The Resolution No. 716 of January 17th, 2018, issued by the National Petroleum Agency (ANP), establishes new rules for the use, by interested third parties, of oil pipelines, their derivatives and biofuels, existing or to be built, which have less than 15 km and are not originated from the area of production of oil and natural gas. Such new Resolution also sets forth a fair payment to the owner of the facilities.
The new Resolution provides objective rules regarding the allocation of pipeline transportation capacity and creates new regulatory mechanisms, such as (a) rules for free access to already existing biofuel and oil pipelines; (b) increase of transparency; (c) rules of interconnection between oil pipeline companies engaged in transportation; (d) the possibility of a conveyor to be also a loader in an interconnected plant, as it is already permitted for long pipelines.
The carrier, responsible for Transport Facilities in operation on January 17, 2018, will have a deadline of up to 60 days (deadline: 03/19/2018) to keep the information permanently updated on its website and accessible to interested parties:
a) description of the Transport Facilities;
b) transportable products;
c) General Conditions of Transport Services;
d) reference remuneration for standardized services;
e) Operational Capabilities, Available Operational Capabilities and Contracted Capabilities;
f) expiration date of each transport contract and the respective capacity to be released;
g) Description of the Interconnections of its Transportation Facilities with other facilities owned by third parties; and
h) Requests for Contracts of Interested Third Parties, in terms of total and individualized volumes, safeguarding the confidentiality of the applicants.
In addition, extracts from transportation contracts, signed before January 18th, 2018, must be sent by the Carrier to ANP until March 19th, 2018, which will be analyzed by such Agency, considering Federal Law No. 9,478/97 and this new Resolution.
Any doubts or difficulties regarding the new provision may be sent to ANP either by interested third parties, owners, transporters or even shippers.
For further information, please contact: