Rule · BCB · 3 Jul 2024 · Resolução CMN 5151
Financial institutions administering FNO, FNE, and FCO must share operational risk with administrative banks and apply PNMPO methodology for Pronaf Microcredit (Group B) and agroecological enterprises. They must provide technical assistance throughout the contract, including preparing specific plans for sociobiodiversity systems and guiding producers on sustainable exploration and native biodiversity maintenance.
The current text of the MCR is available at the following electronic address: www3.bcb.gov.br/mcr.
RESOLUTION
CMN NO. 5,151, OF JULY 3, 2024
Adjusts rules to be applied to rural credit operations contracted under the National Program for Strengthening Family Agriculture – Pronaf.
The Central Bank of Brazil, in accordance with Art. 9 of Law No. 4.595, of December 31, 1964, makes public that the National Monetary Council, in an extraordinary session held on July 2, 2024, in accordance with Arts. 4, caput, item VI, of Law No. 4.595, of December 31, 1964, 4 and 14 of Law No. 4.829, of November 5, 1965, and 3, § 3, of Law No. 11.326, of July 24, 2006,
R E S O L V E D:
Art. 1 The Section 1 (General Provisions) of Chapter 10 (National Program for Strengthening Family Agriculture – Pronaf) of the Rural Credit Manual – MCR shall enter into force with the following alterations:
“14 - ..........................................................................................................................
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c) those referred to in the following Sections of the Chapter on Agropecuary Investment Programs (InvestAgro), in financing for cooperatives:
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“18-A Financial institutions shall be entitled to the remuneration provided for in MCR 10-1-17, and to the additional remuneration provided for in MCR 10-1-18, when they contract agricultural working capital credit operations with resources from the FNO, FNE, and FCO, within the scope of Pronaf, destined for the financing of products listed in item 1 of Working Capital Credit of Table 1 – Financial Charges under the Protection of Pronaf of MCR 7-6, and for rural working capital destined for agroecological-based enterprises, as provided for in MCR 10-4-10, through rural credit agents, under the conditions provided for in MCR 1-1-12, provided that the following conditions are met:
a) the operational risk of the operations must be shared between the respective administrative banks and the Constitutional Financing Funds;
b) the operations must be contracted with the application of the methodology of the National Program for Guided Productive Microcredit (PNMPO), as provided for in Law No. 13.636, of March 20, 2018;
c) to provide technical assistance, the rural credit agents referred to in MCR 1-1-12 must meet the requirements provided for in MCR 1-3-3 and be listed among the professionals in the socio-bioeconomy and agroecology trained by the Ministry of Agrarian Development and Family Agriculture (MDA) and the Ministry of Environment and Climate Change (MMA), as provided for in the joint ordinance of these Ministries;
d) rural credit agents must provide technical assistance to the borrower throughout the validity of the contract, at least:
I - preparing specific plans and projects for rural credit financing for species of sociobiodiversity or agroecological-based systems;
II - technically guiding the producer for the development of productive activities of species of sociobiodiversity or the production of agroecological-based systems financed;
III - guiding the producer on the application of the principles of sustainable exploration, aiming to guarantee the permanence of renewable environmental resources and ecological processes through agroecological-based systems;
IV - guiding the producer for the maintenance of native biodiversity and other ecological attributes of forests.” (NR)
“18-B In the contracting of Pronaf Microcredit for Rural Productive Activities (Group “B”) as provided for in MCR 10-13, when the operations are destined for the financing of the products listed in item 1 of Working Capital Credit of Table 1 – Financial Charges for Financing under the Protection of Pronaf of MCR 7-6, and of products destined for agroecological-based enterprises as provided for in MCR 10-4-10, and the PNMPO methodology, as provided for in Law No. 13.636, of March 20, 2018, is applied, the financial institutions administering the FNO, FCO, and FNE must prioritize the contracting of rural credit agents who meet the requirements and provide services as provided for in MCR 10-1-18-A.” (NR)
“25 - ..........................................................................................................................
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e)
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II - in the case of investment operations, up to 100% (one hundred percent) of the value of the installments due by the borrower in the year may be extended for up to one year after the end of the contract, limited to up to 3 (three) extensions under this provision in each operation;
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a)
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II - up to R$450,000.00 (four hundred and fifty thousand reais) for investment;
b) ..........................................................................................................................
I - up to R$40,000.00 (forty thousand reais) for working capital;
II - up to R$70,000.00 (seventy thousand reais) for investment, which limit may be up to R$120,000.00 (one hundred and twenty thousand reais) when it concerns financing of agroforestry system projects in the form of MCR 10-7-1-“b”-I.” (NR)
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a) ..........................................................................................................................
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III - whose plan, project, or budget contains the CFI code of BNDES regarding the item to be acquired and, when it concerns tractors, self-propelled combines, and self-propelled agricultural machines for spraying and fertilization, also contains the Mais Alimentos code;
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V - when it concerns tractors, self-propelled combines, and self-propelled agricultural machines for spraying and fertilization, they must be listed in the Mais Alimentos Program list, observing the minimum description and maximum value of each item;
b) ..........................................................................................................................
I - of financed value, per beneficiary in each agricultural year, up to R$250,000.00 (two hundred and fifty thousand reais), when it concerns a self-propelled combine, and R$160,000.00 (one hundred and sixty thousand reais) for other cases, observing the provision of item II of this subsection; and
.........................................................................................................................” (NR)
“40 The costs related to the preparation of projects for the grant of water use and for environmental licensing, including fees and notary expenses, may be financed in working capital or investment operations, up to the limit of 15% (fifteen percent) of the financed credit, provided that the destination of the funds is stated in a simplified credit proposal or technical project.” (NR)
“43 In the case of individual technical guidance, its cost must be:
a) for enterprises linked to working capital: up to 2% (two percent) of the budget value, due at the time of contracting;
b) for other enterprises linked to investment:
I - up to 2% (two percent) of the budget value, due at the time of contracting;
II - up to 2% p.a. (two percent per year), due on June 30, December 31, and at the maturity of the technical guidance service contract, or, if earlier, on the date of financing liquidation, applied to the balances of the linked account after the first year of validity of the operation, added to the own resources provided for in the budget, observed that the own resources must be deducted in the same proportion as the amortizations made;
c) for enterprises linked to investment related to technological innovation when mandatory contracted with technical assistance and since they are destined for automation in poultry farming, swine farming, and dairy cattle farming, and for the construction and maintenance of protected cultivation structures, including related equipment, irrigation systems, components of precision agriculture, and renewable energy technologies, such as solar energy, biomass, and wind, or in agroforestry systems, agroecological production systems, or in transition to agroecology, upon presentation of a technical project, in the following manner:
I - up to 3% (three percent) of the budget value, due at the time of credit opening;
II - up to 3% p.a. (three percent per year), due on June 30, December 31, and at the maturity of the technical guidance service contract, applied to the balances of the linked account after the first year of validity of the operation, added to the own resources applied in the enterprise.” (NR)
Art. 2 The Section 2 (Beneficiaries) of Chapter 10 (Pronaf) of the MCR shall enter into force with the following alterations:
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h) if the gross annual income from activities developed on the establishment is higher than R$1,000.00 (one thousand reais), it is admitted, exclusively for the purpose of computing the gross annual income used to calculate the percentage referred to in subsection “d” of this item, the exclusion of up to R$20,000.00 (twenty thousand reais) from the annual income from activities developed by family members outside the establishment;
i) when it concerns dairy activity, 70% (seventy percent) of the Gross Production Value (GPV) must be considered in the calculation of the limit referred to in subsection “f”.” (NR)
“3 - ..........................................................................................................................
a) ..........................................................................................................................
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IV - indigenous residents with enterprises located on indigenous lands declared, according to an ordinance of the Ministry of Justice and Public Security, or homologated;
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b) Group “B”: beneficiaries whose annual gross family income, as provided for in subsection “f” of item 1, is not higher than R$50,000.00 (fifty thousand reais) and who do not hire permanent salaried labor;
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Art. 3 The Section 3 (Credit for Beneficiaries of PNCF, PNRA, and PCRF and for Indigenous and Quilombola People) of Chapter 10 (Pronaf) of the MCR shall enter into force with the following alterations:
“1 - The credits treated in this Section are exclusively destined to the beneficiary families of the National Land Credit Program (PNCF), the National Agrarian Reform Program (PNRA), and the Land Registry and Land Regularization Program (PCRF) and to indigenous residents with enterprises on indigenous lands declared according to an ordinance of the Ministry of Justice and Public Security, or homologated, and quilombola residents with enterprises located in quilombos certified by the Palmares Foundation, the beneficiaries must be classified in Groups "A" and "A/C" of the National Program for Strengthening Family Agriculture (Pronaf).” (NR)
“3 - ..........................................................................................................................
a) allocate 4.762% (four and seven hundred and sixty-two thousandths percent) of the total financing for payment of the service installments during, at least, the first 3 (three) years of project implementation;
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Art. 4 The Section 5 (Investment Credits – Pronaf Mais Alimentos) of Chapter 10 (Pronaf) of the MCR shall enter into force with the following alterations:
“1- ..........................................................................................................................
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c) are restricted to the financing of items directly related to the implementation, expansion, or modernization of the structure of production, storage, transport, or agropecuary or non-agropecuary services activities, on the rural property or in nearby rural community areas, being also eligible for financing the construction or renovation of housing on the rural property, the land regularization of the rural property, and the acquisition of equipment and computer programs aimed at improving the management of rural enterprises, according to specific technical projects;
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Art. 5 The Section 7 (Investment Credit for Agroforestry Systems – Pronaf Floresta) of Chapter 10 (Pronaf) of the MCR shall enter into force with the following alterations:
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b) ..........................................................................................................................
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V - implementation of native fruit tree species of the region's biome;
VI - investments in machines, equipment, and implements linked to the purposes provided for in items I to V, provided it is justified in the technical project that the use of these goods is for sustainable use and compatible with the specificities of each biome;
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Art. 6 The Section 8 (Investment Credit for Coexistence with the Semi-Arid Region – Pronaf Semiárido) of Chapter 10 (Pronaf) of the MCR shall enter into force with the following alterations:
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b) purposes:
I - investments in coexistence projects with the Semi-Arid Region, focused on the sustainability of agroecosystems and destined for the implementation, expansion, recovery, or modernization of the productive structure and infrastructure, including those related to projects for agropecuary and non-agropecuary production and services;
II - investments in machines, equipment, and implements linked to the purposes provided for in item I, provided it is justified in the technical project that the use of these goods is for use compatible with the specificities of this biome;
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Art. 7 The Section 10 (Investment Credit for Young People – Pronaf Jovem) of Chapter 10 (Pronaf) of the MCR shall enter into force with the following alterations:
“3 - Young people who are members of family production units classified in Groups “A”, “A/C”, or “B” may, for the purposes of Pronaf Jovem, have access to the credit line destined to beneficiaries of Group "B", observing the specific conditions of the Microcredit for Rural Productive Activities Section (Group “B”), including regarding the source of resources and the risk of the operation, the granting of subsequent financings being conditioned:
a) to the liquidation of the previous financing;
b) that all family members listed in the DAP or CAF-Pronaf are up to date with the rural credit.” (NR)
Art. 8 The Section 13 (Microcredit for Rural Productive Activities – Group “B”) of Chapter 10 (Pronaf) of the MCR shall enter into force with the following alterations:
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a) term: up to 36 (thirty-six) months, with renewal from the day following the payment of the credit regarding the previous financing;
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Art. 9 The Section 14 (Investment Credit for Agroecology – Pronaf Agroecology) of Chapter 10 (Pronaf) of the MCR shall enter into force with the following alterations:
“1 - …………………………………………………………………………………………..........…………………..
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b) purposes:
I - financing of ecological or organic-based systems, including costs related to the implementation and maintenance of the enterprise, including payment of services destined to the transition for the conversion of production and to the certification of the organic product;
II - implementation of production and storage units for bio-inputs, including infrastructure costs and adequacy to organic legislation norms;
III - structuring and implementation of production and storage fields for seeds and seedlings of local, traditional, creole, and agroecological or organic varietal cultivars;
.………………………………………………………………………………………………...........……….” (NR)
Art. 10 The Section 18 (Transitional Norms) of Chapter 10 (Pronaf) of the MCR shall enter into force with the following alterations:
“10 - It is admitted, exceptionally, until December 30, 2024, that beneficiaries of the National Land Credit Program (PNCF), the National Agrarian Reform Program (PNRA), the Land Registry and Land Regularization Program (PCRF), indigenous and quilombola people, who suffered material losses resulting from extreme weather events that occurred in April and May 2024 in municipalities of the state of Rio Grande do Sul and who had a state of public calamity and emergency situation recognized by the federal government, may contract a new investment operation, observing the conditions of this line and the following additional conditions:
a) they have suffered losses or damages of, at least, 30% (thirty percent) of the value of the productive structure of their rural production unit;
b) they are in a situation of compliance, if they have other rural credit operations in progress;
c) they have not accessed the emergency credit line defined by Ordinance MF No. 835, of May 23, 2024;
d) credit limit for beneficiaries classified in Group "A": R$50,000.00 (fifty thousand reais) or, when the financing project includes the remuneration of technical assistance, R$52,500.00 (fifty-two thousand and five hundred reais), regardless of the limits provided for in item 2.1 of Table 2 of MCR 7-6, for the subprogram Credits for Beneficiaries of PNCF, PNRA, and PCRF and for Indigenous and Quilombola People.” (NR)
Art. 11 The following are revoked in Section 5 (Investment Credits – Pronaf Mais Alimentos) of Chapter 10 (Pronaf) of the MCR:
I - subsection “e” of item 1; and
II - item 5.
Art. 12 This Resolution enters into force on the date of its publication.
GABRIEL
MURICCA GALÍPOLO
Substitute President of the Central Bank of Brazil
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“in accordance with Art. 9 of Law No. 4.595, of December 31, 1964”
“3, § 3, of Law No. 11.326, of July 24, 2006”
“as provided for in Law No. 13.636, of March 20, 2018”
“4 and 14 of Law No. 4.829, of November 5, 1965”
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