The ANP has launched a public consultation on new rules for RenovaBio, aiming to prevent new market entrants from using loopholes to avoid decarbonization targets and operating opportunistically.
The National Agency of Petroleum, Natural Gas and Biofuels (ANP) has taken a significant step toward shielding the fuel market from short-lived companies, often referred to as “shell” distributors.
During a meeting held this Friday (9/4), the agency’s board approved the opening of a public consultation and hearing to revise how CBIO targets are assigned to new industry entrants.
Currently, RenovaBio targets are calculated based on the previous year’s fossil fuel sales volume.
This creates a systemic weakness: new players enter the market without immediate obligations to purchase decarbonization credits in their first year of operation, facilitating “hit-and-run” strategies where companies profit and exit without fulfilling mandatory environmental commitments.
Combating regulatory opportunism
The adjustment proposed by the agency aims to align the sector with Law 15.082/2024, bringing more rigor to the target regime.
According to Maria Auxiliadora, deputy superintendent of the Superintendence of Drawing and Metrology (STM), the current methodology allowed for unacceptable gaps.
There was a regulatory loophole in the original calculation methodology that defined targets based exclusively on the previous year’s market share. This allowed new distributors to operate during their first year without an effective mandatory individual target, enabling opportunistic market entry and exit strategies.
The new proposal mandates that targets for newly authorized companies be estimated based on the sales forecast declared at the time of their authorization request to the ANP.
Consequently, environmental accountability will be monitored from the start of operations, with requirements for partial semi-annual and annual proof of compliance.
Impacts and transition period
The change will have a ripple effect on the sector, as adjusting the targets for new distributors will necessitate a recalibration of targets for other market agents.
The ultimate goal is to ensure that the national cap established by the National Energy Policy Council (CNPE) is met with precision.
To avoid market disruptions, the director and rapporteur of the process, Daniel Maia, advocated for a phased implementation. The resolution is scheduled to take effect only on January 1, 2027.
This January timeline provides the necessary time to make the required changes to our regulatory model and internal agency routines, while also giving new distributors time to plan for the acquisition and retirement of CBIOs.
Furthermore, the ANP is proposing stricter mechanisms to combat repeat non-compliance, including the potential revocation of operating licenses.
However, the measure will not be summary; agents will have opportunities to settle liabilities before losing their right to operate.
The public consultation will be an opportunity for the sector to contribute to the refinement of these rules, ensuring greater sustainability and integrity in the biofuels market.
