The ANP and Petrobras signed on Tuesday (7/7), at the headquarters of the Office of the Attorney General of the Union (AGU), in Brasília, a Conciliation Agreement that establishes measures to bring 335 offshore wells into compliance with the requirements of the Technical Regulation for the Well Integrity Management System (RT-SGIP).

The agreement puts an end to the controversy related to the regulatory deadline for permanent abandonment or monitoring of wells that were in temporarily abandoned but unmonitored status, in offshore oil and gas fields. Under the terms of the instrument, Petrobras assumes responsibility for bringing the 335 covered wells into compliance, including the 76 whose management was transferred to other operators.

The wells will be considered compliant when they are in permanent abandonment, with well plugging, when applicable; in temporary abandonment with monitoring carried out in accordance with the regulations; or when they are used in field production, and therefore become monitored.

Semiannual schedule and risk-based prioritization

Implementation of the agreement must be completed by December 31, 2030, following an annual and semiannual schedule structured on the basis of the wells’ risk level. The measure will make it possible to prioritize interventions in the most critical wells and continuously monitor the progress of activities.

Every six months, Petrobras must meet minimum compliance targets by risk group and submit reports to the ANP on the services performed, the interventions planned, the monitoring and inspection results, and the status of environmental licensing. Implementation will be monitored by comparing the plan with the cumulative number of wells effectively brought into compliance.

Changes to the schedule will depend on technical justification and the ANP’s express approval. Failure to meet the semiannual targets and other obligations will be subject to the specific penalties provided for in the agreement.

Financial compensation and technical commitments

As a compensatory measure for the regulatory deadline flexibility, Petrobras will pay R$ 300 million in favor of the ANP. Of this total, R$ 105 million will be paid within 30 days after the last signature on the agreement. The remaining R$ 195 million will be paid in 48 monthly installments, adjusted by the Selic rate.

In addition to the financial compensation and the compliance of the wells, the agreement provides for technical and institutional commitments. Petrobras must deliver to the ANP copies of the results of geochemical analyses of oil samples from fields it operates, gathered since 1974, as well as information related to the company’s experience in investigating oil spills.

The Agency will also have access, for a period of 20 years, to a private international database with results of analyses of oil, rocks, and formation waters from various sedimentary basins. This data will enhance the ANP’s ability to identify the possible origin of oil in spill cases and strengthen its inspection and incident response activities.

Another commitment is Petrobras’ adherence to the Mutual Assistance Principles (MAP), a cooperation mechanism coordinated within the Brazilian Institute of Oil and Gas (IBP). MAP allows operating companies to mobilize specialized personnel, technical knowledge, equipment, and other resources to support the response to emergency situations, including well control loss events.

Petrobras will also have to make available, under the conditions set forth in the agreement, the tools necessary to carry out interventions in wells transferred to other operators.

Solution built over five years

The conciliation within the Federal Public Administration Mediation and Conciliation Chamber (CCAF), of the AGU, began in June 2021, after previous attempts at direct settlement between the ANP and Petrobras. The ANP formally joined the procedure in August of that year.

The discussions involved technical and legal teams from the ANP, Petrobras, and the AGU, and lasted approximately five years. In a presentation held in March 2024, about 27 meetings between the institutions had already been recorded. Consensus on the main elements of the agreement was reached in February of that year, followed by the consolidation of the text and the necessary technical, legal, and institutional approvals.

Public interest

The ANP Board unanimously approved the conciliation among the voting members. The Agency’s assessment considered that the mere application of administrative fines would not, by itself, ensure permanent abandonment or monitoring of the wells, nor would it eliminate the risks associated with their condition.

The conciliated solution was considered more effective because it combines the concrete compliance of the wells, the prioritization of interventions based on risk, semiannual monitoring, financial compensation, and the incorporation of permanent technical resources into regulatory activity.

The agreement demonstrates the possibility of using consensual solutions in regulation when they produce more effective results for the public interest, without preventing oversight, technical monitoring, and accountability in the event of noncompliance.