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Brazil's ANP decision may boost Cbio prices

  • : Biofuels, Emissions
  • 25/06/16

A possible decision by Brazil's hydrocarbon regulator ANP to consider the accumulated volume of non-retired certificates in penalties against distributors could lead to higher prices, participants in the Cbio decarbonization credits market said.

The so-called "new Cbio law," approved last year, requires ANP to publish a list of fuel distributors who have not complied with Brazil's Renovabio biofuel policy. This is necessary to enable penalties for biofuel suppliers that maintain commercial relationships with these companies. But a legal opinion from the federal attorney general's office to ANP warned that the stricter rules under the new legislation should not be applied retroactively, which would push enforcement to next year, after the end of the 2025 Renovabio cycle on 31 December.

This opinion created regulatory uncertainty that many saw as fertile ground for lawsuits by defaulters, who may argue that only Cbios related to the 2025 target onward should lead a company to be listed as non-compliant.

But ANP is taking the position that the non-compliant list should include the total accumulated debt, including prior years, a market participant told Argus. The stance aligns with the federal government's position, which filed with federal superior court STJ in May to suspend injunctions allowing six defaulting distributors to avoid purchasing Cbios until their lawsuits are fully resolved.

In the ethanol market, some producers have begun requiring proof of Renovabio compliance to trade with distributors. Some plants refuse to sell biofuel to defaulters, while others charge more because of the embedded risk in the transaction.

Average Cbio trading prices are at their lowest levels since 2022, mainly reflecting the insecurity caused by sector defaults and the oversupply from suppressed demand. The average Cbio price was R59.30 ($10.70) on 13 May, its lowest since September 2022, when it hit R61.20. Since then the price has recovered slightly, reaching R59.50 on 12 June.

The number of Cbios held by biofuel producers has also reached historic highs at 16.2mn certificates.

Even if defaulters resumed purchasing the credit, most participants rule out a Cbio shortage in 2025 because of the volume of existing credits and the forecast of high certificate generation.


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