The ANP starts today (12/11) the holding of a public consultation for a period of fifteen days, followed by a public hearing, for social participation on the proposal for a specific amendment to ANP Resolution No. 848/2021. The proposal consists of extending the deadline for submitting an application regarding the execution and proposal of a Term of Adjustment of Conduct (TAC) for the sanctioning processes in progress on the date of publication of ANP Resolution No. 848/2021, considering the publication of the Resolution CNPE nº 13/2021 of the National Energy Policy Council (CNPE). The consultation/hearing was approved at a meeting of the ANP Board held yesterday (11/11).

ANP Resolution No. 848/2021 provides for the execution of TAC related to non-compliance with the clause of local content of extinguished oil exploration and production contracts or with closed phases. CNPE Resolution No. 13/2021, published on 9/28, expanded the activities that can be committed and defined minimum percentages to be exceeded for the purpose of complying with TACs.

Local content commitments are those assumed by companies, in oil and natural gas exploration and production contracts, to contract a minimum percentage of national goods and services. ANP Resolution No. 848/2021, published on 7/15, provides for the possibility of signing TACs by companies, in replacement of the payment of fines for non-compliance with local content commitments, in certain cases, for the realization of new investments in goods and national services, in order to stimulate the Brazilian industry.

In order for a TAC to be signed, there must be a sanctioning process, and that this process is related to contracts that could not be amended by ANP Resolution No. 726/2018, charging a fine for non-compliance with these commitments. The idea is exactly to replace the fine with new investment commitments in the local industry.

The execution of the TAC is optional for the operators. According to ANP Resolution No. 848/2021, the term may replace the sanctioning process, that is, this process will be filed when the term is signed. And, in case of non-compliance, the operator will pay a fine for non-compliance with the TAC.

After the period of social participation, the proposal to amend ANP Resolution No. 848/2021 will still go through the decision-making process of the ANP Collegiate Board, contemplating the improvements obtained.

Documents relating to the 24/2021 consultation are available at:https://www.gov.br/anp/pt-br/assuntos/consultas-e-audiencias-publicas/consulta-audiencia-publica/consulta-e-audiencia-publica-no-24-2021