ANP Board Decisions

ANP approves changes to the rules for qualification in the Permanent Offer

On January 26, 2026, during the 1,175th Board Meeting, ANP approved RANP No. 992/2026, amending Article 68 of RANP No. 969/2024, which sets forth the rules and conditions for maintaining “qualified bidder” status under the Permanent Offer. In addition to minor wording adjustments to the caput, paragraphs 2 and 3 were included.

Paragraph 2 now establishes that requests to update registration documentation, both at the OPC and the OPP, submitted after June 30 will only take effect upon approval by the Special Bidding Commission. Paragraph 3 introduces an exemption from the June update requirement for companies that have already submitted or updated their documentation between January 1 and June 30 of the same year, avoiding duplicative submissions.

ANP approves measures to revise the performance bond model

On January 26, 2026, during the 1,175th Board Meeting, ANP approved a set of measures to revise the performance bond model established in ANP Resolution No. 854/2021, applicable to the decommissioning of oil and natural gas production facilities. According to the Agency, the update aims to align the model with the new Law No. 15,040/2024 and to allow more agility in incorporating future regulatory updates related to the insurance market.

The previous revision occurred in 2023, following amendments issued by the Superintendence of Private Insurance (Susep), and was subject to public consultation and hearing. Based on the contributions received, the ANP identified the need for additional adjustments, resulting in a new draft revision submitted to the Board at the end of 2025. Although the final report was approved, the Board required further changes to the text and set deadlines for complementary actions, such as preparing a regulatory strategy within 30 days and developing an internal procedure for notifying insurers within 90 days in cases of contractual changes that increase the underwritten risk.

These changes are considered important to ensure legal and operational certainty in the decommissioning process, which involves the permanent abandonment of wells, removal of installations, proper disposal of waste, and environmental restoration of affected areas. As these costs arise when fields are already in production decline, the performance bond plays a pivotal role in ensuring the availability of financial resources.

ANP approves discount on long‑term gas transportation tariffs

On January 30, 2026, ANP’s Board, through Board Decision No. 79/2026, approved the creation of a 15% discount on longterm natural gas transportation tariffs. The discount will apply to all shippers entering into firm exit capacity contracts with a minimum duration of ten years. The Board also clarified that, within the LRCAP rules, thermoelectric plants are required to contract only exit capacity in the transportation system.‑term natural gas transportation tariffs. The discount will apply to all shippers entering into firm exit‑capacity contracts with a minimum duration of ten years. The Board also clarified that, within the LRCAP rules, thermoelectric plants are required to contract only exit capacity in the transportation system.

ANP Approves Resolution Amending ANP Resolutions 937, 938, 941, 942, 943, 950 and 957, all dated October 5, 2023, to update the Minimum Paid‑In Capital Requirement

On February 13, 2026, ANP’s board approved a draft resolution updating the minimum paid in capital thresholds applicable to several regulated activities in the downstream fuel supply chain, namely the Transporter Reseller Retailer (TRR), fuel distributors, LPG distributors, solvent distributors, producers of finished lubricating oil (OLAC), and entities engaged in the collection and rerefining of used or contaminated lubricating oil (OLUC). ‑in capital thresholds applicable to several regulated activities in the downstream fuel supply chain, namely the Transporter‑Reseller‑Retailer (TRR), fuel distributors, LPG distributors, solvent distributors, producers of finished lubricating oil (OLAC), and entities engaged in the collection and re‑refining of used or contaminated lubricating oil (OLUC).

According to ANP, these revision aims to restore the proportionality of financial capacity requirements for activities that handle flammable products with significant environmental risk, while keeping proof of paid in capital by means of a Commercial Registry certificate as a condition for authorization to operate. ‑in capital by means of a Commercial Registry certificate as a condition for authorization to operate.

The resolution also introduces an annual monetary adjustment mechanism for the minimum capital thresholds, allowing them to be adjusted each year by means of an ANP board order, which will specify the technical criteria used and the deadline for compliance. For this adjustment, the month of the last update will be considered as a reference, applying the accumulated variation of the General Market Price Index (IGP-M) or another official index that may replace it.

The draft further establishes December 1, 2026, as the deadline for regulated agents to file updated Commercial Registry certificates reflecting the new paid in capital levels, while waiving resubmission for agents who have already demonstrated paid in capital equal to or above the updated minimum.