On Friday (15), the Collegiate Board of Directors of ANP approved the holding of a public consultation, for 45 days, followed by a public hearing on the proposed revision of ANP Resolution No. 946, of 2023, which provides for the acquisition of anhydrous ethanol by fuel distributors and the formation of anhydrous ethanol stocks for the sugarcane off-season period. The revision seeks to promote greater market efficiency, reduction of operational costs and greater 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 review is part of action 4.10 of the ANP's 2025-2026 Regulatory Agenda and was preceded by a Regulatory Impact Analysis (RIA). The RIA aimed to assess the adequacy of the current regulatory model to the transformations observed in the anhydrous ethanol market in the country, such as the expansion of production capacity, greater supply stability, expansion of corn ethanol, and logistical and market monitoring advances. The draft that will be submitted to public consultation foresees, among other measures: – Elimination of the compulsory formation of stocks, since the RIA concluded that there has been a transformation in the ethanol supply scenario; – Maintenance of the minimum contracting mechanism as an instrument for coordinating supply and demand, as is currently the case. The 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. Currently, the ethanol content in gasoline determined by law is 30%. Thus, ethanol contracts must consider the blending, in this proportion, with gasoline based on the sales volume of 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 the ANP (National Agency of Petroleum, Natural Gas and Biofuels) 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 contracted ethanol. They may also make new contracts with suppliers throughout the harvest, if desired. If the distributor sells gasoline C above the proportional amount of contracted ethanol, they are subject to penalties by the ANP; – Streamlining of contractual procedures, with the adoption of an electronic system for automatic registration and approval of contracts. The process involved prior public participation, through a questionnaire answered by regulated agents.
This text was translated by machine from Brazilian Portuguese.