The ANP starts today (11/30) a public consultation on the draft resolution amending ANP Resolution No. 791, of June 12, 2019, to include the forecast for reducing the individual annual goals of the fuel distributor within the scope of RenovaBio resulting from the withdrawal from the market for Decarbonization Credits - CBIOs by non-obliged economic agents and individuals.

The agents required to acquire CBIOs are the distributors of fossil fuels. Those who are not obliged may be other companies interested in mitigating their greenhouse gas emissions.

With the publication of Resolution CNPE nº 8, on September 10, 2020, the need arose for the ANP to regulate the form and procedures through which the individual targets of fuel distributors are reduced in the same proportion as the CBIOs withdrawn from circulation. market by non-obliged economic agents and individuals.

The draft resolution approved is intended to include in ANP Resolution No. 791/2019 the forecast of reducing the individual annual targets assigned to fuel distributors. It foresees that the retired CBIOs are discounted by an obligated party between the 1st of October of the previous year and the 30th of September, of each year, of these goals.

The setting of the proposed period aims at the reduction of the target, individualized by distributor, to be published by the ANP on its website on November 1, allowing the distributor to be aware of the exact number of CBIOs required to fulfill his mandatory target before of the deadline, which occurs on December 31.

Exception to this rule is available for the year 2020, the discount will be applied by the ANP when determining the fulfillment of the target, as there will be no time, due also to Law 13,848 / 2019, art. 9, so that all the procedural rite necessary for the publication of the new resolution is carried out, within the period provided as a general rule.

Another point that deserves to be highlighted in the draft in question refers to the possibility that CBIOs retired by distributors in quantities exceeding the goals established for a given year can be considered for the fulfillment of the goal of the subsequent year, not generating losses for the distributor, but the accumulation of positive balance of CBIOs on the CBIO Platform.

The draft will remain in public consultation for 15 days and the public hearing will take place on 12/21. The shorter consultation period is due to the urgency in approving it so that its effects can already be applied to the goal of the years 2019/2020, whose compliance period will end on 12/31/20.