Voo Simples provisional measure reduces bureaucracy in air service rules, aeronautical registration and CACC

The most important initiative in the scope of the Voo Simples Program, Provisional Measure (PM) 1.089, published on December 30th, updates and reduces bureaucracy in the airline sector processes and procedures. The Voo Simples PM, as it is known, was conceived to modernize aviation regulation, increase efficiency in service provision, and foster market development. The law promotes a purge in the existing legal framework with a focus on simplifying and rationalizing the rules for air services, the Brazilian Aircraft Registry (RAB) and the Civil Aviation Control Charges (CACCs), among other measures relevant to the sector.

Through PM (Presidential Decree) No. 1,089, 91 provisions of Law n. 7,565, of December 19, 1986 (Brazilian Aeronautical Code) were revoked and 35 others were revised. Also updated were provisions of Laws n. 11,182, of September 27, 2005 (ANAC's Creation Law), n. 6,009, of December 26, 1973 (airport operations) and n. 5,862, of December 12, 1972 (Infraero). The changes simplify and modernize the legislation, preserving operational safety.

The change begins by updating the concepts related to the provision of air services, reducing bureaucracy in the verification of legal requirements.

Before the PM, the authorization to provide air services depended on meeting merely bureaucratic documentary requirements, unrelated to the operation itself and always repeated at the time of the renewal of the concession. The change in focus, with the revision made by the Voo Simples PM, aims to concentrate attention on the regulation and supervision of civil aviation safety and the service provided, aspects that did not suffer any flexibilization.

The rationalization of air services also repeals the enumeration in the law of the types of Specialized Air Services (SAE). Scheduled and non-scheduled services are now defined only in infra-legal regulations.

Brazilian Aeronautical Register

The simplification of the requirements for the registration of aircraft with the Brazilian Aircraft Registry (RAB) was one of the changes of great impact. The change consisted in the repeal of strictly procedural provisions and in the grouping of legal and regulatory requirements in order to facilitate understanding and to adapt the legal framework to current registration practices, among other simplifications.

The PM also harmonizes the Brazilian legislation regarding the leasing of aircraft with the Cape Town Convention, which governs the matter internationally, by removing the prohibition on the hijacking of civilian aircraft. The objective was to strengthen the country in the international context and the commitment to the faithful fulfillment of the pact of which Brazil is a signatory.

CACCs aligned with current reality

The Voo Simples Provisional Measure also introduces changes in the application of the Civil Aviation Control Charges (CACCs). The changes aim to make the system more appropriate to the reality of civil aviation and the current tax regulations. To this end, a new TFAC table was established, with a reformulation of the taxable events, considering only the activities related to the products actually delivered by the Agency, now grouped by degree of complexity.

Previously, the table provided for the existence of 342 triggering events and some CACCs presented values disproportionate to the complexity of the service requested by the regulated party. The PM rationalized and reduced the number of items in the table to 25 triggering events, based on a review and revocation focused on the products delivered. Following this logic, a complexity index was provided, so that the cost of the CACC is proportional to the cost of the service.

The CACC related to balloon certification, for example, had its cost reduced from R$ 900 thousand to approximately R$ 20 thousand. The high amount previously foreseen for this CACC, disproportionate to the complexity of the service, was considered to be one of the impediments to balloon certification in Brazil. Because of the high cost, balloon operators in the country opted for models certified abroad. The same logic applies to manufacturers of small aircraft. Besides the high operational costs, the certification activity was hindered by administrative costs that often made the continuity of national projects unfeasible. These barriers were removed with the PM and should encourage the certification of new models in Brazil.

To learn more about the Voo Simples PM, just follow the ANAC portal and social networks. In the coming days, the Agency will release detailed information about the rules updated by the norm.

Voo Simples Program

Created by ANAC and the Federal Government, the Voo Simples Program was launched on October 7, 2020 with the aim of modernizing and debureaucratizing the Brazilian civil aviation sector. Approximately 91% of the program's 69 initiatives have been started or completed.

The purpose is to promote an efficient regulatory environment in order to make Brazilian aviation increasingly dynamic and competitive.

To learn more about Voo Simples, please go to the program's website (available in Portuguese only).