This measure aims to optimize the national processing of patent applications, bringing Brazil into line with international practices and taking into account the contributions received during the Notice for Public Comments #1, 2023.

The BPTO believes that this new approach will bring a renewed dynamic to voluntary amendments to patent applications, contributing to a significant reduction in the time it takes to decide applications at the BPTO. This change will result in a more agile and reasonable patent system for all those involved in the country’s innovation process.

The Souto Correa team is available to provide full legal and technical support on this matter.

Access to the publication

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ANPD releases technical note on personal data treatment in the pharmaceutical sector

Technical Note No. 4/2022/CGTP/ANPD brings a series of findings on the use of personal data in the pharmaceutical sector. Through a study conducted by the General Coordination of Technology and Research (“CGTP”), irregularities were found in the treatment of personal data in the pharmaceutical sector, such as (i.) use of data for reasons other than those informed; (ii.) excessive collection of data; and (iii.) lack of transparency concerning the sharing of data with service providers. Therefore, it was determined that the CGF should open an inspection procedure and an analysis of the limits of consent as a legal base for granting discounts.

ANPD formalizes technical cooperation with the Development Bank of Latin America – CAF

To promote innovation, the ANPD signed a partnership with the Development Bank of Latin America (CAF) to prepare an instrument regulating artificial intelligence (sandbox). The program aims to encourage the development of technologies that will be tested and analyzed in controlled environments and implement good practices to ensure compliance with personal data protection regulations. In the specific case of the ANPD, the sandbox will gather inputs to improve the drafting of its regulations that may involve artificial intelligence. 

ANPD opens public consultation on the Regulation of Communication of Security Incidents with Personal Data 

The public consultation on the draft resolution regarding the Regulation of Communication of Security Incidents with Personal Data aims to regulate the provision of communication, indicated in Article 48 of the LGPD, which the controller should perform if a security incident that may lead the data subject to a situation of risk or relevant damage occurs.

Preliminary contribution to the public debate on the Brazilian Law of Freedom, Accountability and Transparency on the Internet

The ANPD has released its preliminary analysis of Bill No. 2630/20, establishing the Brazilian Law of Freedom, Accountability, and Transparency on the Internet. As main points, ANPD highlighted the need to: a) preserve ANPD’s competencies on the regulation, supervision, and application of sanctions to digital platforms regarding the protection of personal data and the right to privacy; b) express and restrictive indicate which data may be collected for criminal investigation purposes.

ANPD releases statement on the treatment of personal data of children and adolescents

The ANPD has released the Statemen CD/ANPD No. 1, of May 22, 2023, which brings some guidelines for interpreting Article 14 of the LGPD. According to the Statement, the processing of personal data of children and adolescents, taking into account the best interests of the minor, may be carried out considering the legal basis provided in the LGPD, such as the consent provided by the data subject, the fulfillment of a legal obligation, the protection of life, or meeting the legitimate interest of the controller.

Law enforcement determining the collection of racial-ethnic data of employees in the public and private sectors 

Law No. 14.5553/2023, which changes the Racial Equality Statute, was published. The purpose of the law is to make mandatory the collection of ethnic-racial data, which are considered sensitive data, of employees in the public and private sectors, to subsidize public policies for the promotion of equality in labor and the carrying out of censuses by IBGE. Here, the legal basis of compliance with legal and/or regulatory obligation and execution of public policies may be used by the controllers to authorize the treatment of sensitive data.

ANPD releases list of ongoing inspection processes

The ANPD has released a list of 16 processes and 27 institutions currently under investigation for compliance with the LGPD. The disclosure seeks to promote transparency and demonstrate that the inspection has been ongoing since the creation of the ANPD, even before the publication of the regulations. According to Fabrício Lopes, General Enforcement Coordinator, the dissemination of these enforcement proceedings is a commitment that the ANPD had already made for this first semester to provide transparency to the agency’s activities and communicate to society that enforcement has been ongoing since the creation of the ANPD, even before the publication of the enforcement regulations and the dosimetry regulations.

ANPD opens notice for the selection of civil society representatives to the CNPD

The announcements were republished in the Official Gazette of the Union for the nomination of civil society representatives to the National Council for Personal Data Protection and Privacy (CNPD). Entities have until July 3, 2023, to nominate their representatives via electronic petition. It is necessary to previously register as an external user and follow the guidelines of the External User’s Manual. After sending the documents, the registration will be released in up to three working days. The following steps include the selection of the representatives and their nomination by the President of the Republic. The news can be accessed via the link.

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March 17, 2023
Ministry of Mines and Energy creates a working group for the program ‘Gas to Employ’

During the first meeting of the National Council for Energy Policy (CNPE), the Minister of Mines and Energy, Alexandre Silveira, created the Working Group of the Gas to Employ Program (GT-GE) with the objective of increasing the supply of natural gas in the domestic market and improving the use, as well as social and economic return of national production. President Lula also reinforced the need to develop actions to stimulate natural gas. The GT-GE will study measures such as the implementation of the exchange of Union oil for natural gas, the development of a long-term pricing policy for Union natural gas and other measures to encourage the construction of infrastructure for the flow, processing and transport of natural gas.

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March 17, 2023
The National Energy Policy will have a new direction for refining, as determined by CNPE

The National Energy Policy Council (CNPE) revoked CNPE Resolution No. 9/2019, which established guidelines for the divestment process of refining assets in Brazil, aiming to expand the production of petroleum products in the country and ensuring national supply. The new decision aims to increase the operational efficiency of refineries, including reducing fixed costs and increasing the production of derivatives. In addition, the CNPE sees investment opportunities in modernization and expansion of refineries to ensure the protection of the interests of the Brazilian consumer regarding price, quality and supply of fuels. The new decision of the CNPE is anchored in the objectives of the National Energy Policy to preserve the national interest and ensure the supply of derivatives throughout the national territory.

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March 29, 2023
ANP will establish technical criteria for the definition of transport pipelines

ANP included an action in its Regulatory Agenda to establish technical criteria to define transportation pipelines, as required by Law No. 14,134/2021. The measure is important to avoid conflicts between different federal entities and bills in progress in the states involving the classification of distribution pipelines. ANP plans to interact with the regulated market and society to elaborate the regulation and make available a draft of the resolution for public consultation in 2023. The new regulation is expected to be published in mid-2024.

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March 30, 2023
ANP revises resolution that limits the storage services provided by producers of derivatives, and precautionarily suspends some of its articles

ANP approved a prior consultation to review articles 26 and 42 of ANP Resolution No. 852/2021, which regulates the production activity of petroleum and natural gas derivatives. The objective is to evaluate the impacts of the resolution on the market and society since its validity. Article 42 has been suspended and Article 26 will have its wording amended to allow producers of derivatives to provide storage service for products produced in other facilities. During the review, ANP will evaluate whether this change will be maintained. The suspension and the new wording allow the renewal of the current storage contracts and the isonomy to the entire market, while ANP decides whether the changes will remain definitively or not.

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Laws and Regulations – March News

March 17, 2023
Approved by the CNPE, resolution restores the blend of 12% of biodiesel into the diesel in april

The CNPE approved the increase of the biodiesel blend in diesel to 12% from April this year. The Resolution No. 3/2023 also sets out a gradual increase to 13 percent in 2024, 14 percent in 2025 and 15 percent in 2026.

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March 23, 2023
Precautionary measures related to fuel supply are revoked by ANP

ANP revoked the preventive measures to ensure fuel supply that were taken in November 2022 due to riots and roadblocks. Resolution No. 919/2023 enters into force on May 2, 2023, and gives time to economic agents to reinstate obligations before that date. ANP understood that the conditions that led to the publication of the measures have already ceased and that there are no risks, at the moment, to the national fuel supply.

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March 29, 2023
ANP approved amendment of resolution in order to address the reduction of cbio acquisition targets by distributors under the renovabio program

The ANP board of directors approved an amendment to ANP Resolution No. 791/2019 that includes provisions to address the reduction of individual targets of fuel distributors, in accordance with CNPE Resolution No. 08/2020. The amendment provides conditions and a system for the reduction of the individual annual targets of fuel distributors purchasing biofuels through supply contracts with biofuel producers holding the Certificate of Efficient Production of Biofuels issued under RenovaBio. The main changes of ANP Resolution No. 791/2019 include setting minimum contractual deadlines, multiplication of the volume of biofuel contracted and withdrawn by the CBIO emission factor corresponding to each biofuel producing unit, limitation of the reduction of the distributor’s individual target to 20% and annual calculation of compliance with the contract. The changes encourage long-term contracts with biofuel producers with a higher Energy-Environmental Efficiency Score, expansion of the production and use of biofuels and increased predictability of the CBIO market.

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Public Participation | Public Consultations and Public Hearings – March News

March 23, 2023
ANP – Previous Consultation No. 01/2023

Subject: Obtain subsidies on the draft resolution that will regulate authorizations for the packaging activity and logistical operations for the movement of liquefied natural gas – LNG in bulk by alternative modes to the pipeline.

Contribution Period: from January 26, 2023 to April 12, 2023 (extended).

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March 30, 2023
ANP – Previous Consultation No. 01/2023

Subject: Obtain contributions to the process of regulating negotiated and non-discriminatory access of interested third parties to runoff production pipelines, natural gas treatment or processing facilities and LNG terminals, as referred to in Article 28 of Law No. 14,134, of April 8, 2021.

Contribution Period: from January 31, 2023 to April 19, 2023 (extended).

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February 17, 2023
MME receives contributions to the Integrated Strategic Planning of 2023-2026

Until March 3, the MME was receiving contributions to the Ministry’s strategic planning for the next 4 years.

The object of planning, according to the Minister Alexandre Silveira, is to strengthen governance and sectoral integrity. According to the Ministry, after the deadline for contributions, they “will consolidate the information and validate the results in workshops with the business areas of the agency and its related entities”.

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February 23, 2022
ANP discloses list of requests to infrastructure access that were denied by the operators of waterway terminals

The ANP presented, for the months of October, November, and December 2022, all the access negatives forwarded by the operators of waterway terminals, as well as their justifications.

According to the Agency, in the mentioned months, 18 negatives of infrastructure access were issued in 7 different terminals, and there were no objections. In summary, the denial of access may occur when a terminal operator understands that the conditions necessary to meet the request of the carrier have not been met.

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Laws and Regulations – February News

February 9^th, 2023
Published Resolution that addresses the penalties in the fuel supply market

On February 9th, ANP published the Resolution No. 915/2023, addressing the penalties provided for in Law No. 9.847/1999. Among the main alterations, the new regulation revises the concept of second relapse provided in ANP Resolution No. 8/2012, as a penalty to economic agents operating in the fuel supply market.

Through the new resolution, ANP seeks to simplify the concept of second relapse, which consists of a practical offense after a definitive conviction characterized as relapse. It eliminates the problem that currently exists, which is the possibility of relapse and the second relapse occur at the same time.  Furthermore, it sets a 5 years limit for the recognition of the second relapse, counted from the date of the final decision that stated the first relapse.

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February 25, 2023
Decree amends composition of CNPE

Through Decree No. 11,418/2023, signed by the Minister of Mines and Energy and the President of the Republic, the composition of the National Energy Policy Council (CNPE) was amended.  Through the regulation, six new ministries were inserted in the formulation of policies and guidelines regarding energy matters.

According to Alexandre Silveira, “the Ministries of Development, Industry, Trade and Services; Indigenous Peoples; Agrarian Development and Family Agriculture; Planning and Budgeting; Ports and Airports; and Cities, enter to reinforce the actions of the CNPE.”

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February 28, 2023
Provisional Measure reduces rates on operations carried out with gasoline, alcohol, vehicular natural gas and aviation kerosene

Provisional Measure No. 1.163/2023 was issued with the objective to reduce the rates of certain contributions, incidents on operations carried out with gasoline, alcohol, vehicular natural gas and aviation kerosene. The contributions provided for in the norm are PIS/Pasep, COFINS, PIS/Pasep-Import, COFINS-Import and Cide.

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Public Participation | Public Consultations and Public Hearings – February News

February 1^st, 2023
ANP – Public Consultation No. 3/2023

Subject: Public Consultation of the Preliminary Report of the Regulatory Impact Analysis (RPAIR) regarding the revision of operational safety criteria applicable to biofuels producing plants, as stated by ANP Resolution No. 734/2018.

Contribution Period: from February 2^nd, 2023, until March 20, 2023.

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February 13, 2023
ANP – Previous Consultation No. 2/2023

Subject: Preliminary Regulatory Impact Analysis Report (AIR) on the hydrocarbon concentrations in natural gas, as established by ANP Resolution No. 16 of June 17, 2008.

Contribution Period: from February 14, 2023, until March 30, 2023.

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January 2nd, 2023
New government team takes office

After the new administration took over, Alexandre Silveira was nominated as Minister of Mines and Energy. Silveira presented some of his projects on the inauguration day, which include the creation of a National Energy Transition Secretariat, dedicated to the elaboration of public policies focused on clean energy. On 01/12, Jean-Paul Prates’ appointment to the presidency of Petrobras was confirmed, complementing the national Oil and Gas team.
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January 31, 2023
MME extends CP on the Triennial Plan of the National Hydrogen Program

The MME extended the deadline for Public Consultation nº 147/2022 for submission of contributions by interested agents until February 28th. According to the Ministry, the purpose of the extension is to increase society’s participation in this plan, which should guide the federal government’s actions in the development of the hydrogen sector in the coming years.
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Laws and Regulations – January News

January 16, 2023
Inclusion  of commercialization of biodiesel in the list of operations that enables the emission of CBIOs

Resolution nº 914/2023 was published, which amends RANP nº 802/2019, to include the commercialization of biodiesel among its producers in the list of operations that generate ballast for the issuance of CBIOs. The new norm stems from the amendment generated by RANP nº 857/2021, which authorized the commercialization of biodiesel between producers.
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Public Participation | Public Consultations and Public Hearings – January News

January 25, 2023
ANP – Public Consultation and Hearing No. 1/2023

Subject: To obtain subsidies on a draft to discipline authorizations for the activity of packaging and logistical operations of liquefied natural gas – LNG in bulk by alternative modes to the pipeline.

Contribution Period: from January 26, 2023, until March 13, 2023.

Hearing date: April 26, 2023, from 2pm to 4pm.
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January 31, 2023
ANP – Public Consultation No. 3/2023

Subject: The regulatory problem identified refers to the minimum conditions for the operational safety of biofuel production facilities. In the preliminary regulatory impact analysis report (RPAIR) submitted to public consultation, it identified the regulatory problem, the proposed objective, the affected agents and other items.

Contribution Period: from February 2nd, 2023, until March 20, 2023.
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Prior Consultations – January News

January 30, 2023
ANP – Prior Consultation No. 1/2023

Subject: To obtain contributions for the process of regulating the negotiated and non-discriminatory access of third parties to production flow pipelines, natural gas processing facilities and LNG terminals, referred to in article 28 of the Law No. 14.134/2021.

Contribution Period: from January 31^st, 2023, until March 31^st, 2023.
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OCTOBER 13, 2022
ANP publishes Dynamic Panel on Diesel Production Quality

The ANP released, on 10/13/2022, a Dynamic Panel on the Quality of Diesel Oil Production. According to the Agency, the objective of the panel is to present data on the quality of vehicular diesel oil sold in the national territory, as well as to present quantitative data related to the certification of imported diesel oil.
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October 13, 2022
ANP provides Regulatory Result Assessment Agenda

The ANP released, on 10/13/2022, the Regulatory Result Assessment Agenda (ARR) on its electronic portal. The initiative seeks to comply with Decree No. 10,411/2020, which regulates the regulatory impact analysis (AIR) and stipulates that the bodies and entities of the direct, autonomous and foundational federal public administration, with competence to issue normative acts subject to the elaboration of AIR, will institute an ARR agenda and will include, at least, one normative act of general interest of economic agents or users of the services provided from their regulatory stock. So far, Resolutions No. 857/2021 and 878/2022 are part of the Agenda. The ARR of Resolution No. 795/2019 has already been completed.
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October 19, 2022
Verification of compliance with the contracting target for the supply of biodiesel between distributors and producers has been resumed

The ANP published a statement informing that it would resume verification of compliance with the contracting target for the supply of biodiesel by producers to liquid fuel distributors in the last two months of 2022, in accordance with ANP Resolution No. 857/2021. Based on the data sent by producers, the ANP will communicate, on its website, until November 10th, the situation of each party, distributor and producer, regarding the achievement of the goals and the limitation of commercialization in the two-month period.
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October 22, 2022
ANP creates a Working Group to deal with the National Hydrogen Program

The ANP established, on 10/19/2022, a working group to debate and define the ANP’s strategy within the scope of the National Hydrogen Program (PNH2). As provided for in article 1 of Ordinance No. 148/2022, which created the working group, it will have the following attributions: to gather, with the Board of the ANP, the direction of the strategy of the PNH2; submit proposals and products that may be elaborated by the PNH2 Management Committee to the Board of Directors and the participating organizational units; subsidize the representation of the ANP in the Management Committee of the National Hydrogen Program – Coges-PNH2, as well as in all other committees, commissions or institutional work groups of a decision-making nature that may be constituted, and of which the ANP will be a part , related to the use of hydrogen as an energy vector, allowing greater technical and institutional solidity for the Agency’s votes and initiatives; and identify the ANP’s attributions in the strategy of developing a new hydrogen market in Brazil within the scope of the PNH2.
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October 27/2022
Request for firm transport capacity for long transport pipelines operated by Transpetro can be made between 11/02/2022 and 01/01/2023

The ANP published, on 10/27/2022, a report on the request for firm transport capacity for the long transport pipelines operated by Transpetro. As the contracts currently held by the company expire on 06/30/2023, interested parties may submit their requests between 11/02/2022 and 01/01/2023. Transpetro must prepare an allocation proposal, which will be published by 01/17/2023.
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Laws and Regulations – October News

OCTOBER 6, 2022
The Brazilian National Council for Energy Policy (CNPE) published resolution with new deadline for proposal of RenovaBio goals

CNPE Resolution No. 10/2022 was published on 10/06/2022, amending CNPE Resolution No. 15/2019, which defines the mandatory annual targets for reducing greenhouse gas emissions for fuel commercialization. According to the wording inserted by the new Resolution, the RenovaBio Committee will forward to the CNPE the proposal for a mandatory target of CBIOs for the following year by November 30 of each year, instead of sending it until the end of the third quarter as it was previously stated. According to the Ministry of Mines and Energy, the measure will allow the RenovaBio Committee to more accurately estimate the generation of CBIOs in the current year and in the following year, improving the proposed decarbonization target to be presented to the CNPE.
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October 6, 2022
Published Resolution with deadlines for regulated Downstream agents to send data

Resolution No. 885/2022 was published on 10/06/2022, which establishes the extension of deadlines for the transmission of information to the ANP by downstream regulated agents. Among the extended deadlines are: the presentation of data related to the sale of A and A premium gasoline; B, D and marine diesel oil; biodiesel and diesel/biodiesel blends; liquefied petroleum gas; fuel oils 1A, 2A, 1B and 2B; CAP and ADP asphalt products; petrochemical naphtha; jet fuel; vehicular, industrial, domestic and commercial natural gas by producer and importer; sending data on the quality of fuels produced in the national territory or imported.
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October 25, 2022
Published Resolution declaring express revocation of several normative acts

Resolution No. 891/2022 was published on 10/25/2022 and declared the express revocation of several normative acts, for the purpose of rationalizing the regulatory framework of the ANP, in accordance with the provisions of Decree No. 10,139 of 2019. Although several acts were revoked with the enactment of the Resolution, the practical effects are few or non-existent, since for the most part the revoked rules had already lost their effectiveness.
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Public Participation | Public Consultations and Public Hearings – October News

SEPTEMBER 2ND, 2022
MME – Public Consultation No. 140/2022

Subject: Proposal of global targets for the decarbonization of the fuel matrix – Cycle 2023-2032, submitted for public consultation, within the scope of the National Biofuels Policy (RenovaBio).

Contribution Period: from October 31, 2022, until November 14, 2022.
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September 2ND, 2022
ANP holds workshop on the implementation of RANP nº 881/2022

The ANP held on 09/02/2022 the online workshop “Implementation of ANP Resolution No. 881“, which aimed to clarify doubts regarding the implementation and practical application of Resolution on the usage of waterway terminals for movimentation of petroleum, its derivatives, natural gas derivatives and biofuels. ANP also published on its website, a manual, a process flowchart, and a Q&A about the Resolution No. 881/2022.

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September 14, 2022

ANP launches dynamic panel on RANP nº 881/2022

The ANP made available the Dynamic Panel for the Application of ANP Resolution No. 881/2022. The panel gathers questions sent by operators of waterway terminals, shippers and third parties interested in moving products at these terminals, with their respective answers.

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September 20, 2022

Public Hearing held on the abrogation of outdated and no longer in force normative acts

The ANP held, on 09/20/2022, Public Hearing No. 19/2022, which sought to obtain subsidies on the draft resolution that will abrogate 32 normative acts, which are no longer in force or its effects are already exhausted. The measure complies with Decree No. 10,139/2019, which determines the review and consolidation of all normative acts issued by bodies and entities of the direct federal, autarchic and foundational public administration.

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September 22, 2022

ANP publishes Statistical Yearbook 2022

ANP launched, on 09/28/2022, the complete digital version of the Brazilian Statistical Yearbook of Petroleum, Natural Gas and Biofuels 2022, which consolidates data on the performance of the oil, natural gas and biofuels industry and the national supply system in the period 2012-2021. According to the ANP, the publication is used by the government and economic agents to support their planning and support decision-making.

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September 29, 2022

Published Resolution on the quality control of biomethane from sanitary landfills and sewage treatment plants

It was published the ANP Resolution No. 886/2022, which establishes the specification and rules for approval of the quality control of biomethane from sanitary landfills and treatment plants of sewage intended for vehicular use and residential, industrial and commercial facilities, to be sold in the national territory, and also revoked the former act on that matter, the ANP Resolution No. 685/2017.

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Relevant Decisions – September News

September 16,2022

ANP Board of Directors approves initiative to challenge lawsuits that allow undue payment of Royalties to municipalities

The ANP Board of Directors authorized the Federal Attorney General’s Office before ANP to submit, for the analysis of the Federal Attorney General, the draft of a Claim of Non-compliance with Fundamental Precepts (ADPF) before the Federal Supreme Court, regarding the distribution of royalties to municipalities. According to the ANP, the purpose of the measure is to challenge, in whole, a set of judicial decisions that, without technical or legal support, determined that the ANP classifies municipalities as creditors of royalties for having Embarkation and Disembarkation Facilities without actually having this type of equipment in their territory.

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September 22,2022

ANP approves reclassification of the OSDUC pipeline as a transport pipeline

The ANP Board of Directors approved the reclassification of the OSDUC pipeline from transfer pipeline to transport pipeline, due to the request of VAST Infraestrutura, based on the claim that there are multiple agents interested on the usage of the infrastructure.

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Public Participation | Public Consultations and Public Hearings – September News

September 19, 2022

ANP – Public Consultation and Hearing No. 22/2022

Subject: Resolution amending ANP Resolution No. 777, of April 5, 2019, for the purpose of authorizing the import of biodiesel, in compliance with CNPE Resolution No. 14, of December 9, 2020.

Contribution Period: from September 21, 2022 until November 4th, 2022.

Public Hearing Date: November 9th, 2022 (2:00pm to 6:00pm).

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