ANP will review rules for the voluntary use of biodiesel.

The ANP Board approved, this Friday (10), the inclusion, in the 2025-2026 Regulatory Agenda, of the review process of ANP Resolution No. 910/2022, which regulates the prior approval for experimental or specific use of biodiesel (pure, or B100) or its mixture with diesel oil in a percentage higher than the mandatory mixture (currently at 15%), the so-called BX diesel. The review aims to adapt the Agency's regulation to the changes promoted by Law No. 14,993/2024 (Fuel of the Future Law), which modified Law No. 13,033/2014 and dispensed with the need for prior approval from ANP, in some cases, for various voluntary uses of biodiesel in percentages higher than the mandatory mixture content with diesel oil. With the change, certain uses will only depend on communication to ANP. This is the case for the use of biodiesel in public transportation, rail transport, inland and maritime navigation, captive fleets (vehicles that operate exclusively for a company or institution), equipment and vehicles intended for mineral extraction and electricity generation, tractors, and other self-propelled equipment used in agricultural activities. However, the exemption from approval does not apply to all forms of biodiesel use in concentrations exceeding the mandatory level. For this reason, ANP Resolution No. 910/2022 will be revised, not revoked, and the requirement for prior authorization from the Agency will remain for cases not covered by the legislation among the exemption scenarios. The revision of the resolution will also require adjustments to other Agency regulations, especially ANP Resolutions No. 950/2023, No. 959/2023, and No. 987/2025, which deal, respectively, with authorizations for fuel distribution activities, foreign trade in petroleum derivatives and biofuels, and biofuel production. To ensure an orderly transition between the currently applicable regulation and the new model foreseen in the Future Fuel Law, the Board approved the adoption of a transitional regime. The technical area (Superintendence of Biofuels and Product Quality) must immediately establish the procedure for communicating the voluntary uses foreseen in the law and publish, on the ANP website, the list of users who make this communication. The first publication will include users who currently have approval granted under ANP Resolution No. 910/2022, whose authorizations will be subsequently revoked. The Board also decided, on a transitional basis and until the conclusion of the regulatory process, that users who notify the ANP (National Agency of Petroleum, Natural Gas and Biofuels) of the voluntary use of B100 biodiesel or BX diesel oil, in the cases provided for in Law No. 13.033/2014, and who are listed in the list of users published on the ANP website, may purchase biodiesel directly from biodiesel producers, liquid fuel distributors, or importers authorized by the Agency, as well as BX diesel oil from liquid fuel distributors authorized by the ANP, provided that the other requirements of the applicable regulations are met. This transitional solution aims to ensure the immediate application of the changes promoted by the Future Fuel Law, without interrupting existing operations or preventing the entry of new users, while the ANP revises its regulatory framework. The Agency will begin, in the coming days, technical studies and dialogue with market agents to prepare the proposed revision of the resolution. Economic agents and other stakeholders will be consulted throughout the regulatory process, with the aim of developing a standard aligned with current legislation, promoting legal certainty and contributing to stimulating the use of biofuels in the country. Once drafted, the resolution will undergo public consultation and hearings.

This text was translated by machine from Brazilian Portuguese.