Decree No. 13,018, of June 11, 2026, published in the Official Gazette of the Union on June 12, 2026, regulates Federal Law No. 14,119/2021, which established the National Policy for Payment for Environmental Services (“PNPSA”) and the Federal Program for Payment for Environmental Services.
PSA consists of remuneration for rural landowners, traditional communities, indigenous peoples, family farmers, and other providers who conserve, restore, or maintain ecosystem services that generate environmental benefits for society, such as biodiversity conservation, protection of water resources, maintenance of native vegetation, and carbon sequestration.
Main new features of the Decree:
• Definition of the Ministry of Environment and Climate Change as the managing body of the National Program for Payment for Environmental Services (PNPSA), granting it the competence to coordinate actions with federative entities, civil society, and the private sector, as well as to issue rules and guidelines necessary for the implementation of the policy;
• Establishment of the Strategic Committee of the Federal Program for Payment for Environmental Services (“CEPSA”), of a consultative and deliberative nature, responsible for monitoring and guiding the implementation of the Federal Program;
• Establishment of the National Knowledge Network on Payment for Environmental Services (“Rede-PSA”), of a multi-sectoral nature, aimed at the production and dissemination of knowledge on PES, with the participation of representatives of the public sector, the scientific community, civil society, traditional peoples and communities, and the private sector;
• Establishment of mandatory socio-environmental safeguards for public and private PSA initiatives, programs, and projects,
including, among other requirements, the prohibition of irregular suppression of native vegetation, transparency in resource management and benefit sharing, and the guarantee of adequate health and safety conditions for the workers involved;
• Definition of the propter rem nature of the obligations arising from PSA contracts linked to real estate. Thus, in the event of
alienation of the property, the rights and obligations arising from the contract are automatically transferred to the new owner, regardless of express provision in the transfer instrument, ensuring the continuity of environmental services throughout the contractual period; and
• Preservation of the continuity of PSA initiatives, programs, and contracts in force on the date of its publication, provided that the objectives and guidelines established by Law No. 14,119/2021 are observed;
Two relevant issues remained pending regulation: the National Registry of Payment for Environmental Services (“CNPSA”) and the tax treatment applicable to amounts received as PSA, the latter to be regulated by a joint act of the Ministry of Environment and Climate Change and the Ministry of Finance.
Although important aspects of the policy still depend on complementary regulation, Decree No. 13.018/2026 tends to expand opportunities for rural landowners, environmental project developers, voluntary carbon market operators, financial institutions, and companies seeking to structure strategies for biodiversity conservation, environmental restoration, and compliance with ESG commitments.
This material is exclusively institutional and informative in nature, limited to presenting general normative and administrative aspects of the subject.
Evelini Oliveira de Figueiredo Fonseca | evelini.fonseca@nascimentomourao.adv.br
Coordinator and Partner of the Environmental, Regulatory and Biodiversity Law area.
Juliana Robles Tasca | juliana.tasca@nascimentomourao.adv.br
Lawyer in the Environmental, Regulatory and Biodiversity Law area.
