In June 2025, Brazil's National Agency of Petroleum, Natural Gas and Biofuels (ANP) published Resolution No. 984/2025, fully revoking the previous Resolution ANP No. 758/2018 and part of Resolution No. 802/2019. The new regulation governs the certification of efficient production or importation of biofuels and the accreditation of inspection firms, pursuant to Article 18 of Law No. 13,576/2017 (RenovaBio Law).
The new Resolution is the result of a Regulatory Impact Assessment process and underwent public consultation and hearing. It consolidates guidelines already provided in the previous framework, introduces relevant innovations, and promotes adjustments to enhance regulatory clarity and effectiveness. It does not, however, address provisions introduced by Laws No. 15,082/2024 and No. 14,993/2024, whose specific regulations are expected under ANP's 2025–2026 Regulatory Agenda.
Key improvements include:
- Redefinition of biomass producer profiles, now categorized as typical, primary, and penalized profiles.
- Express inclusion of foreign producers and vegetable oil producers, with specific eligibility criteria.
- Enhanced traceability requirements for the grain custody chain, increasing control over raw materials and intermediate products.
- Provision for a bonus of up to 20% in the Energy-Environmental Efficiency Score (NEEA)for biofuels with net negative emissions.
- Possibility of initial certification based on only four months of operational data, in the case of newly operating production units.
- Mandatory new evaluation if there is a drop of more than 10% in the previously certified NEEA.
- Provision for transfer of certificate ownershipin cases of corporate restructuring (merger, spin-off, or acquisition).
The Resolution maintains the requirement that certification must be based on production pathways previously parameterized in the Renovacalc tool. The inclusion of new pathways is subject to the submission of a technical proposal and a public consultation process.
The Environmental, Climate Change and ESG Practice of Tauil & Chequer Advogados in association with Mayer Brown is available for further clarification on the subject.
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