Brazilian Public Consultation Discusses Rules for Carbon Capture and Storage (CCS) Projects
In the context of regulating the Future Fuel Law (Law No. 14,933/2024), the Ministry of Mines and Energy (MME) launched, on November 17, 2025, Public Consultation No. 205, concerning the draft Decree that regulates Carbon Capture and Storage (CCS) and Bioenergy with Carbon Capture and Storage (BECCS) activities.
The draft Decree provides that such activities will require authorization from the National Agency of Petroleum, Natural Gas and Biofuels (ANP), which will be responsible for defining the applicable technical conditions and operational procedures. In this regard, the draft Decree already establishes that the authorization for geological storage of carbon dioxide (CO₂) must be structured into two phases: (i) storage assessment and appraisal; and (ii) storage operation.
Another relevant point of the draft is the initial 20-year period during which the operator must maintain monitoring activities of the geological CO₂ storage. The authorization may only be terminated once the stability requirements of the CO₂ plume have been demonstrated.
This consultation represents an important step in defining the regulatory foundations for the development of carbon capture and storage projects in Brazil, especially in light of expected increases in investments in CCS/ BECCS technologies and their future integration into the Brazilian Emissions Trading System (SBCE).
Public Consultation No. 205 will remain open for comments until December 16, 2025.
The Environmental, Climate Change & Sustainability Practice of Tauil & Chequer Advogados in association with Mayer Brown is available to provide further clarification and to support the preparation of contributions to the public consultation.
