ANP approves resolution on individualization of annual biomethane targets for natural gas producers and importers
On February 27, 2026, at the 1,117th ANP Board Meeting, ANP Resolution No. 995/2026 was approved, regulating the individualization of mandatory annual targets for biomethane participation in the natural gas market, as established in the Future Fuel Law (Law No. 14,993/2024) and Decree No. 12,614/2025. The rule establishes that all producers, self-producers, importers, and self-importers of natural gas with an average annual volume of more than 160,000 m³/day are subject to the targets.
The final individual annual targets will be published by March 31 of each year, considering the agent’s market share and the overall target set by the National Energy Policy Council (CNPE). The resolution determines that the imported volume should be considered net, discounting any exports, and provides for mechanisms similar to those of RenovaBio, such as partial compensation of up to 15% of the annual target in the following year, provided that the producer has fully met the previous year’s target.
Total or partial non-compliance with the target subjects the agent to a fine provided for in Law No. 14,993/2024 and Decree No. 12,614/2025, in amounts ranging from R$ 100,000 to R$ 50 million, which cannot be less than the economic benefit obtained by the offender. Repeated violations implies a minimum increase of 100% in the amount of the penalty.
ANP will also conduct a Regulatory Results Assessment (ARR) after the first three years of the Biomethane Incentive Program, in order to promote necessary adjustments to the regulation.
ANP aproves CGOB regulations
On February 27, 2026, in the 1,177th Board Meeting, ANP approved Resolution No. 996/2026, which regulates the certification of biomethane producers and importers for the purpose of issuing the Biomethane Guarantee of Origin Certificate (CGOB), in addition to regulating the accreditation of Origin Certification Agents (ACOs), bookkeeping, registration, and asset backing mechanisms.
Certification of origin is mandatory for the issuance of CGOB, and each production unit, whether domestic or foreign, must be individually evaluated by an accredited ACO. The resolution also aligns the accreditation criteria for ACOs with the requirements applicable to RenovaBio inspection firms, allowing agents already accredited in the program to operate in both programs.
The validity of biomethane origin certification is now four years, subject to annual monitoring, including mandatory on-site inspection at the time of initial certification. Regarding the CGOB issuance process, the resolution establishes specific windows for submitting requests:
(i) between 15 and 120 days when linked to the electronic invoice; and
(ii) between 60 and 120 days when there is potential for concurrent issuance of CBIO based on the same invoice.
The certificate will be valid for up to 18 months from the date of issuance and may be traded independently of the physical molecule. The Resolution also consolidates additional controls to avoid double counting of the environmental attribute of the CGOB by excluding this attribute from the trading of Biomethane separately from the molecule.
There is also a specific chapter on sanctions applicable to producers, importers, ACOs, bookkeepers, and registering entities, covering penalties ranging from warnings to cancellation of accreditation and suspension of CGOB issuance, depending on the severity of the violation.
This material is for informational purposes only. Our Oil & Gas team is available to provide specific legal advice.
