Brazil: ANP to hold public hearing regarding new rule on third parties’ access to waterway terminals for handling petroleum and derivatives

On January 15, 2020, the notice of public hearing No. 1/2020 of the Brazilian National Agency of Petroleum, Natural Gas and Biofuels – ANP was published, with the purpose of obtaining comments on a proposed resolution to replace ANP Ordinance No. 251/2000, which provides for the regulation of non-discriminatory access by interested third parties to waterway terminals for handling petroleum, its derivatives and biofuels. 

The draft resolution is more detailed than ANP Ordinance No. 251/2000, and is necessary to comply with the changes in the seaport sector and legislation.

For instance, the draft of the new resolution contains specific chapters concerning (i) non-discriminatory access; (ii) previous and extemporaneous schedules; (iii) terminal service contracts; (iv) assignment of capacity; (v) operator’s, carrier’s and interested party’s obligations; (vi) operator’s and carrier’s rights; (vii) owner’s preference; (viii) compensation; (ix) an exception rule; and (x)  deverticalization. 

The Public Hearing will be held on April 15, 2020, 9:00 a.m., at ANP’s Central Office, in Rio de Janeiro, and the comments can be sent electronically to the ANP until March 16, 2020.

Our team is available for further information on this public hearing and proposed resolution.