LEI NO. 11,097, OF January 13, 2005

Disposes on the introduction of biodiesel in the Brazilian energy matrix; changes the Laws 9,478, of August 6 of 1997, 9,847, of October 26, 1999 and 10,636, of December 30, 2002; and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC I do know that the National Congress decrees and I sanction the following Law:

Art. 1º The art. 1º of Law No. 9,478 of August 6, 1997, it passes the invigorating addition of the incisus XII, with the following essay:

" Art. 1º ......................................................

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XII-increment, on economic, social and environmental bases, the participation of biofuels in the national energy matrix. " (NR)

Art. 2º It is introduced the biodiesel in the Brazilian energy matrix, being set at 5% (five percent), by volume, the minimum mandatory percentage of addition of biodiesel to diesel oil marketed to the final consumer, in any part of the national territory.

§ 1º The deadline for application of the provisions of the caput of this article is 8 (eight) years after the publication of this Act, being 3 (three) years the period, after that publication, to use a minimum mandatory percentage intermediate of 2% (two percent), in volume.

§ 2º The deadlines for minimum mandatory percentage fulfilment of which this article may be reduced on the basis of resolution of the National Energy Policy Council-CNPE, observed the following criteria:

I-the availability of supply of raw materials and industrial capacity for production of biodiesel;

II-the participation of family agriculture in the supply of raw materials;

III-the reduction of regional inequalities;

IV-the performance of the engines with the use of the fuel;

V-the industrial and technological innovation policies.

§ 3º Caberá to the National Oil, Natural Gas and Biofuels Agency-ANP define the permissible variation limits for the measurement and benchmarking effect of the percentage of which it treats this article.

Art. 3º The inciso IV of the art. 2º of Law No. 9,478 of August 6, 1997, passes the vigour with the following essay:

" Art. 2º .........................................................

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IV-establish guidelines for specific programs, such as those for gas use natural, from coal, thermonuclear energy, biofuels, solar energy, wind energy and energy from other alternative sources;

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Art. 4º The art. 6º of Law No. 9,478 of August 6, 1997, passes the invigorate increased of the incisos XXIV and XXV, with the following essay:

" Art. 6º .........................................................

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XXIV-Biofuel: fuel derived from renewable biomass for use in internal combustion engines or, as a regulation, for another type of power generation, which can replace partially or fully fuels fossil origin;

XXV-Biodiesel: biofuel derived from renewable biomass for use in internal combustion engines with compression ignition or, as a regulation, for generation of another type of energy, which can replace partially or fully combustible fossil-origin fuels. " (NR)

Art. 5º The Chapter IV and the art caput. 7º of Law No. 9,478 of August 6, 1997, they go on to invigorate with the following essay:

" CHAPTER IV

OF THE NATIONAL OIL AGENCY,
NATURAL GAS AND BIOFUELS

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Art. 7º Stay instituted the National Oil, Natural Gas and Biofuel Agency-ANP, an integral entity of the indirect Federal Administration, submitted to the special municipal government, as the regulator of the oil industry, natural gas, its derivatives and biofuels, linked to the Ministry of Mines and Energy.

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Art. 6º The art. 8º of Law No. 9,478 of August 6, 1997, passes the vigour with the following essay:

" Art. 8º The ANP will aim to promote regulation, contracting, and surveillance of the integral economic activities of the oil, natural gas and biofuels industry, by fit to:

I-implement, in its sphere of assignments, the national oil policy, natural gas and biofuels, contained in the national energy policy, pursuant to Chapter I of this Act, with an emphasis on ensuring the supply of petroleum derivatives, natural gas and its derivatives, and of biofuels, throughout the national territory, and in the protection of the interests of consumers as to the price, quality and supply of the products; ...............................................................

VII-scrutinize directly, or upon arrangements with organs of the states and the Federal District, the integral activities of the oil, natural gas and biofuels industry, as well as to apply the administrative and pecuniary penalties provided for in law, regulation or contract;

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IX-making compliance with good practices of conservation and rational use of oil, natural gas, its derivatives and biofuels and the preservation of the environment;

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XI-organize and maintain the acquis of information and technical data concerning activities regulated from the oil, natural gas and biofuels industry;

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XVI-regular and authorize the activities related to production, import, export, stockpiling, stockpiling, distribution, resale and marketing of biodiesel, scrutinizing them directly or upon arrangements with other organs of the Union, states, Federal District or Municipalities;

XVII- require from the regulated agents the sending of information relating to the operations of production, import, export, refining, upgrading, processing, processing, transportation, transfer, stockpiling, stockpiling, distribution, resale, targeting and marketing of products subject to their regulation;

XVIII-specify the quality of petroleum derivatives, natural gas and their derivatives and biofuels. " (NR)

Art. 7º A point d of the inciso I and the point f of the inciso II of the art. 49 of Law No. 9,478 of August 6, 1997, they go on to invigorate with the following essay:

" Art. 49. .........................................................

I-......................................................................

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d) 25% (twenty-five percent) to the Ministry of Science and Technology, to finance amparo programs for scientific research and technological development applied to the oil, natural gas industry and the biofuels;

II-................................................................

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f) 25% (twenty-five per one) to the Ministry of Science and Technology, to fund amparo programs for scientific research and technological development applied to the oil, natural gas and biofuels industry.

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Art. 8º O § 1º of art. 1º of Law No. 9,847 of October 26, 1999, passes the vigour with the following essay:

" Art. 1º .......................................................

§ 1º The national supply of fuels is considered to be of public utility and covers the following activities:

I-production, import, export, refining, beneficiation, treatment, processing, transportation, transfer, stockpiling, stockpiling, distribution, resale, marketing, conformity assessment and certification of oil, natural gas and its derivatives;

II-production, import, export, storage, stocking, distribution, resale, marketing, conformity assessment and certification of biodiesel;

III-marketing, distribution, resale and control of quality of ethyl alcohol fuel.

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Art. 9º The incisos II, VI, VII, XI and XVIII of the art. 3º of Law No. 9,847 of October 26, 1999, they go on to invigorate with the following essay:

" Art. 3º ..........................................................

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II-import, export or commercialize oil, natural gas, its derivatives and biofuels in quantity or diverse specification of the authorised, as well as giving the product the unpermitted or diverse intended target of the authorised, in the form provided for in the applicable legislation:

Multa-of R$ 20,000.00 (twenty thousand reais) to R$ 5,000,000.00 (five million reais);

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VI-fail to present, in the form and time set in the applicable legislation or, in its absence, within 48 (forty eight) hours, the comprobatory documents of production, import, export, refining, beneficiation, processing, processing, transportation, transfer, stockpiling, stockpiling, resale, targeting and marketing of oil, natural gas, its derivatives and biofuels:

Multa-from R$ 20,000.00 (twenty thousand reais) to R$ 1,000,000.00 (one million reais);

VII-render statements or information inveridics, falsify, tamper, unutilise, simulate or alter records and bookings of books and other documents required in applicable law, for the purpose of improperly receiving values for tax or tax benefit title, subsidy, freight ressaration, transfer expenses, stocking and marketing:

Multa-from R$ 500,000.00 (five hundred thousand reais) to R$ 5,000,000.00 (five million reais);

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XI-import, export, and commercialize oil, natural gas, its derivatives and biofuels out of technical specifications, with quality vices or quantity, including those arising from the disparity with the indications set out in the container, of the packaging or labeling, that render them unfit or inappropriate to the consumption to which they are intended or to decrease them the value:

Multa -from R$ 20,000.00 (twenty thousand reais) to R$ 5,000,000.00 (five million reais);

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XVIII-do not have any equipment necessary for verification of the quality, stockpiled and commercialized amount of the products derived from petroleum, natural gas and its derivatives, and from biofuels:

Multa-from R$ 5,000.00 (five thousand reais) to R$ 50,000.00 (fifty thousand reais). " (NR)

Art. 10. The art. 3º of Law No. 9,847 of October 26, 1999, it passes on the invigoration of the following inciso nineteenth:

" Art. 3º ..........................................................

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Nineteenth-not to send, in the form and time frame set forth in the legislation applicable, the monthly information about your activities:

Multa-from R$ 20,000.00 (twenty thousand reais) to R$ 1,000,000.00 (one million reais). " (NR)

Art. 11. The art. 5º of Law No. 9,847 of October 26, 1999, passes the vigour with the following essay:

" Art. 5º Without prejudice to the application of other administrative penalties, the audit may, as a cautionary measure:

I-inter-dictate, in whole or in part, the facilities and equipment used if activity-activity occurs on the petroleum industry, natural gas, its derivatives and biofuels without the authorisation required in the applicable law;

II-interdictate, in whole or in part, the facilities and equipment used directly in the exercise of the activity if the holder, after outoring the authorization, grant or registration, for any reason cede to meet some of the conditions required for the outorship, for the time in which they endurred the grounds that gave the opportunity to the interdiction;

III-interdictate, in whole or in part, in the cases provided for in the incisos II, VI, VII, VIII, IX, XI and XIII of the art. 3º of this Law, the facilities and equipment used directly in the exercise of the outward activity;

IV-seize goods and products, in the cases provided for in the incisies I, II, VI, VII, VIII, IX, XI and XIII of the art. 3º of this Law.

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Art. 12. The art. 11 of Law No. 9,847 of October 26, 1999, it passes the invigorating addition of the following inciso V:

" Art. 11. The penalty of pervation of products seized in the form of the art. 5º, inciso IV, of this Law, will be applied when:

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V-the seized product has no source proof by means of tax note.

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Art. 13. The art caput. 18 of Law No. 9,847 of October 26, 1999, passes the vigour with the following essay:

" Art. 18. Suppliers and conveyors of oil, natural gas, their derivatives and biofuels respond in solidarity by the vices of quality or quantity, including those arising from the disparity with the indications set out in the container, from the packaging or labeling, which makes them unfit or unsuitable to the consumption to which they are intended or to decrease them the value.

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Art. 14. The art. 19 of Law No. 9,847 of October 26, 1999, passes the vigour with the following essay:

" Art. 19. For the purposes of the provisions of this Act, the comprobative documentation of production, import, export, refining, upgrading, processing, transport, transfer, stockpiling, stockpiling, distribution, resale, distribution, distribution, resale, targeting and commercialization of the products subject to regulation by the ANP. " (NR)

Art. 15. The art. 4º of Law No. 10,636 of December 30, 2002, it passes on the invigorating addition of the following incisit VII:

" Art. 4º ..........................................................

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VII-the foment of projects aimed at the production of biofuels, with focus on the reduction of pollutants related to the oil, natural gas and its derivatives.

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Art. 16. (VETADO)

Art. 17. (VETADO)

Art. 18. This Law comes into effect on the date of its publication.

Brasilia, January 13, 2005; 184º of Independence and 117º of the Republic.

LUIZ INACIO LULA DA SILVA

Luiz Paulo Teles Ferreira Barreto

Dilma Vana Rousseff