January 26, 2022

ANP Approves Public Consultation and Hearing on Draft Resolution Updating Ordinance No. 26/1992

The board of directors of Brazil’s National Agency of Petroleum, Natural Gas and Biofuels (ANP) approved, on January 13, 2022, the scheduling of a public consultation and hearing on the draft resolution to review Ordinance No. 26/1992 (Ordinance) of the now-defunct National Department of Fuels (DNC).

According to the Superintendence of Supply Inspection (SFI), the Ordinance is the oldest standard still in effect within the legislation applicable to inspecting the national fuel supply. Although the Ordinance represented a breakthrough at the time of its publication, today it is outdated. 

The Ordinance instituted the Fuel Movement Book (LMC), which aimed to have retail service stations record each day their supply, purchase and sale of fuel. In this way, retail fuel dealers are obliged to fill out the LMC manually. However, the current reality offers more modern methods such as several software programs available in the market, that could offer more efficient reporting.

The draft resolution aims to update the Ordinance, giving greater clarity and precision without altering its essence and merit. In addition, the draft resolution provides the requirements for completing the LMC, and offers the option to fill it out either in an electronic or handwritten manner. 

Finally, the draft resolution retains aspects of the current Ordinance, such as the following obligations: (i) daily registry in the LMC, (ii) investigation of the causes in cases of loss of physical fuel stock greater than 0.6% and (iii) the LMC being kept at the retail service station, at the disposal of the relevant authorities for inspection.

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