After a long “walk” through the Chamber of Deputies and the Senate, Bill 4476/2020, a replacement for Bill 6403/2013, was finally approved, becoming Law No. 14,134/2021.
The New Gas Law, as Law No. 14,134/2021 has been called, repeals Law 11,909/2009, and regulates
completely commercial exploitation of natural gas, including transportation, import/export, flow, processing, storage, liquefaction, regasification and marketing of natural gas.
Among the main changes, we can highlight:
– The adoption of the activity granting regime (transportation, packaging, outflow, etc.) through authorization from the ANP (National Agency of Petroleum, Natural Gas and Biofuels), replacing the concession regime via bidding provided for in the previous law;
– Definition of the term for the activity’s operation through negotiation with the ANP. Under the repealed legislation, the term was 30 years;
– Maintenance of assets linked to the gas transportation activity as property of the company that holds the authorization, no longer being reverted to the Union, and non-depreciated or non-amortized assets will no longer be compensated;
– Import and export based on ANP authorization;
– Possibility for any interested party to use the transport pipelines and maritime terminals, existing or to be built, as long as there is remuneration to the owner of the facilities, or for the capacity to move Natural Gas.
Corporate reorganizations (mergers, spin-offs, incorporations), as well as capital reductions and transfers of control, remain subject to prior authorization from the ANP.
Current contracts must be adjusted within a period of 5 years.
