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Fuel distributors may sue over Renovabio

  • Market: Emissions
  • 22/07/24

A loss of market share to regional competitors failing to comply with carbon credit acquisition targets under Brazil's Renovabio biofuel policy is pushing large distributors closer to legal challenges that threaten the future of the program, sources told Argus.

The loss of competitiveness for large distributors — especially in Brazil's countryside — as they divert the cost of buying decarbonization credits (Cbios) onto consumers could prompt legal action against the government, despite the reputational risk of opposing a biofuel incentive program.

The legal threat comes with growing pressure on the government to alter Renovabio. Distributors complain about a lack of changes, despite constant government dialogue.

The supreme court is expected to rule on a lawsuit filed by the Democratic Renewal Party that claims Renovabio is unconstitutional. The lawsuit has been expedited as it is considered to have major "social repercussions."

If a large distributor were to not comply with its obligatory Cbio target it could significantly shrink Renovabio, which has faced a missing balance of Cbios in the last few years. The 2024 decarbonization target was updated by regulator ANP to 46.4mn Cbios, including 7.6mn missing from previous years. Vibra and Ipiranga, two of Brazil's largest distributors, account for 9.5mn and 7mn of 2024's Cbios target, respectively.

Large distributors are actively buying Cbios, even amid slow market negotiations because of the legal uncertainty, with only five months until the 2024 targets are delivered. Investors have also weighed the risk of legal action.

"I think the market will give more weight to the issue of [losing] market share" over the environmental agenda, an analyst at a fund with shares in distribution companies said.

The request for changes in the program is not new. In July 2023, when Cbio prices hit R150, the national federation of fuel, natural gas and biofuels distributors Brasilcom, Vibra and Ipiranga called Renovabio "asymmetrical and ineffective."

The program has positive fundamentals but requires adjustments to curb "distortions" they said. Among the complaints, critics argue the role of Renovabio's "obligated party" — fuel distributors — should be played by the refining and derivatives import sector, and biofuel producers should have some obligation to sell.


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