ANP approves resolution on third-party access to essential infrastructure in the natural gas sector

At a meeting of its Board of Directors held on June 26, 2026, the Brazilian National Agency of Petroleum, Natural Gas and Biofuels (ANP) approved a resolution regulating non-discriminatory and negotiated third-party access to essential infrastructure in the natural gas sector, in compliance with Article 28 of Law No. 14,134/2021 (the New Gas Law). The regulation covers liquefied natural gas (LNG) regasification terminals, production outflow pipelines, and natural gas treatment and processing facilities, and constitutes the first rule issued by ANP on this subject.

Unbundling and owner preference

The regulation establishes the requirement of accounting separation between the operation of essential infrastructure and the other activities performed by the regulated agent, with additional requirements applicable to vertically integrated agents. It also provides for the periodic review of the volumes over which the owner holds preference for the movement of its own products, which may remain stable or be reduced at each review cycle.

Negotiation procedures and transparency

The resolution sets forth specific deadlines and procedures to be observed in negotiations between operators and interested third parties, under ANP’s supervision. Operators must prepare codes of conduct and access practice rules containing the principles and procedures applicable to non-discriminatory access. ANP is responsible for defining the minimum information to be disclosed by operators and the corresponding deadlines.

Capacity management and dispute resolution

The regulation imposes upon operators the mandatory offering of interruptible services with respect to idle capacity, in addition to the voluntary adoption of congestion management and capacity hoarding prevention mechanisms. In the event of disputes between operators and third parties, ANP will act with preference for mediation or conciliation.

Next steps

The resolution arises from Action 2.4 of ANP’s Regulatory Agenda for the 2025-2026 biennium, the schedule of which has been extended through December 2026 to encompass the issuance of a specific complementary rule on the resolution of disputes regarding access to essential infrastructure. Continued monitoring of ANP’s subsequent acts will be relevant to market participants.

The Energy and Natural Resources team at CMA remains available to provide further clarification on this matter.