ANP started yesterday (9/22) a public consultation, for 45 days, on a punctual review of Resolution ANP nº 58/2014, with the objective of definitively prohibiting the sale of hydrated ethanol (fuel ethanol) between two authorized distributors. The ANP proposal foresees an amendment to article 30 of the resolution, which allows this type of commercialization, but in its sole paragraph it authorizes the Collegiate Board, through Order published in the DOU, to prohibit this type of operation indefinitely, which comes occurring since 2017.

The ANP's motivation to ban this type of trade in recent years is based on market studies that have pointed to the increase in sales of hydrated ethanol among distributors, with the objective of obtaining a competitive advantage through default and ICMS evasion. With the prohibition adopted by the Agency in recent years, it was found that there was a change in the agents receiving this type of operation and that not only did the volume traded drop dramatically, but also the number of agents that do this type of operation decreased.

The purpose of the review is to definitively change the resolution regarding hydrated ethanol, in order to remedy any regulatory failure, since the exception of the paragraph that prohibits the sale of fuel between two distributors ended up perpetuating itself as a rule . The ANP proposal has the support of State Finance Secretariats and class representatives.

After the public consultation period, which will allow market agents and other interested parties to send suggestions and comments on the topic to the ANP, there will be a public hearing, by videoconference, on 10/27.