Source: Diário Legislativo - Rio de Janeiro / RJ - TOURISM - 26/05/2010

In addition to the fine already set by Law No. 9.847 / 99, gas stations that sell oil products, natural gas and adulterated biofuels may suffer temporary suspension, total or partial, of their operation. The extension of the penalty imposed on offending establishments is part of a proposal approved on Wednesday (26), by the Constitution, Justice and Citizenship Commission (CCJ).

The companies that own the stations will also be within the scope of the standard, if the project is approved when they import or export adulterated fuels.

Currently, Law No. 9.847 / 99 - which regulates the inspection of the sector and sets administrative sanctions - admits the penalty of temporary suspension of activities only in two cases: when the maximum fine applied falls short of the financial advantage obtained by the infringer or in case of recurrence.

The project (PLC 162/09), authored by deputy Celso Russomano (PP-SP) was approved in the form of a substitute presented by the rapporteur at the CCJ, senator Raimundo Colombo (DEM-SC).

The rapporteur argues that the possibility of a more severe penalty for companies involved in the trading of adulterated fuels, such as temporarily suspending the operation of their establishments or facilities, should curb the practice of the offense. He only made a repair of legislative technique, which does not interfere in the content of the project, changing the menu (summary of the law) in order to make his purpose clearer.

Inspection

At the request of Senator Romero Jucá (PMDB-RR), the bill was being processed in conjunction with the Senate bill (PLS 291/09), authored by the Constitution, Justice and Citizenship Commission (CCJ), which established a minimum periodicity for inspection of fuel distribution and resale companies by the National Petroleum Agency (ANP). In his report, Raimundo Colombo recommended the approval of PLC 162/09 and the filing of PLS ​​291/09, although he partially took advantage of his suggestions in the elaborate substitute.

It was established, therefore, that the inspection actions of the ANP must reach, annually, at least 50% of the distributors and 35% of the fuel dealers, prioritizing the investigation in those excluded from the process in the last two years. In the event of the adulteration of fuels marketed by a distributor, the inspection should be extended to the entire network of retail outlets to which it has served.

Raimundo Colombo points out that the merit of the proposal is evident, since adulterated fuels cause defects and loss of performance in the vehicles and machines that use them, thus causing great damage to consumers. In addition, he notes, the use of adulterated fuels causes great damage to the environment, as it increases the emission of pollutants into the atmosphere.

During the vote on the matter at the CCJ, the ad hoc rapporteur, Senator Antônio Carlos Valadares (PSB-SE), explained that the project is the result of the conclusions of the Parliamentary Commission of Inquiry (CPI) of the Legislative Assembly of São Paulo, created to investigate irregularities committed in the commercialization of fuels in that state.

The matter will also be examined by the Environment, Consumer Protection and Inspection and Control (CMA) and Infrastructure Services (CI) Commissions.