Board Decisions of ANP – May 2026

ANP approves new decision-making procedure and changes governance of the Collegiate Board

On April 24, 2026, during Collegiate Board Meeting No. 1,181, ANP approved changes to its Internal Regulations and internal decision-making process, later formalized by ANP Ordinance No. 356/2026 and ANP Normative Instruction No. 24/2026, respectively.

Among the main points, the new framework revokes Normative Instructions Nos. 19/2024 and 20/2024, extinguishing the role of “reference director” and strengthening the role of the reporting director in monitoring proceedings submitted for deliberation by the Collegiate Board. As a result, proceedings will generally be assigned by lot among the directors, with the reporting role remaining with the same director until deliberation is concluded.

ANP Normative Instruction No. 24/2026 also reorganizes the functioning of Collegiate Board meetings, distinguishing between the regulatory session, which may have a public or reserved agenda, and the administrative session. The public-agenda regulatory session will continue to be broadcast live, while the reserved agenda of the regulatory session and the administrative session will not be publicly broadcast.

The changes centralize the Director-General’s powers in certain administrative matters, including authority related to the appointment and designation of commissioned positions, travel authorization and the conduct of future proposals to amend the Agency’s Internal Regulations. In addition, the new framework establishes specific rules for impediment and conflict-of-interest situations, including a procedure for self-declaration and the possibility of challenge by other directors.

Finally, the rule governs the use of the deliberative circuit for administrative matters, matters with a consolidated understanding by the Collegiate Board, administrative appeals in sanctioning proceedings and urgent or relevant matters where delay may cause irreversible harm.

ANP approves opening of prior consultation on local content rules in E&P contracts

On May 15, 2026, during Collegiate Board Meeting No. 1,182, ANP approved the opening of a 60-day prior consultation on the Regulatory Impact Analysis Report (“AIR”) addressing the regulation of equal opportunities and the right of preference for Brazilian suppliers in the procurement of goods and services under oil and gas exploration and production contracts, within the scope of the local content policy.

The initiative seeks to regulate the application of the contractual clause under which operators must give preference to domestic suppliers when their proposals are equivalent or more advantageous in terms of price, timeline and quality compared to foreign suppliers, in line with CNPE Resolution No. 11/2023.

The AIR includes aspects such as: (i) criteria for the applicability of the preference, (ii) procurement procedures to ensure equal treatment, (iii) periodic disclosure of procurement schedules, (iv) inspection rules and (v) penalties in case of non-compliance. The full report and participation guidelines will be made available on ANP’s website after publication of the prior consultation notice in the Federal Official Gazette.

ANP approves public consultation and public hearing on update of decommissioning guarantees in E&P contracts

On May 15, 2026, during Collegiate Board Meeting No. 1,182, ANP approved the AIR Report, as well as the holding of a 45-day public consultation and a public hearing, regarding the proposal to change the frequency for updating financial guarantees related to the decommissioning of production facilities in oil and natural gas fields.

The draft resolution proposes changing the frequency for presenting the financial guarantees and the term that secure the resources required for decommissioning, currently governed by Resolution ANP No. 854/2021, from annual to triennial.

According to the Agency, the review seeks to reduce the operational burden on regulated agents and on ANP itself in updating guarantees, without compromising the effectiveness of the instruments and the sufficiency of the guaranteed amounts. The matter is part of Action No. 1.18 of ANP’s Regulatory Agenda for the 2025-2026 biennium.

Decommissioning comprises the set of activities related to the definitive interruption of operations, the permanent abandonment of wells, the removal of facilities, the proper disposal of materials and waste, the environmental recovery of affected areas and the preservation of safe navigation conditions.

It is a contractual obligation applicable at the end of the fields’ productive life, which is why E&P contracts require the presentation of financial guarantees intended to secure the resources required to carry out these activities, including instruments such as surety bonds.

ANP approves opening of public consultation and public hearing on amendments to rules for the commercialization of anhydrous ethanol and off-season stocks

On May 15, 2026, during Collegiate Board Meeting No. 1,182, ANP approved the holding of a 45-day public consultation, followed by a public hearing, on a proposal to review Resolution ANP No. 946/2023, which provides for acquisitions of anhydrous ethanol by fuel distributors and the formation of stocks for the sugarcane off-season period.

The review seeks to promote greater market efficiency, reduce operational costs and ensure greater regulatory equality between distributors and producers, while preserving mechanisms considered essential for predictability and monitoring of national fuel supply. According to the Agency, the proposal also aims to align the regulation with RenovaBio instruments and guidelines of the National Energy Policy Council.

The draft submitted to public consultation includes, among other measures: (i) the elimination of compulsory stock formation, (ii) the maintenance of the minimum ethanol contracting mechanism by distributors as an instrument for coordinating supply and demand, (iii) the termination of the current direct purchase regime under which distributors that fail to meet the contracting target must form ethanol stocks in a volume compatible with the sale of gasoline C in the previous year, and (iv) the streamlining of contractual procedures through the adoption of an electronic system for registration and automatic approval of contracts.

The initiative is part of Action No. 4.10 of ANP’s Regulatory Agenda for the 2025-2026 biennium and was preceded by an AIR Report that assessed the adequacy of the current model in light of recent transformations in the anhydrous ethanol market, including the expansion of production capacity, the growth of corn ethanol and logistical and monitoring advances in the sector.

This content is part of the Oil and Gas Newsletter for the month of May 2026, gathering the main sector highlights of the period. We emphasize that this material is for informational purposes only. Our team is available to provide additional information on these and other topics.