Renovabio: goal reduction injunction is overturned

At the beginning of the month, the National Agency for Petroleum, Natural Gas and Biofuels (ANP) requested the extinction of the warrant, which reduced by 25% the mandatory targets of distributors for the acquisition of Decarbonization Credits (CBIOs) renovabio, in 2020. After the appeal, the Federal Court reversed the preliminary ruling.

The attempt to cut the targets was an initiative of Brasilcom, which claimed that there was not enough time to meet the goals of acquisition of CBIOs (decarbonization credits of Renovabio) this year, because the individualization of the goals was made by the ANP only at the end of September. In summary, it also stated that the obligation of distributors is defined late in March. Distributors also argue that the effects of covid-19 on the fuel market and the price of CBIOs would have unreasonable impacts on company accounts.

On the other hand, the ANP stated, through the appeal, that there is no rule determining the right of the plaintiffs to have their targets reduced: "so much so, that the application of the Warrant of Security calls for co[da Brasilcom]mpliance with the reasonableness and proportionality, of the effects of the crisis coming from the pandemic of covid-19, among other issues, whose analysis demands the production of evidence , being certain that their right cannot be demonstrated by plan, not being liquid and certain."

One of the other points highlighted by the agency is that there are no illegalities in the acts that defined this year's goals. The assessment of the obligation to purchase CBIOs was made within the deadlines, at the beginning of the year, and after the review of the target, with a 50% cut made by the National Council for Energy Policy (CNPE), in September, the agency updated the individual targets.

Brasilcom represents mainly regional fuel distributors, such as Ale, Atem and the Dislub Ecuador group.


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