CMN Resolution No. 5085 — Adjusts prohibition rule for Proagro program classification of enterprises with recurrent loss reports

Resolution No. 5,085

The current text of the MCR is available at the following address: www3.bcb.gov.br/mcr.

CMN RESOLUTION NO. 5,085, OF JUNE 29, 2023

Adjusts prohibition rule for classification of enterprise with recurrent loss reports in the Agricultural Activity Guarantee Program (Proagro).

The Central Bank of Brazil, in accordance with Article 9 of Law No. 4,595, of December 31, 1964, makes public that the National Monetary Council, in a session held on June 29, 2023, considering the provisions of Articles 59, 65-A, and 66-A of Law No. 8,171, of January 17, 1991, and Article 4 of Decree No. 175, of July 10, 1991,

R E S O L V E D:

Article 1. Section 2 (Classification) of Chapter 12 (Agricultural Activity Guarantee Program – Proagro) of the Rural Credit Manual (MCR) shall be in effect with the following alterations:

“16 -
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h) enterprise whose CPF of the beneficiary(s) of the operation or whose Rural Environmental Registry (CAR) number is linked to enterprises that had the quantity of loss communications established in item 16-A, consecutive or not, in the period of 5 (five) agricultural years prior to the agricultural year in which the classification request occurred, observed that, for the purposes of this subsection:

I - the date on which the beneficiary made the loss communication shall be considered;

II - in loss communications related to Proagro Mais enterprises, all CPFs of the beneficiaries who were part of the family unit of the Declaration of Aptitude to Pronaf (DAP) or the National Registry of Family Agriculture (CAF-Pronaf) linked to the enterprise on the date of the loss communication shall be considered;

III - the CARs related to areas of agrarian reform settlements and areas occupied by peoples and traditional communities shall not be considered, in accordance with applicable legislation;

IV - only loss communications under analysis, approved, or denied, made from the date established in item 16-A, shall be considered;

V - the prohibition shall be applied throughout the entire agricultural year following the occurrence of the circumstance described in subsection “h”, observed the provisions of items I, II, and IV;

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(NR)

“16-A - For the purposes of subsection “h” of item 16, the quantities of loss communications and the initial terms shall be considered as established according to the following schedule:

a) from July 3, 2023, to June 30, 2024: 7 (seven) loss communications, considering only those under analysis, approved, or denied, made from July 3, 2018;

b) from July 1, 2024, to June 30, 2025: 6 (six) loss communications, considering only those under analysis, approved, or denied, made from July 1, 2019;

c) from July 1, 2025 onwards: 5 (five) loss communications, considering only those under analysis, approved, or denied, made from July 1, 2020.” (NR)

Article 2. This Resolution enters into force on July 3, 2023.

Roberto de Oliveira Campos Neto
President of the Central Bank of Brazil