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01 April 2020
On 16 January 2020 the National Petroleum Agency (ANP) published the Notice of Public Consultation and Public Hearing 1/2020 to gather additional information and contributions from the market regarding its draft ANP Ordinance 251/2000 on the regulation of non-discriminatory access by interested third parties to waterway terminals (existing or to be built) for the handling of oil, its derivatives and biofuels.
Law 9,478/1997 provides free access to third parties that are not owners of maritime terminals. This rule aims to provide opportunities to all interested parties regarding the entry and exit of ANP-regulated products to and from port facilities, whether imported, exported or handled by cabotage.
The ANP has extended the free-access obligation beyond maritime terminals and included lakes and rivers, by reason of which Ordinance 251/2000 refers to waterway terminals.
The main issues addressed in the ordinance are:
The ordinance was reviewed for the first and only time in 2002. However, since then, several laws which have crossover with the ordinance have been incorporated into the national legal system, including:
Therefore, the consultation notice proposes several amendments to the applicable ordinance, including:
The ANP aims to further increase the competitiveness of the retail sector, creating more facilities for players to trade their fuels, either at long haul (importing) or cabotage.
The public consultation period is 60 days from the date of publication. The ANP has scheduled a public hearing to discuss the draft on 15 April 2020 at its headquarters in Rio de Janeiro.
For further information on this topic please contact Godofredo Mendes Vianna or Paulo Fernandes at Kincaid | Mendes Vianna Advogados by telephone (+55 21 2276 6200) or email (firstname.lastname@example.org or email@example.com). The Kincaid | Mendes Vianna Advogados website can be accessed at www.kincaid.com.br.
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