Resolution CMN No. 3814 — Conditions Agroindustrial Credit for Sugarcane Expansion on Agroecological Zoning and Prohibits Financing in Amazon, Pantanal, and Upper Paraguay Basin

RESOLUTION NO. 003814

Conditions Agroindustrial Credit for the Expansion of Sugarcane Production and Industrialization on the Agroecological Zoning and Prohibits Financing for the Expansion of Planting in the Amazon and Pantanal Biomes and the Upper Paraguay Basin, among other areas.

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 November 26, 2009, considering the provisions of Article 4, item VI, of Law No. 4,595 of 1964, and Article 3 of Decree No. 6,961 of September 17, 2009,

RESOLVES:

Art. 1. The granting of agroindustrial credit by financial institutions, when intended for the production or industrialization of sugarcane originating from new planting areas for the production of ethanol, other biofuels derived from sugarcane, and sugar, except brown sugar, shall observe the following:

I - it is restricted to areas indicated as suitable for the expansion of planting, as provided in the Agroecological Zoning of Sugarcane, established by Decree No. 6,961 of September 17, 2009, observing the provisions of the climatic risk agricultural zoning for this crop;

II - it is prohibited, if the financing is intended for new planting areas or for the expansion of existing ones as of October 28, 2009, in the following areas:

a) the Amazon and Pantanal Biomes and the Upper Paraguay Basin;

b) indigenous lands;

c) with a slope greater than 12% (twelve percent), or occupied with native vegetation or reforestation cover;

d) forest remnants, or in areas of environmental protection, dunes, mangroves, escarpments, and rock outcrops, urban, and mining areas.

Art. 2. The provisions of Art. 1 do not apply to the granting of agroindustrial credit for:

I - the production of sugarcane in areas occupied with this crop as of October 28, 2009, observing the provisions of the climatic risk agricultural zoning;

II - the financing of projects for the expansion of already licensed industrial production by the responsible environmental agency.

Art. 3. This resolution enters into force on the date of its publication.

Art. 4. Resolution No. 3,804 of October 28, 2009, is hereby revoked.

Brasília, November 26, 2009.

Henrique de Campos Meirelles
President