ANP Opens Public Consultation on the Review of Waterborne Fuel Specifications and the Facilitation of Biofuel Use in Maritime Transport

On July 27, 2026, Brazil’s National Agency of Petroleum, Natural Gas and Biofuels (“ANP”) published Public Consultation and Hearing Notice No. 15/2026, for the review of ANP Resolution No. 903/2022, which establishes the specifications for waterborne fuels marketed in Brazilian territory (marine diesel oil and marine fuel oil).

The purpose is to incorporate biofuels and renewable fuels into Brazilian waterborne transport, in the context of the energy transition and the International Maritime Organization’s (“IMO”) international decarbonization targets.

The proposal (i) aligns national specifications with ISO 8217/2024; and (ii) is encouraged by the progress of IMO discussions on carbon pricing and incentives for new fuels.

In terms of market context, operations involving the use of biofuels in Brazilian waterborne transport already exist, such that harmonizing national rules with ISO 8217 and the MARPOL Convention will standardize the regulatory treatment applicable to these operations.

The main changes proposed in the draft resolution are as follows.

• The specification tables for waterborne fuels will be restructured, including classes for fuels containing biodiesel.

• Limits and test methods from ISO 8217/2024 will be selectively incorporated, on a partial basis, in line with Brazilian market realities.

• Biodiesel content of up to 100% (“B100”) for regular use in vessels (no longer as an exception), which could be sold directly to the end user.

• Green diesel (“HVO”) and synthetic/GTL (Gas-to-Liquids) fuels will be treated as “drop-in” components, meaning chemically similar to fossil fuels and capable of replacing them without requiring engine or infrastructure adaptation.

• Agents authorized to carry out biofuel blending will be defined, which eliminates the requirement for prior ANP authorization to use blends, replacing it with a simple notification to the Agency.

• Quality control, document traceability, sampling, certification, and fuel identification rules will be improved, in line with the MARPOL Convention.

• Prior experimental authorization from ANP will be provided for alternative fuels not covered by ISO 8217 (ethanol, methanol, ammonia, and hydrogen).

• A prior authorization regime will be established for liquefied natural gas (“LNG”), without an experimental character, given the existence of well-established technical standards and the early stage of Brazil’s national LNG transport and supply infrastructure.

The public consultation will run for 45 days, from July 28 to September 10, 2026. On September 23, 2026, a public hearing will be held to discuss the matter with civil society and regulated agents.

The Global Energy  and Ports and Maritime  practices of Tauil & Chequer Advogados in association with Mayer Brown are available for any additional clarification on this topic.