Bento Albuquerque, of MME signed Ordinance nº 213, published in the DOU dated April 23, 2019, which establishes the rules for calculating the compensation to be owed to Petrobras for investments already made in the Atapu, Búzios, Itapu and Sepia fields (all in the region of the pre-salt polygon, located in the Santos Basin), which go to Auction for the Surplus of the Onerous Assignment Agreement on October 28.

The compensation was evaluated in a model used for the National Energy Policy Council (CNPE) to determine the parameters of the auction of excess volume to the Onerous Assignment Contract, according to Resolution nº 6/2019.

The payment of compensation as provided in Ordinance 213, will be made by new investors in the auctioned areas, as will become owners of the existing assets of Petrobras as a percentage proportional to their participation in the field, as the co-participation agreements that are signed with the state in the production sharing regime. The model also predicts that such compensation will be recoverable as a cost in oil by investors.

The calculation of the compensation to Petrobras should consider the price of a barrel of oil of US $ 72 / bbl and that of natural gas will be US $ 5 per million BTUs. The compensation amount will be updated from the date of signature of the Production Sharing agreement until the date of actual payment to Petrobras, according to the Ordinance.

The auction of the surplus of the Onerous Assignment scheduled for October had the signature bonus set by CNPE at R $ 106.5 billion. The winning companies will have to negotiate with Petrobras the other compensation parameters based on the criteria established in this Administrative Rule. This Ordinance represents an important step in the direction of competitiveness for the auction of surplus volumes of the Onerous Assignment.