are to the change of the development and zoning plan.
Art. 28 The leasing contracts of port facilities will be up to twenty five years, and may, upon justification, be extended once, by maximum term equal to the period originally contracted.
§ 1o The lessee should apply for extension of the lease term until twenty-four months before the expiry date of the originally contracted deadline, under penalty of the decay of that right.
§ 2o The port authority will submit to the ANTAQ the new licitatory processes of leases concerning contracts in which to set the decay of the right that it treats § 1o.
Section I
From the Facilities Tenancy Port Operational
Art. 29 The harbor facility lease operational will note that:
I-incumbent on the port authority of each port organized a elaboration and implementation of the respective harbor facility rental programme;
II- the leasing of port facilities will be preceded by the elaboration of feasibility and evaluation studies of the venture, which can be effected by the port authority, directly or by hiring consultancy firm independent, observed the relevant legislation, as well as the nature, magnitude and complexity of the projects;
III-the interested in the harbour facility lease will be able to offer the studies and the assessment referred to in the inciso II in the form of the art. 21 of the Law no 8,987, from 1995;
IV-the administrative bidding procedure for the leasing of port facilities is governed by the Act no 8,666, of June 21, 1993, and by the Law no 8,987, of 1995;
V-it is up to the port authority board to ensure compliance with the competition defence standards and the port authority to adopt the necessary measures to its compliance, without prejudice to the powers provided for in Law no 8,884, of June 11, 1994;
VI-the value paid for renting will not be able to cover port fares due to the administration of the port; and
VII-the harbor facility lease agreement is governed by the Law no 8,630, of 1993, and by the precepts of public law, applying, in supplement, to the legislation governing the hiring and concessions, as well as the principles of general contract theory and the provisions of private law.
§ 1o The studies referred to in the inciso II comprise, in addition to the characterization of the project of the proposer, the following factors:
I-economic-financial viability, based on the revenues and the operating expenses and investments;
II-technical feasibility, understanding the infrastructure project, super-structure, location and its articulation with the viary mesh of the remaining transport modals; and
III-environmental feasibility, expressed in the corresponding prior licensing by the competent authority in environment.
§ 2º Case the studies mentioned in the incisos II and III of the caput of this article present divergent results, the port authority will decide on the desirability of the model and value to be applied.
§ 3o The port authority shall submit to the ANTAQ the elements contained in the incisors II and III of the caput of this article, and the arrollees in § § 1o and 2o, accompanied by the reference term, of the edict, of the contract minuta and its attachments.
Art. 30 The bidding edital will be able to establish the possibility for the future tenant to earn revenue with the exploration of inherent, complementary, ancillary, ancillary activities and projects associated with the tenancy and the percent of these features that will compose repayment of the lease price.
Section II
Do Leasing of Non-Operational Sea Port facilities
Art. 31 As non-operational maritime port facilities will be able to be leased with views to their revitalization, by adopting actions and measures that change their original functions, targeting them for cultural, social, recreational activities or commercials.
§ 1o In the bidding for leasing of maritime port facilities non-operational, the port administration may adopt the modalities taken for prices or invitation, in the manner provided for in Law no 8,666, of 1993, being mandatory, in any case, the lavrature of the contractual instrument.
§ 2o The adoption of the modalities taken in price or invitation becomes conditional on the observance of the limits set in the art. 23 of the Act no 8,666, of 1993, considering as a total value the sum of the periodic plots provided for in the tenancy term.
Art. 32 It is up to the port authority, within the framework of each organized port, to elaboration and the implementation of the revitalization of the respective facilities so as to ensure:
I-the operating conditions of the port and its suitable terrestrial and equaviary means of access;
II-the historical and cultural preservation of the facility to be revitalized and its harmonic integration with the surroundings port and the urban context;
III-the generation of touristic, cultural and cultural opportunities economic in the Municipality, in addition to the development of the port business;
IV-the fulfillment of the regulatory standards of safety, health and environment in the deployment and operation of the new activities in the revitalized facility; and
V-the financial return, suitable to the port, regarding the installation used, which is to be applied in the port activities, when it comes to cost-effective activities.
Art. 33 The renting of non-operational port facilities will be preceded of the elaboration of studies that should appear in the development and zoning plan.
Art. 34 For the renting of non-operational sea port facilities, with the purposes of revitalization, the port authority should adopt the following procedures:
I-promoting studies for definition of use of the facilities to be revitalized, compatible with the director plan, the land use and occupancy plan and with other municipal plans and projects, accompanied by technical and economic feasibility studies and impacts of the new activities on port operations, on land and sea accesses, transit and parking lots in the port area and retro-areas;
II-firming, when couber, convenium term or other similar instrument with the Municipality or the Municipalities, for analysis of the proposed port facility use to be revitalized, of which it treats inciso I, and its compatibilization to urban space;
III- propose to the Municipality the studies for use of port facilities to be revitalized and re-appropriate them, if necessary, after the municipal demonstration;
IV-present to the community, by means of public hearing, proposal for use of the port facility to be revitalized, readept at, when necessary;
V-present to the ANTAQ, for analysis and approval, the proposed use of the port facility to be revitalized and the corresponding supplementary studies, listened to the Special Office of the Ports of the Presidency of the Republic;
VI-elaboration of reference term, of the edital, of the contract and of the remaining parts necessary for bidding of the facilities and referring them to the ANTAQ;
VII-proceed to the bidding and to conclude the lease agreement of the facility to be revitalized; and
VIII-scrutinize the execution of the contract.
Single paragraph. The person concerned in the lease of port facility to be revitalized will be able to offer the studies referred to in the inciso I, noted the provisions of the art. 21 of Law no 8,987, from 1995.
Section III
Das Authorizations
Art. 35 The port facilities of private use are intended for the realization of the following port activities:
I-handling of own cargo, in port terminal of exclusive use;
II-moving preponderant of own charge and, in subsidiary and eventual third-party character, in terminal port of mixed use; and
III-passenger handling, in port facility of tourism.
Art. 36 The applications for authorization of privately used endpoints mixed or exclusive, compatible with the general plan of outorgas, should be formulated to the ANTAQ, duly accompanied by the documentation set out in the legislation, for technical analysis.
§ 1o Received the application that it treats the caput, ANTAQ will forward consultation with the Special Office of the Ports of the Presidency of the Republic, with the summary of the characteristics of the venture, to make this manifold as to the suitability of the pleas to the policies and guidelines of the port sector and port terminals seafarers.
§ 2o The port authority is to be consulted when the application for being of interested holder of the useful field of land within the area of the organized port.
§ 3o In any hypothesis, the applicant should substantiate the title ownership of the land where it intends to install the terminal of private use, or, in case the terrain is owned by the Union, the enrollment of the occupation or the entitlement of the useful domain, as well as the availability of the respective physical spaces in public waters, pursuant to Law no 9,636, of May 15, 1998.
Art. 37 A authorization for the construction and exploration of port facility of privately use shall be bestoed upon the conclusion of a legal instrument called the accession contract, to be concluded with the ANTAQ.
§ 1o The authorization of which treats the caput will give itself in two distinct moments:
I-the first, to authorize the construction of the port facility of privately use; and
II-the second, to authorize the beginning of the exploration of the port facility of privately use.
§ 2o The beginning of the exploration of the port facility of privately use will give only after the finding, stemming from surveys to be carried out by the ANTAQ, of the fulfillment of all legal requirements relating to the remaining federal, state and municipal public authorities exercising legal competence over port facilities of use deprivation.
Art. 38 The procedures for the authorization outorship for the construction and operation of the mixed private use port facility should observe the following requirements:
I-presentation of statements, evidence or assessments of cargo handling, own and from third parties, as an integral part of the studies necessary for the authorization of port installation of mixed deprivation;
II-proof of the query formulation prior to the customs authority, directly by the person concerned to the customs body with local jurisdiction, who will instruct it with the information pertaining to the knowledge of the Registry of the Brazilian Revenue Office; and
III-construction of the port facility of privately use, in the authorized form.
Paragraph single. The provision of the third-party cargo handling services, by the holder of the authorization of the construction and operation of the port facility of mixed private use, shall be disciplined in contracts signed between the holder of that authorization and the Taker of his services, whose instrument is governed exclusively by the standard of private law, without the participation or responsibility of the public power.
CHAPTER IV
OF THE NATIONAL DREDGING PROGRAM
Art. 39 The national port dredging program will be approved by the Special Office of the Ports of the Presidency of the Republic, in your area of competence.
Single paragraph. The national port dredging program will be reviewed until the close of the first quadrimaster of each year.
Art. 40 The Docks Companies and the remaining port and terminal administrator seaports should submit to the Special Office of the Ports of the Presidency of the Republic, with views to the approval, by the March 30 of each year, their investments and dredging proposals, to be entered into the program update port dredging national for the following financial year, accompanied by the respective predictions of uses and resource sources;
Paragraph single. The Special Office of the Ports of the Presidency of the Republic shall officially pronounce on the allocation referred to in the caput, always within the maximum of thirty days.
Art. 41 Among the sources of resources of which it treats art. 40 are the port fares that aim to remunerate the use of the aquaviary access infrastructure with adequate depths to the vessels in the access channel, in the evolution basins and along to the accustomed facilities as well as the blization of the access channel up to the facilities of acostage and too much facilities of aquaviary access of responsibility of the port authorities.
Single paragraph. The resources raised in the ports run by the Dock Companies and by the remaining port authorities will be in them applied, not by admitting cash repass to other ports that are not under their management.
Art. 42 A Union will be able to target resources for the realization of dredging of deepening in ports delegated to states and Municipalities, based on the Law no 9,277, of May 10, 1996, getting such a conditioned destination:
I-to the demonstration that the product of the port tariff collection of the port concerned is being invested and applied fully in the port itself; and
II-to the simultaneous hiring of the dredging of deepening, enlargement or expansion of areas, if that is necessary with the maintenance dredging.
Single paragraph. In the case of inciso II, the maintenance dredge will be borne with own resources of the delegator.
Art. 43 The Docks Companies should refer to the Special Ports Registry of the Presidency of the Republic the studies and the projects justifying the priorities for dredging, contemplating, including, dredging for two or more ports.
CHAPTER V
DO GENERAL PLAN OF OUTORGAS
Art. 44 The general plan of outorgas will be drawn up by the ANTAQ and approved by the Special Office of the Ports of the Presidency of the Republic, obeying the following guidelines and policies:
I-optimization of the national port structure, with views to the viabilization of developmental policies, especially those of foreign and industrial trade;
II-expansion of the supply of port services, based on the scale efficiency of the exploration of the activities and reduction of unit costs;
III-fulfillment demand for port services, inclusive of future, in compliance with economic studies that will integrate the general plan of outorgas;
IV-appropriate provision of the port services, second the normative and regulatory parameters;
V-integration between the distinct modals, prioritizing maritime transport, when possible; and
VI-expansion and magnification of the existing port facilities and the location of the new ports, with a view to economic efficiency.
Art. 45 The general outorgas plan will be reviewed every two years.
CHAPTER VI
OF THE GENERAL AND TRANSITIONAL PROVISIONS
Art. 46 A The port administration should ensure compliance with environmental and safety and health legislation in the work on the part of all the actors involved in the port operation, within the area of the organized port.
Single paragraph. Port operating regulations, tenancy agreements and the prequalification standard of port operators should specify requirements for compliance with the environmental, health and safety legislation of the work, as well as sanctions to be applied by the port authority in the event of a failure to comply with those requirements by the officers involved.
Art. 47 A execution of port services in privately-used facilities is da competence of the respective holders, competing with the port authority to scrutinize the operations when the terminal lies within the area of the organized port.
Art. 48 The works of improvement and reform of port installation, leased or authorized, independent of new outorga, but will be compulsorily submitted to the port authority and ANTAQ, as the case may be, for prior approval, if there is any change that would uncharacterize the projects submitted initially.
Art. 49 A ANTAQ should, within the time of one hundred and eighty days, counted from the publication of this Decree:
I-proceed to the adequacy of the regulatory provisions referring to the leases and the authorisations of port facilities of which they treat this Decree;
II- submit to the approval of the Special Office of the Ports of the Presidency of the Republic the general plan of outorgas pursuant to paragraph (b) of the inciso III of the art. 27 of the Act no 10,233, of June 5, 2001; and
III-dispose of the authorization procedures for the construction and operation of tourist port facilities for passenger handling.
Art. 50 Configured the public interest, may exceptionally be permitted to use leased port facilities for compliant loading reception transported on ship that demande to the port, not intended for the tenant, as long as it has set up the urgency and necessity, with the aim of avoiding congestion situations in the remaining port and acosting facilities.
§ 1o Authorization can only be granted by the port authority after the favorable manifestation of the Registry of the Brazilian Revenue Office.
§ 2o It applies the provisions of the caput also to the port facilities of public use.
CHAPTER VII
OF THE FINAL PROVISIONS
Art. 51 The art. 3o of Decree no 2,184, of March 24, 1997, passes the vigour with the following essay.
?Art. 3o The delegation deck, whose essential clauses will be approved by the delegator, should contain, among others, the following obligations to be taken over by the delegator:
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IV-take responsibility for the conservation of the goods from the port constants of inventory carried out by the delegator;
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Art. 52 The willing in the Decree no 4,391, of September 26, 2002, does not apply to the ports and maritime port terminals of competence of the Special Office of the Ports of the Presidency of the Republic.
Art. 53 The provisions of this Decree do not reach the legal acts previously practiced for its editing.
Art. 54 This Decree goes into effect on the date of its publication.
Brasilia, October 29, 2008; 187o of Independence and 120o of the Republic.
LUIZ INACIO LULA DA SILVA
Guido Mantega
Paulo Bernardo Silva
Dilma Rousseff
