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ARTICLE · 27 JANUARY 2022

Decree No. 10,940/2022: CNPE Responsible For Gasoline Composition

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On January 14, 2022, Decree No. 10,940/2022 ("Decree") was published in the Federal Official Gazette, redirecting to Brazil's National Council of Energy ("CNPE") the administrative responsibility...

BrazilEnergy and Natural Resources
Livia Seabra V. De Lima
Livia Seabra V. De Lima
Bruno Triani Belchoir
Bruno Triani Belchoir
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On January 14, 2022, Decree No. 10,940/2022 ("Decree") was published in the Federal Official Gazette, redirecting to Brazil's National Council of Energy ("CNPE") the administrative responsibility for fixing the anhydrous ethanol content in gasoline in the country, which until then was the responsibility of the Ministry of Agriculture, Livestock and Supply and conditioned to the approval of the Interministerial Council for Sugar and Alcohol ("CIMA"), which was abolished in 2019.

Law No. 8.723, of October 28, 1993, provides the mandatory addition of 22% of anhydrous ethyl alcohol fuel to gasoline throughout the entire country, granting the Executive Branch the ability to increase the percentage up to a maximum of 27.5%, as long as its technical feasibility is verified, or reducing it to 18%.

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This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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