The ANP's Board of Directors approved today (13/5) a draft resolution that aims to improve the Agency's regulations for the fuel resale segment. The objective is to reduce the burden of economic agents that operate in the fuel market, to make innovation possible through new forms of action, to boost the offer by fostering new business arrangements, as well as to revise and simplify rules that have become disproportionate, without to neglect to protect the interests of consumers.

The draft resolution, which will be submitted to public consultation and audience, foresees the following changes:

Regulatory protection of loyalty to the flag 

The term "regulatory protection of loyalty to the flag" refers to the obligation, for service stations that have chosen to display the trademark of a fuel distributor, to only purchase, store and sell fuel supplied by that distributor. Flexibility of tutelage is being proposed. Without prejudice to the condition of flagged resale, in new contracts, there would be the possibility of installing a pump, or a set of non-exclusive pumps. Guardianship is now the protection of consumer preferences and is no longer an onerous way for the ANP to replace the Judiciary in guaranteeing contracts between individuals.

Supply outside the premises authorized for resale 

Currently, the automotive fuel dealer is prohibited from "selling and delivering automotive fuel to a location other than the retail resale establishment, and, in the case of the floating or marine reseller post, in areas adjacent to the retail resale establishment". A new way of acting in the resale is being proposed, which allows for delivery outside the premises of the gas station.

The hypothesis of canceling the authorization to operate due to the suppression of an interdiction seal 

This hypothesis, according to the resolution draft, would be evaluated based on the history of the post in the sector, plus other applicable penalties, in view of the act practiced by the agent.

Fuel pump prices 

The prices per liter of all commercial fuels sold are currently expressed to three decimal places in the price panel and in the metering pumps. It is being proposed to eliminate the use of the third decimal place, with the advantage of greater clarity in the presentation of prices to the consumer.

The approved resolution draft provides for the revision of ANP Resolution No. 41/2013 (establishes the necessary requirements for authorization to exercise the activity of retail resale of automotive fuels); of art. 1, paragraph 2, items II and III, of ANP Resolution No. 8/2007 (establishes the necessary requirements for authorization to exercise the activity of transporter-reseller-retailer - TRR); and arts. 32, paragraph 5, and 36, item II, of ANP Resolution No. 58/2014 (establishes the necessary requirements for authorization to exercise liquid fuel distribution activity).