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ANP Sets July To Complete Review of Oil Reference Price Criteria

Written by Carla Teles
Published on 02/06/2025 at 15:03
ANP marca julho para concluir revisão de critérios do preço de referência do petróleo
ANP define julho para finalizar a revisão do preço de referência do petróleo, afetando participações governamentais. PMEs aguardam até 2027; Congresso age.
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The Regulatory Agency Has a New Deadline to Finalize the Discussion on the Reference Price of Oil, Crucial for Calculating Government Participation. Meanwhile, the Definition for Small and Medium-Sized Enterprises in the Oil Sector Has Been Postponed.

The National Agency of Petroleum, Natural Gas and Biofuels (ANP) has set July as the new deadline for completing the review of Resolution 874/2022. This resolution defines the criteria for the reference price of oil. The topic, under discussion since 2022, promises a resolution soon.

New Regulatory Deadline and the Urgency in Defining the Oil Price

The National Agency of Petroleum, Natural Gas and Biofuels (ANP) expects to complete the review of Resolution 874/2022 in July. This resolution is crucial as it defines the criteria for the reference price of oil. This price is used in calculating government participation. The new deadline was included in the regulatory agenda for 2025-2026. This agenda was approved by the agency’s directors on May 29.

The conclusion of this review is an important demand. The Ministry of Finance has already pressured the agency. Oil-producing states and municipalities are also awaiting the definition. The ANP itself calculated, in 2022, a significant loss. It is estimated that the absence of review could generate R$ 6 billion per year in losses.

Details and History of the Review of Resolution 874/2022

The review process of the resolution on the oil price is under the responsibility of Director Symone Araújo. This issue has been discussed at the agency for three years. Additionally, it has already been the subject of two public consultations, seeking contributions from society and the market.

In 2023, Director Symone Araújo presented a transition proposal. This proposal outlined a 12-month period with a grace period of 6 months. This period would begin after the approval of the resolution. However, that approval did not occur last year.

Definition for Small and Medium-Sized Enterprises in the Sector Postponed to 2027

Symone Araújo is also responsible for another related case. It concerns the review of the rules for setting the reference price of oil for small and medium-sized enterprises. The understanding is that smaller companies should follow different criteria for government participation charges.

However, this specific action will have a later conclusion. According to the regulatory agenda, the definition for these companies is expected to be finalized only in 2027. This means nearly five years after the discussions on the topic began. It is important to note that the two processes reported by the director are among the 28 actions that migrated from the previous regulatory agenda. These 28 actions represent 50% of the total that was not completed in the past period.

Congress Reacts to ANP’s Delay with Proposal for Oil Royalties

In light of the ANP’s delay in completing the reviews, the legislative body itself has taken initiatives. Two weeks ago, Representative Gabriel Nunes (PSD/BA) presented an important report. This is the report of Bill PL 50/2024, authored by Representative Hugo Leal (PSD/RJ).

The text of this bill proposes to alter the calculation basis for royalties. The change would apply to the production of oil and natural gas. According to the presented opinion, the calculation of oil royalties should be based on “the actual value of the transacted asset”. This measure has the potential to increase federal, state, and municipal revenues.

Nunes suggests two ways to calculate this basis. The first would be through “the prices of transactions effectively carried out in the market”. The second option would be the “transfer price”. This concept was internalized in Brazil by a law in 2023. It involves transactions between related parties, such as oil exports. The text of Bill PL 50/2024 is now awaiting a vote in the House of Representatives Committee on Mines and Energy.

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Carla Teles

I produce daily content on economics, diverse topics, the automotive sector, technology, innovation, construction, and the oil and gas sector, with a focus on what truly matters to the Brazilian market. Here, you will find updated job opportunities and key industry developments. Have a content suggestion or want to advertise your job opening? Contact me: carlatdl016@gmail.com

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