Oil & Gas Newsletter | August 2026

On 08/06/2026, the Special Bidding Commission (CEL) published two notices informing the sectors that will be offered in the public sessions of the 6th Cycle of the Permanent Offer under the Concession Regime (OPC) and the 4th Cycle of the Permanent Offer under the Production Sharing Regime (OPP).

In the 6th OPC Cycle, 22 sectors of exploratory blocks will be offered, located in 9 basins: Campos, Santos, Ceará, Espírito Santo, Parnaíba, Potiguar, Recôncavo, Tacutu and Tucano. In addition, two marginal accumulations will be offered, located in the Potiguar Basin and the Tucano Basin.

In the 4th OPP Cycle, 13 blocks located in the Santos and Campos basins will be offered: Azurita, Hematita, Larimar, Magnetita, Turmalina, Aragonita, Cerussita, Cruzeiro do Sul, Granada, Jade, Opala, Rodocrossita and Rubi.

Both notices approved the declarations of interest, both under the OPC and the OPP, which were submitted together with offer guarantees by 07/21/2026. The deadline for submitting offer guarantees, whether or not accompanied by declarations of interest, ended on 08/31/2026. However, companies that did not submit a declaration of interest may participate in the bidding through a consortium with a company that did.

The public bid-submission sessions for the 6th OPC Cycle and the 4th OPP Cycle will take place on 10/07/2026.

On 09/03/2026, the Executive Management Committee of the Foreign Trade Chamber (Gecex) published Resolution No. 957/2026, which extends for 60 days the levy of the export tax on crude petroleum oil and bituminous minerals at a rate of 12%. Although the collection of the tax is the subject of judicial controversy, there is no decision in force that prevents the measure from taking effect. Resolution No. 957/2026 came into force on 09/08/2026, and can be accessed at the following.

Law No. 14,134/2021 (the New Gas Law) assigned to the ANP, under Article 33, the duty to monitor the functioning of the natural gas market and to adopt mechanisms to stimulate competitiveness and reduce supply concentration, including compulsory natural gas sale programs (Gas Release), deconcentrating measures, and restrictions on sales between producers, after prior consultation with the competent body of the Brazilian System for the Defense of Competition (SBDC). This framework is reinforced by Decree No. 10,712/2021 (which regulates the New Gas Law, as amended by Decree No. 12,153/2024, addressing essential facilities and deconcentrating mechanisms in Article 22-E) and by CNPE Resolution No. 3/2022, which recommended that the ANP prepare a competition diagnosis and assess measures for the progressive release of natural gas. It is within this regulatory context that the draft Resolution now under public consultation is situated, formally establishing the Program for the Reduction of Concentration in the Natural Gas Market (Gas Release).

Scope and objectives

The program applies to the wholesale natural gas market aimed at non-thermoelectric consumers located in areas served by the integrated transport network. Its objective is to reduce the concentration of supply and trading through the compulsory sale of natural gas, expanding competition, contestability, liquidity and efficient price formation, and reducing barriers to entry. Implementation must preserve the security of supply, incentives for investment, non-discriminatory access to essential infrastructure, and the efficient functioning of the industry.

Operational structure

Gas Release will be carried out in competitive cycles of 4 years, the first being set between 01/01/2027 and 12/31/2030, with annual auctions and the possibility of extraordinary auctions. During the execution of each competitive cycle, the ANP will continuously monitor the functioning of the reference market and the implementation of Gas Release. At the end of each cycle, the ANP will conduct a Regulatory Outcome Assessment (ARR), considering the evolution of the Herfindahl-Hirschman Index (HHI), market liquidity, and the conditions for entry and expansion of agents. Each cycle, the ANP will designate the “agent subject to Gas Release” based on market share, market power, influence over prices, and the ability to impose barriers to entry, among other criteria. The potential designee will be entitled to comment up to 15 days before the decision, which must occur within 90 days of the conclusion of the ARR.

Volumes, prioritization and products

The volumes allocated to the competition target follow an order of prioritization among sources (domestic third-party gas, gas imported via Gasbol, Federal Government gas, and other volumes), and the use of the designated agent’s own production for this purpose is prohibited. The volumes will be structured into products and lots, with the possibility of differentiation by term, delivery point, and supply modality.

Auctions, notice and contracting

The notice, published at least 3 months in advance, will define the schedule, qualification, reference price, offer rules, and the mandatory contractual model approved by the ANP. Contracting outside the approved model is prohibited. The ANP may set acquisition limits per participant or economic group, and qualification does not generate a right to award. Participation as a purchaser is prohibited for the agent subject to Gas Release itself and for controlling, controlled, affiliated companies, or companies of the same economic group, with the concept of control/affiliation assessed under Law No. 6,404/1976.

Reference price and execution

For each auction, the ANP will set a minimum reference price, the methodology of which will observe competition objectives and the adequate remuneration of the designated agent. Supply under the annual contracts must begin on the first day of the calendar year following the auction, unless an exception is justified by the ANP. The agent subject to Gas Release must, among other obligations, maintain functional and informational segregation between the program’s activities and its other commercial activities.

Monitoring and final provisions

The ANP will continuously monitor the market and will publish, by April of each year, a report with the calculation of the HHI and other competition indicators. For the first cycle, Petrobras is designated from the outset as the agent subject to Gas Release, with a competition target of an HHI equal to or below 2,500 points in the reference market during 2028. Failure to comply with the obligations subjects offenders to the penalties of Law No. 9,847/1999, without prejudice to other applicable sanctions.

In August 2026, the ANP published Technical Notes No. 04/2026 and No. 05/CGOB, which respectively establish the procedures and documentation for the certification of biomethane producers and importers with a view to issuing the CGOB. Technical Note No. 04/CGOB establishes the minimum requirements to be followed by the Origin Certifying Agent (ACO) in the certification of biomethane producers and importers. The producer or importer must contract an ACO accredited by the ANP, which will have autonomy to assess compliance with regulatory and normative requirements. The certification includes a mandatory on-site audit at the production facility, with verification of operational records, measurement systems, internal controls, and the participation of technical officers.

The assessment covers: (i) the conformity of the raw materials used, their origin and documentary traceability; (ii) the level of efficiency of the facilities and the consistency of operational records; (iii) the technical adequacy of production measurement equipment, including valid and traceable calibration; (iv) the recording and control systems that ensure the traceability of biomethane and prevent double counting; and (v) where applicable, the methodology used to calculate carbon intensity. If the producer holds a valid RenovaBio certification, this will be considered sufficient to prove the declared carbon intensity.

Technical Note No. 05/CGOB provides guidance on electronic filing via the Electronic Information System (SEI) for submission of the documents required for the certification process. The ACO must submit to the ANP: (i) a contracting notice, stating the corporate name and CNPJ of the ACO and of the economic agent, the date of signature of the contract, and the expected period of the in loco audit; (ii) a report on the biomethane origin certification process, including information on the on-site audit performed, signed by the entire audit team; and (iii) a statement of responsibility and conflict of interest signed by all auditors who participated in the certification process, as well as by a representative of the economic agent.

The certification will be valid for four years from the date of approval by the ANP, conditioned on annual monitoring of the certified information. The first monitoring must be carried out within two years of approval of the process, and the second within three years. Renewal of the certification is mandatory whenever there is a change in the raw material used in biomethane production or in any other certified information registered in the CGOB.

These guidelines add to the Technical Notes previously published by the ANP: Technical Note No. 01/CGOB (Accreditation of the Origin Certifying Agent), Technical Note No. 02/CGOB (Accreditation of the Bookkeeper), and Technical Note No. 03/CGOB (Accreditation of the Registering Entity).

All Notes and their updates can be accessed on the ANP portal at the following link.

On 08/25/2026, CNPE Resolution No. 15, of July 30, 2026, approved by the President of the Republic on 08/24/2026, was published in the Official Gazette of the Federal Government. It amends the Federal Government’s natural gas trading policy established in CNPE Resolution No. 15/2018 and defines the natural gas supply policy to increase, on economic bases, its use.

On the Natural Gas Trading Policy

The trading of Federal Government gas may be carried out by PPSA or by a contracted trading agent, which may be remunerated with natural gas, LPG, and other derivatives produced in processing, provided that the advantage to the Federal Government is demonstrated (Art. 4, § 9). PPSA may also contract access to flow, processing and transport infrastructure, and may assign to the trading agent the access contractual instruments already entered into (Art. 4, § 10). For the operationalization of the offer by the trading agent, the possession or ownership of unprocessed natural gas, processed natural gas, LPG, and other derivatives may be transferred for consideration to the trading agent (Art. 4, § 8). PPSA may carry out the transfer before entry into the Integrated Flow System and reacquire possession or ownership of the processed products after they leave the Integrated Processing System (Art. 4, § 11). Exceptionally, on economic bases, PPSA may negotiate with the trading agent the exchange of natural gas derivatives for natural gas or vice versa (Art. 4, § 12).

The notices, contracts, and sales carried out by the trading agent may use, in the parametric pricing formula, international references for oil and natural gas prices, such as Brent, WTI and Henry Hub, provided they bear a relationship to the reference price set by the ANP (Art. 4, § 5). If trading is carried out directly by PPSA, it will preferably be by auction, with oil and natural gas to be offered at a price at least equal to the last reference price published by the ANP. If there are no interested parties, PPSA may accept lower offers, provided they are compatible with market value and duly justified (Art. 5, §§ 1 and 2). The trading of processed natural gas will be carried out based on market price (Art. 4, § 13 and Art. 5, § 7).

On the Natural Gas Supply Policy

The new resolution establishes as being in the interest of the National Energy Policy the supply policy for the Federal Government’s processed natural gas to increase, on economic bases, its priority use by the free consumer of the industrial sector as raw material or for energy use in production processes (Art. 3). Short-term auctions, with delivery scheduled from 2026 to 2030, will be primarily allocated to the base industry sectors, in firm, interruptible, or flexible contracts (Art. 4, §§ 1 and 2). The uncontracted surplus volume may be offered at market prices to other free consumers, traders, transporters, and state piped-gas concessionaires, preferably at the virtual trading point (Art. 4, § 3). PPSA is permitted to allow the participation of other suppliers of processed natural gas, of domestic or imported origin, to offer their own volumes to participating buyers (Art. 4, § 5).

Long-term auctions, with delivery scheduled from 2030 onward, will be carried out directly by PPSA and will have their volumes allocated, wholly or partially, to the base industry sectors, conditioned on the undertaking being new or on the expansion of an existing undertaking (Art. 5, caput). The expansion of production capacity must be proportional to the acquisition of Federal Government natural gas (Art. 5, IV). Projects must be qualified by the EPE, which will assess the amount of natural gas corresponding to new undertakings or to expansion (Art. 5, § 3). The participation of other suppliers of processed natural gas and biomethane, of domestic or imported origin, is permitted (Art. 5, I). The surplus volume may be traded through auction or direct sale to all free consumers, traders, transporters, and state concessionaires (Art. 5, § 4). PPSA may allocate a portion of the processed natural gas volume for trading in the spot market, preferably at the virtual trading point, as a way to encourage the formation of a supply price reference in the Brazilian market (Art. 7).

The auctions referred to in Arts. 4 and 5 will be carried out by PPSA and supervised by the Ministry of Mines and Energy, which will issue the necessary complementary rules (Art. 6). Trading, whether directly by PPSA or through a trading agent, of volumes that expose the Federal Government to liability for operational risks arising from their non-withdrawal is not subject to the restrictions of Arts. 4 and 5 (Art. 8).

On 08/12/2026, ANP Resolution No. 1,006, of August 11, 2026, was published, establishing the specifications for biomethane intended for vehicular use and for residential, industrial, and commercial installations, as well as the quality control requirements to be met by economic agents that trade the product in the national territory. The resolution applies to biomethane produced from the purification of biogas originating from sanitary landfills, sewage treatment plants, organic waste, agrosilvopastoral, agroindustrial, and commercial waste, as well as from other technological routes that use raw material of renewable origin. The rule revokes ANP Resolutions No. 886/2022 and No. 906/2022.

The trading of biomethane that does not meet the specification established in Annex I of the resolution is prohibited, except in exceptional cases expressly provided for. On an exceptional basis, the trading of biomethane with a different specification is permitted for industrial consumers, provided that delivery is made by a transport vehicle or by a pipeline dedicated exclusively to the movement of biomethane, under a formal agreement between the parties. In this case, biomethane acquired outside the specifications cannot be used for vehicular supply, whether in one’s own fleet or that of third parties (Art. 27, I).

The blending of biomethane with natural gas is permitted, including through injection into the pipeline transport system or the piped-gas distribution network, provided that the resulting blend meets the natural gas specification established in ANP Resolution No. 982/2025 (Art. 2). The injection of biomethane with a different specification into the piped-gas distribution network is also permitted, provided that the resulting blend fully meets the natural gas specification, subject to prior approval by the ANP, a formal agreement with the distributor, and the consent of the state regulatory agency (Art. 27, II). Finally, the resolution permits the enrichment of biomethane with green ethane, green propane, green butane, BioLPG, natural gas, propane, butane, or LPG, exclusively to adjust the characteristics of higher heating value and the Wobbe index (Art. 34).

Quality control

Biomethane producers must ensure the quality of the product to be traded, perform the analyses of the physical-chemical characteristics established in Annex I, and issue the corresponding quality certificate. The analyses must be performed daily, by sampling and in-line analysis, from the first supply (Art. 5). Alternatively, certain characteristics may be analyzed by manual sampling and laboratory analysis, with specific frequencies.

For biomethane produced from biogas originating from sanitary landfills or sewage treatment plants, the resolution requires prior approval by the ANP of the quality control of the parameters set out in Annex II, upon submission of a risk analysis report prepared using the HAZOP (Hazard and Operability Study) methodology by an independent consultancy (Arts. 15, 18 and 19). The producer must maintain at least one secondary technical barrier, independent of the purification process, intended for the removal of siloxanes, halogenated compounds, and other contaminants that may cause harm to public health and the environment (Art. 20). In addition, producers of biomethane made from biogas, regardless of origin, must install a 1.0μm filter to retain microorganisms (Art. 31).

Approval of quality control by the ANP is waived for biomethane produced from sanitary landfills or sewage treatment plants when intended exclusively for trading with an industrial consumer, provided that the movement is carried out by a transport vehicle or by a pipeline dedicated exclusively to the movement of biomethane (Art. 16). The biomethane producer is also exempt from meeting the Annex I specification when trading is intended solely for electricity generation, under the same movement conditions (Art. 28).

Transitional provisions

The resolution came into force on 08/13/2026. A biomethane producer that, on the date of entry into force, trades product with a different specification exclusively with an industrial consumer must comply with Art. 27, I, by 02/09/2027 (Art. 37). For biomethane produced from sanitary landfills or sewage treatment plants, the obligation to install the microorganism-retention filter will take effect from 08/13/2027, and the producer must maintain, during the compliance period, the microorganism control adopted under ANP Resolution No. 886/2022 (Art. 38).

On August 26, 2026, ATGás filed a lawsuit against the ANP in the 4th Federal Civil Court of the Federal District Judicial Section seeking to overturn the Recovered Capital Method (RCM) – an alternative methodology proposed by the agency for the BRA valuation of NTS and TAG legacy contracts—and requesting a declaration of the formal and substantive illegality of Article 6, Paragraph 9, of ANP Resolution 991/2026.

The association focuses its challenge on the regulatory process, alleging the retroactive application of the rule to ratified legacy contracts (violating the principle of a perfected legal act and the 2009 and 2021 Gas Laws), the absence of a transition regime (Article 23 of LINDB – Law of Introduction to the Norms of Brazilian Law), the lack of a specific Regulatory Impact Analysis (RIA), and the absence of prior public consultation and hearings; it further argues that the RCM is not a methodology “widely recognized and adopted by the market.”

The RCM would reduce the pipeline remuneration base claimed by TAG and NTS by R$ 10 billion, based on the understanding that NTS’s assets are already 100% amortized.

On 08/13/2026, Decree No. 13,094/2026 was published, regulating the National Sustainable Aviation Fuel Program (ProBioQAV). The Program, established by the Fuel of the Future Law (Law No. 14,993/2024), sets annual decarbonization targets for the aviation sector through the use of sustainable aviation fuel (SAF) by air operators. The new decree regulates aspects such as the certification requirements for producers, importers, and blending agents, the methodology for calculating GHG emissions, the trading of the SAF certificate, and the powers of the CNPE, the ANP, and Anac.

Obligations of the producer, importer and blending agent

SAF producers, importers, and blending agents must ensure that the fuel meets the specifications established by the ANP (Art. 5). To that end, an inspection firm must be contracted to certify the SAF. Certificates issued in accordance with the international standards of ICAO’s CORSIA (Carbon Offsetting and Reduction Scheme for International Aviation) will also be accepted (Art. 10, § 1, II). In any case, the quantitative and qualitative data of the SAF produced and traded must be provided to the ANP. The concept of “blending agent” covers the producer of JET A or JET A-1, the SAF producer, and the aviation fuel distributor authorized to blend SAF with traditional fuel or to produce co-processed aviation fuel. This agent is responsible for contracting a registering entity for the bookkeeping and issuance of the CS-SAF, in proportion to the volume of SAF traded for domestic and international flights (Art. 6). In addition to performing or contracting the performance of the fuel blending, blending agents may trade the CS-SAF with any air operators (Art. 7).

Methodology

For the purpose of compliance with the regulatory target by air operators, the equivalent emissions values per unit of SAF energy will be calculated using the Life Cycle Analysis (LCA) methodology, which analyzes the impacts of the fuel from the extraction of the raw material to the final disposal (“well-to-wake”). The definition of the emissions values must consider the RenovaBio (National Biofuels Policy) carbon intensity calculation tool, as well as the definitions used by ICAO’s CORSIA (Art. 8).

SAF sustainability certificate

The decree provides that it is the ANP’s responsibility to establish and regulate the National SAF Certification Program (Art. 9). However, although it grants autonomy to the ANP to define the methodologies and procedures for issuing the sustainability certificate, the decree establishes that the regulation must observe the updated definitions of ICAO’s CORSIA and RenovaBio. In order to avoid double counting of the environmental benefit associated with SAF, the issuance of CBIOs (RenovaBio Decarbonization Certificate) in SAF production is prohibited. The domestic producer may choose certification under the National SAF Certification Program or in accordance with the CORSIA definitions, while the importer must certify the SAF in accordance with CORSIA or a program that may eventually replace it (Art. 10).

The certification of SAF will be carried out by an inspection firm accredited with the ANP. To obtain accreditation, the required technical and operational criteria must be demonstrated, such as technical capacity, impartiality, and experience in the field (Art. 11, et seq.). The issuance of the CS-SAF will be carried out by a registering entity, after verification of the backing of the operation by the ANP (Art. 21, et seq.). The certificate must contain the control number assigned by the ANP, in addition to a serial number. The entities must also maintain an electronic platform for trading CS-SAF, keeping a record of issuance, transfer, and retirement operations, along with data on origin, volume, and serial number. The ANP may regulate the charging of fees for the use of the platform, based on objective, transparent, and non-discriminatory criteria.

Trading

The trading of SAF in the market must observe the rules to be issued by the ANP and Anac, in order to preserve the environmental integrity of the environmental attributes. The separation of the environmental attribute of the SAF from the physical product (book-and-claim) is permitted (Art. 14). In order to avoid double counting, from the trading of the CS-SAF, the corresponding physical molecule will not be eligible for accounting for the purpose of complying with the regulatory target.

Transitional measures

The Decree provides for alternative mechanisms for partial compliance of up to 5% of the annual obligation (Art. 34, et seq.). LCAF, CBIO, international SAF sustainability certificates, and CRVE may be used. As a transitional rule, this limit will be changed to 15% in 2027 and 2028 and to 10% in 2029. It is the CNPE’s responsibility to monitor the conditions for compliance with the regulatory targets (Art. 31, et seq.). The ANP and ANAC may hold public calls to map the firm supply of SAF and of SAF Sustainability Certificates (CS-SAF), in addition to continuously monitoring the functioning and competition in the SAF and CS-SAF production, trading, and certification markets.

Furthermore, it is the responsibility of ANAC to define the methodology for calculating the emission reductions obtained with the use of SAF and other authorized instruments (Art. 35). The agency will also be responsible for overseeing air operators’ compliance with obligations, measuring the results in the year following the obligation, annually disclosing compliance indices, and regulating the procedures for recording and sharing information among the bodies involved (Art. 36).

Finally, the Decree establishes that the ANP and ANAC must issue all necessary regulations by December 18, 2026 (Art. 44). While the electronic systems intended for environmental backing and the management of CS-SAF certificates are not operational, ANAC will be responsible for defining provisional mechanisms to prove compliance with the regulatory targets (Art. 45). Taken together, the provisions reinforce the program’s regulatory governance, create instruments for continuous monitoring and oversight, and seek to ensure the environmental, economic, and competitive integrity of the Brazilian SAF market.

On 08/14/2026, CNPE Resolution No. 12/2026 was published, amending CNPE Resolution No. 5/2026. It establishes that all biodiesel used for the mandatory blend with diesel B must originate from a production unit authorized by the ANP and holding the Social Biofuel Seal. In practice, this provision makes it impossible to use imported biodiesel for this purpose.

In addition, on 08/14/2026, CNPE Resolution No. 11/2026 was also published, revoking CNPE Resolution No. 3/2015, which dealt with the trading and voluntary use of biodiesel, given that the topic was regulated by the Fuel of the Future Law.

On 08/28/2026, the ANP opened a public consultation to revise the rules for monitoring compliance with the mandatory biodiesel blend. The resolution draft amends ANP Resolution No. 729/2018, which deals with the submission of information to the ANP by regulated agents, to authorize the ANP to access the invoices issued by the producer, distributor, or foreign trade agent in transactions involving biodiesel, diesel A, and diesel B.

The proposal also grants the ANP daily access to the electronic invoices (NF-e) of transactions involving biodiesel, diesel A, and diesel B that involve biodiesel producers, petroleum-derivative producers, importers, and distributors of liquid fuels that trade biodiesel, diesel A, and diesel B. The computerized system for managing and making available the NF-e will be funded by the biodiesel producer, in an amount to be determined by the agency.

In addition, the draft amends ANP Resolution No. 857/2021, which deals with the rules for trading biodiesel to meet the mandatory blend. The new rule requires the ANP to perform volumetric balance analyses using the tax information of liquid-fuel distributors. The supply of diesel A, B, or C will be blocked for distributors that present inconsistent volumetric balances or that fail to provide the data necessary for the analysis.

On 08/17/2026, the ANP opened public participation on the new versions of RenovaCalc, the tool for calculating the carbon intensity of biofuels, and the associated technical documentation within RenovaBio. The GHG emission factors, energy parameters, and methodological procedures used in the calculation of the Energy-Environmental Efficiency Score (NEEA) were revised, in addition to the incorporation of new databases.

Public contributions may be sent until 09/16/2026 to the email address renovabio@anp.gov.br.

On 08/13/2026, Decree No. 13,096/2026 was published, regulating Law No. 14,948/2024 – the legal framework for hydrogen – and Law No. 14,990/2024 – which established the Low-Carbon Hydrogen Development Program (PHBC). The Decree provides for the implementation of the National Low-Carbon Hydrogen Policy, regulates the PHBC, and establishes the Rehidro (Special Incentive Regime for the Production of Low-Carbon Hydrogen). In addition, the rule sets out the requirements and procedures for the qualification of the producer and the certification of hydrogen.

Management Committee

The Decree defines the Management Committee of the National Hydrogen Program (Coges-PNH2) as a collegiate body supporting the National Energy Policy Council (CNPE) for the implementation of the National Low-Carbon Hydrogen Policy and ratifies the Committee’s previous acts (Art. 4). It is the Management Committee’s responsibility to propose the guidelines and policies related to the exploration and production activities of natural hydrogen, coordinate and supervise the National Hydrogen Program (PNH2), establish the guidelines of the Rehidro and the PHBC, produce technical reports, and comment on the development of low-carbon hydrogen technological routes and the minimum percentage of use of domestically sourced goods and services in production projects (Art. 5). The Coges-PNH2 is coordinated by the Ministry of Mines and Energy and composed of representatives of various ministries and bodies, of ANEEL, ANP, ANA, and EPE, in addition to representatives of the States and the Federal District, the scientific community, and the productive sector. CCEE, Inmetro, and BNDES are permanent guests, with the right to speak but without the right to vote (Art. 6).

Hydrogen Production

The agent producing hydrogen, its derivatives, and carriers must obtain authorization from the ANP (Art. 8). Authorization is waived for RD&I projects and for production intended for own consumption, for use as an industrial input, or for non-energy uses, in which cases registration with the competent regulatory body remains required. The ANP may establish other cases of exemption and limit the cases provided for according to, among other factors, the volume produced (Art. 9). The ANP must observe the powers of the other regulatory agencies, in particular ANA, ANEEL, ANTT, ANTAQ, and ANAC, according to the activity involved. A joint act may be issued among these agencies to define the guidelines and requirements of the production, transport, and use activities of low-carbon hydrogen, where applicable (Art. 10).

The Decree provides that the E&P activities of natural hydrogen will be carried out through concession contracts. It is the ANP’s responsibility to regulate the procedure and requirements of the concession, define the need for prior bidding, and establish a simplified rite when the activity does not occur in sedimentary basin regions, and it may require guarantees for contractual compliance. In sedimentary basin regions, the ANP may include natural hydrogen as an object in the bidding of oil and natural gas E&P areas and, upon the operator’s request, negotiate its inclusion in existing contracts (Arts. 11 to 14).

The ANP must also regulate the geology and geophysics services applied to the prospecting of natural hydrogen and may authorize technical data acquisition activities for its exploration (Art. 15). The producing entities must submit to the accident or disaster risk management instruments required by the ANP and by environmental licensing. These instruments must consider a risk identification and analysis methodology, and the emergency action plan must identify accident scenarios, assess response capacity, and present effective response actions (Arts. 16 to 18).

Hydrogen Certification

The Brazilian Hydrogen Certification System (SBCH2) is composed of the Coges-PNH2, as the competent authority, the ANP, as the regulatory authority, Inmetro, as the accrediting institution, and CCEE, as the records manager (Art. 19).

CCEE will be the manager of the certificate records (Art. 19), and hydrogen certification will be carried out by certifying entities accredited by Inmetro (Art. 20). The accounting of GHG emission intensity must follow the ANP’s regulation, based on the life cycle analysis of hydrogen (Art. 21). The boundaries of the certification system extend from the extraction of the raw material to the consumption gate. Until December 31, 2030, they may be accounted for from the extraction of the raw material to the production gate; after that period, they may be reviewed by regulation, based on a proposal by the Coges-PNH2 supported by studies coordinated by the ANP (Art. 22).

The emissions associated with the production of capital goods for new projects intended for the production of low-carbon hydrogen must be considered and reported separately until December 31, 2030. This requirement may be reviewed as of January 1, 2031, upon a proposal by the Coges-PNH2 supported by ANP studies. Reporting may be waived when the regulatory authority considers such emissions marginal (Art. 25).

The certificate issued by the certifying company must be registered in the national database of hydrogen certificate records, to ensure traceability and avoid double counting. The registration service will be remunerated by the party requesting it, according to criteria established by the ANP (Arts. 26 to 27).

Rehidro

The Rehidro suspends the levy of PIS/PASEP and COFINS on revenues arising from the sale of new machines, apparatus, instruments, and equipment, from the sale of construction materials, from the provision of services, and from the lease of machines, apparatus, instruments, and equipment, when intended for approved low-carbon hydrogen projects and incorporated into or used in fixed assets (Art. 29). On importation, the suspension covers PIS/PASEP-Import and COFINS-Import. The suspension may be enjoyed in the acquisitions, leases, and imports of goods and in the acquisitions and imports of services for use in projects approved by legal entities qualified or co-qualified in the Rehidro, provided they are carried out between the date of qualification and December 31, 2026. For this purpose, the date of contracting is considered, regardless of receipt of the good or provision of the service (Art. 30).

The enjoyment of the Rehidro benefits depends on prior qualification or co-qualification, granted by the Ministry of Mines and Energy based on technical analysis by the ANP, and on definitive qualification or co-qualification, granted by the Special Secretariat of the Federal Revenue of Brazil (Art. 33). Qualification may be requested by the legal entity that owns a low-carbon hydrogen and derivatives production undertaking. Co-qualification is intended for projects for the packaging, storage, transport, distribution, or trading of low-carbon hydrogen, for the generation of renewable electricity for its production, or for the production of biofuels used as input (Art. 34).

The qualified or co-qualified legal entity must apply a minimum percentage of 1% of the total investment value in sustainable energy transition development projects located in the country, within five years from the definitive qualification of the undertaking (Art. 35). In the prior qualification, the interested party must undertake to observe a minimum local content of 15% for production systems via electrolysis and their electrolyzers, 40% for production systems by other routes, and 60% in the acquisition of materials and equipment corresponding to the distribution and transport systems and in the contracting of services not related to production systems via electrolysis and their electrolyzers. It must also apply a minimum percentage of 1% of the total investment value in RD&I. The local content percentages may be reviewed by act of the CNPE, upon a proposal by the Coges-PNH2 (Art. 37).

The tax suspension converts into a zero rate after the incorporation or use, in the low-carbon hydrogen project, of the goods or services acquired or imported with the Rehidro benefits. The legal entity must submit a declaration issued by the ANP attesting to compliance with the investment in sustainable energy transition development projects located in the country and, in qualified projects, a declaration from the ANP on the requirements of Art. 37, in addition to a certificate issued by an SBCH2 certifying company confirming that the hydrogen collected or produced is low-carbon (Art. 31). If these conditions are not met, the beneficiary legal entity must pay the contributions not paid due to the suspension, plus a fine and default interest or ex officio, without the right to the discount of the credits calculated in the form of the applicable legislation (Art. 31).

Incentivized Debentures

Projects approved in the Rehidro are considered priority for the purpose of issuing incentivized infrastructure debentures under Art. 2 of Law No. 12,431, as regulated by Decree No. 11,964 (Art. 32).

Low-Carbon Hydrogen Development Program (PHBC)

The tax credits under the PHBC may be granted between 2030 and 2034, under Law No. 14,990/2024 (Art. 52). The grant will take place through a competitive procedure promoted, directly or indirectly, by the Ministry of Finance, to select projects of producers and consumers of low-carbon hydrogen and its derivatives produced in the national territory. The notice will be submitted in advance to public consultation. The program prioritizes projects for the own consumption of hydrogen in energy or non-energy industrial processes, especially in the fertilizer, steel, cement, chemical, petrochemical, and heavy transport sectors (Art. 53).

After the public session for the submission of proposals and the ranking of the proponents, the qualification phase begins, the term of which may not exceed ninety days. Participation in the public session requires the provision of guarantees in favor of the National Treasury Secretariat, in the amount and modalities defined in the notice (Arts. 55 to 56). Once the result is awarded, the benefiting legal entity must present guarantees of up to 10% of the total tax credit granted, also in favor of the National Treasury Secretariat (Art. 57). The result will be ratified by the Ministry of Finance through an act that will define the conditions and deadlines for using the tax credits (Art. 58).

Transitional measures

Hydrogen production facilities that were already in operation on the date of publication of the Decree must request authorization from the ANP within two years of that date (Art. 8, sole paragraph). While the complementary acts provided for in Art. 36 are not issued, the ANP will be responsible for processing the prior qualification and co-qualification processes in the Rehidro, without prejudice to the publication of the ordinance by the Ministry of Mines and Energy (Art. 51).

While there is no accreditation for a specific scope by the accrediting institution, the ANP may use the list of certifying companies accredited in a similar scope, establish procedures for the qualification of these companies, and proceed with their designation (Art. 64).

On 08/13/2026, Decree No. 13,095, of August 12, 2026, was published, regulating Arts. 26 to 29 of Law No. 14,993/2024 (the Fuel of the Future Law), establishing the conditions for carrying out the activities of capture, transport by pipeline, and geological storage of carbon dioxide in the national territory. The Decree establishes additional guidelines to those provided for in Art. 27 of Law No. 14,993/2024, lists the technological routes for capture and geological storage, governs the conditions for authorization and termination of the authorization of the regulated activities, and is applicable to projects started on a date prior to its publication (Art. 12).

Technological Routes

The Decree recognizes six technological routes for capture and geological storage (Art. 4, I to VI): 1 – Bioenergy with Carbon Capture and Storage – BECCS; 2 – Bioenergy with Carbon Capture, Utilization and Storage – BECCUS; 3 – Carbon Capture and Storage – CCS; 4 – Carbon Capture, Utilization and Storage – CCUS; 5 – Direct Air Carbon Capture with Storage – DACCS; 6 – Direct Air Carbon Capture with Utilization and Storage – DACCUS. In addition to these, the ANP may establish other technological routes that may be developed (Art. 4, sole paragraph).

Guidelines and planning

Art. 2 of the Decree establishes the following guidelines, in addition to those provided for in Law No. 14,993/2024: (i) promotion of the environmental and operational safety of the activities of capture, transport by pipeline, and geological storage of carbon dioxide; (ii) encouragement of technological innovation and the decarbonization of industrial sectors; (iii) respect for existing contracts, property, and the rights of third parties; (iv) guarantee of traceability, additionality, and permanence of the reductions and removals of carbon dioxide emissions arising from the regulated activities; (v) incentive for the formation of multi-user hubs and the development of shared infrastructure for capture, transport by pipeline, and geological storage of carbon dioxide, with a view to optimizing costs, expanding the scale of projects, and promoting efficient access to infrastructure; and (vi) planning of carbon dioxide pipeline transport corridors, so as to prioritize the reuse of existing gas pipelines, when technically feasible, and integration with industrial poles and capture and geological storage hubs, in order to ensure logistical efficiency and operational safety (Art. 2, I to VI).

The MME, with the support of the EPE, must prepare the indicative plan for capture, pipeline transport, and geological storage infrastructure for carbon dioxide (Art. 6). The plan must consider, at a minimum: the public interest; the identification of hubs for the development of infrastructure; the provision for geological storage in the country; the optimization and availability of infrastructure; the use and sharing of existing infrastructure; the individual and overall efficiency of infrastructure to promote a lower systemic cost impact over time; and the rules for interconnection among infrastructures (Art. 6, § 1). The plan will be revised every two years (Art. 6, § 2). The Decree defines permanence of reductions and removals as the retention of carbon stored in a geological formation for a minimum time horizon of 50 years or proof of irreversible mineralogical trapping (Art. 3, IV).

Authorization and regulation

It is the ANP’s responsibility to authorize, regulate, and oversee the activities of capture, transport by pipeline, and geological storage of carbon dioxide, as well as to govern the technical conditions and the procedure for authorization, regulation, oversight, and closure of these activities (Art. 7, caput and § 1). The ANP may require the presentation of guarantees and instruments that financially secure the activities at all their stages (Art. 7, § 2). The ANP’s authorization does not waive environmental licensing (Art. 7, § 4). The agency must provide for the development of business models based on shared infrastructure, observing free access, transparency, and non-discrimination, so as to favor multi-user arrangements, economic efficiency, and competition in the regulated activities (Art. 10).

The activity of geological storage of CO₂ not originating for the purpose of enhanced oil recovery (EOR) will be admitted upon approval by the ANP of the development plans, and is subject to the obligations set out in Art. 29 of Law No. 14,993/2024 (Art. 7, § 3). The authorization to carry out the geological storage activity may comprise the phases of: (i) research and assessment of geological storage; and (ii) geological storage operation, with deadlines and obligations established by the ANP (Art. 8). In the event that there is more than one agent interested in the same storage block, the prioritization criteria and conciliation procedures established by the ANP will be followed, observing the competence of the Minister of State for Mines and Energy to define the priority use after hearing the interested parties (Art. 9).

Brazilian GHG Emissions Trading System

The activity of geological storage of carbon dioxide constitutes an activity of reduction or removal of GHG and may be considered in the Brazilian Greenhouse Gas Emissions Trading System (SBCE), established by Law No. 15,042, of December 11, 2024, observing the requirements, conditions, and criteria established in the legislation and regulations relating to emissions trading (Art. 5).

Termination of the authorization

The termination of the authorization for the geological storage activity may only occur after the requirements for the stability of the volume of carbon dioxide stored in the geological reservoir and of the respective pressure front are proven, assessed during the monitoring period of 20 years, counted from the end of carbon injection into the reservoir (Art. 11, caput and § 1). The period may be reduced upon early demonstration of compliance with the stability requirements, based on long-term geological modeling covering a minimum time horizon of 50 years (Art. 11, § 5). If the requirements are not met at the end of the period, the ANP will extend the authorization and require the presentation of a new monitoring plan, subject to its approval (Art. 11, § 2). The authorization and the monitoring obligations will only be terminated when compliance with the stability requirements is proven to the ANP under conditions that ensure the environmental and operational safety of the storage (Art. 11, § 3).

The termination of the geological storage authorization and of the monitoring obligations will not remove or limit the liability of the operator, or of its successors on any basis, for facts, risks, or damages related to the geological storage, including as regards the safety of the storage, the repair of environmental damage, and the indemnification of affected third parties, under the applicable legislation (Art. 11, § 4). It will be the ANP’s responsibility to govern other cases of termination of the authorization, including those arising from non-compliance with obligations, and the respective applicable procedures and conditions (Art. 11, § 6).