The National Agency of Petroleum (ANP) is investigating two cases of oil companies in the sector that showed atypical behavior of oil selling price, also called the reference price, coinciding with the minimum price. The cases are being examined by the technical department of the agency, but there is no conclusion, said yesterday (10), in Rio de Janeiro, the ANP director, Waldyr Barroso, after a public hearing that discussed the revision in the calculation of paid oil royalties the Union, the states and municipalities.

The lawsuits were filed four months ago and are at the appraisal stage, with no deadline for completion. Barros warned that the fact of being investigated does not mean that the company is doing a wrong act. "We can only say that after investigation and given wide contradictory defense."

The director of ANP reported that, according to the legislation in effect in the country, for the payment of royalties on the oil produced is used the greater of the sale price and the minimum price. "We always use the most that, in general, is the selling price, which reflects a price above the minimum price." What happened, he said, is that from a certain time, "it was equal." According to the Legislative Assembly of the Taxation Committee of Rio de Janeiro (Alerj), that has occurred since 2013. Until that date, the sale price was higher than the minimum price.

Barroso explained that the ongoing analysis can determine if that product is being sold at the price stated in the note or if this price is being undervalued. "That's what is being assessed." Today, the ANP does not have access to invoices of transactions made by the oil companies to third parties and argues that there is a rule that makes it a must. "The value must have a corresponding record in the company. If this happens, the ANP believes that the situation is OK. The problem is that we do not have that information. " The company will have to explain the allocation of oil sold and if it becomes confirmed the irregularity, the company will suffer penalties. "This value must appear."

In assessing the Executive Secretary of Exploration and Production of the Brazilian Institute of Oil, Gas and Biofuels (IBP), Antônio Guimarães, while not found something irregular, ANP "can not punish everyone preventively", by increasing the minimum price "as if that would solve the problem." He said the ANP is not lawful want to see Invoice third parties relating to business centered in another country.

Royalties

The debate on the review of the calculation of oil royalties paid to the Union, the states and municipalities generated controversy at the public hearing. The ANP studies on the resolution of the correction in the calculation of royalties show that the variation of minimum prices was on average 6%. "This does not mean that I will have increased the transfer to states and municipalities, because the sale price would be higher. The resolution was innocuous, "Barroso said. The review process was initiated in 2015, but eventually suspended earlier this year by the National Energy Policy Council (CNPE). He says that, in practice, would not have much variation, although the IBP ensure that the review would generate increased revenues of R $ 2.2 billion, based on average prices last year.

The IBP believes that the revision will increase by about 6.5% payment of royalties and special participations, moving away from industry investors and may also be a reduction of revenue in some states and municipalities. The ANP audits in production fields, but will not take decisions alone, since it is the federal government has the prerogative to elaborate pricing policy.

The ANP is reviewing the parameters for the calculation of royalties, but the IBP considers that this is not the time to make changes due to the crisis. Guimarães said that the country needs to review its "attractive package", including to succeed in the auction of oil next year. In his view, it is for the Union to promote any change in the calculation of royalties.

Autonomy

The Economic Development Secretary of State of Rio de Janeiro, Marco Capute reaffirmed the position of the Rio de Janeiro state government in defense of the correction of the calculation of royalties by the ANP, as well as the independence of the body for it. He says the committed amount has to be as close to the international market, which would not be happening. The fix, he said, will set the prices and can inhibit malpractice.

The correction will make a better grip of the value of oil produced to the international market, in order to recover the losses incurred not only by producing states and municipalities, but the Union says Capute. "A correction is necessary also because the domestic oil worth more and therefore it has to be paid at fair value". The review of the formula may represent a gain of R $ 1 billion per year for the state of Rio de Janeiro and border municipalities.

The chairman of the Alerj Taxation Committee, Deputy Luiz Paulo (PSDB), who also participated in the public hearing, contends that the ANP is autonomous and independent to promote the correction of the calculation. "It's her responsibility," he said, noting that the Minister of the Federal Supreme Court (STF), Luiz Fux, when granted an injunction suspending the resolution of the CNPE, he decided that the ANP had autonomy to reshape the calculation. Fux has run until November 10 so that a solution is found. To Luiz Paulo, IBP "is against history."