Chamber approves amendments and new Gas Law goes to sanction

22/12/2008 05h05

Most o f the tem amendments regard the wording and aim at giving a greater legal safety to the industry

On Thursday (11), the Chamber approved the amendments by the Senate to the Bill 6673/06, from the Executive, which institutes a new Gas Law. It regulates transport, exploitation, warehousing, processing and trade of natural gas. The bill had been approved in 2007 by the Chamber, and has returned now with amendments which were negotiated among senators and the government and representatives of the industry. It follows to presidential sanction.

The main change in the previously approved text by the deputies is the authorization for companies to develop an infrastructure for gas transportation for their own consume. The gas should be directly bought from the producer.
That infrastructure may later be incorporated to states assets, provided that the company is paid an indemnity. That production modality for consumption of a single user, whether through importation or purchase of gas in large amounts, was complemented by the amendments.

According to the rapporteur on the proposal at the Chamber, Deputy João Maia (PR-RN), the great merit of the law, approved at the Chamber with amendments from the Senate, was to conciliate the interests among producers, distributors and consumers of natural gas, which will now be able to operate in steady conditions.

Concession
The new model maintains the concession as a rule for the exploitation of gas ducts. The exception is that the facilities of that nature, resulting from international agreements, or that assist a single final user, may continue under the authorization regime.

In addition to that, the text allows the Agência Nacional do Petróleo Gás Natural e Biocombustíves (National Petroleum Agency, ANP) to extend the current authorizations to exploit international gas ducts for up to 30 years. After the end of the contracts, the gas ducts will be incorporated to the Unions’ assets. The original bill provided for a term of up to 35 years for concessions and authorizations for natural gas transportation.

Report - Marcello Larcher
Editing - Marcos Rossi
Translation – Positive Idiomas Ltda