EXPLANATORY NOTE
Petrobras is amending its report on Form 6-K furnished to the Securities and Exchange Commission on July 29, 2022 (File/Film Number: 001-15106 / 221118175) (the "Original 6-K") solely for the purpose of adding Exhibit 101, which contains Interactive Data File disclosure in accordance with Rule 405 of Regulation S-T. Except as described above, this amendment does not amend any information set forth in the Original 6-K.
Unaudited
Consolidated
Interim
Financial
Statements
As of June 30, 2022 and for the six-month periods ended June 30, 2022 and 2021 with report of independent registered public accounting firm
INDEX
PETROBRAS
UNAUDITED CONSOLIDATED STATEMENTS OF FINANCIAL POSITION | 3 |
UNAUDITED CONSOLIDATED STATEMENTS OF INCOME | 4 |
UNAUDITED CONSOLIDATED STATEMENTS OF COMPREHENSIVE INCOME | 5 |
UNAUDITED CONSOLIDATED STATEMENTS OF CASH FLOWS | 6 |
UNAUDITED CONSOLIDATED STATEMENTS OF CHANGES IN SHAREHOLDERS' EQUITY | 7 |
1.Basis of preparation | 8 |
2.Summary of significant accounting policies | 8 |
3.Cash and cash equivalents and Marketable securities | 8 |
4.Sales revenues | 9 |
5.Costs and expenses by nature | 10 |
6.Other income and expenses | 11 |
7.Net finance income (expense) | 11 |
8.Net income by operating segment | 12 |
9.Trade and other receivables | 16 |
10.Inventories | 17 |
11.Taxes | 18 |
12.Employee benefits | 20 |
13.Provisions for legal proceedings | 25 |
14.Provision for decommissioning costs | 29 |
15.Property, plant and equipment | 30 |
16.Intangible assets | 32 |
17.Impairment | 34 |
18.Exploration and evaluation of oil and gas reserves | 35 |
19.Collateral for crude oil exploration concession agreements | 35 |
20.Investments | 36 |
21.Assets by operating segment | 36 |
22.Disposal of assets and other changes in organizational structure | 37 |
23.Finance debt | 41 |
24.Lease liabilities | 43 |
25.Equity | 44 |
26.Fair value of financial assets and liabilities | 46 |
27.Risk management | 46 |
28.Related-party transactions | 51 |
29.Supplemental information on statement of cash flows | 53 |
30.Subsequent events | 53 |
Report of Independent Registered Public Accounting Firm | 56 |
2 |
UNAUDITED CONSOLIDATED STATEMENTS OF FINANCIAL POSITION
PETROBRAS
As of June 30, 2022 and December 31, 2021 (Expressed in millions of US Dollars, unless otherwise indicated)
Assets | Note | 06.30.2022 | 12.31.2021 | Liabilities | Note | 06.30.2022 | 12.31.2021 | |
Current assets | Current liabilities | |||||||
Cash and cash equivalents | 3.1 | 16,287 | 10,467 | Trade payables | 5,528 | 5,483 | ||
Marketable securities | 3.2 | 2,855 | 650 | Finance debt | 23.1 | 4,116 | 3,641 | |
Trade and other receivables | 9.1 | 5,048 | 6,368 | Lease liability | 24 | 5,224 | 5,432 | |
Inventories | 10 | 9,512 | 7,255 | Income taxes payable | 11.1 | 1,922 | 733 | |
Recoverable income taxes | 11.1 | 142 | 163 | Other taxes payable | 11.2 | 3,784 | 4,001 | |
Other recoverable taxes | 11.2 | 1,132 | 1,183 | Dividends payable | 25.2 | 4,633 | − | |
Others | 2,146 | 1,573 | Employee benefits | 12 | 2,007 | 2,144 | ||
37,122 | 27,659 | Others | 3,641 | 1,875 | ||||
30,855 | 23,309 | |||||||
Assets classified as held for sale | 22 | 5,792 | 2,490 | Liabilities related to assets classified as held for sale | 22 | 1,822 | 867 | |
42,914 | 30,149 | 32,677 | 24,176 | |||||
Non-current assets | Non-current liabilities | |||||||
Long-term receivables | Finance debt | 23.1 | 26,935 | 32,059 | ||||
Trade and other receivables | 9.1 | 1,981 | 1,900 | Lease liability | 24 | 17,302 | 17,611 | |
Marketable securities | 3.2 | 49 | 44 | Income taxes payable | 11.1 | 310 | 300 | |
Judicial deposits | 13.2 | 9,716 | 8,038 | Deferred income taxes | 11.1 | 6,895 | 1,229 | |
Deferred income taxes | 11.1 | 548 | 604 | Employee benefits | 12 | 8,861 | 9,374 | |
Other recoverable taxes | 11.2 | 3,648 | 3,261 | Provisions for legal proceedings | 13.1 | 2,468 | 2,018 | |
Others | 574 | 487 | Provision for decommissioning costs | 14 | 15,474 | 15,619 | ||
16,516 | 14,334 | Others | 2,081 | 2,150 | ||||
80,326 | 80,360 | |||||||
Total liabilities | 113,003 | 104,536 | ||||||
Equity | ||||||||
Investments | 20 | 1,717 | 1,510 | Share capital (net of share issuance costs) | 25.1 | 107,101 | 107,101 | |
Property, plant and equipment | 15 | 127,419 | 125,330 | Capital reserve and capital transactions | 1,144 | 1,143 | ||
Intangible assets | 16 | 3,254 | 3,025 | Profit reserves | 76,055 | 72,811 | ||
148,906 | 144,199 | Accumulated other comprehensive (deficit) | (105,922) | (111,648) | ||||
Attributable to the shareholders of Petrobras | 78,378 | 69,407 | ||||||
Non-controlling interests | 439 | 405 | ||||||
78,817 | 69,812 | |||||||
Total assets | 191,820 | 174,348 | Total liabilities and equity | 191,820 | 174,348 | |||
The notes form an integral part of these unaudited consolidated interim financial statements. |
3 |
UNAUDITED CONSOLIDATED STATEMENTS OF INCOME
PETROBRAS
Three and six-month periods ended June 30, 2022 and 2021 (Expressed in millions of US Dollars, unless otherwise indicated)
Note | Jan-Jun/2022 | Jan-Jun/2021 | Apr-Jun/2022 | Apr-Jun/2021 | |
Sales revenues | 4 | 61,892 | 36,680 | 34,703 | 20,982 |
Cost of sales | 5.1 | (28,019) | (17,849) | (15,240) | (10,158) |
Gross profit | 33,873 | 18,831 | 19,463 | 10,824 | |
Income (expenses) | |||||
Selling expenses | 5.2 | (2,425) | (2,034) | (1,247) | (1,086) |
General and administrative expenses | 5.3 | (622) | (533) | (323) | (260) |
Exploration costs | 18 | (123) | (405) | (44) | (191) |
Research and development expenses | (426) | (264) | (220) | (147) | |
Other taxes | (152) | (152) | (93) | (46) | |
Impairment of assets | 17 | (167) | (180) | (168) | (90) |
Other income and expenses | 6 | 1,867 | (393) | 2,189 | (109) |
(2,048) | (3,961) | 94 | (1,929) | ||
Income before net finance expense, results of equity-accounted investments and income taxes | 31,825 | 14,870 | 19,557 | 8,895 | |
Finance income | 881 | 328 | 619 | 206 | |
Finance expenses | (1,716) | (3,079) | (959) | (1,871) | |
Foreign exchange gains (losses) and inflation indexation charges | (1,767) | (869) | (2,858) | 3,684 | |
Net finance income (expense) | 7 | (2,602) | (3,620) | (3,198) | 2,019 |
Results of equity-accounted investments | 20 | 341 | 1,209 | (9) | 1,026 |
Net income before income taxes | 29,564 | 12,459 | 16,350 | 11,940 | |
Income taxes | 11.1 | (9,875) | (4,103) | (5,309) | (3,784) |
Net income for the period | 19,689 | 8,356 | 11,041 | 8,156 | |
Net income attributable to shareholders of Petrobras | 19,615 | 8,301 | 11,010 | 8,121 | |
Net income attributable to non-controlling interests | 74 | 55 | 31 | 35 | |
Basic and diluted earnings per common and preferred share - in U.S. dollars | 25.3 | 1.50 | 0.64 | 0.84 | 0.62 |
The notes form an integral part of these unaudited consolidated interim financial statements. |
4 |
UNAUDITED CONSOLIDATED STATEMENTS OF COMPREHENSIVE INCOME
PETROBRAS
Three and six-month periods ended June 30, 2022 and 2021 (Expressed in millions of US Dollars, unless otherwise indicated)
Jan-Jun/2022 | Jan-Jun/2021 | Apr-Jun/2022 | Apr-Jun/2021 | |
Net income for the period | 19,689 | 8,356 | 11,041 | 8,156 |
Items that will not be reclassified to the statement of income: | ||||
Actuarial losses on post-employment defined benefit plans | ||||
Recognized in equity | − | 1,719 | − | 1,722 |
Deferred income tax | − | (585) | − | (585) |
− | 1,134 | − | 1,137 | |
Items that may be reclassified subsequently to the statement of income: | ||||
Unrealized gains (losses) on cash flow hedge - highly probable future exports | ||||
Recognized in equity | 5,073 | 2,451 | (6,523) | 8,042 |
Reclassified to the statement of income | 2,488 | 2,307 | 1,108 | 1,194 |
Deferred income tax | (2,571) | (1,617) | 1,841 | (3,140) |
4,990 | 3,141 | (3,574) | 6,096 | |
Translation adjustments (*) | ||||
Recognized in equity | 614 | 869 | (4,283) | 1,682 |
Reclassified to the statement of income | − | 34 | − | − |
614 | 903 | (4,283) | 1,682 | |
Share of other comprehensive income in equity-accounted investments | ||||
Recognized in equity | 145 | 141 | (105) | 253 |
Other comprehensive income (loss) | 5,749 | 5,319 | (7,962) | 9,168 |
Total comprehensive income | 25,438 | 13,675 | 3,079 | 17,324 |
Comprehensive income attributable to shareholders of Petrobras | 25,341 | 13,651 | 3,102 | 17,299 |
Comprehensive income (loss) attributable to non-controlling interests | 97 | 24 | (23) | 25 |
(*) It includes cumulative translation adjustments in associates and joint ventures. | ||||
The notes form an integral part of these unaudited consolidated interim financial statements. |
5 |
UNAUDITED CONSOLIDATED STATEMENTS OF CASH FLOWS
PETROBRAS
Six-month periods ended June 30, 2022 and 2021 (Expressed in millions of US Dollars, unless otherwise indicated)
Note | Jan-Jun/2022 | Jan-Jun/2021 | |
Cash flows from operating activities | |||
Net income for the period | 19,689 | 8,356 | |
Adjustments for: | |||
Pension and medical benefits (actuarial expense) | 12 | 633 | 638 |
Results of equity-accounted investments | 20.2 | (341) | (1,209) |
Depreciation, depletion and amortization | 8 | 6,630 | 5,678 |
Impairment of assets (reversal) | 17 | 167 | 180 |
Inventory write-down (write-back) to net realizable value | 10 | 3 | (3) |
Allowance (reversals) for credit loss on trade and other receivables | 39 | (4) | |
Exploratory expenditure write-offs | 18 | 94 | 187 |
Disposal/write-offs of assets, remeasurement of investment retained with loss of control and reclassification of CTA | (846) | (71) | |
Foreign exchange, indexation and finance charges | 2,882 | 3,652 | |
Deferred income taxes, net | 11.1 | 1,989 | 3,883 |
Revision and unwinding of discount on the provision for decommissioning costs | 14 | 295 | 389 |
PIS and COFINS recovery - exclusion of ICMS (VAT tax) from the basis of calculation | (4) | (973) | |
Results from co-participation agreements in bid areas | 16 | (2,872) | − |
Early termination and cash outflows revision of lease agreements | (401) | (227) | |
Decrease (Increase) in assets | |||
Trade and other receivables | 57 | (735) | |
Inventories | (2,034) | (1,579) | |
Judicial deposits | (816) | (438) | |
Other assets | (652) | (182) | |
Increase (Decrease) in liabilities | |||
Trade payables | (141) | 340 | |
Other taxes payable | 6,905 | 2,463 | |
Pension and medical benefits | (1,689) | (1,663) | |
Provisions for legal proceedings | 336 | (35) | |
Short-term benefits | (366) | (228) | |
Provision for decommissioning costs | (278) | (325) | |
Other liabilities | 627 | 92 | |
Income taxes paid | (5,102) | (119) | |
Net cash provided by operating activities | 24, 804 | 18,067 | |
Cash flows from investing activities | |||
Acquisition of PP&E and intangible assets | (4,073) | (3,135) | |
Investments in investees | (19) | (11) | |
Proceeds from disposal of assets - Divestment | 3,378 | 502 | |
Financial compensation from co-participation agreements | 16 | 5,213 | − |
Divestment (Investment) in marketable securities | (2,108) | 91 | |
Dividends received | 242 | 200 | |
Net cash provided by (used in) investing activities | 2,633 | (2,353) | |
Cash flows from financing activities | |||
Changes in non-controlling interest | (17) | (14) | |
Proceeds from financing | 23.3 | 330 | 1,668 |
Repayment of principal - finance debt | 23.3 | (5,477) | (13,558) |
Repayment of interest - finance debt | 23.3 | (916) | (1,227) |
Repayment of lease liability | 24 | (2,682) | (2,899) |
Dividends paid to Shareholders of Petrobras | (12,429) | (1,848) | |
Dividends paid to non-controlling interests | (58) | (39) | |
Net cash used in financing activities | (21,249) | (17,917) | |
Effect of exchange rate changes on cash and cash equivalents | (374) | 300 | |
Net change in cash and cash equivalents | 5,814 | (1,903) | |
Cash and cash equivalents at the beginning of the period | 10,480 | 11,725 | |
Cash and cash equivalents at the end of the period | 16,294 | 9,822 | |
The notes form an integral part of these unaudited consolidated interim financial statements. | |||
6 |
UNAUDITED CONSOLIDATED STATEMENTS OF CHANGES IN SHAREHOLDERS' EQUITY
PETROBRAS
Six-month periods ended June 30, 2022 and 2021 (Expressed in millions of US Dollars, unless otherwise indicated)
Share capital (net of share issuance costs) | Accumulated other comprehensive income (deficit) and deemed cost | Profit Reserves | ||||||||||||||
Share Capital | Share issuance costs | Capital reserve, Capital Transactions and Treasury shares | Cumulative translation adjustments | Cash flow hedge - highly probable future exports | Actuarial gains (losses) on defined benefit pension plans | Other comprehensive income (loss) and deemed cost | Legal | Statutory | Tax incentives | Profit retention | Additional dividends proposed | Retained earnings (losses) | Equity attributable to shareholders of Petrobras | Non-controlling interests | Total consolidated equity | |
Balance at December 31, 2020 | 107,380 | (279) | 1,064 | (73,936) | (24,590) | (15,034) | (1,174) | 8,813 | 2,900 | 1,102 | 51,974 | 1,128 | − | 59,348 | 528 | 59,876 |
107,101 | 1,064 | (114,734) | 65,917 | − | 59,348 | 528 | 59,876 | |||||||||
Capital increase with reserves | − | − | − | − | − | − | − | − | − | − | − | − | − | − | 2 | 2 |
Capital transactions | − | − | (691) | − | − | − | − | − | − | − | − | − | − | (691) | 750 | 59 |
Net income | − | − | − | − | − | − | − | − | − | − | − | − | 8,301 | 8,301 | 55 | 8,356 |
Other comprehensive income (loss) | − | − | − | 934 | 3,141 | 1,134 | 141 | − | − | − | − | − | − | 5,350 | (31) | 5,319 |
Appropriations: | ||||||||||||||||
Dividends | − | − | − | − | − | − | − | − | − | − | − | (1,128) | − | (1,128) | (37) | (1,165) |
Balance at June 30, 2021 | 107,380 | (279) | 373 | (73,002) | (21,449) | (13,900) | (1,033) | 8,813 | 2,900 | 1,102 | 51,974 | − | 8,301 | 71,180 | 1,267 | 72,447 |
107,101 | 373 | (109,384) | 64,789 | 8,301 | 71,180 | 1,267 | 72,447 | |||||||||
Balance at December 31, 2021 | 107,380 | (279) | 1,143 | (75,122) | (24,169) | (11,205) | (1,152) | 9,769 | 3,084 | 1,220 | 52,050 | 6,688 | − | 69,407 | 405 | 69,812 |
107,101 | 1,143 | (111,648) | 72,811 | − | 69,407 | 405 | 69,812 | |||||||||
Capital transactions | − | − | 1 | − | − | − | − | − | − | − | − | − | − | 1 | (18) | (17) |
Net income | − | − | − | − | − | − | − | − | − | − | − | − | 19,615 | 19,615 | 74 | 19,689 |
Other comprehensive income | − | − | − | 591 | 4,990 | − | 145 | − | − | − | − | − | − | 5,726 | 23 | 5,749 |
Appropriations: | ||||||||||||||||
Dividends | − | − | − | − | − | − | − | − | − | − | (1,503) | (6,688) | (8,180) | (16,371) | (45) | (16,416) |
Balance at June 30, 2022 | 107,380 | (279) | 1,144 | (74,531) | (19,179) | (11,205) | (1,007) | 9,769 | 3,084 | 1,220 | 50,547 | − | 11,435 | 78,378 | 439 | 78,817 |
107,101 | 1,144 | (105,922) | 64,620 | 11,435 | 78,378 | 439 | 78,817 | |||||||||
The notes form an integral part of these unaudited consolidated interim financial statements. |
7 |
NOTES TO THE UNAUDITED CONSOLIDATED INTERIM FINANCIAL STATEMENTS PETROBRAS (Expressed in millions of US Dollars, unless otherwise indicated) |
1. | Basis of preparation |
1.1. | Statement of compliance and authorization of unaudited consolidated interim financial statements |
These unaudited consolidated interim financial statements of Petróleo Brasileiro S.A. ("Petrobras" or "Company") have been prepared and presented in accordance with IAS 34 - "Interim Financial Reporting" as issued by the International Accounting Standards Board (IASB). They present the significant changes in the period, avoiding repetition of certain notes to the annual consolidated financial statements previously reported. Hence, they should be read together with the Company's audited annual consolidated financial statements for the year ended December 31, 2021, which include the full set of notes (2021 Financial Statements).
These unaudited consolidated interim financial statements were approved and authorized for issue by the Company's Board of Directors in a meeting held on July 28, 2022.
2. | Summary of significant accounting policies |
The accounting policies and methods of computation followed in these unaudited consolidated interim financial statements are the same as those followed in the preparation of the annual financial statements of the Company for the year ended December 31, 2021.
The IFRS standards that became effective on January 1, 2022 resulted in no material effects on these unaudited consolidated interim financial statements.
Regarding the Interest Rate Benchmark Reform (IBOR Reform), in order to prepare for the transition to alternative reference rates, the Company continues to monitor the pronouncements of regulatory authorities, aimed at adapting its financial instruments to the new benchmark. The Company has debts indexed to Libor (London Interbank Offered Rate), corresponding to 33.7% of total finance debt (see note 23.4).
3. | Cash and cash equivalents and Marketable securities |
3.1. | Cash and cash equivalents |
They include cash, available bank deposits and short-term financial investments with high liquidity, which meet the definition of cash and cash equivalents.
06.30.2022 | 12.31.2021 | |
Cash at bank and in hand | 231 | 299 |
Short-term financial investments | ||
- In Brazil | ||
Brazilian interbank deposit rate investment funds and other short-term deposits | 6,072 | 1,951 |
Other investment funds | 205 | 163 |
6,277 | 2,114 | |
- Abroad | ||
Time deposits | 6,195 | 4,310 |
Automatic investing accounts and interest checking accounts | 3,555 | 3,732 |
Other financial investments | 29 | 12 |
9,779 | 8,054 | |
Total short-term financial investments | 16,056 | 10,168 |
Total cash and cash equivalents | 16,287 | 10,467 |
Short-term financial investments in Brazil primarily consist of investments in funds holding Brazilian Federal Government Bonds that can be redeemed immediately, as well as reverse repurchase agreements that mature within three months as of the date of their acquisition. Short-term financial investments abroad comprise time deposits that mature in three months or less from the date of their acquisition, highly-liquid automatic investment accounts, interest checking accounts and other short-term fixed income instruments.
8 |
NOTES TO THE UNAUDITED CONSOLIDATED INTERIM FINANCIAL STATEMENTS PETROBRAS (Expressed in millions of US Dollars, unless otherwise indicated) |
3.2. | Marketable securities |
06.30.2022 | 12.31.2021 | |
Fair value through profit or loss | 622 | 650 |
Amortized cost | 2,282 | 44 |
Total | 2,904 | 694 |
Current | 2,855 | 650 |
Non-current | 49 | 44 |
Marketable securities classified as fair value through profit or loss refer mainly to investments in Brazilian Federal Government Bonds. These financial investments have maturities of more than three months and are generally classified as current assets due to their maturity or the expectation of their realization in the short term. Securities classified as amortized cost refer to investments abroad in time deposits with maturities exceeding three months from the contracting date and investments in floating-rate Bank Deposit Certificates (CDB) with daily liquidity, with maturity of one year.
4. | Sales revenues |
Jan-Jun/2022 | Jan-Jun/2021 | Apr-Jun/2022 | Apr-Jun/2021 | |
Diesel | 18,164 | 10,647 | 10,681 | 6,069 |
Gasoline | 8,034 | 4,765 | 4,309 | 2,743 |
Liquefied petroleum gas | 2,623 | 2,036 | 1,437 | 1,120 |
Jet fuel | 2,391 | 827 | 1,400 | 401 |
Naphtha | 1,335 | 693 | 724 | 362 |
Fuel oil (including bunker fuel) | 718 | 723 | 352 | 388 |
Other oil products | 2,890 | 1,883 | 1,615 | 1,005 |
Subtotal oil products | 36,155 | 21,574 | 20,518 | 12,088 |
Natural gas | 3,684 | 2,370 | 1,961 | 1,333 |
Oil | 4,443 | 53 | 2,682 | − |
Renewables and nitrogen products | 161 | 22 | 95 | 9 |
Breakage | 274 | 161 | 170 | 94 |
Electricity | 402 | 1,134 | 109 | 591 |
Services, agency and others | 545 | 331 | 307 | 170 |
Domestic market | 45,664 | 25,645 | 25,842 | 14,285 |
Exports | 14,924 | 10,496 | 8,189 | 6,359 |
Oil | 10,404 | 7,512 | 5,593 | 4,711 |
Fuel oil (including bunker fuel) | 4,161 | 2,455 | 2,276 | 1,254 |
Other oil products | 358 | 529 | 320 | 394 |
Sales abroad (*) | 1,305 | 539 | 672 | 338 |
Foreign market | 16,228 | 11,035 | 8,861 | 6,697 |
Sales revenues (**) | 61,892 | 36,680 | 34,703 | 20,982 |
(*) Sales revenues from operations outside of Brazil, including trading and excluding exports. | ||||
(**) Sales revenues by business segment are set out in note 8. |
In the six-month periods ended June 30, 2022 and 2021, sales to Vibra Energia (formerly BR Distribuidora) represented more than 10% of the Company's sales revenues, mainly associated with the refining, transportation and marketing segment.
5. | Costs and expenses by nature |
5.1. | Cost of sales |
Jan-Jun/2022 | Jan-Jun/2021 | Apr-Jun/2022 | Apr-Jun/2021 | |
Raw material, products for resale, materials and third-party services (*) | (13,769) | (7,610) | (8,008) | (4,950) |
Depreciation, depletion and amortization | (5,344) | (4,404) | (2,782) | (2,165) |
Production taxes | (8,093) | (4,984) | (4,029) | (2,630) |
Employee compensation | (813) | (851) | (421) | (413) |
Total | (28,019) | (17,849) | (15,240) | (10,158) |
(*) It Includes short-term leases and inventory turnover. |
9 |
NOTES TO THE UNAUDITED CONSOLIDATED INTERIM FINANCIAL STATEMENTS PETROBRAS (Expressed in millions of US Dollars, unless otherwise indicated) |
5.2. | Selling expenses |
Jan-Jun/2022 | Jan-Jun/2021 | Apr-Jun/2022 | Apr-Jun/2021 | |
Materials, third-party services, freight, rent and other related costs | (1,948) | (1,709) | (1,000) | (925) |
Depreciation, depletion and amortization | (417) | (289) | (217) | (140) |
Allowance for expected credit losses | (14) | 6 | (6) | 1 |
Employee compensation | (46) | (42) | (24) | (22) |
Total | (2,425) | (2,034) | (1,247) | (1,086) |
5.3. | General and administrative expenses |
Jan-Jun/2022 | Jan-Jun/2021 | Apr-Jun/2022 | Apr-Jun/2021 | |
Employee compensation | (414) | (376) | (216) | (191) |
Materials, third-party services, rent and other related costs | (161) | (112) | (83) | (48) |
Depreciation, depletion and amortization | (47) | (45) | (24) | (21) |
Total | (622) | (533) | (323) | (260) |
6. | Other income and expenses |
Jan-Jun/2022 | Jan-Jun/2021 | Apr-Jun/2022 | Apr-Jun/2021 | |
Unscheduled stoppages and pre-operating expenses | (889) | (651) | (513) | (351) |
Gains (losses) with legal, administrative and arbitration proceedings | (557) | (275) | (298) | (326) |
Pension and medical benefits - retirees | (491) | (439) | (253) | (221) |
Performance award program | (247) | (195) | (129) | (101) |
Losses with commodities derivatives | (222) | (42) | (169) | (19) |
Profit sharing | (65) | (58) | (34) | (30) |
Losses on decommissioning of returned/abandoned areas | (27) | (7) | (3) | (1) |
Equalization of expenses - Production Individualization Agreements | (9) | (52) | (37) | (9) |
Amounts recovered from Lava Jato investigation (**) | 12 | 196 | - | 55 |
Recovery of taxes (*) | 41 | 506 | 24 | 485 |
Fines imposed on suppliers | 116 | 77 | 48 | 48 |
Reimbursements from E&P partnership operations | 154 | 291 | 127 | 191 |
Early termination and changes to cash flow estimates of leases | 401 | 226 | 176 | 157 |
Results on disposal/write-offs of assets and on remeasurement of investment retained with loss of control | 846 | 104 | 370 | 56 |
Results from co-participation agreements in bid areas (***) | 2,872 | - | 2,872 | - |
Reclassification of comprehensive income (loss) due to the disposal of equity-accounted investments | - | (33) | - | - |
Others | (68) | (41) | 8 | (43) |
Total | 1,867 | (393) | 2,189 | (109) |
(*) | In the three and six-month periods ended June 30, 2021, it Includes the effects of the exclusion of ICMS (VAT tax) from the basis of calculation of sales taxes PIS and COFINS, except for the effects of inflation indexation. |
(**) | The total amount recovered from Lava Jato Investigation through December 31, 2021 was US$ 1,522, recognized through collaboration and leniency agreements entered into with individuals and legal entities. |
(***) | It refers to the gain related to the Co-participation Agreement of Atapu and Sépia (see note 16.2). |
10 |
NOTES TO THE UNAUDITED CONSOLIDATED INTERIM FINANCIAL STATEMENTS PETROBRAS (Expressed in millions of US Dollars, unless otherwise indicated) |
7. | Net finance income (expense) |
Jan-Jun/2022 | Jan-Jun/2021 | Apr-Jun/2022 | Apr-Jun/2021 | |
Finance income | 881 | 328 | 619 | 206 |
Income from investments and marketable securities (Government Bonds) | 532 | 74 | 369 | 45 |
Other income, net | 349 | 254 | 250 | 161 |
Finance expenses | (1,716) | (3,079) | (959) | (1,871) |
Interest on finance debt | (1,223) | (1,656) | (693) | (904) |
Unwinding of discount on lease liabilities | (624) | (592) | (334) | (297) |
Discount and premium on repurchase of debt securities | (110) | (849) | (84) | (666) |
Capitalized borrowing costs | 535 | 478 | 297 | 266 |
Unwinding of discount on the provision for decommissioning costs | (267) | (384) | (137) | (195) |
Other finance expenses , net | (27) | (76) | (8) | (75) |
Foreign exchange gains (losses) and indexation charges | (1,767) | (869) | (2,858) | 3,684 |
Foreign exchange gains (losses) (*) | 781 | 1,001 | (1,640) | 4,443 |
Reclassification of hedge accounting to the Statement of Income (*) | (2,488) | (2,307) | (1,108) | (1,194) |
Recoverable taxes inflation indexation income (**) | 45 | 474 | 24 | 461 |
Other foreign exchange gains (losses) and indexation charges, net | (105) | (37) | (134) | (26) |
Total | (2,602) | (3,620) | (3,198) | 2,019 |
(*) | For more information, see notes 27.3a and 27.3c. |
(**) | In 2021, includes PIS and Cofins inflation indexation income related to the exclusion of ICMS (VAT tax) from the basis of calculation. |
8. | Net income by operating segment |
Consolidated Statement of Income by operating segment |
Apr-Jun/2022 | ||||||
Exploration and Production (E&P) | Refining, Transportation & Marketing (RT&M) | Gas & Power (G&P) | Corporate and other business | Eliminations | Total | |
Sales revenues | 21,940 | 31,956 | 3,734 | 150 | (23,077) | 34,703 |
Intersegments | 21,572 | 498 | 1,009 | (2) | (23,077) | − |
Third parties | 368 | 31,458 | 2,725 | 152 | - | 34,703 |
Cost of sales | (8,176) | (26,787) | (2,366) | (147) | 22,236 | (15,240) |
Gross profit (loss) | 13,764 | 5,169 | 1,368 | 3 | (841) | 19,463 |
Income (expenses) | 2,519 | (843) | (816) | (763) | (3) | 94 |
Selling | (3) | (461) | (776) | (4) | (3) | (1,247) |
General and administrative | (12) | (42) | (18) | (251) | - | (323) |
Exploration costs | (44) | - | - | - | - | (44) |
Research and development | (192) | (3) | - | (25) | - | (220) |
Other taxes | (24) | (18) | (9) | (42) | - | (93) |
Impairment of assets | (124) | (44) | - | - | - | (168) |
Other income and expenses | 2,918 | (275) | (13) | (441) | - | 2,189 |
Income (loss) before net finance income (expense), results of equity-accounted investments and income taxes | 16,283 | 4,326 | 552 | (760) | (844) | 19,557 |
Net finance income (expense) | - | - | - | (3,198) | - | (3,198) |
Results in equity-accounted investments | 57 | (95) | 30 | (1) | - | (9) |
Net income / (loss) before income taxes | 16,340 | 4,231 | 582 | (3,959) | (844) | 16,350 |
Income taxes | (5,538) | (1,470) | (188) | 1,599 | 288 | (5,309) |
Net income (loss) for the period | 10,802 | 2,761 | 394 | (2,360) | (556) | 11,041 |
Attributable to: | ||||||
Shareholders of Petrobras | 10,803 | 2,761 | 368 | (2,366) | (556) | 11,010 |
Non-controlling interests | (1) | − | 26 | 6 | − | 31 |
11 |
NOTES TO THE UNAUDITED CONSOLIDATED INTERIM FINANCIAL STATEMENTS PETROBRAS (Expressed in millions of US Dollars, unless otherwise indicated) |
Consolidated Statement of Income by operating segment |
Jan-Jun/2022 | ||||||
Exploration and Production (E&P) | Refining, Transportation & Marketing (RT&M) | Gas & Power (G&P) | Corporate and other business | Eliminations | Total | |
Sales revenues | 41,624 | 56,641 | 7,099 | 276 | (43,748) | 61,892 |
Intersegments | 40,946 | 931 | 1,870 | 1 | (43,748) | − |
Third parties | 678 | 55,710 | 5,229 | 275 | - | 61,892 |
Cost of sales | (15,852) | (48,334) | (5,251) | (272) | 41,690 | (28,019) |
Gross profit (loss) | 25,772 | 8,307 | 1,848 | 4 | (2,058) | 33,873 |
Income (expenses) | 2,486 | (1,380) | (1,705) | (1,442) | (7) | (2,048) |
Selling | (5) | (869) | (1,537) | (7) | (7) | (2,425) |
General and administrative | (24) | (79) | (34) | (485) | - | (622) |
Exploration costs | (123) | - | - | - | - | (123) |
Research and development | (365) | (6) | (3) | (52) | - | (426) |
Other taxes | (39) | (25) | (19) | (69) | - | (152) |
Impairment of assets | (123) | (44) | 1 | (1) | - | (167) |
Other income and expenses | 3,165 | (357) | (113) | (828) | - | 1,867 |
Income (loss) before net finance income (expense), results of equity-accounted investments and income taxes | 28,258 | 6,927 | 143 | (1,438) | (2,065) | 31,825 |
Net finance income (expense) | - | - | - | (2,602) | - | (2,602) |
Results in equity-accounted investments | 108 | 176 | 59 | (2) | - | 341 |
Net income / (loss) before income taxes | 28,366 | 7,103 | 202 | (4,042) | (2,065) | 29,564 |
Income taxes | (9,610) | (2,355) | (49) | 1,435 | 704 | (9,875) |
Net income (loss) for the period | 18,756 | 4,748 | 153 | (2,607) | (1,361) | 19,689 |
Attributable to: | ||||||
Shareholders of Petrobras | 18,758 | 4,748 | 101 | (2,631) | (1,361) | 19,615 |
Non-controlling interests | (2) | - | 52 | 24 | - | 74 |
12 |
NOTES TO THE UNAUDITED CONSOLIDATED INTERIM FINANCIAL STATEMENTS PETROBRAS (Expressed in millions of US Dollars, unless otherwise indicated) |
Consolidated Statement of Income by operating segment |
Apr-Jun/2021 | ||||||
Exploration and Production (E&P) | Refining, Transportation & Marketing (RT&M) | Gas & Power (G&P) | Corporate and other business | Eliminations | Total | |
Sales revenues | 13,509 | 19,007 | 2,654 | 116 | (14,304) | 20,982 |
Intersegments | 13,271 | 338 | 633 | 62 | (14,304) | − |
Third parties | 238 | 18,669 | 2,021 | 54 | - | 20,982 |
Cost of sales | (5,606) | (16,737) | (1,660) | (114) | 13,959 | (10,158) |
Gross profit (loss) | 7,903 | 2,270 | 994 | 2 | (345) | 10,824 |
Income (expenses) | (457) | (523) | (665) | (278) | (6) | (1,929) |
Selling | (5) | (403) | (669) | (3) | (6) | (1,086) |
General and administrative | (28) | (39) | (16) | (177) | - | (260) |
Exploration costs | (191) | - | - | - | - | (191) |
Research and development | (106) | (3) | (12) | (26) | - | (147) |
Other taxes | (23) | (24) | (24) | 25 | - | (46) |
Impairment of assets | (7) | - | (79) | (4) | - | (90) |
Other income and expenses | (97) | (54) | 135 | (93) | - | (109) |
Income (loss) before net finance income (expense), results of equity-accounted investments and income taxes | 7,446 | 1,747 | 329 | (276) | (351) | 8,895 |
Net finance income (expense) | - | - | - | 2,019 | - | 2,019 |
Results in equity-accounted investments | 33 | 520 | 33 | 440 | - | 1,026 |
Net income / (loss) before income taxes | 7,479 | 2,267 | 362 | 2,183 | (351) | 11,940 |
Income taxes | (2,531) | (595) | (111) | (666) | 119 | (3,784) |
Net income (loss) for the period | 4,948 | 1,672 | 251 | 1,517 | (232) | 8,156 |
Attributable to: | ||||||
Shareholders of Petrobras | 4,949 | 1,672 | 226 | 1,506 | (232) | 8,121 |
Non-controlling interests | (1) | - | 25 | 11 | - | 35 |
13 |
NOTES TO THE UNAUDITED CONSOLIDATED INTERIM FINANCIAL STATEMENTS PETROBRAS (Expressed in millions of US Dollars, unless otherwise indicated) |
Jan-Jun/2021 | ||||||
Exploration and Production (E&P) | Refining, Transportation & Marketing (RT&M) | Gas & Power (G&P) | Corporate and other business | Eliminations | Total | |
Sales revenues | 25,175 | 32,980 | 4,862 | 271 | (26,608) | 36,680 |
Intersegments | 24,724 | 573 | 1,185 | 126 | (26,608) | − |
Third parties | 451 | 32,407 | 3,677 | 145 | - | 36,680 |
Cost of sales | (10,840) | (28,574) | (2,992) | (264) | 24,821 | (17,849) |
Gross profit (loss) | 14,335 | 4,406 | 1,870 | 7 | (1,787) | 18,831 |
Income (expenses) | (979) | (921) | (1,411) | (638) | (12) | (3,961) |
Selling | (5) | (738) | (1,272) | (7) | (12) | (2,034) |
General and administrative | (60) | (71) | (33) | (369) | - | (533) |
Exploration costs | (405) | - | - | - | - | (405) |
Research and development | (191) | (6) | (17) | (50) | - | (264) |
Other taxes | (41) | (63) | (47) | (1) | - | (152) |
Impairment of assets | (102) | - | (79) | 1 | - | (180) |
Other income and expenses | (175) | (43) | 37 | (212) | - | (393) |
Income (loss) before net finance income (expense), results of equity-accounted investments and income taxes | 13,356 | 3,485 | 459 | (631) | (1,799) | 14,870 |
Net finance income (expense) | - | - | - | (3,620) | - | (3,620) |
Results in equity-accounted investments | 56 | 628 | 73 | 452 | - | 1,209 |
Net income / (loss) before income taxes | 13,412 | 4,113 | 532 | (3,799) | (1,799) | 12,459 |
Income taxes | (4,541) | (1,185) | (156) | 1,167 | 612 | (4,103) |
Net income (loss) for the period | 8,871 | 2,928 | 376 | (2,632) | (1,187) | 8,356 |
Attributable to: | ||||||
Shareholders of Petrobras | 8,873 | 2,928 | 330 | (2,643) | (1,187) | 8,301 |
Non-controlling interests | (2) | - | 46 | 11 | - | 55 |
14 |
NOTES TO THE UNAUDITED CONSOLIDATED INTERIM FINANCIAL STATEMENTS PETROBRAS (Expressed in millions of US Dollars, unless otherwise indicated) |
The amount of depreciation, depletion and amortization by segment is set forth as follows:
Exploration and Production (E&P) | Refining, Transportation & Marketing (RT&M) | Gas & Power (G&P) | Corporate and other business | Total | |
Jan-Jun/2022 | 5,258 | 1,114 | 207 | 51 | 6,630 |
Jan-Jun/2021 | 4,307 | 1,072 | 213 | 86 | 5,678 |
Exploration and Production (E&P) | Refining, Transportation & Marketing (RT&M) | Gas & Power (G&P) | Corporate and other business | Total | |
Apr-Jun/2022 | 2,788 | 542 | 99 | 31 | 3,460 |
Apr-Jun/2021 | 2,137 | 532 | 107 | 46 | 2,822 |
9. | Trade and other receivables |
9.1. | Trade and other receivables |
06.30.2022 | 12.31.2021 | |
Receivables from contracts with customers | ||
Third parties | 5,425 | 4,839 |
Related parties | ||
Investees (note 28.1) | 303 | 385 |
Subtotal | 5,728 | 5,224 |
Other trade receivables | ||
Third parties | ||
Receivables from divestments (*) | 1,075 | 2,679 |
Lease receivables | 417 | 435 |
Other receivables | 739 | 872 |
Related parties | ||
Petroleum and alcohol accounts - receivables from Brazilian Federal Government | 582 | 506 |
Subtotal | 2,813 | 4,492 |
Total trade and other receivables, before ECL | 8,541 | 9,716 |
Expected credit losses (ECL) - Third parties | (1,503) | (1,428) |
Expected credit losses (ECL) - Related parties | (9) | (20) |
Total trade and other receivables | 7,029 | 8,268 |
Current | 5,048 | 6,368 |
Non-current | 1,981 | 1,900 |
(*) At June 30, 2022, it mainly refers to the receivables from the divestments of Rio Ventura, Roncador, Baúna, Miranga, Maromba, Pampo and Enchova, Sépia and Atapu fields. |
Trade and other receivables are generally classified as measured at amortized cost, except for receivables with final prices linked to changes in commodity price after their transfer of control, which are classified as measured at fair value through profit or loss, amounting to US$ 775as of June 30, 2022 (US$ 1,155as of December 31, 2021).
The change in Receivable from divestments was mainly due to the receipt of US$ 950 related to the final installment for the sale of block BM-S-8, and to the receipt of US$ 1,000, related to the final installment for the sale of the Company's 90% interest in Nova Transportadora do Sudeste (NTS), partially offset by other receivables from divestments recorded in the period, such as from the Atapu and Sépia Co-participation Agreement (US$ 129) and from Pampo and Enchova fields (US$ 124).
15 |
NOTES TO THE UNAUDITED CONSOLIDATED INTERIM FINANCIAL STATEMENTS PETROBRAS (Expressed in millions of US Dollars, unless otherwise indicated) |
9.2. | Aging of trade and other receivables - third parties |
06.30.2022 | 12.31.2021 | |||
Trade and other receivables | Expected credit losses | Trade and other receivables | Expected credit losses | |
Current | 5,895 | (78) | 7,059 | (77) |
Overdue: | ||||
1-90 days | 186 | (34) | 218 | (26) |
91-180 days | 24 | (23) | 40 | (6) |
181-365 days | 22 | (18) | 51 | (29) |
More than 365 days | 1,529 | (1,350) | 1,457 | (1,290) |
Total | 7,656 | (1,503) | 8,825 | (1,428) |
9.3. | Changes in provision for expected credit losses |
2022 Jan-Jun | 2021 Jan-Jun | |
Opening balance | 1,448 | 1,596 |
Additions | 72 | 42 |
Write-offs | (21) | - |
Reversals | (38) | (75) |
Cumulative translation adjustment | 51 | 30 |
Closing balance | 1,512 | 1,593 |
Current | 190 | 199 |
Non-current | 1,322 | 1,394 |
10. | Inventories |
06.30.2022 | 12.31.2021 | |
Crude oil | 3,985 | 3,048 |
Oil products | 3,252 | 2,495 |
Intermediate products | 634 | 532 |
Natural gas and Liquefied Natural Gas (LNG) | 617 | 349 |
Biofuels | 23 | 19 |
Fertilizers | 2 | 8 |
Total products | 8,513 | 6,451 |
Materials, supplies and others (*) | 999 | 804 |
Total | 9,512 | 7,255 |
(*) It mainly comprises production supplies and operating materials used in the operations of the Company, stated at the average purchase cost, not exceeding replacement cost. |
In the six-month period ended June 30, 2022, the Company recognized a US$ 3loss within cost of sales, adjusting inventories to net realizable value (a US$ 3reversal of cost of sales in the six-month period ended June 30, 2021) primarily due to changes in international prices of crude oil and oil products.
At June 30, 2022, the Company had pledged crude oil and oil products volumes as collateral for the Term of Financial Commitment (TFC) signed by Petrobras and Petros in 2008, amounting to US$ 3,213. This pledged amount is under assessment, due to the partial early settlement of the TFC relating to the Pension Difference and TFC Pre-70, made in February 2022. The Company expects the balance of the collateral to reach the balance of the financial commitment, which at June 30, 2022 is US$ 1,103, in compliance with what is provided for in the agreement for the TFC.
16 |
NOTES TO THE UNAUDITED CONSOLIDATED INTERIM FINANCIAL STATEMENTS PETROBRAS (Expressed in millions of US Dollars, unless otherwise indicated) |
11. | Taxes |
11.1. | Income taxes |
Current assets | Current liabilities | Non-current liabilities | ||||
06.30.2022 | 12.31.2021 | 06.30.2022 | 12.31.2021 | 06.30.2022 | 12.31.2021 | |
Taxes in Brazil | ||||||
Income taxes | 140 | 133 | 1,583 | 682 | - | - |
Income taxes - Tax settlement programs | - | - | 47 | 43 | 310 | 300 |
140 | 133 | 1,630 | 725 | 310 | 300 | |
Taxes abroad | 2 | 30 | 292 | 8 | - | - |
Total | 142 | 163 | 1,922 | 733 | 310 | 300 |
Reconciliation between statutory income tax rate and effective income tax rate
The following table provides the reconciliation of Brazilian statutory tax rate to the Company's effective rate on income before income taxes:
Jan-Jun/2022 | Jan-Jun/2021 | Apr-Jun/2022 | Apr-Jun/2021 | |
Net income before income taxes | 29,564 | 12,459 | 16,350 | 11,940 |
Nominal income taxes computed based on Brazilian statutory corporate tax rates (34%) | (10,051) | (4,236) | (5,559) | (4,060) |
Adjustments to arrive at the effective tax rate: | ||||
Tax benefits from the deduction of interest on capital distribution | 383 | - | 383 | - |
Different jurisdictional tax rates for companies abroad | 394 | (70) | 203 | (93) |
Brazilian income taxes on income of companies incorporated outside Brazil (*) | (628) | (199) | (329) | 6 |
Tax loss carryforwards (unrecognized tax losses) | (1) | (21) | (10) | 9 |
Non-taxable income (non-deductible expenses), net (**) | 68 | 234 | 44 | 195 |
Post-employment benefits | (186) | (90) | (44) | (46) |
Results of equity-accounted investments in Brazil and abroad | 120 | 279 | (3) | 205 |
Others | 26 | - | 6 | - |
Income taxes | (9,875) | (4,103) | (5,309) | (3,784) |
Deferred income taxes | (1,989) | (3,883) | (28) | (3,683) |
Current income taxes | (7,886) | (220) | (5,281) | (101) |
Effective tax rate of income taxes | 33.4% | 32.9% | 32.5% | 31.7% |
(*) It relates to Brazilian income taxes on earnings of offshore investees, as established by Law No. 12,973/2014. | ||||
(**) It includes provisions for legal proceedings. |
Deferred income taxes - non-current
The composition of deferred tax assets and liabilities is set out in the following table:
17 |
NOTES TO THE UNAUDITED CONSOLIDATED INTERIM FINANCIAL STATEMENTS PETROBRAS (Expressed in millions of US Dollars, unless otherwise indicated) |
Nature | Realization basis | 06.30.2022 | 12.31.2021 |
PP&E - Exploration and decommissioning costs | Depreciation, amortization and write-offs of assets | (781) | (1,362) |
PP&E - Impairment | Amortization, impairment reversals and write-offs of assets | 4,643 | 4,382 |
PP&E - depreciation methods and capitalized borrowing costs | Depreciation, amortization and write-offs of assets | (15,461) | (12,924) |
Loans, trade and other receivables / payables and financing | Payments, receipts and considerations | 1,418 | 3,490 |
Lease liabilities | Appropriation of the considerations | 589 | 1,244 |
Provision for legal proceedings | Payments and use of provisions | 757 | 605 |
Tax loss carryforwards | 30% of taxable income compensation | 643 | 1,827 |
Inventories | Sales, write-downs and losses | 340 | 228 |
Employee Benefits | Payments and use of provisions | 1,216 | 1,250 |
Others | 289 | 635 | |
Total | (6,347) | (625) | |
Deferred tax assets | 548 | 604 | |
Deferred tax liabilities (*) | (6,895) | (1,229) | |
(*) Changes in deferred tax liabilities are mainly due to the offsetting of the tax losses carryforwards and negative basis of CSLL, and to the use of the benefit of accelerated tax depreciation. |
The changes in the deferred income taxes are presented as follows:
Jan-Jun/2022 | Jan-Jun/2021 | |
Opening Balance | (625) | 6,256 |
Recognized in the statement of income for the period | (1,989) | (3,883) |
Recognized in shareholders' equity | (2,571) | (2,202) |
Cumulative translation adjustment | (29) | (58) |
Use of tax loss carryforwards | (1,137) | - |
Others | 4 | 2 |
Closing balance | (6,347) | 115 |
11.2. | Other taxes |
Current assets | Non-current assets | Current liabilities | Non-current liabilities (*) | |||||
06.30.2022 | 12.31.2021 | 06.30.2022 | 12.31.2021 | 06.30.2022 | 12.31.2021 | 06.30.2022 | 12.31.2021 | |
Taxes in Brazil | ||||||||
Current / Non-current ICMS (VAT) | 714 | 665 | 388 | 379 | 752 | 995 | - | - |
Current / Non-current PIS and COFINS (**) | 322 | 418 | 2,339 | 2,030 | 295 | 499 | 66 | 45 |
Claim to recover PIS and COFINS | - | - | 643 | 594 | - | - | - | - |
CIDE | 1 | 6 | - | - | 26 | 42 | - | - |
Production taxes | - | - | - | - | 2,462 | 2,147 | 22 | 21 |
Withholding income taxes | - | - | - | - | 56 | 86 | - | - |
Tax Settlement Program | - | - | - | - | 50 | 67 | 7 | 6 |
Others | 41 | 48 | 269 | 249 | 111 | 142 | 80 | 70 |
Total in Brazil | 1,078 | 1,137 | 3,639 | 3,252 | 3,752 | 3,978 | 175 | 142 |
Taxes abroad | 54 | 46 | 9 | 9 | 32 | 23 | - | - |
Total | 1,132 | 1,183 | 3,648 | 3,261 | 3,784 | 4,001 | 175 | 142 |
(*) Other non-current taxes are classified as other non-current liabilities. | ||||||||
(**) It includes US$ 75 (US$ 104 as of December 31, 2021) related to exclusion of ICMS (VAT tax) in the basis of calculation of sales taxes PIS and COFINS (contributions for the social security). |
Claim to recover PIS and COFINS
The Company filed four civil lawsuits, in the Regional Federal Court of the Second Region, against the Brazilian Federal Government, claiming to recover PIS and COFINS paid over finance income and foreign exchange variation gains, from February 1999 to January 2004.
The court granted to the Company, in all the lawsuits, the definitive right to recover those taxes. Two lawsuits have resulted in judicialized debts (precatórios) in the amounts claimed by the Company.
18 |
NOTES TO THE UNAUDITED CONSOLIDATED INTERIM FINANCIAL STATEMENTS PETROBRAS (Expressed in millions of US Dollars, unless otherwise indicated) |
Regarding the two remaining cases, both had rulings by the court favorable to the Company and, in one of them, the Brazilian Federal Government has already expressed its agreement.
As of June 30, 2022, the Company had non-current receivables of US$ 643(US$ 594as of December 31, 2021) related to PIS and COFINS, which are indexed to inflation.
12. | Employee benefits |
Employee benefits are all forms of consideration given by an entity in exchange for service rendered by employees or for the termination of employment. It also includes expenses with directors and management. Such benefits include salaries, post-employment benefits, termination benefits and other benefits.
06.30.2022 | 12.31.2021 | |
Liabilities | ||
Short-term employee benefits | 1,180 | 1,289 |
Termination benefits | 224 | 349 |
Post-employment benefits | 9,464 | 9,880 |
Total | 10,868 | 11,518 |
Current | 2,007 | 2,144 |
Non-current | 8,861 | 9,374 |
12.1. | Short-term employee benefits |
Short-term benefits are expected to be settled wholly before twelve months after the end of the period in which the employees render the related service.
06.30.2022 | 12.31.2021 | |
Variable compensation program - PPP | 272 | 461 |
Accrued vacation and 13th salary | 600 | 440 |
Salaries and related charges and other provisions | 244 | 270 |
Profit sharing | 64 | 118 |
Total | 1,180 | 1,289 |
Current | 1,177 | 1,286 |
Non-current (*) | 3 | 3 |
(*)Remaining balance relating to the four-year deferral of 40% of the PPP portion of executive managers. | ||
In the three and six-month periods ended June 30, 2022 and 2021, the Company recognized the following amounts in the statement of income:
Jan-Jun/2022 | Jan-Jun/2021 | Apr-Jun/2022 | Apr-Jun/2021 | |
Salaries, accrued vacations and related charges | (1,458) | (1,310) | (780) | (657) |
Variable compensation program - PPP | (247) | (195) | (129) | (101) |
Profit sharing | (65) | (58) | (34) | (30) |
Management fees and charges | (5) | (6) | (2) | (3) |
Total | (1,775) | (1,569) | (945) | (791) |
12.1.1. | Variable compensation programs |
Performance award program (PPP)
On September 17, 2021, the Company's Board of Directors approved the pay-out criteria for granting PPP 2021 to employees.
The PPP 2021 model establishes that, in order to trigger this payment, it is necessary to have net income for the year and a declaration and payment of distribution to shareholders.
19 |
NOTES TO THE UNAUDITED CONSOLIDATED INTERIM FINANCIAL STATEMENTS PETROBRAS (Expressed in millions of US Dollars, unless otherwise indicated) |
On December 15, 2021, the Company's Board of Directors approved the pay-out criteria for the program for 2022, maintaining the criteria of the PPP 2021.
In the six-month period ended June 30, 2022, the main changes related to the PPP were:
· | payment of US$ 504relating to the PPP provisioned in 2021; |
· | provision of US$ 247for the PPP related to 2022, accounted for within other income and expenses. |
Profit Sharing (PLR)
At December 29, 2020, the 17 unions representing onshore employees of Petrobras had signed the agreement for the PLR for 2021 and 2022, before the deadline determined by the Collective Labor Agreement (ACT). Among the offshore employees, only one union had signed the agreement within the period defined by the ACT.
The current agreement for the PLR provides that only employees without managerial functions will be entitled to receive profit sharing with individual limits according to their remuneration. In order for the PLR to be paid for 2021 and 2022, the following requirements must be met: (i) dividend distribution to shareholders approved at the Annual General Shareholders Meeting, (ii) net income for the year, and iii) achievement of the weighted average percentage of at least 80% of a set of indicators.
The maximum amount of PLR to be distributed is limited to 5% of Adjusted EBITDA (a non-GAAP measure defined as net income plus net finance income (expense), income taxes, depreciation, depletion and amortization, results in equity-accounted investments, impairment, cumulative foreign exchange adjustments reclassified to the income statement, results from disposal and write-offs of assets, foreign exchange gains and losses resulting from provisions for legal proceedings denominated in foreign currencies and results from the compensation of investments in bid areas), to 6.25% of net income and to 25% of dividends distributed to shareholders, in each year, whichever is lower.
In the six-month period ended June 30, 2022, the main changes related to the PLR were:
· | payment of US$ 129relating to the PLR provisioned in 2021; |
· | provision of US$ 65for the PLR related to 2022, accounted for within other income and expenses. |
12.2. | Termination benefits |
Termination benefits are employee benefits provided in exchange for the termination of labor contract as a result of either: i) the Company's decision to terminate the labor contract before the employee's normal retirement date; or ii) an employee's decision to accept an offer of benefits in exchange for the termination of their employment.
The Company has voluntary severance programs (PDV), specific for employees of the corporate segment and of divestment assets, which provide for the same legal and indemnity advantages.
During the second quarter of 2022, the wholly-owned subsidiary Transpetro launched a new voluntary severance program for its offshore employees, whose enrollment occurred between May 4, 2022 and July 14, 2022, and the deadline for the termination of employees will be December 3, 2022.
Thus, for the current programs, there are 11,539adhesions accumulated through June 30, 2022 (11,418through December 31, 2021).
Changes in the provision for expenses relating to voluntary severance programs are set out as follows:
20 |
NOTES TO THE UNAUDITED CONSOLIDATED INTERIM FINANCIAL STATEMENTS PETROBRAS (Expressed in millions of US Dollars, unless otherwise indicated) |
Jan-Jun/2022 | Jan-Jun/2021 | |
Opening Balance | 349 | 900 |
Effects in the statement of income | 4 | (8) |
Enrollments | 4 | 26 |
Revision of provisions | − | (34) |
Effects in cash and cash equivalents | (155) | (123) |
Terminations in the period | (155) | (123) |
Cumulative translation adjustment | 26 | 25 |
Closing Balance | 224 | 794 |
Current | 123 | 685 |
Non-current | 101 | 109 |
Recognition of the provision for expenses occur as employees enroll to the programs.
The Company disburse the severance payments in two installments, one at the time of termination and the remainder one year after the termination.
As of June 30, 2022, from the balance of US$ 224, US$ 48 refers to the second installment of 852 retired employees and US$ 176 refers to 1,807 employees enrolled in voluntary severance programs with expected termination by December 2023.
12.3. | Post-employment benefits |
The Company maintains a health care plan for its employees in Brazil (active and retiree) and their dependents (Saúde Petrobras), and five other major types of post-employment pension benefits (collectively referred to as "pension plans").
The following table presents the balance of post-employment benefits:
06.30.2022 | 12.31.2021 | |
Liabilities | ||
Health Care Plan | 4,919 | 4,485 |
Petros Pension Plan - Renegotiated (PPSP-R) | 3,101 | 3,233 |
Petros Pension Plan - Non-renegotiated (PPSP-NR) | 702 | 658 |
Petros Pension Plan - Renegotiated - Pre-70 (PPSP-R Pré 70) | 300 | 817 |
Petros Pension Plan - Non-renegotiated - Pre-70 (PPSP-NR Pré 70) | 249 | 511 |
Petros 2 Pension Plan (PP-2) | 192 | 165 |
Other plans | 1 | 11 |
Total | 9,464 | 9,880 |
Current | 706 | 651 |
Non-current | 8,758 | 9,229 |
Health Care Plan
The health care plan is managed by Petrobras Health Association (Associação Petrobras de Saúde - APS), a nonprofit civil association, and includes prevention and health care programs. The plan covers all employees and retirees, and is open to future employees.
Benefits are paid by the Company based on the costs incurred by the participants. The financial participation of the Company and the beneficiaries on the expenses are provided for in the Collective Bargaining Agreement (ACT), being 60% by the Company and 40% by the participants.
Pension plans
The management of the Company's supplementary pension plans is under the responsibility of Fundação Petrobras de Seguridade Social - Petros, which was established by Petrobras as a non-profit, private legal entity with administrative and financial autonomy.
The net obligation with pension plans recorded by the Company is measured in accordance with the requirements of IFRS which has a different measurement methodology to that applicable to pension funds, regulated by the Post-Retirement Benefit Federal Council (Conselho Nacional de Previdência Complementar- CNPC).
The table below presents the reconciliation of the surplus of Petros Plan registered by Petros Foundation as of December 31, 2021 with the net actuarial liability registered by the Company:
21 |
NOTES TO THE UNAUDITED CONSOLIDATED INTERIM FINANCIAL STATEMENTS PETROBRAS (Expressed in millions of US Dollars, unless otherwise indicated) |
PPSP-R (*) | PPSP-NR (*) | |
Surplus registered by Petros | 1,388 | 139 |
Financial assumptions | (1,120) | (364) |
Ordinary and extraordinary sponsor contributions | 2,190 | 652 |
Changes in fair value of plan assets (**) | 1,447 | 543 |
Others (including Actuarial valuation method) | 145 | 200 |
Net actuarial liability recorded by the Company | 4,050 | 1,169 |
(*)It includes the balance of PPSP-R pre-70 and PPSP-NR pre-70. | ||
(**)It includes balance of accounts receivable arising from the Term of Financial Commitment - TFC signed with Petrobras, which Petros recognizes as equity. |
On March 28, 2022, the Deliberative Council of Petros approved the financial statements of the pension plans for the year ended December 31, 2021, sponsored by the Company.
12.3.1. | Amounts related to net actuarial liabilities (defined benefit plans) |
Net actuarial liabilities represent the obligations of the Company related to defined benefit plans, net of the fair value of plan assets (when applicable), at present value, based on actuarial calculations which are revised annually by an independent qualified actuary.
Changes in the actuarial liabilities is presented as follows:
22 |
NOTES TO THE UNAUDITED CONSOLIDATED INTERIM FINANCIAL STATEMENTS PETROBRAS (Expressed in millions of US Dollars, unless otherwise indicated) |
Pension Plans | Health Care Plan | Other plans | Total | |||
PPSP-R (*) | PPSP-NR (*) | Petros 2 | ||||
Balance at December 31, 2021 | 4,050 | 1,169 | 165 | 4,485 | 11 | 9,880 |
Recognized in the Statement of Income | 233 | 74 | 17 | 309 | − | 633 |
Current service cost | 5 | 1 | 7 | 53 | − | 66 |
Net interest | 228 | 73 | 10 | 256 | − | 567 |
Cash effects | (1,156) | (371) | − | (162) | − | (1,689) |
Contributions paid | (141) | (47) | − | (162) | − | (350) |
Payments related to Term of financial commitment (TFC) | (1,015) | (324) | − | − | − | (1,339) |
Other changes | 274 | 79 | 10 | 287 | (10) | 640 |
Others | − | − | 1 | 1 | (11) | (9) |
Cumulative Translation Adjustment | 274 | 79 | 9 | 286 | 1 | 649 |
Balance at June 30, 2022 | 3,401 | 951 | 192 | 4,919 | 1 | 9,464 |
(*) It includes the balance of PPSP-R pre-70 and PPSP-NR pre-70. |
Pension Plans | Health Care Plan | Other plans | Total | |||
PPSP-R (*) | PPSP-NR (*) | Petros 2 | ||||
Balance at December 31, 2020 | 7,524 | 2,696 | 477 | 5,356 | 16 | 16,069 |
Recognized in the Statement of Income | 248 | 87 | 37 | 265 | 1 | 638 |
Past service cost | (1) | − | − | − | − | (1) |
Present value of obligation | (730) | (33) | − | − | − | (763) |
Plan assets transferred to PP-3 | 496 | 22 | − | − | − | 518 |
Sponsor contribution for PP-3 | 233 | 11 | − | − | − | 244 |
Current service cost | 5 | − | 20 | 83 | − | 108 |
Net interest | 226 | 82 | 17 | 182 | 1 | 508 |
Interest on the obligations with contribution for the revision of the lump sum death benefit | 18 | 5 | − | − | − | 23 |
Recognized in Equity - other comprehensive income | (1,369) | (352) | − | − | 2 | (1,719) |
Remeasurement effects recognized in other comprehensive income | (1,369) | (352) | − | − | 2 | (1,719) |
Cash effects | (965) | (539) | − | (159) | − | (1,663) |
Contributions paid | (134) | (41) | − | (159) | − | (334) |
Payments of obligations with contribution for the revision of the lump sum death benefit (**) | (341) | (102) | − | − | − | (443) |
Payments related to Term of financial commitment (TFC) | (490) | (396) | − | − | − | (886) |
Other changes | 255 | 82 | 21 | 220 | (4) | 574 |
Others | − | − | − | − | (1) | (1) |
Cumulative Translation Adjustment | 255 | 82 | 21 | 220 | (3) | 575 |
Balance at June 30, 2021 | 5,693 | 1,974 | 535 | 5,682 | 15 | 13,899 |
(*)It includes the balance of PPSP-R pre-70 and PPSP-NR pre-70. | ||||||
(**)On June 30, 2021, the Company prepaid the remaining balance of US$ 447. |
The net expense with pension and health plans is presented below:
23 |
NOTES TO THE UNAUDITED CONSOLIDATED INTERIM FINANCIAL STATEMENTS PETROBRAS (Expressed in millions of US Dollars, unless otherwise indicated) |
Pension Plans | Health Care Plan | Other Plans | Total | |||
PPSP-R (*) | PPSP-NR (*) | Petros 2 | ||||
Related to active employees (cost of sales and expenses) | 17 | 3 | 10 | 112 | − | 142 |
Related to retirees (other income and expenses) | 216 | 71 | 7 | 197 | − | 491 |
Net costs for Jan-Jun/2022 | 233 | 74 | 17 | 309 | − | 633 |
Related to active employees (cost of sales and expenses) | 27 | 4 | 30 | 138 | − | 199 |
Related to retirees (other income and expenses) | 203 | 78 | 7 | 127 | 1 | 416 |
Obligations with contribution for the revision of the lump sum death benefit | 18 | 5 | − | − | − | 23 |
Net costs for Jan-Jun/2021 | 248 | 87 | 37 | 265 | 1 | 638 |
(*)It includes the balance of PPSP-R pre-70 and PPSP-NR pre-70. | ||||||
Pension Plans | Health Care Plan | Other Plans | Total | |||
PPSP-R (*) | PPSP-NR (*) | Petros 2 | ||||
Related to active employees (cost of sales and expenses) | 9 | 2 | 5 | 57 | − | 73 |
Related to retirees (other income and expenses) | 111 | 36 | 4 | 102 | − | 253 |
Net costs for Apr-Jun/2022 | 120 | 38 | 9 | 159 | − | 326 |
Related to active employees (cost of sales and expenses) | 14 | 2 | 15 | 71 | − | 102 |
Related to retirees (other income and expenses) | 102 | 39 | 4 | 64 | 1 | 210 |
Obligations with contribution for the revision of the lump sum death benefit | 8 | 3 | − | − | − | 11 |
Net costs for Apr-Jun/2021 | 124 | 44 | 19 | 135 | 1 | 323 |
(*) It includes the balance of PPSP-R pre-70 and PPSP-NR pre-70. |
12.3.2. | Contributions |
In the six-month period ended June 30, 2022, the Company contributed with US$ 1,689 to the defined benefit plans (reducing the balance of obligations of these plans, as presented in note 12.13.1), which includes the partial prepayment of the Term of Financial Commitment, in the amount of US$ 1,339 which occurred on February 25, 2022.
In addition, the Company contributed with US$ 90 and US$ 1, respectively, to the defined contribution portions of PP-2 and PP-3 plans (US$ 77 for PP-2 in 2021), whose amounts were expensed in the six-month period ended June 30, 2022.
The collection of contributions for PP-3 started August 31, 2021.
13. | Provisions for legal proceedings |
13.1. | Provisions for legal proceedings, judicial deposits and contingent liabilities |
The Company recognizes provisions for legal, administrative and arbitral proceedings based on the best estimate of the costs for which it is probable that an outflow of resources embodying economic benefits will be required and that can be reliably estimated. These proceedings mainly include:
· | Labor claims, in particular: (i) opt-out claims related to a review of the methodology by which the minimum compensation based on an employee's position and work schedule (Remuneração Mínima por Nível e Regime - RMNR) is calculated; and (ii) actions of outsourced employees; |
· | Tax claims including: (i) claims relating to benefits previously taken for Brazilian federal tax credits applied that were subsequently alleged to be disallowable; (ii) tax notices for alleged non-compliance with ancillary obligations; and (iii) claims for alleged non-payment of CIDE on imports of propane and butane. |
· | Civil claims, in particular: (i) lawsuits related to contracts; (ii) royalties and special participation charges, including royalties over shale extraction; and (iii) penalties applied by ANP relating to measurement systems. |
· | Environmental claims, specially: (i) fines relating to an environmental accident in the State of Paraná in 2000; (ii) fines relating to the Company's offshore operation; and (iii) public civil action for oil spill in 2004 in Serra do Mar-São Paulo State Park. |
Provisions for legal proceedings are set out as follows:
24 |
NOTES TO THE UNAUDITED CONSOLIDATED INTERIM FINANCIAL STATEMENTS PETROBRAS (Expressed in millions of US Dollars, unless otherwise indicated) |
Non-current liabilities | 06.30.2022 | 12.31.2021 |
Labor claims | 771 | 716 |
Tax claims | 385 | 306 |
Civil claims | 1,084 | 820 |
Environmental claims | 228 | 176 |
Total | 2,468 | 2,018 |
Jan-Jun/2022 | Jan-Jun/2021 | |
Opening Balance | 2,018 | 2,199 |
Additions, net of reversals | 396 | 190 |
Use of provision | (225) | (261) |
Revaluation of existing proceedings and interest charges | 161 | 19 |
Others | (5) | 6 |
Cumulative translation adjustment | 123 | 75 |
Closing Balance | 2,468 | 2,228 |
In preparing its unaudited consolidated interim financial statements for the six-month period ended June 30, 2022, the Company considered all available information concerning legal proceedings in which the Company is a defendant, in order to estimate the amounts of obligations and probability that outflows of resources will be required.
In the six-month period ended June 30, 2022, the increase in liabilities arises mainly from changes in the following cases: (i) US$ 203 in the provision for civil claims involving contractual matters; and (ii) US$ 39 in the provision for tax claims for alleged non-compliance with ancillary obligations.
13.2. | Judicial deposits |
Non-current assets | 06.30.2022 | 12.31.2021 |
Tax | 6,960 | 5,790 |
Labor | 869 | 796 |
Civil | 1,705 | 1,275 |
Environmental | 110 | 101 |
Others | 72 | 76 |
Total | 9,716 | 8,038 |
Jan-Jun/2022 | Jan-Jun/2021 | |
Opening Balance | 8,038 | 7,281 |
Additions | 861 | 488 |
Use | (45) | (43) |
Accruals and charges | 386 | 76 |
Others | (9) | (15) |
Cumulative translation adjustment | 485 | 320 |
Closing Balance | 9,716 | 8,107 |
In the six-month period ended June 30, 2022, the Company made judicial deposits in the amount of US$ 860, including: (i) US$ 283 relating to the unification of Fields (Cernambi, Tupi, Tartaruga Verde and Tartaruga Mestiça); (ii) US$ 133 referring to IRPJ and CSLL for not adding profits of subsidiaries and affiliates domiciled abroad to the IRPJ and CSLL calculation basis; (iii) US$ 137 related to CIDE and PIS/COFINS on the chartering of platforms; and (iv) US$ 68 referring to IRPJ and CSLL in the deduction of expenses with Petros.
13.3. | Contingent liabilities |
The estimates of contingent liabilities for legal proceedings are indexed to inflation and updated by applicable interest rates. Estimated contingent liabilities for which the possibility of loss is classified as possible are set out in the following table:
Nature | 06.30.2022 | 12.31.2021 |
Tax | 28,376 | 24,785 |
Labor | 8,066 | 7,172 |
Civil - General | 6,710 | 5,720 |
Civil - Environmental | 1,353 | 1,192 |
Total | 44,505 | 38,869 |
The main contingent liabilities are:
25 |
NOTES TO THE UNAUDITED CONSOLIDATED INTERIM FINANCIAL STATEMENTS PETROBRAS (Expressed in millions of US Dollars, unless otherwise indicated) |
· | Tax matters comprising: i) withholding income tax (IRRF), Contribution of Intervention in the Economic Domain (CIDE), Social Integration Program (PIS) and Contribution to Social Security Financing (COFINS) on remittances for payments of vessel charters; (ii) income from foreign subsidiaries and associates located outside Brazil not included in the computation of taxable income (IRPJ and CSLL); (iii) requests to compensate federal taxes disallowed by the Brazilian Federal Tax Authority; (iv) collection and crediting of ICMS by several states; (v) collection of social security contributions over payments of bonuses; and (vi) collection of customs taxes and fines related to imports under the Repetro regime in the Frade consortium. |
· | Labor matters comprising mainly actions requiring a review of the methodology by which the minimum compensation based on an employee's position and work schedule (Remuneração Mínima por Nível e Regime - RMNR) is calculated; |
· | Civil matters comprising mainly: (i) administrative and legal proceedings challenging an ANP order requiring Petrobras to pay additional special participation fees and royalties (production taxes) with respect to several fields; (ii) regulation agencies fines; and (iii) lawsuits related to contracts. |
· | Environmental matters comprising indemnities for damages and fines related to the Company operation. |
In the six-month period ended June 30, 2022, the increase in the balance of contingent liabilities is mainly due to: (i) US$ 2,224relating to the notice of infraction for the collection, by joint liability, of customs taxes and fines arising from imports under the Repetro regime, for use in the Frade consortium; (ii) US$ 534in lawsuits in administrative and judicial stages discussing the difference in special interest and royalties in different fields, including unitization; (iii) US$ 403 lawsuits requesting a review of the methodology by which the minimum compensation based on an employee's position and work schedule (Remuneração Mínima por Nível e Regime - RMNR) is calculated; (iv) US$ 261 referring to CIDE and PIS/COFINS on the chartering of platforms; and (v) US$ 205referring to lawsuits involving ICMS collection on imports in operations with liquified petroleum gas derived from natural gas. These effects were partially offset by: (i) US$ 1,206 transferred to remote loss relating to tax on services provided offshore; (ii) US$ 295 for the write-off due to the conclusion of an agreement and review of amounts in lawsuits in which the state monopoly of piped gas services was discussed; and (iii) US$ 201 for the review of values and write-off, due to favorable decisions, in proceedings related to tax deductions taken that were subsequently challenged.
13.4. | Minimum Compensation Based on Employee's Position and Work Schedule (Remuneração Mínima por Nível e Regime - RMNR) |
As of June 30, 2022, there are lawsuits related to the Minimum Compensation Based on Employee's Position and Work Schedule (RMNR), with the objective of reviewing its calculation criteria.
The RMNR consists of a minimum remuneration guaranteed to employees, based on salary level, work schedule and geographic location. This policy was created and implemented by Petrobras in 2007 through collective bargaining with union representatives, and was approved at employee meetings, and started being the subject of lawsuits three years after its implementation.
In 2018, the Brazilian Superior Labor Court (TST) ruled against the Company, which filed extraordinary appeals against its decision. Therefore, the Brazilian Supreme Federal Court (STF) suspended the effects of the decision issued by the TST and determined the national suspension of the ongoing proceedings related to the RMNR.
On July 29, 2021, a monocratic decision was published in which the STF's Judge-Rapporteur granted an extraordinary appeal filed, accepting the Company's thesis and recognizing the validity of the collective bargaining agreement freely signed between Petrobras and the unions, reversing the decision of the TST.
In February 2022, the judgment of the appeals filed by the plaintiff and several amicus curiae was started. The judgment is currently underway in the First Panel of the Supreme Federal Court, with 3 votes in favor of the Company, confirming that there is an understanding of recognizing the merit of the collective bargaining agreement signed between Petrobras and the unions. Considering that the last minister to vote requested additional time for analysis, the trial was suspended, and is pending the presentation of the vote by this last minister.
As of June 30, 2022, the balance of provisioned proceedings regarding RMNR amounts to US$ 150, while the contingent liabilities amount to US$ 6,686.
13.5. | Class action and related proceedings |
On May 26, 2021, the District Court of Rotterdam decided that the class action against Petróleo Brasileiro S.A. - Petrobras, Petrobras International Braspetro B.V. (PIB BV), Petrobras Global Finance B.V. (PGF), Petrobras Oil & Gas B.V. (PO&G) and some former Petrobras managers must proceed and that the arbitration clause of Petrobras' bylaws does not prevent the Company's shareholders from having access to the Dutch Judiciary and being represented by the Stichting Petrobras Compensation Foundation ("Foundation"). However, investors who have already started arbitration against Petrobras or who are parties to legal proceedings in which the applicability of the arbitration clause has been definitively recognized are excluded from the action. The class action is in the merit discussion stage.
26 |
NOTES TO THE UNAUDITED CONSOLIDATED INTERIM FINANCIAL STATEMENTS PETROBRAS (Expressed in millions of US Dollars, unless otherwise indicated) |
In relation to the arbitration in Argentina, the Argentine Supreme Court has not yet judged the appeal filed by the Consumidores Financieros Asociación Civil para su Defensa ("Association"). This arbitration discusses Petrobras' liability for an alleged loss of market value of Petrobras' shares in Argentina, as a result of the Lava Jato Operation.
Regarding criminal proceeding in Argentina related to an alleged fraudulent offer of securities, aggravated by the fact that Petrobras allegedly declared false data in its financial statements prior to 2015, the Court of Appeals revoked on October 21, 2021, the lower court decision that had recognized Petrobras' immunity from jurisdiction and recommended that the lower court judge take steps to certify whether the Company could be considered criminally immune in Argentina for further reassessment of the issue. Petrobras appealed against this decision, but on April 30, 2022 the appeal was not admitted by the Court of Cassation. The Court of Appeals recognized that the Association could not act as a representative of financial consumers, due to the loss of its registration with the competent Argentine bodies, which was also appealed, still pending judgment. Petrobras presented other procedural defenses, still subject to appeals before the Argentine Court of Appeals. This criminal action is being processed before the Economic Criminal Court No. 2 of the City of Buenos Aires.
As for the other criminal action for alleged non-compliance with the obligation to publish "press release" in the Argentine market about the existence of a class action filed by Consumidores Financieros Asociación Civil para su Defensa before the Commercial Court, there are no developments during the six-month period ended June 30, 2022.
13.6. | Arbitrations in Brazil |
In the six-month period ended June 30, 2022, there were no events that changed the assessment and information on arbitrations in Brazil.
13.7. | Legal proceedings - Compulsory Loan - Eletrobrás |
In the six-month period ended June 30, 2022, there were no events that changed the assessment on this proceeding.
13.8. | Lawsuits brought by natural gas distributors and others |
In the six-month period ended June 30, 2022, the Company obtained a favorable decision from the Superior Court of Justice (Superior Tribunal de Justiça - STJ) suspending the interim decision in favor of CEGÁS, which granted the extension of its gas supply contract for 6 months. The injunction that had been obtained by SC GÁS and that had extended, until April 2022, the price of the gas supply contract that was terminated on December 31, 2021, was revoked in a lower court judgement handed down on June 29, 2022.
14. | Provision for decommissioning costs |
The following table details the amount of the decommissioning provision by producing area:
06.30.2022 | 12.31.2021 | |
Onshore | 500 | 873 |
Shallow waters | 3,834 | 3,732 |
Deep and ultra-deep post-salt | 8,410 | 8,420 |
Pre-salt | 2,730 | 2,594 |
15,474 | 15,619 |
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PETROBRAS - Petróleo Brasileiro SA published this content on 19 September 2022 and is solely responsible for the information contained therein. Distributed by Public, unedited and unaltered, on 19 September 2022 18:19:03 UTC.