ANP public consultation on the amendment of the resolution regarding third-party access to terminals that handle oil, derivates and biofuels

The Board of Directors of the National Agency of Petroleum, Natural Gas and Biofuels – ANP approved, on 02 December 2021, the public consultation and hearing on a draft resolution to amend ANP Ordinance No. 251/2000.

ANP Ordinance No. 251/2000 regulates the indiscriminate access of third parties to waterway terminals for handling of oil, derivates and biofuels. The proposal to amend ANP Ordinance No. 251/2000 was prepared based on the results of Public Consultation and Hearing No. 01/2020, held in late 2020.

The main changes include: (i) the extension of the owner’s right of preference to concessionaires of public ports; (ii) the prevalence of free negotiation, with intervention by the ANP in case of conflicts; (iii) the change of the routine regarding submission of information to the ANP, which would be made on a monthly basis monthly instead of daily; (iv) the payment of the operator in case of reservations for use that are made and unjustifiably not performed; and (v) priority for contracts involving long transportation pipelines (larger than 15 km).

The Public Consultation will last for 45 days and, according to the ANP a decision on the draft is expected to be issued by the end of May 2022.

Our team is available for further information on this matter.