Measure aims to ensure that companies meet the goals set to reduce greenhouse gas emissions and the mandatory volume of biodiesel mixed with diesel
The president, together with the Minister of Mines and Energy, announced a new decree that intensifies the supervision of the National Petroleum Agency (ANP) on fuel distributors. This measure aims to ensure that companies meet the goals set to reduce greenhouse gas emissions and the mandatory volume of biodiesel mixed with diesel. The decree states that the individual goal to be met by fuel distributors in its first year of operation will be fixed by ANP, “proportional to the number of months between the beginning of its activities and the end of the corresponding year, considering its authorized movement of products and the proportion of fossil fuels observed in the region of its performance”.
Among other points, the rules define that, in order to oversee biodiesel proof, ANP will establish the form of its own stock and third parties, acquisitions and biodiesel withdrawals compatible with the volume of diesel B, and will require the necessary documentation for inspection, including the period of submission of information.
The legislation provides that the fuel distributor must prove annually the compliance with his individual goal, under the terms established by ANP. By the decree, “in the event of non -comprehensive or partial compliance with the individual goal, in addition to the implications arising from the crime practice, the fuel distributor will be subject to a fine, to be applied by the ANP, proportionally to non -compliance, without prejudice to administrative and pecuniary sanctions and of a applicable civil and criminal nature”.
In this case, the fine will be equivalent to the amount of unchanged decarbonization credits, considered the highest monthly average of decarbonization credit prices in the exercise of non -compliance. The decree regulates last year’s law that created higher punishments to offenders and brings fines that can reach $ 500 million.
“ANP will include in the list of sanctions the defaulting distributor with its individual goal that has been sanctioned by decision of first instance in administrative procedure, observing the guarantees of the contradictory and the broad defense,” says the decree.
“The distributor who has his name included in the list of sanctions may pay his individual goals at any time by retirement of decarbonization credits and request the withdrawal of his name from that list, to restore the normality of commercialization and importation, without prejudice to the fine and other appropriate administrative sanctions,” he adds.
The ANP will have a period of five business days from the date of receipt of the request, to withdraw the name of the distributor from the sanctions list and to publish its update.
*Report produced with the aid of AI and Estadão Content
Posted by Fernando Dias
