SECTOR GOVERNMENT EDICTS

PANP 041/2001
PETROLEUM NATIONAL AGENCY - ANP

EDICT NO 41, FROM MARCH 13, 2001
Solvents distribution activities perform regulation.
THE ANP - PETROLEUM NATIONAL AGENCY, GENERAL DIRECTOR, by using his attribution, in consideration to the arrangements of the Law no 9.478, from August 6, 1997, and of the Directory Resolution no 147, from March 6, 2001, becomes public:

About General Arrangements

1st Art. By this present Edict, the solvents distribution activity performance, become under regulation.

Unique paragraph. To this Edict purpose, are considered as solvents the liquid products derivative from fraction results for petroleum processing, from refinery fraction and from petrochemical industry, as well as fraction results for coal processing , used as dissolvents for liquid and solid substances without chemical reaction occurrence that changes the molecular constitution of these substances, resulting in scattered and uniform solution or true solution, thus considered:
I - pyrolysis raffined;
II - reformation raffined;
III - diidrogenated C9/C9 solvents;
IV - currents C9;
V - currents C6-C8;
VI - currents C10;
VII - toluene;
VIII - heavy reformed;
IX - mixed xylene;
X - others alkylbenzene;
XI - benzene;
XII - hexane;
XIII - others aliphatical solvents; and
XIV - mineral turpentine.

2nd Art. The solvents distribution activity to be comprised of acquisition, storage, transport, commercialization and quality control of these products.

3rd Art. The solvents distribution activity will be achieved by juridical person, established under Brazilian Laws, whose social subject exclusively contemplate the performance of this activity, attending in permanent manner the following requirements:

I - to have register of solvents distributor; and
II - to have authorization to perform the solvents distribution activity.

4th Art. The solvents distributor only could acquire these products from authorized supplier.

PANP 041/2001 by ANP.

About the Register

5th Art. The solvent distributor asking for register should be instructed with the following documentation:

I - interested request form;
II - record card, filled according by ANP approved model;
III - authenticate copy of the National Register of Juridical Person card - CNPJ of central office;
IV - regularity confirmation before the Suppliers Standardization Register System - SICAF;
V - demanded social capital confirmation, by established rules for this Edict;
VI - demanded financial capacity confirmation, by established rules in this Edict; and
VII - base of project of solvents distribution and storage, according to the specific legislation , taking observation to the minimum demanded tank storage capacity, by rules estableshed in this Edict.
Unique paragraph. The regularity confirmation before the SICAP, summoned into the incisus IV of this article, includes the partial habilitation of the head office and the filial.

6th Art. The solvent distributor register, forwarded by the ANP, has validity into all national territory.

7th Art. The solvent distributor register won’t be allowed to petitioner whose administrative staff, shareholders or patners has juridical or physical person who in the last 5 (five) years before the register request date, had been administrator, shareholder or partner of company that hadn’t paid debits and accomplished the obligation resulted from perform activity by regulation of ANP.

8th Art. The solvent distributor register only will be allowed to juridical person which has an integrated social capital for the minimum R$ 500.000,00 (five hundred thousand Reais).

1st. Paragraph - The social capital confirmation should be made by presenting the social statement or rules, registered on the Government Commercial Department, with the Simplified Document where must describe the social capital and the partners and shareholders staff composition.

2nd. Paragraph - The social capital confirmation should be made in yearly basis and always when occurs changes in the social capital or in the partners or shareholders staff.

9th Art. To obtain the solvent distributor register it should be made the financial capacity confirmation that be suitable for the necessary amount of resources to cover the purchase of products and sales operations, included the taxes and social contribution that occurs.

Unique Paragraph - The demanded financial capacity could be demonstrated through the ownership property confirmation, before the presentation of the company income tax, followed by the register of real burden from the respective goods.

10th Art. The ANP will have up to 60 (sixty) days to grant the solvent distributor register, that will be counted from the request form protocol date.
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Unique paragraph

The ANP could ask additional information or documents and, in this case, the time limit mentioned in first place will be counted from the protocol date for the documents and informations required.

About the Authorization

11th Art. - The authorization the solvent distributor activity only to perform will be granted to the juridical person that attends, in permanent form, the following requirements:
I - has distributor register; and
II - has its own storage and solvents distribution base, approved by the ANP, with minimum storage capacity for 150 m3 (one hundred and fifty cubic meters).

12th Art. The ANP will have up to 60 (sixty) days to grant the authorization to perform the solvent distribution activity, counted from the date of the reply to the established requirements into the article 11 of this Edict.

Unique Paragraph. The ANP could ask additional informations, documents or measures and, in this case, the time limit mentioned on the first date will be counted from the date of the protocol of information or requested documents or from the date of the reply of solicited measures.

About the Transitory Arrangements

13th Art. Be granted, to the solvent distributors in operation, in the date of this Edict publication, the time limit of 270 (two hundred and seventy) days to reply to the disposed into the incisus II, art. 11 from this Edict.

14th Art. Be granted, to the juridical person that has it request of solvent distributor register under analysis by the ANP, registered before the publication of this Edict based on the disposition in the Edict no 757, from August 24, 1990, of the extinguished Substructure Ministry, the time limit of 90 (ninety) days, counted from de date of this Edict publication, to reply to the established disposition into the 5th. Art. of this Edict, under penalty of turn down the request.

15th Art. The solvent distributors in operation, in the date of the publication of this Edict, will have the time limit of 90 (ninety) days to attend to the disposed into the incisus II until VII from the 5th. art. of this Edict.

Unique paragraph

The time limit to attend the disposed in the end of this article will start to flow from the publication, by ANP, of the procedures to be observed for the registry of the solvent distributors in operation.

About the Final Disposition

16th Art. The alteration in the solvents distributor cadastre data must be informed to ANP up to the maximum time limit of 30 (thirty) days, counted from the act effectivity.

17th Art. The solvent distributor only could start the distribution activity after the register publication, the authorization to perform the activity and the authorization of the storage base operation and distribution in the Union Official Daily journal.

PANP 041/2001

18th Art. The distributor register and the authorization to perform the distribution activity referred in this Edict will be revoked in the following cases:

I - the company extinction, judicial or extrajudicial;
II - by distributor requirement;
III - at any time, when proved, in administrative process with guarantee of the contradict and ample defence, that the solvent distribution activities are being performed in disagreement with the current legislation.

19th Art. The authorization to perform the solvent distribution activity will be stopped, by the maximum time limit of 90 (ninety) days, in hypothesis of non attendance to the disposed into the incisus IV, 5th.Art., into the 13th art. and 15th art. of this Edict;

Unique paragraph

After the time limit of 90 (ninety) days, without the distributor confirmation of the regularization of mentioned hypothesis in the end of this article, the register granted by ANP will be revoked.

20th Art. The non attendance to this Edict disposition subdue the offender to the penalties foreseen in the Law no 9.847, from October 26, 1999, and Decree no 2.953, from January 28, 1999.

21th Art. Be revoked the Edict no 757, from August 24, 1990, from the Substructure Ministry and the rest of the dispositions in contrary.

22th Art. This Edict take effect in the date of its publications.

DAVID ZYLBERSZTAJN
General Director

Publishing in DOU on 2001/03/14