Establishing rules for planting and trading
the soybean crops of 2004 and other resolutions.

THE VICE PRESIDENT OF THE REPUBLIC, present at the position of President of the Republic using the attribution which is conceded by the art. 62 of the Constitution, adopts the following provisory measure with force of law.

Art. 1^st. To the seeds from the soybean crops of 2003, reserved by the farmers for their own use, according to the art. 2^nd incise XLIII of law 10.711 from august 5^th, 2003 and which shall be planted until December 31^st, 2003 shall not apply the dispositions of the incises I and II of the art. 8^th, caput of the art. 10^th of the law 6,938 from august 31^st , 1981, related to the genetically modified species previewed in the code 20, annex VIII of the law 8,974 from January 5^th , 1995 altered by Provisory Measure 2,191-9 from august 23^rd , 2001 andpart3^rd of the art 5^th of the law 10,688 from July 13^th , 2003.

Single paragraph:. The commerce of the soybean grain from the crops of 2003 as seed, as well as its use as seed in property located in a distinct state from where it has been produced is prohibited.

Art. 2^nd. This applies to the soybean seized from the seeds related to the art. 1^st, according to the law 10,688 from 2003, restricting its commerce, until December 31^st, 2004 included.

Single paragraph: the existing storage after the established date on the caput shall be destroyed by means of incineration with full cleaning of the storage spaces to receive the crops of 2005.

Art. 3^rd. The producers covered by the text of the art 1^st, reserved the text of the art. 3^rd and 4^th of the Law 10,688 from 2003 will only be able to plant and trade de crops of 2004 if they sign a Commitment, Responsibility and Behavior Adjustment Term, according to legal rules in force.

Single paragraph: The Commitment, Responsibility and Behavior Adjustment Term will have the effectiveness of an extrajudicial executive title by as art. 5^th,part 6^th of the law 7,347 from July 24^th , 1985 and 585 incise VII of the Civil Process Code, it will be performed by the time of thirty day at last, counting from the publication of this Provisory Measure, at the Caixa Econômica Federal, Banco do Brasil S.A or Empresa Brasileira de Correios e Telegrafos (Post Office) agencies.

Art. 4^th. The Ministry of Agriculture, Cattle and Supply, by means of a bill, will be able to exclude the regimen of this provisory measure the soybean grains produced in areas or regions in where it can be assured that the presence of genetically modified organisms was not verified.

Single paragraph. The Ministry of Agriculture, Cattle and Supply can establish a cooperation instrument with the units of the Federation for the accomplishment of the head of legal text.

Art. 5^th The Planting and Trading of seeds related to the 2004 crops is outlaw, except in case of art 3^rd and 4^th of the law 10,688 from 2003.

Art. 6^th. The Official Financial Institutions are prohibited of funding varieties of genetically modified soybean obtained outlaw of the legislation in force.

Art. 7^th . the producer of soybean who do not subscribe The Commitment, Responsibility and Behavior Adjustment Term , according to the art 3^rd., do not present the certificate related to the art 4^th of the law 10.688 from 2003 not even be covered by the bill related to the art 4^th of this provisory measure will be prohibited to obtain funding and loans from official credit institutions and shall not obtain eventual tax or funding benefits and shall not be admitted to participate of programs of renegotiation or agreement of debts related to taxes and contributions instituted by the Federal Government.

Art.8^th the producers of soybean containing genetically modified organism that cause any harm to the environment or to others, including when contamination by hybridizing occurs , with no losses for the accomplishment of the penalties previewed by the legislation in force, shall respond together with the compensation or full reparation of the damage, independently of the existence of guilt.

Single paragraph: the responsibility previewed by this text will be accomplished to equally over the buyer of the soybean containing genetically modified organisms.

Art. 9^th. The producer of the soybean shall respond to all expenses of planting authorized by this provisory measure, including the expenses related to eventual rights of others.

Art. 10^th. It is forbidden the planting of soybean containing genetically modified organism in areas of conservation and respectively Indian land, watershed protection areas for public supply and areas considered fundamental for the conservation of the biodiversity.

Single paragraph: the ministry of the Environment shall define by a bill the priority areas for Biodiversity Conservation areas related in the text.

Art. 11^th. It shall be instituted, by the Executive, the Commission of Surveillance composed by representatives of Environment Ministry, Agriculture Cattle and Supply Ministry, Science and Technology Ministry, Agrarian Development Ministry, Industry and Exterior Commerce Ministry, Justice Ministry, The Extraordinary Ministry of Struggle against Hunger Office, ANVISA, IBAMA and coordinated by the Civil Office of the Presidency of the Republic, in order to follow up and supervise the accomplishment of the text of this provisory measure.

Art. 12^th. A Fee shall be applied, according the art 7^th of the law 10,688 from 2003, I case of disobedience of the text of this Provisory Measure and the Commitment, Responsibility and Behavior Adjustment Term, related on the art. 1^st.

Art. 13^th . This Provisory Measure shall be in force by the date of its publication

Brasília, September 25^th, 2003; 182^nd of the Independence e 115^th of the da Republic.

Refereed: Swedenberger do Nascimento Barbosa MP-SAFRA 2004(L3)