The ANP Collegiate Board approved yesterday (1/10) public consultation, for 45 days, on the draft review of ANP Resolution 43/2009. The objective is to relax the restriction imposed by article 6 and, thus, reduce costs so that the plants can sell hydrous ethanol fuel (EHC), through the creation of a linked distributor. The public hearing on the topic will take place on a date yet to be defined, by videoconference.

The truckers' strike, which occurred in 2018, and the measures that were taken at the time to overcome the supply crisis, fostered discussions about the possibility of increasing market efficiency, allowing the sale of ethanol from the producer to the retailer, without the participation of the distribution link in the chain.

The theme has been widely discussed by the Agency since the opening of Public Contribution Taking No. 2/2018 (TPC No. 2) and the creation of a working group instituted by Ordinance No. 357/2018. Both initiatives pointed out that the only obstacle to the implementation of the measure is the eminent risk of competitive imbalance arising from the current tax arrangement.

Currently, federal PIS / PASEP and COFINS contributions are taxed on both the production link and the distribution link. The withdrawal of the distributor's mandatory participation in the chain would add a non-isonomic competitive advantage to the market, in addition to significant collection losses, since taxation already occurs at a maximum rate with no legal margin for compensation.

Guided by the guidelines brought by the National Energy Policy Council, through its CNPE Resolutions No. 12/2019 and No. 2/2020, ANP proposes the creation of a new regulated economic agent, the linked distributor. According to the draft in public consultation, this new regulated agent would be registered with the Agency and would be linked to the EHC supplier. Thus, it would have less restrictive authorization requirements, since the producer would have already met them at the time of authorization for the exercise of the production activity.

In this scenario, the ANP intends to give more option to the agents involved in the commercialization of EHC and to elaborate a norm more adherent to the market practice, bringing regional logistical gains and reducing regulatory costs imposed on the market, while maintaining the sector's competitive equality. through the payment of the same tax burden as PIS / PASEP and COFINS, regardless of the model adopted. The proposal is also concerned with ensuring the quality of the commercialized ethanol, as well as the movement control via recording in the electronic product movement information system (e-SIMP).

The amendment to ANP Resolution No. 43/2009 is part of the ANP Regulatory Agenda for the 2020/2021 biennium. The theme was the subject of a workshop in January this year and of debates involving various technical areas of the Agency, but part of the actions was delayed due to the situation of the Covid-19 pandemic. The public consultation and audience will resume discussions on the topic.