Yesterday (9/15) the ANP Board of Directors approved the holding of a public consultation for 45 days, followed by a public hearing, on a draft resolution that amends ANP Resolution No. compliance with the mandatory percentage of biodiesel to diesel oil provided for in Law No. 13,033, of September 24, 2014.

The measure complies with the Resolution of the National Energy Policy Council (CNPE) No. 14/2020, which established that all biodiesel necessary to meet the mandatory percentage of blending with diesel oil would be contracted through a commercialization model that replaced the public auctions held until then. by the ANP.

ANP Resolution No. 857/2021 put an end to public biodiesel auctions and established the biodiesel supply contract regime and spot market transactions, as a new model for the commercialization of biodiesel between producers and distributors of biodiesel. liquid fuels.

CNPE Resolution nº 14/2020 also established a transition period of 12 months, counting from the entry into force of the new biodiesel commercialization model (occurred on 01/01/2022), in which all biodiesel commercialized should be exclusively from production units authorized by the ANP.

Thus, for the purpose of the mandatory blending of biodiesel with diesel oil, during the period from 01/01/22 to 12/31/22, biodiesel may only be used from a national production unit authorized by the ANP (without prejudice to possible authorizations from the Agency , on an exceptional basis, commercialization of imported biodiesel, as described in §5 of article 1 of CNPE Resolution No. 14/2020). As of 01/01/23, when the exceptionality period will expire, imported biodiesel may be used, in addition, to meet the mandatory percentage of biodiesel to diesel oil provided for in Law No. 13,033, of September 24, 2014 .

The ANP regulates the foreign trade activity of biofuels, oil and its derivatives and natural gas, and regulates the procedure for prior consent of import and export requests, through Resolution No. 777/2019. As this normative act brings in itself the limitation to the commercialization of imported biodiesel, being possible only for the purchaser's own consumption purposes or for experimental use authorized by the ANP, it will be subject to change so that the regulatory barrier for the use of imported biodiesel in the mandatory blend in diesel oil is removed.

Since the draft resolution that will be submitted to public consultation and hearing deals with a normative act aimed at disciplining rights or obligations defined in a hierarchically superior norm (CNPE Resolution No. 14/2020) that does not allow, technically or legally, different regulatory alternatives ( Decree 10,411/2020), the ANP Board of Directors approved the exemption from carrying out a Regulatory Impact Analysis (AIR) prior to the regulation of biodiesel imports to meet the mandatory percentage of biodiesel in diesel oil.