21 December 2015
The Brazilian Petroleum Agency (“ANP”) has published Resolution No. 52, of December 2, 2015 (“ANP Resolution No. 52/2015”) which repealed ANP Order No. 170, of November 26, 1998. The resolution updates provisions related to the construction, extension and operation of offloading facilities of oil and its byproducts, natural gas, including LNG, biofuels and other products supervised by the Agency, in concordance with the legislative changes that have occurred since 1998, in particular Law No. 11.909/2009 and Law No. 12.490/2011.
The facilities subject to the new resolution are (i) pipelines and their auxiliary facilities (accessories and components); (ii) onshore and offshore terminals; (iii) LNG terminals, natural gas liquefaction units and LNG regasification units; and (iv) Exploration and Production (E&P) facilities, pipelines and their auxiliary facilities (accessories and components) of areas not included in E&P contracts (i.e. those not included in the Development Plan).
ANP Resolution No. 52/2015 clarifies that the natural gas pipelines subject to the new regulations are limited to those pipelines subject to the authorization regime, as established by the article 4 of Decree No. 7.382/2010, which regulates article 3 of Law 11.909/2009.
As previously established in ANP Order No. 170/1998, the authorization for the construction, extension and operation of the facilities mentioned above will be granted by ANP in two phases: (i) Authorization of Construction (AC); and (ii) Authorization of Operation (AO). Said authorizations are conditional upon the submission of certain information specified in ANP Resolution No. 52/2015.
ANP Resolution No. 52/2015 also regulates the conditions and procedures regarding the transfer of the AC and the AO.
Such new regulation is part of a recent effort by the Agency to provide the necessary regulatory measures to improve the oil and its byproducts, natural gas and biofuels transport sector.