The ANP continued to monitor the national supply market even with the Covid-19 pandemic. In the first half of 2020, 7,434 inspection actions were carried out across the country, resulting in 1,161 infraction notices and 247 interdiction notices.

The data were published in the Supply Inspection Bulletin in News - 1st half of 2020, available at http://www.anp.gov.br/publicacoes/boletins-anp/2396-boletim-fiscalizacao-do-abastecimento-em-noticias. Also available is the database used in the construction of the newsletter, with open data.

The publication presents the Agency's supply inspection work from January to June 2020, with data on actions, infractions and interdictions detailed by region, segment of economic agents and types of infractions, in addition to the treatment given to complaints received through the Ombudsman. of the ANP.

Most inspection actions (5,513) were carried out at fuel dealers, followed by LPG (cooking gas) dealers and fuel distributors. Agents from all segments regulated by the ANP were also inspected, such as LPG distributor, transporter-retailer-retailer (TRR), supply point, reseller and distributor of aviation fuels, ethanol producer, etc.

Notices 

The main irregularities that led to the issuance of infraction notices (notices) were: 1) failure to comply with ANP notification (32.6%); 2) not presenting a grant document (12.9%); 3) equipment absent or in disagreement with the legislation (11.3%); 4) commercialize or store a product that does not comply with the specification (8.4%); 5) trade with a quantity defect - “low pump” (7.6%); 6) not providing information to the consumer (6.7%); 7) acquire or dispose of the product from / to a source other than the authorized one (4.8%); 8) not meeting safety standards (3.7%); 9) not presenting or presenting information to the ANP at odds (2.2%); among others.

Interdictions 

During this period, 247 interdiction notices were drawn up by the inspection, in which there are records of 278 facts motivating the interdiction. It is noteworthy that an infraction notice may contain more than one fact that motivates the interdiction. Among the 278 motivating facts of interdiction, the following irregularities stand out: 117 records for selling fuel volume different from that indicated in the metering pump (42.1%); 59 records for commercializing or storing a product that does not comply with the specification (21.2%); 47 for not meeting safety standards (16.9%); and 39 for exercising regulated activity without authorization (14.0%), among others.

In cases of interdiction, when the causes cease, the establishment may be authorized by the ANP to return to operation, but it continues to respond to the administrative process initiated with the assessment and subject to the penalties provided for by law.

Quality assessments 

102 assessments were made for fuel quality (commercializing or storing product not in accordance with the specification). This irregularity was found in 1.4% of the total inspection actions carried out in the country in the first half of 2020. The main problems found in these cases were: for gasoline, the percentage of anhydrous ethanol (62.7%); for fuel ethanol, specific mass at 20 ° C / alcohol content (76.3%); and, for diesel oil, the biodiesel content (42.9%).

Notices by quantity 

In the period, the inspection also drew 122 assessments motivated by a metering pump with a quantity defect, that is, delivering less fuel to the consumer than registered. This irregularity was found in 1.6% of the total inspection actions.

Complaints 

The Bulletin also brings data on complaints made by the population to the ANP Ombudsman Service Center. In the first half of 2020, 7,568 complaints related to fuel supply were received, 86% related to the retail resale of automotive fuels, 13% to resellers of cooking gas (LPG) and the rest to other regulated activities.

Of this total, 6,661 manifestations presented complete information, in which 4,679 establishments were reported. The ANP analyzed and responded to complaints regarding 4,156 (89%) establishments, with the remaining 523 (11%) being in the planning stage.

The complaints of the population to the ANP Ombudsman Service Center can be made by calling toll-free 0800 970 0267 or by using the Fale Conosco page (http://www.anp.gov.br/fale-conosco).

Difference between assessment and interdiction 

In the event of irregularities in inspection actions, the economic agent is assessed and, in some cases, such as the sale of fuel outside the specifications of the ANP or security problems, it may suffer a precautionary ban (which lasts until it proves that the causes of interdiction have been remedied) and / or seizure of products.

The assessment carried out in the field initiates an administrative process, during which the agent has ensured by law the right to contradictory and ample defense. After the final judgment of the administrative process, if the irregularity is proven, the establishment receives a penalty in accordance with Law 9.847 / 99. Among the sanctions provided for is the fine, which can reach R $ 5 million.