The Brazilian National Agency of Petroleum, Natural Gas and Biofuels (ANP) launched a second public consultation on the revision of ANP Ordinance n.º 251/2000, which regulates non-discriminatory third-party access to waterway terminals that handle oil, gas, and biofuels.



The Brazilian National Agency of Petroleum, Natural Gas and Biofuels (ANP) launched Public Consultation and Audience n.º 27/2021 to collect public contributions on the revision of ANP Ordinance n.º 251/2000, which regulates non-discriminatory third-party access to waterway terminals that are authorized by ANP to transport oil and gas, their by-products and biofuels, within or without port areas.

According to ANP, the revision aims at establishing free access to waterway terminals as a means to promote market competition, given that specific conditions are met. The revision also stems from the 2020 revision of the Ports Law (Law n.º 12.815/2013), which sought the promotion of market competitiveness in the maritime transportation sector.

The revision of ANP Ordinance n.º 251/2000 was previously the subject of Public Consultation and Audience n.º 1/2020 (reported in the 15th edition of the Regulatory Report), however, according to ANP, a second public consultation process is required due to the number of necessary adjustments to the first draft resolution.

The new draft resolution and technical notes are available on ANP’s website. Contributions may be submitted through this form until January 27, 2022. A public hearing will be held on March 22, 2022, in which interested parties may participate, subscribing through this form. ANP expects to enact the new resolution by June 2022.