The National Land Transport Agency (ANTT) enacted the first resolution of the new regulatory framework for federal highway concessions, namely the Highway Concession Regulation (RCR, in the Portuguese acronym). The RCR comprises ANTT’s 2021-2022 Regulatory Agenda.
Resolution n. 5.950/2021 from the National Land Transport Agency (ANTT) enacted the first 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. As a part of ANTT’s 2021-2022 Regulatory Agenda, other resolutions comprising the RCR are expected to be enacted during the course of the agenda.
As reported in the 22nd edition of the Regulatory Report, the new “RCR1” resolution was the subject of a public consultation launched in April by ANTT, whose results are available here. The resolution enacted general dispositions to the RCR, covering general rules on the concession process (Chapter “II”); general service provision requirements and disclosure of information (Chapter “III”); and contract requirements (Chapter “IV”).
As of July 2021, ANTT expects the creation of four other RCR resolutions, whose coverage topics are:
- RCR 2: efficient public equity management;
- RCR 3: contract equilibrium, related to financial and economic management;
- RCR 4: service provision oversight and non-conformity adjustment;
- RCR 5: service provision continuity, conflict management, and contract termination;
The new “RCR1” resolution comes into force on January 3, 2022. As provided in article 28, concessionaries will have a six-month period to adhere to specific requirements, after the resolution comes into force.
