A Nova Lei do Gás, que moderniza o marco legal do setor, foi regulamentada pelo Governo Federal. O decreto detalha e complementa as disposições da lei para esclarecer os termos e orientar a regulação e os agentes da indústria de gás natural, como a Agência Nacional do Petróleo, Gás Natural e Biocombustíveis (ANP).

Como explicou o Ministério de Minas e Energia, a Nova Lei do Gás abrange todos os elos da cadeia do gás natural, com exceção da exploração e produção, que são tratadas na Lei do Petróleo, e os serviços locais de gás canalizado, que é competência dos estados.

For this, it changes the market rules related to the transport, flow, treatment, processing, storage, conditioning, liquefaction, regasification and commercialization of natural gas in Brazil.

In practice, it came to encourage and foster the natural gas industry, with increased competition in the sector, expansion of the transport network, price reduction, dissemination of the use of natural gas and attraction of investments.

According to the Ministry of Mines and Energy, studies by the Energy Research Company indicate investments in the order of R$ 74 billion in infrastructure in the next decade and the generation of more than 30,000 jobs.

The secretary of Petroleum, Natural Gas and Biofuels, at the Ministry of Mines and Energy, José Mauro Ferreira Coelho, explains that the law brings several advances, such as rules for the construction of gas pipelines. “The construction of a transport pipeline will be carried out through the authorization process, which is faster and more efficient for the sector's dynamics than the concession regime of the previous law. The law also provides mechanisms for market deconcentration. So, finally, we will have a market with a plurality of agents and more investments”.

“There are more pipelines that connect natural gas production platforms to the continent, more transportation pipelines that carry gas to other states, more natural gas processing units and more liquefied natural gas terminals. With a diversity of companies, with new sources of natural gas supply, with the expansion of the gas pipeline network, the market will be more competitive. And this has a positive impact on all consumers," added the secretary.

According to the decree, the classification of gas pipelines will be classified according to technical criteria of diameter, pressure and extension. It also determines that the natural gas transport system may contain more than one capacity market area; and that the ANP will regulate the capacity market areas in order to favor the merger process between them. Carriers must designate the manager of the capacity market area to which they belong and provide for the possibility of changing the ownership of natural gas in custody.

According to the secretary, the New Gas Law will allow the expansion of the gas pipeline network to regions that are currently not served. “This gas, reaching homes and businesses, will be another alternative for preparing food and for heating shower water, lowering costs for citizens. And the results are already showing. Not only has the number of companies interested in loading, marketing and importing natural gas has increased, but several projects are being implemented, which demonstrates that the new natural gas market is already taking place in our country at this time of sanitary crisis that affects everyone world."

Natural gas storage 

According to the decree, the ANP will be able to liaise with other agencies to regulate the exercise of underground storage of natural gas in geological formations different from those that produce or have already produced hydrocarbons. The Agency will be responsible for regulating third-party access to underground natural gas storage facilities, subject to objective and transparent criteria.

The decree also determines that the residual extraction of liquid hydrocarbons during the exercise of the underground storage activity of natural gas will take place under a simplified regime, in accordance with the regulation of the ANP.

The agency will also be able to publicize the projects for the construction of gas pipelines and natural gas processing units, in order to enable coordination between the owners of the facilities and agents interested in access.

Distribution and sale of natural gas 

To avoid anti-competitive practices in the natural gas market, the ANP must establish, as a condition for obtaining and maintaining authorizations to exercise competitive activities in the natural gas industry, rules that prevent authorized companies from being able, for example, to influence commercial management and investment decisions of piped gas distributors.

The ANP must also monitor the operation of the natural gas market, ensuring transparency in relation to the formation of market prices; and regulate the organization and functioning of the wholesale natural gas market.

The National Petroleum Agency will also be responsible for preparing a diagnosis on the conditions of competition for natural gas and the concentration in the supply of natural gas in the country, and for taking the necessary measures to create incentives to increase competition.

National Pact 

The implementation of the necessary measures for the transition of the Brazilian natural gas industry to the new model must comply with the principles and guidelines of the National Energy Policy Council (CNPE). The Ministry of Mines and Energy and the ANP should liaise with the states to improve standards and develop the natural gas industry.

For the secretary of Petroleum, Natural Gas and Biofuels, the new law will help the economy to recover. “The New Gas Law represents a great contribution to the recovery of our economy, bringing good prospects for the natural gas market and for the Brazilian people, with investments, greater revenue and generation of jobs and income”.