Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 27
Offshore Wind Worldwide 2023
(Agência Nacional de Energia Elétrica, or
ANEEL) and rules including anticipated
economic return as a criterion for evaluating concession bids.
• Interministerial Decree of MME and the
Ministry of Environment (Ministério do
Meio Ambiente, or MMA) No. 3 sets
guidelines for the creation of a Single
Portal for Offshore Area Management
(Portal Único para Gestão do Uso
de Áreas Offshore para Geração de
Energia), a digital tool that promotes
transparency, reduces bureaucracy,
and allows for the monitoring of public
assets and the progress of offshore
wind projects.
These rules and regulations, in addition to
other regulations and guidelines issued by
regulatory agencies such as ANEEL IBAMA,
form the regulatory framework for offshore
wind energy generation. Furthermore,
significant bill proposals are currently being
discussed, as follows:
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the procedures for bidding and concession contracts, including environmental impact assessments, and provides
further procedures and guidelines. As
of the date of publication of this guide,
the bill was pending approval from the
Brazilian Chamber of Deputies.
Despite these efforts, further regulation is
still necessary to address various aspects
of offshore wind generation. Anticipated
regulations and instructions include:
• The MME is expected to publish
complementary norms prior to July 30,
2023, further to Ordinance No. 52/GM/
MME, specifically addressing the methodology for calculating the payment
owed to the Brazilian federal government for the use of public assets and
determining the maximum area to be
allocated under a single contract;
• The EPE is expected to provide instructions for conducting additional energy
studies;
• Senate Bill 11247/18, which aims to authorize the establishment of offshore
power plants for wind and solar energy
generation located in Brazilian territorial waters and in its exclusive economic
zone (Zona Econômica Exclusiva, or
ZEE)6. The bill also allows for the installation of power plants in inland bodies
of water and waterways such as lakes
and rivers, proposes amendments to
existing energy sector laws, outlines
• ANEEL is expected to publish a regulatory framework in order to promote
regulatory adjustments for the implementation and exploration of offshore
power generation, as provided in its
regulatory agenda approved for the
2023-2024 period; and
• Institutions responsible for overseeing
sea activity and issuing each one of
6 Brazil’s ZEE is the maritime area established by the United Nations Convention on the Law of the Sea and is a strip from twelve to two hundred miles
where Brazil has priority rights to utilize the sea’s living and non-living resources, as well as the responsibility for managing environmental matters with
respect thereto.
