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.

Visit us at Tauil & Checker

Founded in 2001, Tauil & Checker Advogados is a full-service law firm with approximately 90 lawyers and offices in Rio de Janeiro, São Paulo and Vitória. T&C represents local and international businesses in their domestic and cross-border activities and provides its clients with a full range of legal services, including: corporate and mergers and acquisitions; debt and equity capital markets; banking and finance; employment and benefits; environmental; intellectual property; litigation and dispute resolution; restructuring, bankruptcy and insolvency; tax; and real estate. The company has a particularly strong and long-standing presence in the energy, oil and gas and infrastructure sectors as well as with pension and investment funds. In December 2009, T&C entered into an agreement to operate in association with Mayer Brown LLP and become “Tauil & Checker Advogados in association with Mayer Brown LLP”.

© 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.

POPULAR ARTICLES ON: Brazilian Energy and Natural Resources