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, importers, self-producers and self-importers of natural gas with an average annual volume exceeding 160,000 m³/day are subject to the targets.
According to the regulation, the individual annual target for each obligated agent must be published by March 31 of the year in which it applies and shall be a whole number greater than zero, calculated by multiplying the agent’s market share (as a percentage) by the annual target to be set by the National Energy Policy Council (CNPE).
The establishment of such targets, individualized for obligated agents, therefore depends on the prior definition of the annual target by the CNPE, which has not yet been set. Until such a definition is established, the ANP will not set targets per agent.
The calculation of the market share of obligated agents must observe the following parameters: (i) calculation of net volumes, considering, for producers and self-producers, the volume produced minus the volume reinjected, and, for importers and self-importers, the volume imported minus the volume exported; (ii) calculation of the annualized average by dividing the total volume sold by the number of days in the year; (iii) exclusion of agents whose production or imports are equal to or less than 160,000 m³/day; and (iv) determination of the relative share of each obligated agent as the ratio between the respective volume sold and the total volume sold by all producers and importers.
Proof of compliance with the individual annual target must be provided by the obligated agent through the cancellation of CGOB records intended for meeting the target, with flexibility mechanisms similar to those of RenovaBio, such as the possibility of fulfilling up to 15% of the annual target in the following year, provided that the previous year’s target has been fully met.
Failure to meet the target in whole or in part subjects the agent to the penalties provided for in Law No. 14,993/2024 and Decree No. 12,614/2025, with fines ranging from R$ 100,000 to R$ 50 million, provided that the fine imposed may not be less than the economic benefit obtained by the offender. In the event of a repeat infraction, RANP 995/2026 provides for a minimum increase of 100% of the penalty amount.
The Resolution also stipulates that ANP must conduct a Regulatory Impact Assessment (ARR) after the first three years of the Biomethane Incentive Program, with the aim of evaluating the effects of the regulation and informing any necessary regulatory adjustments.
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 biomethane origin is mandatory for the issuance of CGOB, and each biomethane production unit, whether domestic or foreign, must be individually evaluated by an accredited ACO. The resolution also harmonizes the accreditation criteria for ACOs with those requirements applicable to RenovaBio inspection firms, making it easier for already accredited inspection firms to also become ACOs and operate in both programs.
The validity of biomethane origin certification is now four years, subject to annual monitoring by the ACOs. Regarding the CGOB issuance process, the resolution establishes specific windows for submitting requests for the issuance of CGOB collaterals:
(i) between 15 and 120 days when linked to the electronic invoice; and
(ii) between 60 and 120 days when the biomethane producer holds a valid Certificate of Efficient Biofuel
Production under the RenovaBio program, in order to verify that a CBIO was issued based on the same electronic invoice.
The certificate will be valid for up to 18 months from the date of issuance and may be traded with any economic agent until its retirement.
Lastly, failure to comply with the provisions of RANP 996/2026 will subject the violator to the administrative penalties provided for in Law No. 14,993/2024, Law No. 9,847/1999, and Decree No. 12,614/2025, with the possibility of a warning, a temporary 180-day suspension on new contracts, a temporary suspension on the issuance of new CGOBs or the cancellation of CGOBs issued improperly, suspension or cancellation of accreditation, cancellation of certification, and a fine ranging from R$ 100,000 to R$ 50 million. In the event of a repeated offense, the ACO, bookkeeper, and registration entity will also be subject to suspension or cancellation of accreditation.
This material is for informational purposes only. Our Oil & Gas team is available to provide specific legal advice.
