CONAMA Resolution 292/02

CONAMA RESOLUTION 292, March 21, 2002
Published in Official Gazette 87 on May 8, 2002, Section 1, pages 330-331
Correlations:
• Changes Resolution No. 6/89 (revokes art. 2, 3, 4, 5 and ANNEX I)
• Revokes CONAMA Resolutions in 22/94 and 234/97
Regulates the registration and re-registration of Environmental Entities in the CNEA

The NATIONAL ENVIRONMENTAL COUNCIL-CONAMA, pursuant to the powers and competences conferred by law No. 6,938 dated August 31, 1981, regulated by Decree No. 99,274, of June 6, 1990, and bearing in mind the provisions of its Internal Rules and,

Considering the need to regulate, improve and streamline the registration process of environmentalist organizations which have as their main purpose the protection of the environment in all its aspects;

Considering that the National Register of Environmentalist Entities-CNEA, has been used as a reference for various activities involving non-governmental environmentalist organizations -NGOs, resolves:

Art. 1 For the purposes of this Resolution, environmentalist entities are non-Governmental non-profit organizations- NGOs that have as main objective, in their bylaws and through their activities, the defense and protection of the environment.

Sole paragraph. The following are not liable to registration as environmental entities, even engaged in any way to environmental causes:

I- commercial companies;
II- trade unions, associations or professional category representation;
III- service clubs;
IV – religious institutions or those aimed at dissemination of creeds, cults, devotional and confessional views and practices;
V- party and related organizations, including foundations;
VI – mutual benefit entities to provide goods or services to a restricted circle of associates or partners;
VII- the entities and companies that sell health plans and the like;
VIII- free private hospitals and their supporters;
IX- private schools dedicated to non-free formal education and its supporters;
X- social organizations;
XI- cooperatives;
XII-public foundations;
XIII- foundations, civil society or private law associations established by public agency or by public foundations;
XIV- credit organizations that have any type of binding with the national financial system referred to in art. 192 of the Constitution;
XV- those formed by set of people who mostly have a corporate bond of employment with the same and/or public or private organization;
XVI- residents ‘ association;
XVII- foundations which in their direction or deliberative body have most components with a corporate link employment with the same organization and/or conglomerate, whether public or private.

Art. 2 Only legally registered entities with CNEA shall participate in the electoral processes of CONAMA and FNMA.

Art. 3 It is hereby established the Permanent Committee of the CNEA, with the purpose of carrying out the registration, re-registration and the environmentalists entities at CNEA.

Art. 4 The Standing Committee will be composed of Directors of CONAMA and will have the following composition:

I- one representative from the environmentalist entities from each of the five geographic regions;
II- one representative of environmentalist entities nationwide.

§ 1 The substitution will be performed by other representatives from geographical regions and national environmentalist entities in CONAMA.

§ 2 The members and alternate members of the Committee shall be elected annually.

§ 3 The Committee shall be assisted by the Executive Secretariat of the Ministry of the Environment.

Art. 5 The registration registration renewal for the purposes of registration with CNEA is voluntary and will be performed by filling in the registration form, set out in the ANNEX to this Resolution, duly signed by the legal representative, accompanied by the following documents:

I- copy of the bylaws of environmental entity, duly registered in accordance with law, with the identification of the registry and the transcript of records in the document itself or a certificate;
II-in the case of a foundation, it shall produce a copy of the deed of establishment, duly registered with the registry of the municipality of its headquarters and proof of approval of its bylaws by prosecutors;
III- copy of minutes of the election of the directors in office registered with a notary public;
IV- copy of updated enrollment in the National Registry of Legal Entities (CNPJ), of the Ministry of Finance;
V-brief report of activities undertaken in the last year;
VI-a certificate or declaration that the entity is in full and regular functioning, provided by judicial authority or a member of the public prosecutor, or by three environmentalist entities in the region registered with CNEA;
VII-information of the number of associated and/or affiliates.

§ 1 The leader of the environmentalist entity who request registration or re-registration is responsible for the information provided.

§ 2 The requesting environmentalist entity should have at least one year of existence;

Art. 6 The request for registration, re-registration and/or data updating will be sent to the Executive Secretariat of the Ministry of the Environment, after the proceeding, will be referred to the Standing Committee of CNEA, for deliberation.

Art. 7 The environmentalist entity, registered re-registered, after the approval by the Permanent Commission of the CNEA, will have its registration approved by the President of the CONAMA through ministerial ordinance, published in the Official Gazette.

Art. 8. The Standing Committee of CNEA will have sixty days from the date of publication of this Resolution, to establish the procedures for registration and re-registration.

Art. 9 The environmentalist entities’ re-registration with CNEA will start on April 30, 2002.

Art. 10. For specific purposes, the registration of the register with CNEA will be considered indeterminate term.

Art. 11. Environmentalist entities registered with CNEA shall lose their registration when they do not update the data referred to in items I to IV art. 5 of this Resolution.

§ 1 The proposal of cancellation of registration shall be submitted to the Standing Committee of CNEA, which must notify the entity on which it is requested the cancellation of the registration.

§ 2 The environmentalist entity against which it is requested the cancellation at the registration will have sixty days from the date of receipt of the notification, to present its defense.

§ 3 After the period for defense has elapsed, a date for deliberation shall be scheduled on the request of cancellation at the registration, and the environmentalist entity invited to participate in the meeting of the Standing Committee at least ten days in advance.

§ 4 The cancellation of the registration referred to in this article shall be approved by the President of CONAMA and published in a ministerial ordinance in the Official Gazette.

§ 5 The entities currently registered with CNEA and which are listed in the sole paragraph of article 1 of this Resolution, will have their registration cancelled from April 30, 2003.

Art. 12. The environmentalist entity which had its registration cancelled may only apply for a new registration two years after the publication of the cancellation of its registration.

Art. 13. Omitted cases in this Resolution will be adopted by the Standing Committee of the CNEA.

Art. 14. This resolution shall enter into force on the date of its publication, and revokes art. . 2, 3, 4, 5 and ANNEX I of the CONAMA Resolution No. 6, of June 15, 1989, and CONAMA Resolutions No.22, of December 7, 1994 and 234, of December 17, 1997.

JOSÉ CARLOS CARVALHO-Council President


 

ANNEX – Form for registraion in the National Register of Environmetalist Entitites