Chamber approves MP authorizing direct sale of ethanol to service stations

On Thursday (25), the Chamber of Deputies approved a provisional measure that changes the way ethanol is sold at gas stations. Under the proposal, producers or importers will be able to sell the product directly to the service stations, without the intermediation of distributors, which was mandatory before.

A highlight presented by PT and supported by the majority of the plenary removed one of the main items from the proposal, which allowed stations to resell fuel from more than one brand.

According to deputy Carlos Zarattini (PT-SP), author of the request to suppress this article, the proposal could lead consumers to be deceived.

“The measure will harm fuel consumers, who will be attracted to the station due to a renowned brand and will purchase from any distributor. The reduction in fuel prices is very important for the consumer, but there is no evidence that the proposal will achieve this goal and, contrary to what is expected, will be harmful to the consumer, who may be deceived,” he argued.

The government estimated that the measure could reduce the price of gasoline by up to R$0.50 per liter, as a result of increased competition. In a public consultation on the subject in May, the ANP (National Agency for Petroleum, Natural Gas and Biofuels) defended that loyalty to the gasoline brand would become a consumer’s choice and not a regulatory obligation that now gives the agency the task of overseeing contracts private individuals.

The text goes to the Federal Senate, where it needs to be voted on by December 9, when the MP expires.

The measure also changes the collection of contributions to PIS/Pasep and Cofins (Contribution to Social Security Financing) on ​​the sale of imported anhydrous alcohol to be added to gasoline, when the distributor is also imported.

The text’s rapporteur, deputy Augusto Coutinho (Solidariedade-PE), made other changes to the proposal. One of them authorizes the retail resale of gasoline and hydrated ethanol outside the authorized establishment, without geographic or terrestrial limitations. For this, regulation by the ANP will be necessary.

The final version also included the forecast that it will not be necessary for the company to demonstrate links with other agents in the biofuels industry in order to obtain authorization for the purchase and sale of ethanol.

Elsewhere, Coutinho changed the law that establishes crimes against the economic order so that the crime of using liquefied petroleum gas is restricted to use only for automotive purposes. Currently, it is prohibited to use it in engines of any kind, saunas, boilers and pool heating, or for automotive purposes.

The government edited the MP with the intention of trying to increase competition in the fuel market.

The promise of gains from the changes is questioned by the fuel market and potential damages to the consumer were the subject of a challenge by the Procons in a public consultation by the ANP to debate the changes.

Distributors and the defense of competition are specifically concerned with the possibility of selling fuel from other brands at service stations. For consumer protection agencies, the measure violates legal provisions that guarantee the right to clear, precise and adequate information.