A public hearing was held this Monday (3) on a proposed revision of ANP Resolution No. 946, of 2023, which deals with the acquisition of anhydrous ethanol by fuel distributors and the formation of anhydrous ethanol stocks for the sugarcane off-season. The revision seeks to promote greater market efficiency, reduce operating costs and increase equality in regulatory treatment between distributors and producers, while maintaining essential mechanisms for predictability and monitoring of supply, as well as minimum levels of contracting between agents. Thus, it reconciles greater economic freedom with the security of fuel supply in the country. The proposal also aligns the rules with instruments of RenovaBio, the National Biofuels Policy, and with guidelines from the National Energy Policy Council (CNPE). The draft under discussion provides, among other measures: – Elimination of the compulsory formation of stocks, since the AIR concluded that there has been a transformation in the ethanol supply scenario; – Maintenance of the minimum contracting mechanism as a coordination instrument between supply and demand, as is currently the case. ANP requires distributors to contract with producers, before the start of the harvest, a volume of ethanol compatible with 90% of their sales of gasoline C (gasoline with anhydrous ethanol blend) in the previous year; – Elimination of the direct purchase regime in which distributors who do not meet the contracting target must build up stocks. Currently, distributors who do not meet the contracting target prior to the start of the harvest must purchase ethanol from suppliers under the direct purchase regime (outside of contracting) and prove to ANP that they have ethanol stocks in a volume compatible with the sales of gasoline C in the previous year. If they fail to provide this proof, they are prevented from purchasing gasoline from suppliers and, therefore, excluded from the market; With the change, distributors who do not meet the target may sell gasoline C in a volume proportional to the ethanol contracted. They may also make new contracts with suppliers throughout the harvest, if desired. If the distributor sells gasoline C above the proportional amount of ethanol contracted, it is subject to fines by the ANP; – Streamlining of contractual procedures, with the adoption of an electronic system for registration and automatic approval of contracts. The proposed changes are part of action 4.10 of the ANP's 2025-2026 Regulatory Agenda and underwent Regulatory Impact Analysis (RIA), prior social participation through a questionnaire answered by regulated agents, and a 45-day public consultation. During this period, 15 contributions were received, which will be analyzed by the Agency's technical team and may result in adjustments to the proposal. The text will also be analyzed by the Federal Attorney's Office at the ANP before proceeding to final consideration by the Board of Directors.
This text was translated by machine from Brazilian Portuguese.