The Brazilian National Agency of Petroleum, Natural Gas and Biofuels (ANP) launched a public consultation on a draft resolution to improve the regulatory framework on the imposition of penalties for non-complying economic agents in the national supply of fuels.
Public Consultation and Audience n. 9/2021 from the Brazilian National Agency of Petroleum, Natural Gas and Biofuels (ANP) seeks to collect public contributions on a draft resolution designed to improve the regulatory framework on the imposition of penalties for non-compliance with the rules of the national supply of fuels, in accordance with Law n. 9.847/1999. Those rules are applicable to several economic activities, including domestic production, import, refining, transportation, storage, distribution and commercialization of oil, natural gas, fuels, and biofuels (not applicable to concession contract violations).
The proposal aims at improving the penalty structure in accordance with severity and reoccurrence, and is in line with the Law of Economic Freedom (Law n. 13.874/2019). It provides a clearer definition of background
(i.e., economic agents’ penalty background), non-compliance reoccurrence, and second non-compliance reoccurrence, which are currently provided by ANP Resolution n. 8/2012.
The proposal also clarifies the maximum time periods between non-compliance occurrences to characterize “reoccurrence”; the escalation of penalties due to background; and the criteria for imposing the penalties of suspension or repeal of ANP operation permits.
Public contributions can be submitted through this form until July 23. A public hearing will be held on August 19, where interested parties can participate, by registering through this form. The draft resolution and a technical note can be found at ANP’s website.
