Veto message
It regulates the exploitation of offshore energy potential; and amends Law No. 9,427, of December 26, 1996, Law No. 9,478, of August 6, 1997, Law No. 10,438, of April 26, 2002, Law No. 14,182, of July 12, 2021, and Law No. 14,300, of January 6, 2022.
THE PRESIDENT OF THE REPUBLIC I inform you that the National Congress enacts and I enact the following Law:
Article 1 This Law provides for the use of Federal Government assets for the generation of electricity from an offshore project.
§ 1 The activities referred to in this Law are included in the National Energy Policy, in accordance with Law No. 9,478, of August 6, 1997.
§ 2 The provisions of this Law do not apply to hydroelectric power generation activities and to mineral resource potentials.
Article 2 The right to use Federal assets to exploit potential for generating electricity from an offshore project shall be granted by the Executive Branch, subject to authorization or concession, under the terms of this Law, as well as Law No. 9,074, of July 7, 1995, where appropriate.
Article 3 For the purposes of this Law, the following are considered to be:
I - offshore: marine environment located in inland waters under the control of the Union, in the territorial sea, in the exclusive economic zone and on the continental shelf;
II - prism: vertical prism of depth coinciding with the underwater bed, with a polygonal surface defined by the geographical coordinates of its vertices, where energy generation activities can be carried out;
III - extension of the useful life: replacement of the project's equipment with a view to extending the operating time and the regulatory useful life;
IV - repowering: works aimed at gaining the power of the offshore power plant, by redefining the nominal power originally deployed or by raising the maximum operating power, proven in the originally constructed project;
V - decommissioning: measures taken to promote the return of a site to the state as close as possible to its original state, after the end of the project's life cycle;
VI - Prior Interference Declaration (DIP): statement issued by the Executive Branch with a view to identifying the existence of prism interference with other facilities or activities;
VII - assignment of use: fixed-term administrative contract signed between the Federal Government and the interested party in the use of an offshore area for the exploration of electricity generation.
Single paragraph. The expressions “territorial sea”, “exclusive economic zone” and “continental shelf” contained in item I of the caput of this article cover the areas referred to in items V and VI of the caput of art. 20 of the Federal Constitution and correspond to the provisions of Law No. 8,617 of January 4, 1993, as well as of the United Nations Convention on the Law of the Sea.
Article 4 The principles and foundations of generating electricity from the exploitation of offshore potential are:
I - sustainable development;
II - generation of employment and income in the country;
III - rationality in the use of natural resources with a view to strengthening energy security;
IV - study and development of new renewable energy technologies based on the exploitation of the offshore area, including their use to enable the reduction of carbon emissions during energy production, such as the extraction of hydrogen resulting from the use of electrical energy produced by an offshore project;
V - local and regional development, preferably with investment in infrastructure and in the national industry, as well as with actions that reduce inequality and promote social inclusion, diversity, technological evolution and the better use of energy matrices and their exploration;
VI - harmonization of knowledge, mentality, routine, traditional ways of life and uses, and maritime practices with respect for activities that have the sea and the marine soil as a medium or object of affectation, as well as other water bodies under the control of the Union;
VII - protection and defense of the environment and ocean culture;
VIII - harmonization of the development of the offshore project with the cultural and natural landscape in the country's tourist sites;
IX - transparency; and
X - free, prior and informed consultation with the peoples and communities affected by the offshore venture.
Article 5 The assignment of the use of Federal assets for the generation of electricity from an offshore project under the terms of this Law may be offered in accordance with the following procedures, in accordance with the regulations:
I - permanent offer: procedure in which the granting authority delimits prisms for exploration based on the request of interested parties, in the form of authorization;
II - planned offer: procedure in which the granting authority offers pre-delimited prisms for exploration according to the spatial planning of the competent agency, in the form of concession, through a bidding procedure.
Paragraph 1 The regulation shall provide for:
I - the prior locational definition of prisms based on the suggestion of interested parties or by their own planned delimitation;
II - the procedure for submitting suggestions for prism prospectuses by interested parties at any time, requiring the submission of a preliminary study of the area, with location definition, analysis of energy potential and preliminary assessment of the degree of socio-environmental impact;
III - the DIP request procedure for each suggested prism prospectus, including relevant fees and deadlines;
IV - the applicable sanctions and penalties in the event of non-compliance with the grant obligations.
§ 2 If the evaluation of prospectuses referred to in item II of paragraph 1 concludes that their joint assistance in the delimitation or redefinition of energy prisms is unfeasible, your offer will be made in accordance with item II of the caput of this article.
Article 6 It is the responsibility of the Executive Branch, when defining the prisms to be offered in grant processes, to observe the harmonization of the public policies of the organs of the Union, in order to avoid or mitigate potential conflicts in the use of these areas, as well as the prohibitions provided for in paragraph 1 of this article.
Paragraph 1 The constitution of prisms in areas coinciding with:
I - blocks tendered under the concession or sharing regime for the production of oil, natural gas and other fluid hydrocarbons, or under an onerous assignment regime, during the term of the contracts and their respective extensions;
II - maritime, river, lake or air navigation routes;
III - areas protected by environmental legislation;
IV - areas listed as cultural and natural landscapes in the country's tourist sites;
V - areas reserved for carrying out exercises by the Armed Forces;
VI - areas designated as the Sustainable Use Authorization Term (Taus) in the territorial sea.
§ 2 Prisms may be constituted coinciding with blocks tendered under the concession or sharing regime for the production of oil, natural gas, and other fluid hydrocarbons, or under an onerous assignment regime, provided that there is compatibility between the activities, under the terms of the regulation.
§ 3 The areas pertaining to items II, III, IV, and V of paragraph 1 of this article must be established by the Executive Branch.
§ 4 The Executive Branch must define the public entity responsible for centralizing the requirements and procedures necessary to obtain the DIP in the prospectuses for the definition of an energy prism, in accordance with the regulations.
§ 5 The prisms granted in accordance with this Law may be granted for other activities, if multiple use is compatible with the exploitation of energy potential, and the technical, safety and environmental requirements and conditions for the desired activities are met.
§ 6 The right to trade carbon credits, or similar assets recognized under greenhouse gas emission mitigation instruments, derived from the granted area may be included in the object of the grant, under the terms of the regulation.
§ 7 The granting of prisms by the Union must comply with the Marine Spatial Planning (PEM) guidelines or equivalent instrument.
Article 7 Prisms under permanent offer will be awarded upon demonstration by interested parties.
§ 1 The regulation will provide for studies and other requirements to be required to support expressions of interest, including the availability of an interconnection point to the National Interconnected System (SIN).
§ 2 Once an expression of interest has been received in a particular prism, the granting authority must:
I - publish it in an extract, including on the internet; and
II - promote the opening of a public call process, with a minimum period of 120 (one hundred and twenty) days, to identify the existence of other interested parties, who, for the purpose of participating in the public call, must present a minimum mandatory qualification, as provided for in art. 8 of this Law.
§ 3 If there is only one (1) expression of interest in a given prism, the granting authority may grant authorization pursuant to art. 8 of this Law, provided that the interested party meets the minimum mandatory qualification requirements governed by the regulations.
§ 4 If there is more than one (1) expression of interest in a given energy prism, completely or partially overlapping, the granting authority may seek the composition among the interested parties or redefine the area of the energy prism, submitting it to a permanent offer in those cases.
§ 5 If there is no composition between the interested parties or the possibility of redefining the area of the energy prism, the granting authority must promote a planned offer.
Article 8 The regulation shall define the mandatory requirements for technical, economic-financial and legal qualification and for the promotion of the national industry to be fulfilled by those interested in an energy perspective resulting from a permanent offer and a planned offer.
Paragraph 1 It will be up to the grantor to define the amount of the respective government shares in the term of granting each prism.
§ 2 It will be up to the Ministry of Development, Industry, Commerce and Services, after consulting the Ministry of Mines and Energy, to propose to the National Energy Policy Council (CNPE) the parameters for promoting the national industry.
Article 9 The award of prism under a planned offer will be preceded by a bidding process.
Paragraph 1 The granting authority shall carry out environmental studies relevant to the definition and delimitation of prisms and shall observe the planning instruments and applicable environmental policies, plans and programs.
§ 2 For the purpose of qualifying participants, technical, economic-financial and legal qualifications must be required to ensure the viability of complying with the contract, with a view to the effective implementation and operation of the offshore energy development project, under the terms of the notice.
§ 3 The notice will be accompanied by the basic draft of the respective grant term and must indicate:
I - the prism subject to the grant;
II - the transmission facilities referred to in paragraph 9 of art. 2 of Law No. 10,848 of March 15, 2004, if applicable;
III - the governmental participations referred to in art. 13 of this Law;
IV - the financial obligations and guarantees of decommissioning;
V - the judgment criteria and respective weighting factors;
VI - the promotion requirements of the domestic industry; and
VII - the applicable sanctions and penalties in the event of non-compliance with the grant obligations.
§ 4 In the judgment, in addition to other criteria than the notice expressly stipulates, the highest amount offered as government shares, in accordance with art. 13 of this Law, as set out in a public notice, will be considered as a criterion.
§ 5 The Executive Branch shall establish the procedure for integrating projects to exploit energy potential under the form of a grant into the SIN in cases where economic viability requires interconnection with the SIN.
§ 6 If the economic viability of the prism depends on the availability of an interconnection point to the SIN, the offer for the public call must consider it or the implementation alternative at the expense of the grantee.
§ 7 The provisions of §§ 5 and 6 of this article do not apply to offshore projects aimed exclusively at self-production of energy.
Art. 10. The right to use Federal Government assets to generate electricity from an offshore project will be granted through authorization or concession, which must faithfully reflect the conditions of the notice and the winning proposal and will have as mandatory clauses:
I - the definition of the prism subject to the grant;
II - the grantor's obligations regarding the payment of government shares, in accordance with the provisions of art. 13 of this Law;
III - the obligation to provide the National Electric Energy Agency (ANEEL), by the grantee, with reports, data and information related to the activities carried out;
IV - the right of the grantee to establish or build structures intended for the generation and transmission of electrical energy on the underwater bed, provided that the rules of the maritime authority are met and the environmental license is issued by the competent body, subject to regulatory provisions;
V - the definition of the waterbed space and the underwater space of the territorial sea, of the continental shelf, of the exclusive economic zone and of other water bodies under the control of the Union, or of easements, that the grantee may use for the passage of pipelines or cables, as well as the use of the areas of the Union necessary and sufficient to follow the pipeline or cable to the final destination, without prejudice, when underground, to the destination of the surface for other uses, including space for signs, provided that the concurrent uses are compatible;
VI - the deadline for the grant, the goals of the project, the duration of each phase, and the requirements and procedures for its renewal, having fulfilled all the obligations of the original grant;
VII - the conditions for the termination of the grant;
VIII - the requirements for the promotion of the domestic industry;
IX - the applicable sanctions and penalties in the event of non-compliance with the grant obligations; and
X - the other obligations of the grantee.
§ 1 The transfer of the grant term is allowed with the prior and express authorization of the granting authority, provided that the new grantee meets the technical, economic-financial and legal requirements referred to in the caput of art. 8 and paragraph 2 of art. 9 of this Law.
§ 2 The authorization or concession referred to in the caput of this article does not confer the right to the operation of the electric power generation service by the transferee, which will depend on authorization granted by ANEEL in accordance with the provisions of Law No. 9,074 of July 7, 1995.
Art. 11. The assignment of use contract must include 2 (two) phases, the evaluation phase and the execution phase.
§ 1 In the evaluation phase, the following studies must be carried out to determine the viability of the project:
I - technical and economic feasibility analysis;
II - preliminary environmental impact study, to be carried out to analyze the environmental viability of the project in the environmental licensing procedure, in accordance with item IV of paragraph 1 of art. 225 of the Federal Constitution;
III - assessment of the externalities of the projects, as well as their compatibility and integration with other local activities, including maritime, fluvial, lake and aeronautical safety;
IV - georeferenced information about the prism's energy potential, including data on wind speed, wave amplitude, sea currents, and other climatic and geological information, in accordance with the regulations.
§ 2 The information referred to in this article will be included in the publicly accessible Brazilian offshore energy inventory database, subject to the definition of a confidentiality period for its disclosure, in accordance with the regulations.
§ 3 Before the end of the deadline defined in the assignment of use contract for the evaluation phase, the grantee will submit a viability declaration accompanied by goals for the implementation and operation of the project, in accordance with the regulations.
§ 4 Failure to submit the declaration of viability within the duration of the evaluation phase will result in the termination of the grant in relation to the respective prism, and the grantee will not be entitled to reimbursement or reimbursement of any amount deferred as a result of government shares, compensation, or improvements.
§ 5 In the execution phase, the activities of implementing and operating the project for the exploitation of offshore energy potential will be carried out in the respective prism.
Art. 12. The grantee is obliged to:
I - adopt the necessary measures for the conservation of the territorial sea, the continental shelf and the exclusive economic zone, with emphasis on the object of the grant and the respective natural resources, for the safety of navigation, people and equipment, and for the protection of the environment;
II - carry out an environmental monitoring project for the project in all its phases, in accordance with the regulations;
III - guarantee the decommissioning of the facilities in accordance with art. 15 of this Law;
IV - report to the National Petroleum, Natural Gas and Biofuels Agency (ANP) or the National Mining Agency (ANM), immediately, the discovery of evidence, sweat, or occurrence of any deposit of petroleum, natural gas, or other hydrocarbons or minerals of commercial or strategic interest, in accordance with the regulations;
V - report to the National Historical and Artistic Heritage Institute (Iphan) the discovery of a well considered historical, artistic or cultural heritage, material or immaterial;
VI - take civil responsibility for the acts of your representatives and compensate for the damage resulting from the implementation activities of the offshore electricity generation and transmission project subject to the grant, with compensation to the Federal Government for the burdens it may bear as a result of possible demands motivated by acts of responsibility of the grantee;
VII - adopt the best international practices in the electricity sector and offshore operations, as well as comply with relevant environmental, technical and scientific standards and procedures.
Art. 13. The summons instrument and the resulting grant term will provide for the following mandatory government participations:
I - subscription bonus, which will have its amount established in the notice and in the respective grant term and will correspond to the payment offered in the proposal to obtain the grant;
II - area occupancy rate, calculated in reais per square kilometer (R$/km2), whose payment will be made annually;
III - proportional participation, which will be paid monthly, starting from the date of entry into commercial operation, corresponding to the percentage, to be established in the public notice, of the amount of energy generated by the project, calculated in accordance with the regulations.
Paragraph 1 The regulation shall provide for the assessment, payment, and penalties for default or default relating to government shares owed by grantees.
§ 2 The payment of the amount corresponding to the subscription bonus must be included in the notice or the summons.
Art. 14. The distribution of government shares provided for in art. 13 of this Law will be made according to the following criteria:
I - for the subscription bonus and for the area occupancy rate, the amount will be allocated to the Federal Government;
II - for proportional participation, the amount will be distributed in the following proportion:
a) 50% (fifty percent) for the Union;
b) 12.5% (twelve integers and five tenths of a percent) for the confronting States in which the retroareas connected to the SIN and any reinforcements necessary for the flow of energy are located;
c) 12.5% (twelve full and five tenths of a percent) for the confronting municipalities in which the rear areas of facilities for connection to the SIN and any reinforcements necessary for the flow of energy are located;
d) 10% (ten percent) for the States and the Federal District, apportioned in proportion to the State Participation Fund and the Federal District (FPE);
e) 10% (ten percent) for Municipalities, apportioned in proportion to the Municipal Participation Fund (FPM);
f) 5% (five percent) for sustainable and economic development projects authorized by the Federal Executive Branch, aimed at and distributed in a fair and equitable manner to the communities impacted in the confronting municipalities, in accordance with the regulations.
Single paragraph. The amounts received by the Federal Government resulting from the area's occupancy rate must be applied primarily to actions aimed at research, development and innovation associated with energy and industry.
Art. 15. All acts of granting offshore generation projects must contain clauses with provisions on the respective decommissioning, in accordance with the regulations.
§ 1 Abandonment or recognition of expiry does not exempt the carrying out of all acts provided for decommissioning or the payment of the amounts due for the government shares referred to in art. 14.
§ 2 The removal of structures from the project will consider the environmental impact on the formation and maintenance of artificial reefs, in accordance with the regulations.
Art. 16. Grants for the purposes provided for in this Law and prior to their entry into force are valid for the period fixed in the grant term.
Art. 17. The CNPE must establish the necessary guidelines to comply with the provisions of paragraph 1 of art. 5 and art. 8 of this Law and determine the adoption of the necessary measures to regulate the use of offshore electricity generation, with an indication of a deadline, regulatory agencies and other competent entities of the Executive Branch, among other provisions.
Art. 18. If they do not conflict with this Law, Laws No. 8,987, of February 13, 1995 (Public Service Concessions Act), 9,074, of July 7, 1995, and 14,133, of April 1, 2021 (Tenders and Administrative Contracts Act), apply subsidiarily to the exploitation of offshore energy potential.
Art. 19. Article 26 of Law No. 9,427, of December 26, 1996, comes into force with the following paragraph 1-O:
“Article 26...
...
PARAGRAPH 1-O. After the entry into operation of all the generating units referred to in items I and II of § 1º-C, the reduction referred to in paragraphs 1, 1-A and 1-B of this article will be recorded retroactively from the date of entry into operation of each generating unit.
...” (NR)
Art. 20. The caput of art. 1 of Law No. 9,478, of August 6, 1997, comes into force in addition to the following items XX and XXI:
“Article 1...
...
XX - promote the rational and sustainable economic use of the potential for generating electricity in the territorial sea, on the continental shelf, in the exclusive economic zone, or in other water bodies under the control of the Union;
XXI - encourage the generation of electrical energy based on the exploitation of offshore energy potential.” (NR)
Art. 21. Law No. 10,438, of April 26, 2002, comes into force plus the following article 27-A:
“Art. 27-A. It is up to the competent body of the Executive Branch to coordinate electrical energy auctions for generation projects located in the territorial sea, on the continental shelf, in the exclusive economic zone, or in other water bodies under the control of the Federal Government, as well as transmission auctions for interconnection with the basic network of the National Interconnected System (SIN).”
Art. 22. Law No. 14,182, of July 12, 2021, comes into force with the following amendments:
“Article 1...
§ 1 (VETOED).
...
§ 12. (VETOED).
§ 13. (VETOED).
§ 14. (VETOED).
§ 15. (VETOED).
§ 16. (VETOED).
§ 17. (VETOED).
§ 18. (VETOED).” (NR)
“Art. 4...
I - (VETOED);
...” (NR)
“Art. 7...
...
§ 6 (VETOED).” (NR)
“Art. 23....
I - (VETOED);
II - (VETOED);
III - (VETOED);
IV - (VETOED);
V - (VETOED);
VI - the generator may reduce, at its discretion, the amount of energy from the original contract, and for this purpose it must provide the total amount of energy to be contracted before signing the additive.” (NR)
Art. 23. (VETOED).
Art. 24. (VETOED).
Art. 25. This Act comes into force on the date of its publication.
Brasilia, January 10, 2025; 204th of Independence and 137th of the Republic.
LUIZ INÁCIO LULA DA SILVA
Fernando Haddad
Cristina Kiomi Mori
Geraldo José Rodrigues Alckmin Filho
Manoel Carlos de Almeida Neto
Maria Osmarina Marina da Silva Vaz de Lima
Arthur Cerqueira Valerio
Gustavo José de Guimarães e Souza
Celso Sabino de Oliveira
This text does not replace the one published in the DOU of 10.1.2025 - Extra Edition
