The National Civil Aviation Agency (ANAC) enacted new administrative procedures for airport infrastructure concession contracts, related to ANAC supervision and administration of sanctions. They aim at increasing the legal security and efficiency of the administrative process for concessionaries.
Resolution n. 599/2020 from the National Civil Aviation Agency (ANAC) enacted new procedures to ANAC’s administrative process regarding airport infrastructure concession contracts, including their public notices and annexes. The administrative process relates to ANAC’s supervision role and its assessment of contract infringements.
Applied specifically to airport infrastructure concessionaries, the procedures of the resolution resemble those of ANAC Resolution n. 472/2018 on the administrative procedures for activities under ANAC supervision, but are specifically designed to those concession contracts, as a means of increasing predictability and legal security.
The procedures are also designed to foster cooperation between the regulated and regulatory parties, prioritizing measures for guidance, improvement and prevention, rather than strict sanctions. They also seek to improve the efficiency of the sanctioning process while reducing its contentious nature.
According to article 56 of the new resolution, in case of divergence between the provisions from the resolution and valid contractual provisions, the latter will prevail.
The resolution comes into force on February 1st, 2021.
