Author: Secretary of Finance

Source: Government of the State of São Paulo, 16/09/2009

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Governor José Serra signed this Wednesday, 16, with the Union
National Fuel Distribution Companies (Sindicom), agreement that
will allow fuels seized in inspection operations to be
reused. After reprocessing, which will return all properties
adulterated alcohol and gasoline, the State may donate the
fuel or use it in police vehicles, fire engines, ambulances or
other official vehicles, without prejudice to their performance.

“Here in São Paulo the fight is tough, we have already closed more than 700
establishments to defend consumers and companies in the sector that
work well, do not evade and correctly provide their services ”, said
Jose Serra.

Under the agreement, signed by representatives of the government and the
during the opening of the International Forum of Service Stations, in the
capital, Sindicom will be responsible for appointing an associated company that
carry out the withdrawal, transportation, reprocessing and return to the State of
fuel collected under conditions of reuse. According to the Law of Loss
(Law 12.675 / 07), the recovered fuel can be incorporated into the equity of the
State.

In addition to the agreement, during this Wednesday's event, at Expo Center Norte,
Finance Secretariat signed a Cooperation Agreement with the Secretariat of Justice and
Defense of Citizenship, the Public Ministry (MP) and Procon-SP to increase the
efficiency of actions to combat adulteration of fuels in the State. Fur
term, Fazenda, Procon and the MP will work more integrated and share
resources to combat fraud. One example of such cooperation will be the
possibility of using a mobile laboratory to carry out
fuels belonging to the Public Ministry.

With both acts, the state government believes that combating adulteration
fuels will become even more intense. Since December 2004, with the
approval of Law 11.929, which instituted the cancellation of the state registration of
gas stations when the products are adulterated, the More
Keeping an eye on the bomb canceled the State Registration of 710 posts throughout the State.
Adulterated fuel increases pollutant emissions, is a likely source of
damage to health, misleads the consumer, can cause damage to the engine of
vehicles, generating power loss and increased consumption, in addition to tax evasion
taxes.

“This evil harms the population as a whole, at a time when there is a
reduction of resources that enter the State through evasion or fraud in relation to
fuel, are less resources for Education, Health and Public Safety. IT'S
role of the State in conjunction with the city halls, the Public Ministry, with
various state and municipal bodies and with unions to combat this type of
procedure, and that is what the State has done over the years ”, explains Mauro
Ricardo, Secretary of Finance.

Based on the Law of Forfeiture, sanctioned by Governor José Serra in July
2007, Procon-SP can apply penalties ranging from fines and seizures
until partial or total interdiction of the establishment that it acquires, transports,
stock, distribute or resell fuel that is not suitable for consumption, due to
its non-compliance with the specifications set by the National Agency for
Petroleum, Natural Gas and Biofuels (ANP), the body that regulates the
sector. The Law also allows the Secretariat of Justice to delegate to the
tax administration the duties of calculating and imposing the
penalties.

The application of the Law of Forfeiture will change the inspection process. At the
previous model, three fuel samples were taken by
Finance Secretariat for analysis by the Technological Research Institute (IPT).
During the process, which lasted up to 30 days, the post continued to function
normally. After the adulteration of the fuel was confirmed, the Farm began to
withdrawal process from the State Registration of the establishment.

With the law of forfeiture, during the inspection of posts the three samples
continue to be collected for IPT analysis. However, a preliminary test is
done at the same time and, with suspicion of tampering confirmed, the tank with the
non-conforming fuel and their respective pumps are sealed. after the
analysis process of the IPT, the fraud is confirmed, the Treasury starts the process of
cancellation of the state registration of the establishment and Procon-SP starts the
process to decree fuel loss.

After this stage, Sindicom will appoint one of its associates to carry out the
remove this fuel from the gas station and perform tests to see if it is
subject to reprocessing. If not, the Finance Secretariat will hire
environmental company specialized in burning toxic waste to dispose of
product. If possible, after recovery, Sindicom will return the
fuel to the State, which can use it in police cars, fire engines,
ambulances, other State vehicles or even for donation.

In addition to Governor José Serra, the secretary of the
Finance, Mauro Ricardo Machado Costa, Secretary of Justice and Defense of
Citizenship, Luiz Antônio Marrey, Attorney General, Fernando Grella
Vieira, the executive director of Procon-SP, Roberto Augusto Castellanos Pfeiffer,
and the president of Sindicom, Leonardo Gadotti Filho.

Who's who in combating fuel fraud

 

Secretary of Finance

• Coordinates the Pump Eye Operation, which checks the compliance of the
  fuels and the fiscal movement at gas stations
  
• Has the power to revoke the state registration of the post, if the
  fuel non-conformity
  
• Hires a specialized company to burn seized fuel that does not
  can be recovered
  
• Preliminary fuel testing at gas stations

Technological Research Institute (IPT)

• Checks whether fuel samples collected at stations are within the
  specifications determined by the National Agency of Petroleum, Natural Gas and
  Biofuels (ANP)

Consumer Protection and Defense Foundation (Procon-SP)

• Preliminary fuel testing at gas stations
  
• Seal the tanks and pumps if any irregularity is found in the
  preliminary test
  
• From the confirmation of the non-conformity of the fuel, you can decree the
  loss of product
  
• You can interdict posts that break seals and also apply a fine.
  consumer right to gas station owners who re-market
  suspicious fuel

National Union of Fuel Distribution Companies -
union

• Removes adulterated fuel from the pumps of the stations that have been closed
  
• Does the analysis to see if the product can be reused or not
  
• If possible, reprocess the fuel and return it to
  the state
  
• If it is not possible, return it to the State to provide your
  incineration

Understand how fuel is recovered

1. After the loss of fuel has been decreed, Sindicom will make an analysis
to check if the product is able to be recovered.

2. If during the analysis it is found the presence of excess marker of
solvent, the fuel cannot be reused. In this case, Sindicom
return the product to the State, which in turn will hire a specialized company
burning toxic waste to incinerate the fuel.

3. If there is a possibility of recovering the fuel, Sindicom has
two options:

3.1) If it is non-conforming fuel alcohol, a company linked to Sindicom
mix the improper seized fuel with a greater amount of
pure alcohol. In this way, the fuel will be equalized according to the standards,
becoming suitable for reuse, causing no damage to the vehicles engine,
loss of power, wear of parts or damage to the State.

3.2) Gasoline sold at gas stations is known as C gasoline.
75% type A gasoline and 25% anhydrous alcohol. If the amount of alcohol
anhydrous is greater than allowed, a company linked to Sindicom will mix
type A gasoline until the percentages are in accordance with the
determination of the National Agency of Petroleum, Natural Gas and Biofuels
(ANP). In this way, the gasoline returned to the State becomes suitable for
not causing damage to the vehicle's engine, loss of power,
wear of parts and no damage to the State.

Learn about the State's actions in combating adulteration of
fuel

From the Finance Secretariat