The National Land Transport Agency (ANTT) enacted new rules for contract termination of highway infrastructure concessions under ANTT supervision. Additionally, ANTT submitted a draft resolution to public consultation, related to economic and financial balance recomposition provisions, applicable to concessionaries impacted by the pandemic.

Resolution n. 5.935/2021 from the National Land Transport Agency (ANTT) enacted new guidelines and rules for the termination of federal highway infrastructure concession contracts under ANTT supervision, designed to improve regulatory predictability. The resolution comes into force on July 1st.

The resolution enacted eight triggering conditions for enabling an administrative process (contract termination) to be carried out by ANTT against a non-compliant concessionary, defined in article 2. It also established the procedures and rules for that process: the ANTT-to-concessionary communication procedures are defined in articles 3 to 6; and the rules for the contract termination process are defined in articles 7 to 15.  

Additionally, Public Audience n. 3/2021 was launched by ANTT in order to collect public contributions on a draft resolution that will define an economic impact assessment methodology, and establish economic and financial balance recomposition provisions, related to the negative pandemic impact on federal highway infrastructure concessionaries. The draft resolution will cover the period between March 2020 and December 2021.

The public hearing was held on May 6 (recording available here, in Portuguese), while public contributions can be submitted until May 21, through the ANTT public participation portal, where the draft resolution, a Regulatory Impact Analysis, technical notes and more information can be found (in Portuguese).