Rule · BCB · 29 Jun 2023 · Resolução CMN 5080
Financial institutions must register Pronaf programs in credit instruments, reclassifying resources only with Ministry of Finance authorization, and send contract/default data to the MDA. They must allocate 4.11% of financing to technical assistance for the first three years. For Pronaf Produtivo Orientado, institutions must provide mandatory technical assistance (R$4,500–6,000) for three years and submit semi-annual technical reports to the MDA.
The current text of the MCR is available at the following electronic address: www3.bcb.gov.br/mcr.
RESOLUTION
CMN No. 5,080, OF JUNE 29, 2023
Adjusts rules to be applied to rural credit operations contracted under the National Program for Strengthening Family Agriculture (Pronaf) effective July 3, 2023.
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 June 29, 2023, in accordance with Arts. 4, item VI, of Law No. 4,595, of 1964, 4 and 14 of Law No. 4,829, of November 5, 1965, 48, § 2, of Law No. 8,171, of January 17, 1991, 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 Manual of Rural Credit (MCR) shall enter into force with the following alterations:
“2 - ..................................................................................................................
a) .....................................................................................................................
.........................................................................................................................
V - when financed, their costs must be calculated in accordance with items 42, 43, 44, 45 and 46, except for the financings referred to in the Sections Credit for Beneficiaries of PNCF, PNRA and PCRF and for Indigenous Peoples and Quilombolas, Credit for Investment in Extrativist Exploitation Systems, Sociobiodiversity Products, Renewable Energy and Environmental Sustainability (Pronaf ABC+Bioeconomy) and Oriented Productive Investment Credit (Pronaf Oriented Productive), which have specific costs for technical assistance;
...............................................................................................................” (NR)
“4 - Financial institutions must register the name of the program in the credit instrument, being exempt from indicating the source of resources used in the financing, however, reclassification of the operation to a source of resources with a higher equalization cost is prohibited without the express authorization of the Ministry of Finance.” (NR)
“10 -
................................................................................................................
a) .....................................................................................................................
.........................................................................................................................
IV - the Section Credit for Beneficiaries of PNCF, PNRA and PCRF and for Indigenous Peoples and Quilombolas;
...............................................................................................................” (NR)
“14 - ................................................................................................................
.........................................................................................................................
c) those referred to in the following Sections of Chapter Programs with BNDES Resources, in financings for cooperatives:
I - Section Program for Capitalization of Agro-industrial Cooperatives (Procap-Agro);
II - Section Program for Cooperative Development for Value Addition to Agro-industrial Production (Prodecoop);
III - Section Program for Construction and Expansion of Warehouses (PCA);
d) those referred to in the Section Credit for Recovery of Damaged Coffee Plantations, of Chapter Defense Fund for the Coffee Economy (Funcafé).” (NR)
“22 - BNDES may transfer its own resources and those of FAT for operations under Pronaf equalized by the National Treasury (TN), within the limits and conditions established for equalization purposes by ordinance of the Ministry of Finance, to:
...............................................................................................................” (NR)
“30 - In investment credits backed by resources from FNO, FNE and FCO, formalized with family farmers classified under Pronaf, except for the lines referred to in the Sections Microcredit Rural Productive (Group “B”) and Credit for Beneficiaries of PNCF, PNRA and PCRF and for Indigenous Peoples and Quilombolas, the repayment term may be the same established for financings contracted outside Pronaf with resources from the respective Fund.” (NR)
“32 - The financial institution responsible for operations with risk of the Union, including with resources from FNO, FNE and FCO, must send data to the Ministry of Agrarian Development and Family Agriculture (MDA) regarding contracts and default in each credit line, in the manner established by said body.” (NR)
“34
a)
.....................................................................................................................
.........................................................................................................................
II
b)
.....................................................................................................................
I
II
“37 -
……………………………………………………………………………..…………………………….
a) ………………………………………………………………………………………………………..……...
I - that are included in the BNDES Computerized Manufacturer Accreditation List (CFI) and meet the parameters regarding minimum nationalization indices defined in BNDES regulations applicable to the Fund for Financing the Acquisition of Industrial Machines and Equipment (Finame), noting that tractors and tillers must have up to 80 HP (eighty horsepower) of power and that, in financings for equipment for photovoltaic energy generation for consumption on the agro-industrial production unit and for engines for vessels, the requirement to be included in the BNDES CFI list is waived;
II - that are not included in the Mais Alimentos Program list and the BNDES CFI list, up to the credit limit of R$20,000.00 (twenty thousand reais) per financed item;
III - whose plan, project or budget contains the BNDES CFI code referring to the item to be acquired and, when it concerns tractors, harvesters and self-propelled agricultural machines for spraying and fertilization, also contains the Mais Alimentos code;
………………………………………………………………………..……………………….........………...
V - when it concerns tractors, harvesters and self-propelled agricultural machines for spraying and fertilization, they must be included in the Mais Alimentos Program list, observing the minimum description and maximum value of each item;
b)
.....................................................................................................................
I
...............................................................................................................” (NR)
“38
-
................................................................................................................
a) can acquire cargo vehicles, motorized, electric or animal-drawn, suitable for rural conditions, including trucks, pickup trucks and motorcycles adapted to rural activity, which must be included in the Mais Alimentos Program list and the BNDES CFI list when it concerns trucks, observing the minimum description and maximum value of each item;
.........................................................................................................................
e) the plan, project or budget for the financing must contain the Mais Alimentos code and the BNDES CFI code referring to the item to be acquired, when it concerns trucks;
f)
......................................................................................................................
I
...............................................................................................................” (NR)
“41 - Agroecological-based production systems, or in transition to agroecological-based systems, within Pronaf, are defined according to norms established by MDA.” (NR)
Art. 2 The Section 2 (Beneficiaries) of Chapter 10 (Pronaf) of the MCR shall enter into force with the following alterations:
“3 -
..................................................................................................................
a) Group “A”: the beneficiaries mentioned below who have not contracted an investment operation under the Special Credit Program for Land Reform (Procera) or who have not yet contracted the limit of operations or credit value for investment for structuring within Pronaf referred to in MCR 10-3-2 and MCR 10-3-6:
I - settlers by the National Land Reform Program (PNRA);
II - from the National Land Credit Program (PNCF);
III - from the Land Registry and Land Regularization Program (PCRF);
IV - indigenous residents with enterprise located in homologated indigenous lands;
V - quilombola residents with enterprise located in quilombo certified by the Palmares Foundation;
b) Group “B”: beneficiaries whose annual gross family income, referred to in subsection “f” of item 1, is not higher than R$40,000.00 (forty thousand reais) and who do not hire permanent salaried labor;
c) Group “A/C”:
I - the beneficiaries referred to in items I, II and III of subsection “a” who have contracted the first operation in Group “A” and who have not contracted working capital financing, except in Group “A/C” itself;
II - the beneficiaries of items IV and V of subsection “a”;
d) the beneficiaries of Group “A” shall be classified, as the case may be, as beneficiaries referred to in items 1 or 2 of this Section or subsection “b” of this item to access other Pronaf rural credit operations, observing the conditions of each line:
I - after contracting the investment credit limits of Group “A”;
II - after contracting 3 (three) working capital operations of Group “A/C”. ” (NR)
“4 - An active DAP or valid CAF-Pronaf, as established by the Ministry of Agrarian Development and Family Agriculture (MDA), is required for the granting of financing under Pronaf, noting further that:
a) it must be issued by agents accredited by MDA;
...............................................................................................................” (NR)
Art. 3 The Section 3 (Credits for Beneficiaries of PNCF, PNRA and PCRF) of Chapter 10 (Pronaf) of the MCR shall be renamed “Credit for Beneficiaries of PNCF, PNRA and PCRF and for Indigenous Peoples and Quilombolas”.
Art. 4 The Section 3 (Credit for Beneficiaries of PNCF, PNRA and PCRF and for Indigenous Peoples and Quilombolas) of Chapter 10 (Pronaf) of the MCR shall enter into force with the following alterations:
“1 - The credits treated in this Section are exclusively intended for beneficiary families of the National Land Credit Program (PNCF), the National Land Reform Program (PNRA) and the Land Registry and Land Regularization Program (PCRF) and for indigenous residents with enterprise on homologated indigenous lands, quilombola residents with enterprise located in quilombo certified by the Palmares Foundation, with beneficiaries being classified in Groups "A" and "A/C" of the National Program for Strengthening Family Agriculture (Pronaf).” (NR)
“2 - ..................................................................................................................
.........................................................................................................................
b) financing for PNRA settlers, indigenous peoples and quilombolas is conditioned to:
I - proof, via technical assistance declaration, of the installation of the beneficiary family on the rural plot, or on the homologated indigenous land or certified quilombo, with habitual housing, water for human consumption and access route allowing commercialization of production;
.........................................................................................................................
III - beneficiaries participate in a marketing network for their production;
c) in the case of financing for indigenous peoples, prior consent of the leadership of the Indigenous Land where the enterprise will be carried out, and of the Local Technical Coordination or Regional Coordination of the National Indian Foundation (Funai), regarding the purpose of the credit, the area and location of the enterprise, must also be presented;
d) in the case of financing for quilombolas, prior consent of the quilombo association where the enterprise will be carried out, certified by the Palmares Foundation, must be presented.” (NR)
“3 - ..................................................................................................................
a) allocate 4.11% (four and eleven hundredths percent) of the total financing for payment of these services during, at least, the first 3 (three) years of project implementation;
...............................................................................................................” (NR)
“6 - ..................................................................................................................
a) the National Institute for Colonization and Land Reform (Incra) or State or Regional Technical Unit, with consent of the Ministry of Agrarian Development and Family Agriculture (MDA), must issue and provide to the financial institution a document that qualifies the new settler for credit, containing the identification of the credit proponent and the value of the evaluation of the assets and improvements that remained on the abandoned plot or lot;
...............................................................................................................” (NR)
Art. 5 The Section 4 (Working Capital Credits) of Chapter 10 (Pronaf) of the MCR shall enter into force with the following alterations:
“8 - Observing the provisions of MCR 2-5-1-A, working capital credit may include funds for:
a) maintenance of the beneficiary and their family;
b) acquisition of animals intended for production necessary for subsistence;
c) purchase of medicines, warm clothing, clothes and household utilities, construction or renovation of sanitary installations;
d) expenses for maintenance of network infrastructure, platforms and digital data management and connectivity solutions, when related to the financed activity;
e) other expenses indispensable to the well-being of the family.” (NR)
“10 - ................................................................................................................
.........................................................................................................................
c) the simple plan or technical project must contain a declaration by the responsible technician for its elaboration that the norms established by the Ministry of Agrarian Development and Family Agriculture (MDA) and other applicable legal and infra-legal norms have been observed.” (NR)
Art. 6 The Section 6 (Investment Credit for Income Aggregation – Pronaf Agroindustry) of Chapter 10 (Pronaf) of the MCR shall enter into force with the following alteration:
“3 - Cooperatives (singular or central) of family agriculture, referred to in § 4 of Art. 3 of Law No. 11,326, of 2006, are those that prove that, at least, 75% (seventy-five percent) of their active participants are Pronaf beneficiaries, proven by presenting a list with the number of active DAP or valid CAF-Pronaf of each cooperative member and that, at least, 55% (fifty-five percent) of the production to be benefited, processed or commercialized originates from cooperative members classified under Pronaf, and whose financing project proves these same percentages regarding the number of participants and the production to be benefited, processed or commercialized referring to the respective project.” (NR)
Art. 7 The Section 9 (Investment Credit for Women – Pronaf Mulher) of Chapter 10 (Pronaf) of the MCR shall enter into force with the following alterations:
“2 -
..................................................................................................................
.........................................................................................................................
b) upon presentation of the active Declaration of Aptitude to Pronaf (DAP) or the National Registry of Family Agriculture of the National Program for Strengthening Family Agriculture (CAF-Pronaf) valid, issued by the National Institute for Colonization and Land Reform (Incra) or State or Regional Technical Unit (UTE/UTR) of Land Credit, as the case may be, observing the norms defined by the Ministry of Agrarian Development and Family Agriculture (MDA).” (NR)
“3 - Women who are members of family production units classified in Groups “A”, “A/C” or “B” may, for the purposes of Pronaf Mulher, have access to the credit line intended for beneficiaries of Group "B", observing the specific conditions of the Section Microcredit Rural Productive (Group “B”), including regarding the source of resources and the risk of the operation, with the granting of subsequent financings conditioned to:
...............................................................................................................” (NR)
Art. 8 The Section 10 (Investment Credit for Youth – Pronaf Jovem) of Chapter 10 (Pronaf) of the MCR shall enter into force with the following alteration:
“1 -..................................................................................................................
a) .....................................................................................................................
.........................................................................................................................
III - have orientation and monitoring by a technical assistance and rural extension company recognized by the Ministry of Agrarian Development and Family Agriculture (MDA) and by the financial institution;
...............................................................................................................” (NR)
Art. 9 The Section 12 (Credit for Integration of Partnership Shares by Pronaf Cooperativated Beneficiaries – Pronaf Partnership Shares) of Chapter 10 (Pronaf) of the MCR shall enter into force with the following alteration:
“1 - ..................................................................................................................
a) .....................................................................................................................
I - agro-industrial production cooperatives that: have, at least, 75% (seventy-five percent) of their active partners classified as beneficiaries of the National Program for Strengthening Family Agriculture (Pronaf) and that, at least, 55% (fifty-five percent) of the production benefited, processed or commercialized originates from active partners who are Pronaf beneficiaries, with proof of these percentages to be made by presenting a written list with the number of the Declaration of Aptitude to Pronaf (DAP) or the National Registry of Family Agriculture of the National Program for Strengthening Family Agriculture (CAF-Pronaf) of each associate; have minimum net worth of R$25,000.00 (twenty-five thousand reais), at least one year of operation and present to the financial institution an active DAP legal person or Active Registration in the National Registry of Family Agriculture (RICAF), as defined by the Ministry of Agrarian Development and Family Agriculture (MDA); and comply with the provisions of the Section Integration of Partnership Shares of Chapter Credits to Agro-industrial Production Cooperatives, insofar as it does not conflict with the provisions of this Section;
...............................................................................................................” (NR)
Art. 10 The Section 13 (Microcredit Rural Productive – Group “B”) of Chapter 10 (Pronaf) of the MCR shall enter into force with the following alterations:
“1 - ..................................................................................................................
.........................................................................................................................
d) repayment: up to 3 (three) years for each financing;
...............................................................................................................” (NR)
“4 - The credit line referred to in this Section shall be operationalized by financial institutions in common agreement with the Ministry of Agrarian Development and Family Agriculture (MDA), regarding the establishment of state quotas for resource distribution, municipal contracting limits, default rate limits, for purposes of suspending operations in municipalities and criteria for resuming operations, among others.” (NR)
“7 - Financial institutions that carry out credit operations under Group “B” of Pronaf with resources from the Constitutional Financing Funds must send to the Secretariat of Family Agriculture and Agroecology (SAF) of the Ministry of Agrarian Development and Family Agriculture, to the Secretariat of Economic Policy (SPE) of the Ministry of Finance and to the Central Bank of Brazil, in January of each year, information defined by SAF and SPE regarding Group B and Pronaf Mulher credit operations whose credit was granted under Group “B” conditions.” (NR)
Art. 11 The Section 14 (Investment Credit for Agroecology – Pronaf ABC+ Agroecology) of Chapter 10 (Pronaf) of the MCR shall enter into force with the following alterations:
“1 - ……………………………………………………………………………………………………………..
a) …………………………………………………………………………………………………………......
I - agroecological-based production systems, or in transition to agroecological-based systems, according to norms established by the Ministry of Agrarian Development and Family Agriculture (MDA);
b) purposes:
financing of agroecological or organic systems, including costs related to the implementation and maintenance of the enterprise, including payment of services for the conversion of production and its certification;
.………………………………………………………………………………………………………….”
(NR)
Art. 12. Section 15
(Price Guarantee Program for Family Agriculture – PGPAF) of
Chapter 10 (Pronaf) of the MCR shall enter into force with the following amendments:
“1 -
……………………………………………………………………………………………………………..
………………………………………………………………………...……………………………………......
e) …………………………………………………………………………………………………………….....
.........................................................................................................................
IV - the National Supply Company (Conab) is responsible, within the scope of its competence, for carrying out the surveys provided for in items I and II and informing the Ministry of Agrarian Development and Family Agriculture (MDA), by the third business day of each month, of the monthly market prices of the previous month for each of the PGPAF products, as well as the percentages of the discount bonus to be granted by product and by State for the relevant month;
V - the MDA will inform the discount bonus percentages by product and by State to the financial institutions and to the National Treasury Secretariat (STN) by the fourth business day of each month, and will publish them monthly, by ordinance, in the Official Gazette of the Union;
...................................................................................................................”
(NR)
“4 -
……………………………………………………………………………………………………………..
………………………………………………………………………………………………...……………......
c) upon receipt of the spreadsheets referred to in item I of letter “a”, the STN shall express its opinion, within a period of up to 10 (ten) business days from the day following the date of receipt, regarding the conformity of the values presented by the financial institution, and may request, within this period, the necessary corrections, by electronic means, considering that the established period includes 5 (five) business days for the confirmation of the Pronaf Aptitude Declaration (DAP) or the National Register of Family Agriculture of the National Program for Strengthening Family Agriculture (CAF-Pronaf) of each beneficiary by the MDA, in accordance with item 6;
...................................................................................................................”
(NR)
“6 - For the payment of the economic subsidy related to the discount bonuses for price guarantee, the STN will request confirmation from the MDA of the DAP or CAF-Pronaf of each beneficiary, and active DAPs or valid CAF-Pronaf in the MDA's electronic system on the date of granting the discount bonus by the financial institution will be considered valid.” (NR)
“14 - The financial institution may only grant discount bonuses under the PGPAF for borrowers who, on the date of installment payment, have a valid DAP or valid CAF-Pronaf, electronically registered in the MDA's registration system, provided that the payment is made by its due date.” (NR)
Art.
13. Section 17 (Oriented Investment Productive Credit – Pronaf Produtivo Orientado) of Chapter 10 (Pronaf) of the MCR shall enter into force with the following amendments:
“1 - ……………………………………………………………………………………………………………..
…………………………………………………………………………………………………………............
b) …………………………………………………………………………………………………………….....
I - enable access to educational rural credit, in which the provision of resources will be combined with the provision of technical assistance, comprising planning, technical guidance for all productive activities, financial education, and supervision of the family production unit;
.........................................................................................................................
c)
.....................................................................................................................
I - the credit must be destined, primarily, to the implementation, construction, expansion, recovery, or modernization of infrastructure necessary for coexistence with the biome and productive diversification; and
.........................................................................................................................
d) technical assistance: mandatory and remunerated during the first 3 (three) years of the project with a total fixed value of R$4,500.00 (four thousand five hundred reais), this value may be increased to R$6,000.00 (six thousand reais) when technical assistance is provided to family production units in the North region;
e) .....................................................................................................................
I - the value of R$1,800.00 (one thousand eight hundred reais) in the North region or R$1,500.00 (one thousand five hundred reais) in the other regions will be paid upon contracting the operation;
II - the remaining value will be paid in 6 (six) equal and semi-annual installments, with the first of these to be paid 6 (six) months after contracting;
.………………………………………………………………………………………………………….”
(NR)
“3 - Financial institutions will send semi-annual technical reports to the Ministry of Agrarian Development and Family Agriculture detailing the financed enterprises and result indicators that allow monitoring and evaluation of the technical assistance provided.” (NR)
Art. 14. Section 18 (Transitional Norms) of Chapter 10 (Pronaf) of the MCR shall enter into force with the following amendment:
“5 - Exceptionally, up to June 30, 2025, financing of agricultural working capital credit operations under the conditions of Section 13 (Rural Productive Microcredit – Group “B”) of Pronaf is admitted, respecting the provisions of this Chapter and the following additional conditions:
a) observance of the recommendations and restrictions of the Climate Risk Agricultural Zoning (ZARC);
b) the granting of agricultural working capital credit will only be effective upon the beneficiary's adherence to the Family Agriculture Agricultural Activity Guarantee Program (Proagro Mais);
c) repayment: up to 2 (two) years for biennial crops and up to 1 (one) year for other crops;
d) the provisions of MCR 10-13-1-“e” do not apply;
e) the operation contracted under this item must be counted towards the credit limit with the right to an adherence bonus as referred to in letter “a” of the Additional Conditions column of the Investment Credit – Pronaf Rural Productive Microcredit – Group “B” (MCR 10-13) line of Table 2: Credit Limits for Financing under the National Program for Strengthening Family Agriculture (Pronaf), respecting the indebtedness limits referred to in MCR 10-1-34.” (NR)
Art. 15. The following are revoked in Section 1 (General Provisions) of Chapter 10 (Pronaf) of the MCR:
I - letters “e”, “f”, “g” and “h” of item 14;
II - letter “d” of item 15; and
III - letters “g” and “h” of item 27.
Art. 16. This Resolution enters into force:
I - on October 2, 2023, for item 5 introduced in MCR 10-18 by Art. 14 of this Resolution;
II - on July 3, 2023, for the remaining provisions of this Resolution.
Roberto de Oliveira Campos Neto
President of the Central Bank of Brazil
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“3, § 3, of Law No. 11,326, of July 24, 2006”
“48, § 2, of Law No. 8,171, of January 17, 1991”
“4 and 14 of Law No. 4,829, of November 5, 1965”
“in accordance with Art. 9 of Law No. 4,595, of December 31, 1964”
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