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Home›Public consultation›The ANP approves the public consultation and hearing on the draft resolution updating Ordinance No. 26/1992 – Energy and Natural Resources

The ANP approves the public consultation and hearing on the draft resolution updating Ordinance No. 26/1992 – Energy and Natural Resources

By Lenny A. Brown
January 31, 2022
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The Board of Directors of the Brazilian National Agency for Petroleum, Natural Gas and Biofuels (ANP) approved, on January 13, 2022, the scheduling of a public consultation and hearing on the draft resolution aimed at revise Ordinance No. 26/1992 (Ordinance) of the defunct National Fuels Directorate (DNC).

According to the Superintendence of Supply Inspection (SFI), the ordinance is the oldest standard still in force in the legislation applicable to the inspection of the national fuel supply. Although the Ordinance represented a breakthrough at the time of its publication, it is now obsolete.

The ordinance instituted the Fuel Movement Book (LMC), which required service stations to record their supply, purchase and sale of fuel each day. In this way, retail fuel dealers are forced to manually populate the LMC. However, the current reality offers more modern methods such as several software available in the market, which could offer more efficient reports.

The draft resolution aims to update the Ordinance, giving it more clarity and precision without altering its essence and merit. In addition, the draft resolution provides the requirements for completing the LMC and provides the option of completing it electronically or by handwriting.

Finally, the draft resolution retains aspects of the current Ordinance, such as the following obligations: (i) daily register in the LMC, (ii) search for causes in the event of loss of physical fuel stock greater than 0.6 % and (iii) the LMC being kept at the retail service station, available for inspection by the competent authorities.

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© Copyright 2020. Tauil & Checker Advogados, a partnership under Brazilian law with which Mayer Brown is associated. All rights reserved.

This article provides information and commentary on legal issues and developments of interest. The foregoing is not a complete treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action regarding the matters discussed here.

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