MME Ordinance No. 825/2025: Public Consultation for New Regulation for Sustainable Mining Projects - Criteria for strategic mineral projects in the energy transition

MME Ordinance No. 825/2025, released for public consultation, establishes complementary criteria and conditions for the classification and monitoring of projects related to the transformation of strategic minerals aimed at the energy transition. This regulation supports Decree No. 11,964/2024 and is central to aligning investments with the guidelines of Law No. 12,431/2011 and Law No. 14,801/2024, focusing on aspects such as the issuance of securities and financing of sustainable projects. Recalling that, on March 27, 2024, Decree No. 11,964 was published, which establishes criteria and conditions for the classification and monitoring of investment projects considered as priorities in the area of infrastructure or economic production intensive in research, development and innovation, for the purpose of issuing debentures with tax benefits provided for in article 2 of Law No. 12,431, of June 24, 2011 (Incentivized Debentures), and in article 2 and following of Law No. 14,801, of January 9, 2024 (Infrastructure Debentures).

Regarding the eligibility criteria, projects must prioritize strategic minerals essential for clean energy technologies, such as lithium, nickel, graphite and cobalt, which are in high demand for batteries, solar panels and other essential components in decarbonization. The criteria include environmental and economic viability, the impact on emissions reduction and the potential for job creation and technological innovation.

The financial architecture will be through (i) Strategic Minerals Equity Investment Fund (FIP): Managed by BNDES, this fund will offer financial support to smaller companies and seeks to attract national and international investments. A significant multiplier impact is expected, increasing the volume of resources for sustainable mining projects (ii) Securities Issuance: Approved projects can access financing through incentivized debentures, with tax benefits for investors.

This ordinance seeks to consolidate Brazil as a relevant player in the supply of strategic minerals to the global market, while promoting more sustainable mining aligned with climate goals.

Criteria for strategic mineral projects in the energy transition