Felsberg Advogados



  • CNPE establishes the ruled for unitization

The National Council of Energy Policy (“CNPE”) published its Ordinance No. 8, that sets forth the guidelines for the unitization proceedings applicable to the oil and gas deposits that extends to open acreage areas. The Ordinance establishes that the Union, in the unitization proceedings, can be represented by the National Agency of Petroleum, Natural Gas and Biofuels (“ANP”) or by the Pre-Sal Petroleo S.A. (“PPSA”). The ANP will be obliged to inform the Ministry of Mines and Energy (“MME”) about the possible extension of the discover and arrange the agreement for such area prior to its commerciality declaration. Besides, the ANP will be entitled for the definition of the apportionment criteria for the shared production. The expenses that can be recovered and the Union’s profits that are due to its participation on the shared deposit’s production, shall be monetary adjusted, in accordance with the General Market Price Index (“IGP-M”), published by Fundação Getúlio Vargas (“FGV”). Royalties and special participation, both in the amounts established in the area’s original agreement, shall be applicable to the production executed prior to the date when the unitization agreement became effective. (06/06/2017)

  • 15th Concession Bid Round will be bigger

The CNPE approved the inclusion of the sectors SSEAL-AUP1 and SSEAL-AUP2, in the Sergipe-Alagoas Basin, SPEPB-AP3, in the Pernambuco Parnaíba Basin, and SC-AP5, in the Campo Basin, in the ANP’s 15th Concession Bid Round, expected to be held in May, 2018. Due to such decision, the bid will offer blocks in 16 sectors, with areas in the equatorial border and in Brazil’s east. The CNPE also decided to postpone the offer of the sector SC-AP4, that was going to be offered in the ANP’s 15th Concession Bid Round, for the concession round scheduled for 2019. (06/08/2017)

  • CNPE approves Petrobras’ preemptive right in the production sharing rounds

The CNPE approved Petrobras’ decision to exercise its preemptive right in the operation of the areas to be offered in the next production sharing rounds. On the ANP’s 2nd and 3rd Pre-Salt Bid Rounds, Petrobras will exercise its preemptive right in the areas of Peroba, Alto de Cabo Frio Central and Sapinhoá. Petrobras will have to pay R$ 810 million to have a minimum participation interest of 30% in each of the areas. (06/13/2017)

  • Paraná’s Courts annuls the ANP’s 12th Concession Bid Round

The Federal Court of Paraná decided to annul the effects of the ANP’s 12th Concession Bid Round in the State, affecting the concessions that were acquired by the consortium operated by Petra, along with Copel, Bayar and Tucumann. The decision accommodates the request made the Federal Public Prosecutor of Paraná (“MPF”). The concession of the blocks was already suspended by a preliminary decision. It was decided that the tenders in Paraná for oil and gas exploration can only be held after the conclusion of the Environmental Appraisal of Sedimentary Area (“Avaliação Ambiental de Área Sedimentar – AAAS”). The decision is related to the fracking and the production of unconventional natural gas. The federal judge Lília Cortês de Carvalho Martino agreed with the MPF about the lack of studies that ensure the application of the techniques in a way that it is safe to the environment and the local population. (06/14/2017)

  • Repetro will be renewed prior to the ANP’s 14th Concession Bid Round

The government will issue the Repetro’s renew before the ANP’s 14th Concession Bid Round, i.e. before September 27th, as informed by the MME’s Oil and Gas Adjunct Secretary, João José de Nora Souto. The next ANP’s concession and pre-salt bid rounds may result in a production of 2 million barrels of oil equivalent, requiring the installation of 15 to 20 new production units and the constructs of two pipelines. (06/20/2017)

  • Petrobras will perform studies to open BR Distribuidora’s capital

Petrobras’ management approved the beginning of studies to open BR Distribuidora’s capital, that must also be analyzed by Petrobras’ Board of Directors. If approved, the company will make a public stock offer in B3, former BM&FBOVESPA. In a market press release, Petrobras stated that the opening of capital is the best option to attain the value capture in the market’s current situation. (06/23/2017)

  • RJ and SP have a decision regarding ICMS applicable to the gas production

The State Tax Authorities of Rio de Janeiro and São Paulo reached an agreement regarding the collection of tax on distribution of goods and services (“ICMS”) on gas productions fields located on territorial sea of the two states. The decision, that was published in the Official Gazette on June 29th, establishes the centralization of production records in a single state tax register. For now, only the Sapinhoá field will be affected by such decision. The agreement also states that the companies shall monthly record the production, energy supply and amount of gas that was moved in the rig. The register of the offloading operations shall be done considering the entry and exit points, in accordance with a model established by the tax authorities. Besides, it will be necessary the appointment of the operational balances, that will not be submitted to the ICMS collection, as long as classified in the limit previously established by a study that will be reviewed every two years. The special tax treatment will be applicable only the offloading of the production of natural gas that was not processed and produced on confrontational jurisdictional waters. (06/29/2017)

Source: Brasil Energia Petróleo

Felsberg Advogados remains at your entire disposal for any clarifications that may be necessary in relation to the matters covered above. Should you have any further doubts, please contact Luis Menezes (luismenezes@felsberg.com.br), our partner responsible for the Oil and Gas Department.



This article is intended exclusively to provide information and does not contain any opinion, recommendation or legal advice from Felsberg Advogados in relation to the issues addressed.

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