The Ministry of Mines and Energy (MME) has decided to strongly protest the position of the National Agency of Petroleum, Natural Gas and Biofuels (ANP), which will move forward with the agenda that allows the fractional filling of gas cylinders and the end of the exclusivity of the container. On Friday, May 22, NeoFeed exclusively revealed that the agency will put the matter on the agenda at its next meeting.

In a 14-page letter sent to the five directors of the ANP (National Agency of Petroleum, Natural Gas and Biofuels) on the afternoon of Monday, May 25th, and which NeoFeed had access to, the ministry points to legal grounds to prevent the matter from continuing under discussion. It also states directly that if these changes go ahead, the Gás do Povo (People's Gas) social program is at risk of being affected.

“It seems reasonable and prudent, in light of the context established with the advent of the People's Gas program as a structuring public policy and the new priorities of the National Energy Policy for the national LPG market, that such issues are not included in the immediate scope of the current regulatory agenda,” says the document, signed by Renato Cabral Dias Dutra, National Secretary of Petroleum, Natural Gas and Biofuels of the Ministry of Mines and Energy.

In this regard, the Ministry indicates that if the ANP (National Agency of Petroleum, Natural Gas and Biofuels) continues with discussions regarding changes in the liquefied petroleum gas (LPG) sector, the agency will be violating Resolution No. 3 of the National Council for Energy Policy (CNPE), from April 2026.

The resolution cited by the Ministry of Mines and Energy (MME) stipulates that all gas cylinders must be sold fully loaded and establishes guidelines for the sector. The very law that created the "People's Gas" program, sanctioned in February by President Luiz Inácio Lula da Silva, guarantees this safety in the sale of gas cylinders.

Therefore, the Ministry of Mines and Energy "recommends" that the directors of the National Agency of Petroleum, Natural Gas and Biofuels (ANP) only proceed with the other items on the agenda regarding possible regulatory changes and reject continuing discussions on fractional bottling and the authorization for any cylinder to be filled by any distributor.

“In defense of the technical and decisional autonomy of the Regulatory Agency, and considering that this is a regulatory review involving significant concerns, risks, and doubts regarding adherence and harmony with the subsequent legal and infra-legal framework, it seems advisable to assess the convenience of separately addressing certain issues currently included in the regulatory debate, in order to preserve the timely progress of measures that show more direct and immediate adherence to the guidelines,” states the document from the Ministry of Mines and Energy.

In item 34, the MME letter adds that the potential changes could pose direct risks "to the clear accountability of economic agents, to consumer safety, to the integrity of control mechanisms, and to the proper implementation of public policies related to the LPG sector."

The industry fears that if this door is opened, organized crime could enter the area. With fractional bottling, companies in the sector argue, it would be impossible to guarantee the quality and safety of the product that will be sold.

Because of this, the main companies in the sector have already indicated that they may curb the billions of dollars in investments being made to purchase new gas cylinders, due to the new demand from the social program.

According to data from ANP (National Agency of Petroleum, Natural Gas and Biofuels), Copa Energia – owner of the Copagaz and Liguigás brands – leads the LPG market in Brazil, with a 23.82% market share . Next is Nacional Gás, with 21.49%, followed by Supergasbras, with 21.4%, and Ultragaz, with 16%.

Since each of these companies must invest at least R$ 500 million, the expectation is that investments will reach at least R$ 2 billion. And it is these amounts that may not be invested in the sector if the ANP proceeds with these changes.

“In this context, issues related to fractional filling and the bottling of containers from other brands, for example, seem to require specific consideration for harmonization with the legal rules and guidelines of the National Energy Policy included in the context of the People's Gas program, insofar as they may represent tensions in relation to the premises adopted by CNPE Resolution No. 3/2026,” states the ministry's letter.

The official letter from the Ministry of Mines and Energy is addressed directly to the Director-General Artur Watt Neto, and to the other directors Symone Araújo, Daniel Maia Vieira, Fernando Moura, and Pietro Mendes.

The expectation is that, at least up to this point, the trend was for the advancement of changes in the sector, and the submission of draft proposals for public consultations and hearings, to be approved by a 3-2 vote.

Directors Mendes and Araújo are expected to vote to maintain the current rules. Vieira and Moura, however, are inclined to vote for the continuation of the changes, which are likely to create legal uncertainty in the sector. Watt Neto is seen as the deciding vote, in favor of the new rules.

On Saturday, May 23, Watt Neto revealed to NeoFeed , in an exclusive interview after participating in a panel at the Esfera Brasil Forum in Guarujá, that the topic would be on the agenda for the board's next meeting, on Friday, May 29.

However, the director-general's announcement was made even before the official agenda for the meeting was released, which only comes out three days before the meeting, on Tuesday, May 26th. This shows that the ANP (National Agency of Petroleum, Natural Gas and Biofuels) does, in fact, want to proceed with the discussion.

“The MME’s letter is very forceful. And the ANP cannot compete with other existing regulations. This recommendation is very strong. And I hope that, now, they will remove these issues from the minutes,” says a key executive in the LPG market, speaking on condition of anonymity to NeoFeed .

Contacted by NeoFeed , the Ministry of Mines and Energy and the ANP did not respond to requests for an interview.