The Brazilian National Agency of Petroleum, Natural Gas and Biofuels (ANP) submitted a proposal to public consultation intended to improve the rules for E&P investment obligations in Research, Development, and Innovation (RDI) activities. It covers renewable energy topics and startup innovation.



Public Audience n.º 13/2021 from the Brazilian National Agency of Petroleum, Natural Gas and Biofuels (ANP) submitted a draft resolution intended to improve the conditions for company investment obligations in Research, Development, and Innovation (RDI) activities, which are required of E&P companies operating in Brazil, and ruled by ANP Technical Regulation n.º 3/2015.

The amendment seeks to streamline specific regulatory provisions, and expand the definitions of RDI investment, intending to cover renewable energy topics and innovation in the Oil & Gas sector. In relation to the streamlining of the regulatory provisions on RDI investment obligations, the draft resolution adds conditions and procedures for managing such obligations, designed to reduce risk and regulatory costs.

In relation to the improvement of RDI definitions, the draft resolution includes provisions on renewable energy, energy transition, and decarbonization of the Oil & Gas sector – the promotion of which may be classified as RDI expenditures. Additionally, it incorporates the ruling of Resolution n.º 2/2021 from the National Council for Energy Policy (CNPE), related to the prioritization of listed renewable topics (see more in the 22nd edition of the Regulatory Report).

Also related to the improvement of RDI definitions, the draft resolution enacts an entrepreneurship program focused on the development of startups in the Oil & Gas sector – defied under the legal framework for Startups (Complementary Law n.º 182/2021, see more in the 25th edition of the Regulatory Report). Contributions to startup companies, under the coordination of specific innovation institutions, may be classified as RDI expenditures. The draft resolution also includes provisions for micro and small enterprises (MSEs) operating on the E&P supply chain.

Contributions can be submitted to this e-mail address, using this template form, until September 30. A public hearing will be held on October 18. The draft resolution and more information are available at ANP’s website.