CMN Resolution No. 5158 — Establishes Transitional Rule for Social, Environmental and Climatic Impediments Due to Climate Catastrophe Impacts on Rural Environmental Registry in Rio Grande do Sul

Resolution No. 5158

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

CMN RESOLUTION NO. 5,158, OF JULY 24, 2024

Establishes a transitional rule applicable to social, environmental and climatic impediments, as provided for in MCR 2-9, due to the impacts of the climate catastrophe on the registration of information relating to the Rural Environmental Registry of properties located in the state of Rio Grande do Sul, and establishes rules for embargoes by environmental agencies for properties occupied by agrarian reform settlements or by peoples and traditional communities.

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 a session held on July 23, 2024, taking into account the provisions of art. 4, caput, item VI, of Law No. 4,595, of December 31, 1964, arts. 4 and 14 of Law No. 4,829, of November 5, 1965, arts. 48 and 49 of Law No. 8,171, of January 17, 1991, Decree No. 4,887, of November 20, 2003, art. 1-A of Law No. 12,651, of May 25, 2012, and art. 68 of the Transitional Constitutional Provisions Act,

R E S O L V E D:

Art. 1st Section 9 (Social, Environmental and Climatic Impediments) of Chapter 2 (Basic Conditions) of the Rural Credit Manual – MCR shall enter into force with the following changes:

“8 - Rural credit shall not be granted to an enterprise located on a rural property where there is an embargo by a competent federal or state environmental agency, according to the competencies provided for in arts. 7 and 8 of Complementary Law No. 140, of December 8, 2011, resulting from the economic use of illegally deforested areas on the rural property and provided that it is registered in the list of embargoes of the Environmental Infractions and Embargoes Registry of the Brazilian Institute of Environment and Renewable Natural Resources – Ibama.” (NR)

“8-A - On rural properties occupied by agrarian reform settlements or by peoples and traditional communities, the impediment referred to in item 8 shall not apply to the entire area of the rural property, but only to the embargoed area and to the proponent responsible for the embargo on the property, according to the Environmental Infractions and Embargoes Registry of Ibama.” (NR)

Art. 1st (Revoked, from 2/1/2025, by CMN Resolution No. 5,193, of 19/12/2024.)

Art. 2nd Section 11 (Transitional Rules) of Chapter 2 (Basic Conditions) of the MCR is hereby established, as per the annex.

Art. 3rd The following provisions of the MCR are hereby revoked:

I

• item 11, letter “c” of Section 1 (General Provisions) of Chapter 2; and

II

• items 8, letters “a” and “b” of Section 9 of Chapter 2.

Art. 4th This Resolution enters into force on August 30, 2024.

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

-------------------------------------------------------------------------------------------------------------------------------------------------------- TITLE :
RURAL CREDIT
CHAPTER :
Basic Conditions - 2
SECTION :
Transitional Rules - 11

1 - For the purpose of compliance with the provisions of MCR 2-9, area overlap checks for enterprises located in the state of Rio Grande do Sul whose contracting occurs between August 30, 2024, and December 31, 2024, must be performed solely based on the project polygon, in substitution for the overlap check on the rural property area, as provided for in MCR 2-9-11, observed that:

a) the Rural Environmental Registry (CAR) of the enterprise must refer to a rural property in the state of Rio Grande do Sul;

b) the area of the enterprise must coincide with the area of the respective CAR, even if only partially;

c) the exceptional treatment provided for in the caput does not apply to the restrictions provided for in MCR 2-9-2 and MCR 2-9-9;

d) the restriction on access to credit applies even if the overlap between the area of the enterprise and the area subject to the restriction is only partial.