Sector faces unfair competition due to legal uncertainty regarding sanctions involving carbon credits
Cross-checking data from the National Petroleum, Natural Gas and Biofuels Agency and reveals that 7 fuel distributors appear both on the list of defaulters and in investigations into the PCC (Primeiro Comando da Capital) scheme in the sector.
The names of the companies were not disclosed because they are protected by a court decision, which prevents public exposure until the end of the processes.
RenovaBio began fully operating in December 2019. Since then, the CBIOs market has grown significantly.
In 2020, around 15 million units were negotiated, with an approximate value of R$650 million. In 2024, the target of 39 million CBIOs was exceeded, with the creation of more than 42 million credits and a financial volume close to R$3 billion.
Each CBIO corresponds to the reduction of one ton of CO₂, and fossil fuel distributors are obliged to purchase these securities according to targets established by the ANP.
The , published by the ANP, prohibits the sale of fuels to distributors that are in default with their individual decarbonization targets.
The measure aims to prevent companies that do not purchase decarbonization credits from continuing to operate normally.
The president of the (Instituto Combustível Legal), stated that the crossing of cases shows a pattern of irregularities.
“These are companies that are on both ends. When you have a company with an injunction on RenovaBio and Carbono Oculto, it is a company that defrauds everything. They do not collect CBIOs, they adulterate the product, increase the methanol mixture, make wet ethanol”declared to the Poder360.
Fines for those who sell fuels with distributors included on the prohibited list range from R$100,000 to R$500 million. The penalty applies to producers, importers, formulators and resellers who fail to comply with the restriction.
INJUNCTION FAVORS DEFAULTS
However, a preliminary decision from the (Federal Regional Court of the 3rd Region) issued in August temporarily suspended the sanctions applied by the ANP to fuel distributors.
The order determined that the agency would refrain from imposing fines, operational restrictions and prohibiting the supply of products until it was proven that there was a sufficient supply of CBIOs on the market.
The measure had a general effect on the sector, which allowed defaulting companies to continue operating while they took legal action.
Kapaz said that the sector awaits a decision from the president of the (Superior Court of Justice), Minister Herman Benjamin, who could unify judicial decisions and revoke the injunctions that allow these companies to operate.
“Minister Herman Benjamin can, in a certain way, clear all these injunctions with a decision that pacifies everything. It is a legal decision, the law was approved and the publication of the list is feasible”he stated.
The executive also highlighted that the legal uncertainty causes between agents who meet the targets and those who go to court to continue selling fuels without paying off carbon credits:
“This is unfair competition in the vein. They make a 25 to 30 cent difference, or even more, depending on the situation, and this provokes a strong competitive discussion”these.
