CNPE publishes resolution regulating the gás para empregar program

CNPE Resolution No. 15, dated July 30, 2026, published in the Official Gazette (Diário Oficial da União) on August 25, 2026, amends the commercialization policy for the Union’s natural gas established by CNPE Resolution No. 15, dated October 29, 2018, and defines the natural gas supply policy to increase, on an economic basis, the use of natural gas. This is a structuring regulation for the national natural gas policy and a milestone for the implementation of the Gás para Empregar Program.

Amendments to the Commercialization Policy

Chapter I amends the rules applicable to the commercialization of the Union’s petroleum, natural gas and hydrocarbons, expanding the instruments available to PPSA and the commercialization agent.

Among the main points, the following stand out:

·         Supply of contractual deficits: PPSA may, exceptionally, acquire, on behalf of the Union, volumes of natural gas and its derivatives to supply any deficit of contracted volumes, including through the exchange of derivatives for natural gas volumes, to enable firm-basis commercialization or balancing operations.

·         Sharing of value appreciation: the Union may share with the commercialization agent, as provided in the contract, the value appreciation of petroleum and natural gas resulting from commercial acts, without prejudice to ANP regulation.

·         Pricing of derivatives: the commercialization value of natural gas derivatives shall consider market prices or, when available, prices indicated by price reporting agencies.

·         Direct delivery: natural gas and its derivatives may be transferred directly by the commercialization agent to the final recipient, by agreement between PPSA and the commercialization agent.

·         Access to infrastructure: PPSA may contract access to the flow, processing and transportation infrastructure necessary for commercialization, including by assigning to the commercialization agent access contractual instruments already executed.

·         Market price: the commercialization of the Union’s processed natural gas shall be based on market prices or prices indicated by price reporting agencies, subsidiarily when there is no reference price published by ANP.

Natural Gas Supply Policy

The Resolution also establishes the supply policy for processed natural gas and the Union’s processed natural gas to increase, on an economic basis, its utilization, focusing on expanding supply at competitive prices and serving the base industry.

·         National Energy Policy interest: the expansion of processed natural gas supply at competitive prices is recognized as a policy of national interest to increase, on an economic basis, the use of this input.

·         Priority for the base industry: the Union’s processed natural gas shall be used primarily by free consumers in the industrial sector, as raw material or energy use in efficient production processes compatible with domestic and foreign markets, with priority for base industry sectors.

·         Supply between 2026 and 2030: volumes shall be offered through auction, under firm, interruptible or flexible contracts, intended for free consumers in the industrial sector and primarily for base industry sectors.

·         Allocation of surplus: the Union’s processed gas that is not contracted after the auction may be offered by PPSA or the commercialization agent, at market prices, to other free consumers, traders, transporters and state concessionaires of local piped gas services, preferably at the virtual trading point.

·         Participation of other suppliers: PPSA may allow other suppliers of processed natural gas, of domestic or imported origin and authorized by ANP, to offer their own volumes in the auctions.

·         Transparent operationalization: the conditions of participation, the form of supply and the operationalization of such participation shall be defined in a public notice by PPSA, with remuneration for the organization of the bidding process calculated on a transparent basis and disclosed in advance.

·         Spot Auctions: PPSA may allocate a portion of the processed natural gas volume for commercialization in the spot market, preferably at the virtual trading point, to encourage the formation of a supply price reference in the Brazilian market.

Supply from 2030

From 2030, with the coexistence of supply modalities permitted in the year 2030 itself, the Union’s processed natural gas shall be offered, in whole or in part, directly by PPSA, through auction, for supply to base industry sectors.

Final considerations and perspectives

The Resolution strengthens PPSA as a potential gas commercialization hub in Brazil, allowing the centralization of supply and price formation for the Union’s natural gas. The focus on the base industry is strategic for industrial competitiveness, and the use of international price references and the virtual trading point signals modernization. Among the main challenges are the operationalization of auction mechanisms and the coordination between PPSA, ANP and MME. The transition from the 2026–2030 regime to the post-2030 regime, conditioned on new ventures or the expansion of existing ones, represents a relevant change by linking gas supply to industrial investment.

The Resolution is a milestone for the national natural gas policy and operationalizes the Gás para Empregar Program. Strategic monitoring will be crucial, especially given the possibility of complementary regulatory acts by MME. By structuring supply and commercialization mechanisms with greater competition and transparency, the regulation positions the Brazilian gas market for a new stage of industrial development.

Authors

Alexandre Calmon, Henrique Rojas, Marcelo Frazão, Larianne Sampaio and Ana Clara Jaccoud.