The National Land Transport Agency (ANTT) submitted to public consultation the second part of the new regulatory framework on federal highway infrastructure concessions, namely the Highway Concession Regulation (RCR, in the Portuguese acronym), applicable to highways under ANTT supervision.
Public Audience n.º 8/2021 from the National Land Transport Agency (ANTT) seeks to collect public contributions on the second part of the new regulatory framework on federal highway infrastructure concessions, namely the Highway Concession Regulation (RCR, in the Portuguese acronym), applicable to highways under ANTT supervision. The first part (“RCR 1”) was enacted in July (reported in the 26th edition of the Regulatory Report).
The draft proposal for the second part of the regulation (“RCR 2”) concerns the efficient provision of road services and efficient management of public equity, related to assets and construction projects. The proposal is comprised of 11 chapters (248 articles), seeking to revoke 9 resolutions as of 2023 and 2024. The draft is set to come into force on January 1st, 2023.
According to the regulatory impact analysis of the new draft, the proposal is designed to mitigate 10 regulatory problems, by adopting clear regulatory provisions that improve legal security. Those regulatory problems include the lack of provisions for unsuitable assets (those whose reversibility is inconvenient); lack of provisions for the attribution of responsibility regarding the removal of interferences; and the lack of clear procedures for the transfer of government-executed construction to concessionaires.
Contributions can be submitted through ANTT’s website until January 11, 2022. A public hearing is scheduled for December 9 (link). The draft resolution, regulatory impact analysis, other technical notes, and a form for participating in the public hearing are available on ANTT’s website.
