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BILL OF LAW Provisions on management, organization, and social control of the Regulatory Agencies, adds and amends dispositions contemplated in Laws No. 9472 of 16 July 16 1997, No. 9478 of 6 August 1997, No. 9782 of 26 January 1999, No. 9961 of 28 January 2000, No. 9984 of 17 July 2000, No. 9.986 of 18 July 2000, and No. 10233 of 5 June 2001; in Provisional Measure No. 2228-1 of 6 September 2001; and provides other considerations. THE NATIONAL CONGRESS decrees: Article 1: This law provides dispositions on rules applicable to Regulatory Agencies with respect to management, organization, and social control mechanisms, adds and amends dispositions contemplated in Laws No. 9472 of 16 July 1997, No. 9478 of 6 August 1997, No. 9782 of 26 January 1999, No. 9961 of 28 January 2000, No. 9984 of 17 July 2000, No. 9.986 of 18 July 2000, and No. 10233 of 5 June 2001; and in Provisional Measure No. 2228-1 of 6 September 2001. Article 2: For the purposes of this Law and of Law No. 9986 of 2000, the following are regarded as Regulatory Agencies,: I. National Electricity Agency ANEEL; II. National Petroleum Agency ANP; III. National Telecommunications Agency ANATEL; IV. National Health Surveillance Agency ANVISA; V. National Health Regulatory Agency ANS VI. National Water Agency ANA VII. National Agency for Waterways Transportation ANTAQ VIII. National Agency for Road Transportation ANTT; and IX. National Film Agency ANCINE CHAPTER 1 ON THE DECISION-MAKING PROCESS OF REGULATORY AGENCIES Article 3: The decision-making process of Regulatory Agencies on matters related to sector regulations shall have a collegial format. §1: The Governing Boards or Management Councils of Regulatory Agencies shall hold deliberations by absolute majority of member votes, including the Director-President, the Director-General, or the President, who shall be represented by his/her appointed alternate during his absence, as stipulated in the by-laws. §2: The appeals to acts practiced by the Regulatory Agency shall be handled by the Governing Board or Management Council, upon presentation by the interested party or by, at least, two members of the Board. §3: The Regulatory Agency shall have the prerogative to adopt monocratic decisions in each one of its Boards, while the Governing Board or Management Council shall have the right to reexamine all monocratic decisions made, as stipulated in §2. Article 4: The minutes and proposed amendments to legal regulations, normative actions and decisions of the Governing Board or Management Council that may be of general interest to economic agents, consumers, or users of services rendered, shall be subject to public consultation before any decisions can be made. §1: The public consultation period shall start seven days after publication by the interested party in the Federal Official Gazette and shall have a duration of no less than thirty days. §2: The Regulatory Agencies must make available, in a specific location and its website, the studies, data, and technical material utilized as groundwork for the proposals presented, up to seven days before the start of the public consultation. §3: The Regulatory Agencies must establish in their internal regulations the criteria to be followed during public consultations. §4: The associations established in compliance with the civil law that have been operational for at least three years, and that have among its goals the protection of the consumer, the handling of economic issues, or the promotion of open competition, have the right to appoint at least three representatives with proven expertise in the area in which the public consultation is being carried out, to monitor the process and provide qualified consultancy services to the entities and their members. The Regulatory Agency shall have the responsibility to deal with ensuing expenses, taking into account budget availability, criteria, thresholds, and requirements set forth in the regulations and dispositions of Articles 25, section II, and Article 26 of Law No. 8666 of 21 June 1993. §5: The monitoring role described in §4 shall be provided to the representative at those times, from the opening of the process to the preparation of the final report to be submitted for the approval of the Governing Board or Management Council, safeguarding the access to all classified data and information, as specified in Article 23 of Law No. 8159 of 8 January 1991. Article 5: The Regulatory Agencies, by collegial decision, shall be entitled to carry out public hearings to make judgments and decisions on pertinent issues. §1: The opening of the hearing term shall be preceded by public notification in the Federal Official Gazette and other means of communication, up to fifteen days before the opening term. §2: The Regulatory Agencies must make available, in a specific location and in its Internet website, up to fifteen days prior to publication, studies, data, and technical material utilized as groundwork for the proposals submitted for public consultation. §3: The Regulatory Agencies must establish their own by-laws and criteria to be followed during public hearings. Article 6: The Regulatory Agencies can establish other means of stakeholder participation in their decisions, either directly or through legally instituted organizations or associations. Article 7: The results of the public consultation and hearings and of other means of stakeholder participation in the decisions referred to in Articles 4 and 5, shall be made available in a specific location and in the website of the Regulatory Agency, indicating the procedure adopted, being that participation in the public consultation grants the right to obtain from the Regulatory Agency a grounded response, which may be common to all substantially similar allegations. CHAPTER II ON RENDERING OF ACCOUNTS AND SOCIAL CONTROL Section I On the
Obligation of Annual Activities Reporting Article 8: The Regulatory Agencies must elaborate a detailed annual activities report highlighting the actions taken to comply with sector policy issues as defined by the Legislative and Executive Branches. Sole paragraph: The annual activities report must be submitted in writing by the Regulatory Agency, within a maximum period of ninety days after the closing of the exercise to the pertinent Ministry representative, the Federal Senate, and the Congress, and be made available at headquarters, decentralized units, and Internet website. Section
II On the Management and Performance Contract Article 9: The Regulatory Agency shall sign a management and performance contract with the pertinent Ministry, as set forth in §8 of Article 37 of the Constitution, negotiated and entered into between the Governing Board or Management Council or the pertinent Ministry representative. §1: The management and performance contract shall be signed within a maximum period of one hundred and twenty days, starting from the appointment of the Director-General, the Director-President, or the President, having previously taken into consideration the views of the Minister of Finance and the Minister of Planning, Budget, and Management. §2: The management and performance contract must be submitted for consideration and approval by the sector policy council of the corresponding implementation area of the Regulatory Agency, or by one of the Chambers of the Government Council in compliance with the regulations. §3: The management and performance contract shall be used as a monitoring instrument to evaluate the performance and administrative procedures and of the Regulatory Agency, and shall be accompanied by a rendering of accounts of the Regulatory Agency and of the pertinent Ministry, as stated in Article 9 of Law No. 8443 of 16 July 1992, its absence being considered a formal error. §4: The objectives of the management and performance contract are as follows: I- to improve management monitoring by promoting greater social control and transparency. II- to enhance the collaborative efforts between the Regulatory Agency and the public sector, particularly with respect to the compliance with public sector policies defined in the legislation. §5: The management and performance contract, as well as its attachments, shall be published in the official gazette by the Regulatory Agency, no later than twenty days after signature, an indispensable condition for entering into force, and may be widely and permanently disseminated in electronic form by the respective Regulatory Agencies. A copy must be submitted, for registration, to the Federal Audit Court, to be used as a reference document for operational audits. Article 10: The management and performance contract shall specify: I- oversight and administrative performance goals to be attained, timetable, and indicators, as well as the evaluation mechanisms so that its impact may be objectively quantified; II- budget resource projections and schedule of disbursements of the financial resources required to attain its goals; III- the obligations and responsibilities of all parties with respect to established goals; IV- a monitoring and evaluation system, containing criteria, benchmarks, and timelines; V- the measures to be adopted in case of unjustified noncompliance of agreed-upon goals and obligations; VI- duration; and VII- the conditions for revision and renewal. Article 11: The minimum duration of the management and performance contract shall be one year. It shall be evaluated on a regular basis, and, if necessary, revised in case of partial replacement of the Agencys Board, without prejudice to the joint and several liabilities among its members. Article 12: The regulations shall provide for the monitoring and evaluation instruments of the management and performance contract, as well as the procedures to be followed for signature and the periodic presentation of monitoring and performance evaluation reports of the Regulatory Agency. Sole paragraph: The Regulatory Agency shall present, in addition to the annual activities report stipulated in Article 8, semiannual management and performance reports for publication in the official gazette and have them widely and permanently disseminated in electronic form by the respective Regulatory Agencies, and be submitted to the supervisory body, to the Ministry of Planning, Budget, and Management, and to the Federal Audit Court. Section III On the Ombudsmans Office Article 13: Every Regulatory Agency shall have an ombudsman person who shall work in close collaboration with the Governing Board or Management Council, without hierarchal subordination nor increase of responsibilities. Article 14: The Ombudsman person shall be appointed by the President of the Republic for a two-year term, with the possibility of reelection. §1: The duties of the Ombudsman person include ensuring the quality of the services rendered by the Regulatory Agency and following up on the internal processing of complaints and allegations by users, presented against the Regulatory Agency or the regulatory bodies. §2: The Ombudsman person shall have access to all matters, receive the necessary administrative support, and be responsible for presenting semiannually, or when deemed necessary, comments on the performance of the Regulatory Agency, submitting them to the Governing Board, the Advisory Council, if any, the pertinent Ministry representative, the Minister of Finance, the Minister of Planning, Budget, and Management, and the Chief of Staff of the Office President of the Republic, as well as the Oversight and Control Committees of the Congress and the Federal Senate. He/she shall also be responsible for disseminating such comments to the general public. CHAPTER III ON THE INTERACTION BETWEEN THE REGULATORY AGENCIES AND THE COMPETITION PROTECTION BODIES Article 15: In order to promote competition and effectiveness in the implementation of competition protection legislation in regulated markets, the competition protection bodies and the Regulatory Agencies must work in close collaboration emphasizing the exchange of experiences. Article 16: In exercising their authority, Regulatory Agencies shall monitor and follow up on market practices of the regulatory sector stakeholders in an effort to help competition protection bodies enforce the competition protection legislation, as set forth in Law No. 8884, of 11 June 1994. §1: The competition protection bodies are responsible for implementing competition protection legislation and, in agreement with Law No. 8884 of 1994, shall address issues on acts of concentration and establishment and instruction of preliminary findings and administrative procedures for dealing with violations to the economic order, being CADE the deciding body that shall have the final word on decisions concerning acts of concentration and anti-competitive conducts. §2: In the case of analysis and instruction of the acts of concentration and administrative procedures, the competition protection bodies may request Regulatory Agencies to issue sector-specific opinions related to their respective sectors, which shall be used to support the instruction and analysis of the acts of concentration and administrative procedures. §3: The Regulatory Agencies shall request the opinion of the competition protection body of the Ministry of Finance on preliminary drafts of norms and regulations, prior to public consultation, so that the Ministry can issue, within thirty days, an assessment on eventual impacts on the conditions of the competition in regulated sectors. §4: The competition protection body of the Ministry of Finance shall publish in the Federal Official Gazette, within ten calendar days after the norm or regulation is made available for public consultation, all appraisals issued in compliance with §3 of this Article. Article 17: When the Regulatory Agencies, in the exercise of their authority, are informed of a possible violation to the economic order, they shall inform the competition protection bodies so that these can take the corresponding measures. Sole paragraph: An administrative process shall be established by the body responsible for instruction within the Brazilian Competition Protection System if the preliminary analysis of the Regulatory Agency or the Secretariat itself provides sufficient evidence of anti-competitive conducts. Article 18: Regardless of other legal competencies, including compliance with its own decisions, the CADE shall notify the Regulatory Agencies of the decision on anti-competitive conducts by businesses or individuals in the exercise of regulated activities, as well as those related to acts of concentration considered by CADE, within a forty eight hour period after publication of the respective decision so that legal measures may be adopted. CHAPTER IV ON THE OPERATIONAL INTERACTION BETWEEN REGULATORY AGENCIES AND THE STATE REGULATORY BODIES OF THE FEDERAL DISTRICT AND MUNICIPALITIES Article 19: The Regulatory Agencies referred to in this Law shall promote the coordination of its activities with those of Regulatory Agencies or government regulatory bodies, the Federal District, and municipalities in the respective areas of competence, promoting, whenever possible and based on their own judgment, the decentralization of activities by establishing a cooperation agreement, except for Public Health System activities, which shall comply with the dispositions of its own legislation. §1: The cooperation referred to in this articles caption shall be instituted as long as Regulatory Agencies or regulatory bodies of the respective federal unit have competent technical and administrative services, and are duly organized and prepared for the execution of the respective activities, according to the conditions established in the by-laws of the Regulatory Agency. §2: The implementation of activities by the States, the Federal District, and the Municipalities shall be permanently monitored and evaluated by the Regulatory Agency, in accordance with their respective agreement. §3: In order to implement the activities related to regulation, control, and oversight being delegated to the government regulatory body of the Federal District or the municipality, they shall follow the pertinent federal legal and regulatory norms. §4: The acts of normative nature issued by the government or municipal regulatory body that receives the delegation of functions shall be in agreement with the norms issued by the Regulatory Agency. §5: The government regulatory body of the Federal District or municipality shall not demand any additional obligations, aside from those stated in the contract, from the concessionary or permissionary, which are related to regulation, control, and oversight. Article 20: When the execution of activities under the responsibility of the Regulatory Agency is decentralized, part of the oversight fee, provided for in the federal legislation and collected by the respective federal unit, may be transferred to the unit to cover services, in compliance with the respective cooperation instrument. CHAPTER V ON FINAL AND TRANSITORY PROVISIONS Article 21: Law No. 9472 of 1997 enters into effect with the following amendments: Article 7: The general economic protection regulations are applicable to the telecommunications sector. .. §2: The acts considered in §1 shall be submitted for the approval of the competition protection bodies. (NR) Article 18. .. V- to issue regulations related to the provision of telecommunication services in the public regime. (NR) Article 18-A: The Executive Branch, as Granting Authority, shall issue concession or cancellation of service exploitation rights in the public regime, and enter into concession contracts for rendering of services in the public regime. §1: The procedures provided for in this Articles caption: I- shall be preceded by formal declaration of the Management Council of the National Telecommunications Agency ANATEL; II- may be delegated to ANATEL, as per decision by the Minister of Communications. §2: The publishing of an act in the public regime canceling the right of exploitation by the Granting Authority shall be dependent upon a favorable declaration of the Management Council of ANATEL. (NR) Article 19: .. III- to issue regulations related to the provision and enjoyment of telecommunication services in the public regime. V- by delegation of the Granting Authority, to issue the concession or canceling the right of exploitation in the public regime; VI- by delegation of the Granting Authority, to enter into and manage concession contracts and oversee service provision in the public regime, applying sanctions and making interventions; .. XIX- to closely collaborate with competition protection bodies, with a view to promoting competition and improving the execution of competition protection legislation in the telecommunications sector. (NR) Article 22. .. V- to approve bidding documents, standardize the awarding of contracts, such as making decisions on the extension, transference, intervention, and cancellation of service provision concessions in the public regime, in compliance with the program approved by the Executive Branch. It may also recommend to the Granting Authority the annulment or expiration of those concessions. Article 24: Management Council members shall serve for a four-year term. (NR) Article 83: Service exploitation rights in the public regime must have been previously awarded, through concession, to exercise the right to use the necessary radio frequencies, in compliance with the regulations. (NR) Article 89: The bidding shall be subject to discipline and its procedures shall be implemented by the Agency, through delegation, following constitutional principles, the dispositions herein provided, the guidelines established by the Granting Authority and, particularly: (NR) Article 93. (NR) IX- Rights, privileges, and obligations of users, Granting Authority, Agency, and Concessionary. (NR) Article 97. .. Sole paragraph: Prior to the approval stipulated in the caption of this Article, the competition protection bodies must express their opinion, as long as the observations originating from such actions are in agreement with the provisions of Law No. 8884 of 11 June 1994. (NR) Article 98: The concession contract may be transferred after approval by the Granting Authority once the Agencys views have been taken into consideration, as long as, cumulatively: (NR) Article 99. .. §1: The extension of the concession term shall imply payment, by the concessionary, of the rights for service exploitation and use of related radiofrequencies, and may, at the discretion of the Granting Authority, and proposal by the Agency, include new conditions, taking into consideration the conditions that are in force at that time. .. §3: In case there is a proven need to reorganize the purpose or area of the concession to adjust the general bidding plan or the regulation in force, the Granting Authority, having taken into account the Agencys views, may not authorize the extension request. (NR) Article 114: The expiration of the concession shall be ordered by the Granting Authority and proposed by the Agency, based on the following scenarios: (NR) Article 116: The cancellation shall be ordered by the Granting Authority and proposed by the Agency, in case of irremediable and serious irregularities in the concession contract. (NR) Article 118: Permission shall be awarded by the Granting Authority, and proposed by the Agency, to provide telecommunication services in face of exceptional compromising circumstances related to service operations that, depending on the circumstances, cannot be appropriately addressed or provided within an adequate timeframe through an intervention in the concessionary firm or in the granting of a new concession. (NR) Article 22: Law No. 9478 of 1997 enters into force with the following amendments: Article 2. .. §1 In exercising its authority, the CNPE and the Ministry of Mines and Energy shall receive technical support from the energy regulating agencies. (NR) Article 2.A: The Granting Authority shall: I- elaborate, in accordance with the energy policy defined by the CNPE, the concession plan to be followed in the bidding procedures for the concession of exploitation, development, and production of petroleum and natural gas; II- prepare the bidding documents and promote tendering for concessions for exploitation, development, and production of petroleum; III- enter into contracts that may result from the above actions. §1: The activities indicated under items II and III may be delegated to the Agency, at the discretion of the Minister of Mines and Energy. §2: In exercising the competencies mentioned in items I and II, the Granting Authority shall take into consideration the views of ANP. §3: In exercising the competencies mentioned in items I, the Granting Authority shall delegate to ANP the implementation of bidding procedures, as stipulated in the regulations. (NR) Article 8: ANPs objective shall be to promote the regulation and oversight of economic activities of the petroleum industry, with the following responsibilities: (NR) IV- to promote bidding procedures for the concession of exploitation, development, and production and, by delegation of the Granting Authority, enter into and oversee the implementation of any subsequent contracts, in agreement with the regulations; (NR) Article 10: With a view to promoting competition and bolstering the effectiveness of protection legislation execution in the petroleum and gas sectors, ANP and the Brazilian System for the Protection of Competition bodies shall work closely and in compliance with the legislation. Sole paragraph: Regardless of the provisions in the above Articles caption, the Administrative Council for Economic Defense (CADE) shall notify ANP on the decision to apply sanctions due to infringements to the economic order by firms or individuals in the implementation of domestic fuel supply activities. The notification shall take place within a twenty four hour period after publication of the respective decision, so that ANP may take the corresponding legal actions. (NR) Article 23: Sole paragraph of Article 10, Law No. 9782 of 1999, enters into force with the following text: Sole paragraph. The Directors shall be Brazilian citizens, identified and appointed by the President of the Republic, with prior approval by the Federal Senate, according to the provisions of Article 52, III, f, of the Constitution, serving a term of four years, and re-elected for only one additional term. Article 24: Law 9961 of 2000 enters into force with the following amendments: Article 4. .. §4. With a view to promoting competition and increasing the effectiveness of protection legislation execution in the health regulatory sector, ANS and the Brazilian System for the Protection of Competition bodies shall work closely and in compliance with the legislation. Article 6. .. Sole paragraph: The Directors shall be Brazilian citizens, identified and appointed by the President of the Republic, prior approval by the Federal Senate, according to the terms of Article 52, III, f, of the Constitution, serving a term of four years, and may be re-elected for only one additional term (NR) Article 7: The Director-President of ANS shall be appointed by the President of the Republic, sworn in for a term of four years; and re-elected for only one additional term, as specified in Article 5 of Law 9986 of 18 July 2000. (NR) Article 25: Law 9984 of 2000 enters into force with the following amendments: Article 9. .. Sole paragraph: The Director-President of ANA shall be appointed by the President of the Republic, serving a term of four years, and re-elected for only one additional term, as per Article 5 of Law 9986, of 18 July 2000. (NR) Article 26: Law 9986 of 2000 enters into force with the following amendments: Article 5. .. §1: The President, the Director-General or the Director-President shall serve a term of four years and its term of office shall be terminated only in case of resignation, prosecution by a tribunal, or disciplinary administrative processes. §2: The regulations of each Agency shall provide for the replacement of the President, the Director-General, or the Director-President in case of regulatory impediment or injunction and also during the period preceding the appointment of a new President, Director-General, or Director-President. §3: The term of office of the President, the Director-General, and the Director-President shall be scheduled to take place anytime between 1 January and 30 June of the second-year mandate of the President of the Republic. §4: The former President, former Director-General, or former Director-President may not exercise his/her functions or provide any type of service in the sector regulated by the respective Regulatory Agency for a period of four months from the exoneration or the end of his/her tenure. Article 6: Advisors and Directors of the Regulatory Agencies shall serve a four-year term and may be re-elected for only one additional term. (NR) Article 16: Regulatory Agencies may request the services of civil servants and employees working in public administration bodies and entities. .. §4 The body or entity of origin of the civil servant or employee shall be compensated by payment of expenses related to salaries and social security obligations, as per §§ 5 and 6 of Article 93 of Law 8112 of 11 December 1990. (NR) Article 17. .. II- 65% (sixty five) percent of the compensation received for a position held at the Regulatory Agency, for the commissioned positions of Director, Executive Manager, Advisor, and Assistant. (NR) Article 27: Law No. 10233 of 2001 enters into force with the following amendments: Article 15-A: The Minister of Transportation shall oversee the compliance of decentralization guidelines and issue judgments on the infrastructure and operational structure segments of the Federal Transit Administration to be administered under the jurisdiction of the Ministry of Transportation: I. directly by federal public entities; II. by delegation to States, Federal District and Municipalities; III. by granting authorization, concession, or permission. (NR) Article 16-A: The Minister of Transportation shall establish guidelines according to the terms and thresholds stipulated in the valid legislation dealing with the pricing policy to be applied in granting service concessions and exploitation of infrastructure of the Federal Transit Administration under the jurisdiction of the Ministry of Transportation. Sole paragraph: The guidelines mentioned in the caption of this Article shall necessarily contain definitions related to: I. standards for toll collection in federal roads; II. norms for readjusting and revising transportation service fares (NR) Article 17-A: The Granting Authority shall: I. elaborate the concession plans, based on specific economic and technical feasibility studies, for the exploitation of infrastructure and the provision of transportation services; II. promote bidding procedures to engage concessionaries or permissionaries that provide services in the road, railway, and water transportation sectors; III. publish concessions and permissions granting acts and enter into the respective agreements, as well as take the necessary administrative measures to carry out these actions; IV. support studies on intermodal transportation logistics in production flows or centers. §1: In exercising its authority, as stipulated in items I, II, and III, the Granting Authority shall previously seek the opinion of ANTT or ANTAQ, as may be the case. §2: In exercising its authority, as stipulated in item II of this Article, the Granting Authority shall delegate the implementation of bidding procedures to ANTT or ANTAQ, in accordance with the regulation. §3: Entering into contracts and issuance of permissions referred to in item III of this Article may be delegated to ANTT or ANTAQ, as may be the case. (NR) Article 19-A: As a specially-assigned faculty in water transportation, the Ministry of Transportation shall appoint the president of the Ports Authority Council, as referred to in item a, subsection I, Article 31 of Law 8630 of 25 February 1993. (NR). Article 22. .. §1: ANTT shall coordinate with the Ministry of Transportation and related Agencies the adoption of resolutions regarding the interfacing of land transportation services and other means of transportation, aiming at a more economic and safe intermodal transportation of people and goods. (NR) Article 23. .. §1: ANTT shall coordinate with the Ministry of Transportation and related Agencies the adoption of resolutions regarding the interfacing of water transportation services and other means of transportation, aiming at a more economic and safe intermodal transportation of people and goods. (NR) Article 24. (NR) IV- develop and publish rules and regulations related to the exploitation of roads and terminals, in agreement with policies established by the Ministry of Transportation, ensuring equal access and use, and the provision of transportation services, keeping schedules established and promoting competition; V- by delegation to the Granting Authority, and according to Article 2 of Law 8987 of 13 February 1995, publish acts canceling infrastructure and land transportation service rights and manage the respective contracts and other administrative instruments; .. VII- to revise and readjust fares for services rendered, according to contractual dispositions, previous notification to the Ministries of Transportation and Finance, at least 15 calendar days in advance; (NR) Article 25. .. I- through delegation by the Granting Authority, to publish bidding documents, revise tenders and enter into concession contracts for the provision of railway transportation services, allowing the linkage of operational assets with leasing contracts; .. III- through delegation by the Granting Authority, to publish bidding documents, revise tenders and enter into concession contracts for the construction and exploitation of new railways, with reversing clauses to the Union concerning the operational assets that have been built and installed; (NR) Article 26. .. I- Through delegation by the Granting Authority, to publish bidding documents, revise tenders and enter into concession contracts for the provision of interstate and international passenger federal roadway services. V- through delegation by the Granting Authority, to publish bidding documents, revise tenders and enter into concession contracts for federal roadways to be exploited and administered by third parties; (NR) Article 27. .. IV- prepare and publish rules and regulations related to the provision of transportation services and to the exploitation of water and ports infrastructure, in accordance with the policies established by the Ministry of Transportation, ensuring equal access and use and securing user rights and promoting competition among operators; V- through delegation by the Granting Authority, to award concessions and authorize the provision of transportation services by businesses that operate in the areas of river and lake transportation, water crossings, marine and ports support services, coastal and long-course transportation; in agreement with Articles 13 and 14, managing the respective contracts and other administrative instruments; .. VII- approve proposals for the revision and readjustment of fares submitted by Port Administration offices, previous notification to the Ministries of Transportation and Finance at least fifteen calendar days in advance; .. XV- promote bidding procedures, revise tenders, and, by delegation of the Granting Authority, enter into concession contracts for the exploitation of organized ports, in agreement with Law No. 8630 of 25 February 1993; .. XXV- through delegation by the Granting Authority, award concession contracts for the exploitation of water and port infrastructure, managing, and overseeing the execution of the respective contracts and other administrative instruments. (NR) Article 28: The Ministry of Transportation, ANTT and ANTAQ, in their respective areas of action, shall adopt the rules and regulations defined in this Law for the different types of concessions as stipulated in Articles 13 and 14, with a view to: (NR) Article 29: Authorization, concession, or permission for the provision of services and for the exploitation of domestic land and water transportation infrastructure may only be obtained by businesses or entities that are legally constituted under the Brazilian legislation, headquartered and administered in the country, and complying with the technical, economic, and legal requirements established by the Ministry of Transportation or by the respective Agency, strictly within the scope of their competencies. (NR) Article 30. .. §1: The transfer of concession ownership shall only be made through previous written authorization by the Ministry of Transportation, as proposed by the respective Regulatory Agency, and in agreement with item b, subsection II of Article 20. (NR) Article 31: With a view to promoting competition and increasing effectiveness in the implementation of the competition protection legislation in the regulated sectors, ANTAQ, ANTT, and the competition protection bodies shall work in close collaboration and in compliance with the legislation. (NR) Article 33: The authorization, concession, or permission procedures published and entered into by the Ministry of Transportation, ANTT, or ANTAQ, each of which shall act strictly within the scope of its competencies, and shall comply with the dispositions of Law 8987 of 13 February 1995, subsections II, III, IV and V of this Section and supplementary regulations. (NR) Article 34-A: The concessions to be granted by the Ministry of Transportation, or through delegation, by ANTT or ANTAQ, for infrastructure exploitation, whether or not preceded by public works, or for the provision of railroad transportation associated with infrastructure exploitation, shall be of an exclusive nature with respect to their purpose and shall be preceded by tendering enforced by valid legislature. (NR) Article 38: Permissions to be awarded by the Ministry of Transportation shall be applied to the regular provision of passenger transportation services that are not dependent on infrastructure exploitation or that have no exclusivity rights in the routes, having also to be preceded by a bidding procedures ruled by the valid legislation. (NR) Article 39. .. VIII- standardized procedures and detailed accounting statements to follow up and oversee authorized activities and for contract auditing purposes; (NR) Article 41: As demand increases, the Ministry of Transportation may authorize the use of higher-capacity equipment, as well as new frequencies and schedules, according to the terms of the permission granted and as stipulated in subsection III of §2, Article 38. (NR) Article 53. .. §2: The Director-General shall be appointed by the President of the Republic to serve a four-year term and re-elected for only one additional term, as established in Article 5 of Law 9986 of 18 July 2000. (NR) Article 78-A. .. §1: In the application of the sanctions previously mentioned in the caption of the above Article, ANTAQ shall comply with the dispositions of Law 8630 of 1993, including those related to the faculties of the Ports Administration and the Ports Authority Council. §2: The application of sanctions described in subsection IV with respect to concessions shall be the responsibility of the Ministry of Transportation by proposal received from ANTT or ANTAQ, as may be the case. (NR) Article 28: §2 of Article 8 of Provisory Measure No. 2228-1 of 2001, enters into force with the following text: §2: The Director-President of ANCINE shall be appointed by the President of the Republic, shall serve a four-year term, and may be re-elected for only one additional four-year term, as specified in Article 5 of Law 9986 of 18 July 2000. (NR) Article 29: Within a ninety-day period after publication of this Law, the Executive Branch shall republish an amended version of Laws 9427 of 26 December 1996, No. 9472 of 1997, No. 9478 of 1997, No. 9782 of 1999, No. 9961 of 2000, No. 9984 of 2000, No. 9986 of 2000, and No. 10233 of 2001, with the respective amendments included therein. Article 30: One Ombudsman position for each of the following is hereby created: the National Electricity Agency (ANEEL), the National Petroleum Agency (ANP); and the National Water Agency (ANA). Sole paragraph: To comply with the dispositions referred to in this Articles caption, the following vacancies were created in the respective Regulatory Agencies: one position in the Executive Management (CGE II), one commissioned position in Support Services (CAS‑II), and one commissioned position in the Technical office (CCT-IV) Article 31: Observations or comments made by competition protection bodies on issues contained in §1 of Article 7, as well as in the sole paragraph of Article 97 of Law No. 9472 of 1997, must follow the dispositions of Articles 15 to 18 of this Law. Article 32: The commissioned positions related to Management, Executive Management, Advisory Services, and Support Services of the Regulatory Agencies must comply with the dispositions contained in Article 17 of Law No. 9986 of 2000. Article 33: The timeframe for termination of mandates of current Directors, Advisors, President, Director-General, and Director-President of Regulatory Agencies are maintained. Article 34: Once this Law enters into force, the mandates of the President, Director-General, or Director-President of Regulatory Agencies may be established for a maximum period of four years with a reelection of only one additional term, in order to promote the implementation of the dispositions contained in Article 5 of Law 9986 of 2000 as drafted in this Law. Article 35: This Law enters into force on the date of its publication. Article 36: The following dispositions are hereby revoked: §1, Article 4, Law 9427 of 26 December 1996; subsection II, Article 19; Article 24 and 42, Law 9472, of 16 July 1997; sole paragraph of Article 10, Law No. 9782 of 26 January 1999; sole paragraph of Article 6, Law No. 9961 of 28 January 2000, and subsection II of sole paragraph of Article 24; subsections I and III of Article 25; subsections I and VI and §§2, 3, and 4 of Article 26; and subsection XV, §3, Article 27, Law No. 10233 of 5 June 2001. Brasilia, |