Which projects will be affected by the Waiver Regulation?

03/22/2018

In an extraordinary meeting held Wednesday , the CNPE validates the autonomy of  ANP to regulate the case and begins countdown to the resolution of the national content

The waiver issue will ultimately be regulated by mid-April. Following the proposal recommended by Pedefor, (Program to Encourage the Competitiveness of the Production Chain, Development and Improvement of Suppliers of the Oil and Natural Gas Sector), the CNPE approved on the 21st that the ANP publish resolution regulating the new terms of the commitments of national content. The new rule will apply to E & P project operators from 2005 to 2015 who want to adhere to the revised rules.

To be valid, the decision of the CNPE will have to be published in the Official Gazette of the Union. The ANP has until April 13 to regulate the waiver for these contracts, which will follow the following rules: 50% local content for E & P in onshore projects, 18% in the offshore blocks and three bays for the development of offshore production, 25% for well construction, 40% for collection and disposal, and 40% for PEUs in the engineering, machinery and equipment segments and construction, integration and assembly.

The new waiver criteria will only become effective after all these steps have been completed. Companies that wish to migrate the rules will have to inform the ANP. Although the agency confirms the decision to continue with the percentages indicated at the end of the year, after the agreement with the TCU, companies and entities of the sector prefer to wait for the resolution of the ANP to officially position itself on the subject.

Companies that choose to adopt the new criteria will automatically be forbidden to resort to the benefit of the waiver. Initially, the proposal of the ANP was to establish smaller percentages, but concerned with the reactions of the national industry. ended up revising the indicators at the end of the year.

According to Márcio Félix, Secretary of Petroleum, Gas and Biofuels of the Ministry of Mines and Energy, the decision of the CNPE represents a victory and the solution of a problem that was waging the sector. “We are resolving a case that has dragged on for ten years,” said the executive.

The director general of the ANP, Décio Oddone, also considered the decision of the CNPE a step forward, since in its evaluation the measure will facilitate and help to unlock the investments of the oil companies in Brazil.

“It is very positive for the entire Brazilian industry, both for the oil companies and for the supply industry. We have about 22 platforms to be contracted until the next decade and this unlocks the investments, “says Oddone.

At Stake

In practice, the measure benefits the areas of the 7th, 9th, 10th, 11th and 13th rounds, in addition to Libra plus the six areas of the onerous assignment (Florim, Franco, Guará, Iara, Tupi and Nordeste de Tupi. The list includes a total of 267 exploration areas, of which 75 are offshore and 192 are onshore, plus some development projects.

 

According to a survey carried out by Brasil Energia Petróleo, there are 37 exploration areas in the 7th, 26th, 9th, 5th, 10th, 96th, 11th, 60th, 12th, 36th, 13th, and six of the onerous assignments. The 267 areas are located in 18 basins, 67 in Recôncavo, 25 in Parnaíba, 21 in Potiguar, 20 in Alagoas, 16 in Espírito Santo, 16 in Barreirinhas, 16 in São Francisco, 15 in Tucano Sul, 15 in Santos, 13 in Solimões, 10 in Sergipe, 10 in Foz do Amazonas, 7 in Paraná, 6 in Pernambuco-Paraiba, 5 in Ceará, 2 in Pará-Maranhão, 2 in Campos, and 1 in Acre.

The exploration areas are operated by Alvopetro, BP, Cemes, Charriot, Chevron, Cisco, Cowan, Ecopetrol, ExxonMobil, Galp, Geopark, Great, Imetame, Karoon, Maha, Niko, Norteoleum, Nova Petróleo, Ouro Preto, Parnaíba Natural Gas, Petra, Petrobras, PetroRio, Petrosynergy, Phoenix, Premier, Queiroz Galvão Oil & Gas, Reconcavo Energy, Rosneft, SHB, Shell, Statoil, Tek, Tog, Total and Vipetro.

Until last year, there were more than 230 waiver applications filed with the ANP. In October, the agency granted a special waiver to the Libra consortium, exclusively focused on phase I FPSO. Now, after the regulation, the group formed by Petrobras, Shell, Total, CNPC and CNOOC will be able to define whether it maintains the percentages already approved or you migrate to the new system, covering all stages of development.

As anticipated by Brasil Energia Petróleo, the matter of the onerous assignment was included in the agenda of the CNPE extraordinary meeting. The board will appreciate the renegotiation with Petrobras and the surplus auction in an extraordinary meeting, still undefined. The next ordinary meeting of the CNPE will be held in June.

Permanent offer

In addition to the waiver, the CNPE approved the national content rules for the areas made available in the permanent offer. The local commitment will follow the same rules established for the 14th and 15th auctions, and assets located in water depths of less than 100 m will not be exempt from commitment.

Source: Brasil Energia | Claudia Siqueira