ANP approves resolutions on price transparency

The ANP (National Agency for Petroleum, Natural Gas and biofuels) approved two resolutions related to price transparency. One of them is related to the main petroleum derivatives, such as A common and premium gasoline; S-10, S-500, marine and road diesel; Aviation kerosene; Aviation gasoline; Cylinder gas (LPG); Fuel oil; Asphalt, in the segments production, import and distribution.

The other resolution refers to natural gas. According to the ANP, the intention is to reduce the asymmetry of information and protect the interests of the consumer in terms of price, quality and supply of products, which for the regulatory agency will promote free competition in the short and long term. The approval of the new resolutions was made on Thursday (4).

Rules

According to the ANP, resolution is based on equal treatment to regulated agents, total and immediate transparency of the prices prevailing in the stage of production and importation, total flexibility in the indication of prices under the approved contracts, thus , there is no need, for example, to create formulas and, finally, agility in changing price contractual conditions.

The regulatory body reported that the new regulation is the result of a process of discussion and intensified studies from mid-2018. For this, a public contribution was made (n º 1/2018), two public consultations/hearings (n º 20/2018 and N º 4/2019) and three technical notes (68/2018/SDR, 142/2018/SDR and 89/2019/SDR-E). The regulations enter into force 30 days after publication in the Official Gazette of the Union (DOU) and will not be applied in contracts already approved by the ANP.

Within 24 months from the publication in the DOU, the ANP will perform an ARR (regulatory outcome Assessment) to verify the effects of the new rules. The agency stressed that it continues with studies to expand transparency in the process of forming prices of derivatives in the phase of fuel resale, considered as a priority.

Now, with the new rules, producers and importers of the main derivatives should publish the prevailing sales prices, without taxes, for cash payment, by point of supply and mode of sale, as well as those practiced in the previous 12 months. The information will be disclosed on the company’s own website.

It also has the obligation to purchase and sell contracts of the main petroleum derivatives made between producers and distributors. Currently, they are submitted to ANP homologation, but will necessarily contain the indicative price, that is, the conditions of their formation and their adjustments. Any contractual changes in the indicative price will be valid immediately, but are subject to subsequent approval by the ANP.

The sending of information regarding the unit value and the mode of freight, which is carried out through the ANP Product movement Information System (SIMP), with emphasis on the distribution stage, will continue to be disciplined by ANP Resolution No. 729, of 11 May 2018.

Natural gas
For natural gas, the transparency of price formation, considered by the ANP as fundamental for the transition to a competitive market, the new rule is in line with Resolution No. 16/2019 of the National Energy Policy Council (CNPE), published Recently, which cites the principle of price transparency. This theme has been discussed for some time in the ANP.

The agency reported that, in this case, the new rules will enter into force 60 days after publication, the time required for the organ to adapt and classify the contracts, which are not only limited to natural gas sold to local channeled gas distribution companies, But also to the natural gas chain, which includes from the volumes marketed in the mouth of the pit, so produced and still without specification for transportation and consumption to the city gates (gas delivery points) of the distributors of natural gas companies.

With the new rules, the ANP Resolution No. 52/2011 was amended to allow the disclosure of the weighted average prices by volume and other relevant information, based on the information provided by the sellers agents.

It will also be the agency to give full publicity to contracts for the purchase and sale of natural gas, signed with local distributors of gas channeled to meet captive markets, which are those that potential customers have a limited number of Competing vendors or just one.

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