The ANAC proposes a fine of R$ 750 per ton of unreduced CO2 for airlines. Companies that fail to meet decarbonization targets will pay the penalty and must make up for the shortfall in the following year.
The National Civil Aviation Agency (ANAC) has taken a significant step toward sustainability in the Brazilian aviation sector. The agency has opened a public consultation on a proposal to establish financial penalties for airlines that fail to meet the decarbonization targets stipulated by the National Sustainable Aviation Fuel Program (ProBioQAV).
The measure aims to drive the energy transition in aviation, one of the most challenging sectors in terms of emissions reduction. The core of the proposal is a penalty of R$ 750 for every ton of carbon dioxide (CO2) that remains unreduced.
This initiative reinforces Brazil’s commitment to the global environmental agenda and positions the country at the forefront of regulation for the use of sustainable aviation fuel (SAF), which is essential for a low-carbon future.
Proposal Details and Scope
ANAC’s public consultation, which will accept contributions until October 1st via the Participa + Brasil platform, covers a select group of operators. It applies to 13 companies that emit 10,000 tons of CO2 or more annually on domestic flights.
The list includes major carriers such as Gol, Latam, and Azul, as well as cargo companies and air taxi operators. ProBioQAV, established by the Fuel of the Future Law, mandates that starting in 2027, companies must reduce their emissions by 1%.
The primary tool to achieve this goal is the use of SAF. The ANAC proposal is emphatic: paying the fine does not exempt the company from its decarbonization obligation.
What is not reduced in one year must be offset in the following year, resulting in an estimated cost of R$ 4,150 per ton when combining the fine with the cost of SAF.
This means the cost for companies failing to meet the target will be significantly higher, incentivizing the active pursuit of sustainable fuel solutions.
Monitoring and Flexibility
To ensure the program’s effectiveness, the agency will adopt a self-declaration model followed by verification. Companies will be required to submit a monitoring plan before the mandate begins, ensuring transparency and accountability.
Furthermore, the proposal demonstrates pragmatism by allowing for the adjustment of targets in scenarios where SAF is proven unavailable at airports. This measure aims to protect operations in the event of supply difficulties without compromising the overarching goal of decarbonization.
In addition to the main penalty, the regulation establishes fines for administrative infractions, such as R$ 84,000 for failing to provide a monitoring plan, R$ 120,000 for not submitting an emissions report, and R$ 60,000 for incomplete or unreliable documentation.
Impact and Future Outlook
The ANAC initiative is a landmark for Brazilian aviation and the clean energy sector. By establishing a clear and robust sanction mechanism, Brazil is signaling its commitment to reducing carbon emissions.
This move is expected to accelerate the demand for SAF, stimulating investment in the production and infrastructure necessary for its distribution. The next steps include analyzing the contributions received during the public consultation and finalizing the regulation.
The success of this policy will depend on the ability of the sustainable fuel industry to meet the growing demand, thereby driving innovation. This is a crucial step toward a future where flying is increasingly environmentally responsible.
