Notícias
AIR SERVICES
Simplification of the procedure for air service operation is one of the main advances of PM 1.089
The National Civil Aviation Agency (ANAC) published the last chapter of the special series created to explain the changes brought by Provisional Measure (PM) 1089, of December 29, 2021, to the Brazilian Aeronautical Code (CBA) and three other legal provisions that regulate the airline industry (click on the links to access the rules in Portuguese). Known as Voo Simples PM, the norm was designed to modernize the regulation of civil aviation, increase efficiency in the provision of services and foster the development of the sector. This week, the focus was on the debureaucratization of procedures for authorizing air services.
The old regulation defined by the CBA set normative barriers that were no longer compatible with the dynamism of the airline industry. In view of the circumstances imposed by the covid-19 pandemic, reevaluating the legal limitations that hindered the development and return of civil aviation activities became an urgency. Thus, one of the changes brought by the Voo Simples PM was the elimination of the process of granting air services, which allows the Agency to concentrate its efforts on the certification procedure of airlines, focusing on the safety of operations.
With the change, the exploration for air services became less bureaucratic, with emphasis on safety and legal criteria such as: completion of the certification process required by the Agency; use of aircraft in an airworthy condition and compatible with the intended service; proof of tax, social security and labor regularity; and guarantee of maintenance of the technical and operational conditions defined by ANAC.
To make these changes possible, ANAC has altered two internal regulations with a view to harmonizing them with PM 1,089. Through Resolutions 659 and 660 (available only in Portuguese), both dated February 2, 2022, ANAC has updated the rules for the operation of air services by Brazilian companies, seeking regulatory simplification and greater efficiency in the services provided, without sacrificing safety requirements.
Publication of the first Ordinances
The internal changes have already produced results. After issuing Resolution 659 on February 2, 2022, ANAC began to allow the operation of air services without a concession process. On February 11, Ordinance No. 7179, dated February 7, 2022 (available only in Portuguese) was published, the first decision in the new format, based mainly on obtaining the Air Operator Certificate (AOC).
In the new model, there is no longer any granting of air services, a requirement that required approval from ANAC’s Board of Directors. Currently, the conditions for air service operation are checked by the Agency’s Operational Standards Superintendence (SPO) after the COA is issued.
With the extinction of the granting process, airlines will be able to begin operations in less time, providing a faster return on their investments. Revalidation or alteration processes will no longer be necessary, reducing the bureaucratic burden for the company. The operation of air services is conditioned to the maintenance of the technical and operational conditions defined by ANAC's regulations.
Companies that already operate air services and currently hold an authorization to operate will have their decisions gradually replaced by ordinances of compliance with the requirements, so that they can adapt to the new legal and regulatory requirements. It is not necessary for these companies to make a new application for this purpose.
Foreign companies
Similarly to the granting process for air services in the country, the CBA provisions that dealt with the authorization for a foreign company to operate in the country were also revoked. Besides not adding value in operational or legal safety, it is understood that the matter is already dealt with by the Brazilian Civil Code, Law 10406, of January 10, 2002, which establishes the documentation necessary for the request of authorization for a foreign company to operate in Brazil.
Another important change brought by the Voo Simples MP is related to the definition of concepts and categories of air services. As these definitions may vary according to the type of service provided and evolve with the development of the civil aviation system, the task was reserved to the infralegal norm, under ANAC’s competence, always observing the safety measures applicable to each category. The goal is to promote greater efficiency and safety in the provision of these services.
In addition to the simplified model for air service operation procedures, PM 1089 also cut red tape for the airfield segment, simplified the Brazilian Aeronautical Register (RAB), and rationalized the collection of Civil Aviation Inspection Fees (TFACs), among other measures of relevance to the airline industry (available only in Portuguese).
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, visit the program’s website (available only in Portuguese) and follow ANAC’s social networks.