LAW NO. 9478, OF 6 AUGUST 1997
Introduces provisions concerning the national energy policy, activities related to the petroleum monopoly, creates the National Energy Policy Council and the National Petroleum Agency, and establishes further measures.
The National Congress decrees:
Chapter I. Principles and Objectives of the National Energy Policy
Article 1. – The national policy for the rational use of energy sources will have the following objectives:
I. preserve the national interest;
II. foster development, expand the labour market and appreciate the energy resources;
III. protect consumer interests, as to prices, quality and supply of products;
IV. protect the environment and promote energy conservation;
V. guarantee the supply of petroleum byproducts in the whole of the national territory, according to Paragraph 2 of Article 177 of the Federal Constitution;
VI. enhance the use of natural gas on an economic basis;
VII. define the most adequate solutions for the supply of electric energy in the various regions of the Country;
VIII. use alternative sources of energy, through economic use of available inputs and applicable technologies;
IX. promote free competition;
X. attract investments in the production of energy;
XI. expand the competitiveness of the Country in the international market.
Chapter II. National Energy Policy Council
Article 2. – The National Energy Policy Council (“CNPE”) connected to the Presidency of the Republic and presided by the Minister of Mines and Energy is established. Its role will be to recommend to the President of the Republic national policies and specific measures designed to:
I. stimulate the rational use of the Country’s energy resources, in conformance with the principles enumerated in the previous chapter and in accordance with the applicable legislation;
II. assure, in view of regional characteristics, the supply of energy input to the most remote areas or those of difficult access of the Country, submitting the specific measures to the National Congress when resulting in the creation of subsidies;
III. periodically review the energy matrix applicable to the various regions of the country, considering conventional and alternative sources and available technologies;
IV. establish directives for specific programmes, such as those involving the use of natural gas, alcohol, coal, and thermonuclear energy;
V. establish guidelines for import and export, in order to satisfy internal demand of petroleum and its byproducts, natural and condensed gas, and assure the adequate functioning of the National System of Fuel Stock and the accomplishment of the Annual Plan of Strategic Fuel Stocks, which is provided for in Article 4 of Law No. 8176, dated 8 February 1991.
Paragraph 1. In the exercise of its duties, the CNPE will rely on the technical support of the regulatory agencies of the energy sector.
Paragraph 2. The CNPE will be regulated by decree of the President of the Republic, which will determine its composition and the form of its operation.
