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Second Transfer of Rights Surplus Production Sharing Bidding Round

According to Law 12,276 / 2010, the Transfer of Rights is a regime of direct contracting of specific areas of petroleum of the Union for Petroleo Brasileiro S.A - Petrobras. The law granted Petrobras the right to extract up to five billion barrels of oil equivalent from non-granted areas located in the pre-salt, as detailed in the Transfer of Rights Agreement signed between the Union and Petrobras. 

Considering the legal limitation on the maximum volume to be extracted in the Transfer of Rights Agreement, and the existence of surplus volumes to the contracted, the National Council for Energy Policy (CNPE), through CNPE Resolution 6/2019, published in the Official Gazette (DOU) dated 04/18/2019, authorized the National Agency of Petroleum, Natural Gas and Biofuels (ANP) to hold the Production Sharing Bidding Round for surplus volumes to those contracted under the Transfer of Rights regime in areas of the Pre-salt. The development areas of Atapu, Búzios, ltapu and Sépia, in the Santos Basin were offered. 

In November 2019, the ANP held the event and the Búzios and Itapu development areas were auctioned off. 

In January 2020, MME Ordinance No. 23/2020 was published, which qualified Pre-Sal Petróleo SA as representative of the Union to negotiate the Participation Plots corresponding to the Transfer of Rights and the Production Sharing Contract of the excess volumes of the fields Sepia and Atapu and submit them to the ANP for evaluation and approval. 

In December 2020, the participations agreed between Petrobras and PPSA were analyzed and approved by the ANP Board and forwarded to the Ministry of Mines and Energy. Participations, together with other parameters, were submitted to the National Council for Energy Policy. 

In February 2021, MME Ordinance No. 493/2021 established a Propositional Committee, composed of members from the Ministry of Mines and Energy (MME), Pré-Sal Petróleo SA (PPSA) and the Energy Research Company (EPE), with the objective of establishing the technical, economic and legal guidelines for the negotiation of the parameters to be used in the calculation of the compensation considering the current market conditions. 

On April 9, 2021, the National Council for Energy Policy published in the Official Gazette (DOU) CNPE Resolution No. 03/2021 which establishes the guidelines for the realization of the round. And on April 22, CNPE Resolution No. 05/2021 was published, which establishes the technical and economic parameters of the Second Transfer of Rights Surplus Production Sharing Bidding Round in the fields of Sepia and Atapu.

Also in April 2021, MME Ordinance No. 08 was published, which amends MME Ordinance No. 213/2019, which establishes the guidelines for calculating the compensation due to Petrobras for investments made in the Sépia and Atapu fields.

On 04/29/2021, Petróleo Brasileiro SA - Petrobras sent a letter to the Ministry of Mines and Energy expressing its interest in exercising its preemptive right of operation and participation in relation to the areas of Sépia and Atapu, both with the percentage of participation of 30%. 

On 05/03/2021, CNPE Resolution No. 09/2021 was published, which establishes that the Second Transfer of Rights Surplus Production Sharing Bidding Round should indicate that the mandatory participation of Petrobras, as operator , will occur with 30% in each of the Sepia and Atapu areas.

On 06/01/2021, MME Ordinance No. 519/2021 was published, which governs the Co-participation Agreement to be entered into between the Assignee of the Assignment Agreement and the Contractor of the Production Sharing Agreement of the Surplus Volumes to the Contractors in Assignment for Consideration of the Sepia and Atapu Fields.

In the Second Transfer of Rights Surplus Production Sharing Bidding Round, the development areas of Sépia and Atapu, in the Santos Basin, will be offered.

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