The National Land Transport Agency (ANTT) launched a public consultation on a new regulatory framework for federal highway concession, namely Highway Concession Regulation (RCR, in the Portuguese acronym). The framework is aligned with ANTT’s 2021-2022 Regulatory Agenda and seeks to implement best regulatory practices.

The National Land Transport Agency (ANTT), seeking to develop a new regulatory framework on ANTT highway concession – the Highway Concession Regulation (RCR, in the Portuguese acronym), submitted the first RCR resolution proposal to public consultation. Altogether, ANTT considers the creation of seven guideline resolutions (RCR resolutions) to implement the new framework, in accordance with ANTT’s 2021-2022 Regulatory Agenda.

Public Audience n. 2/2021 submits the first RCR draft Resolution (“RCR 1”) to public consultation. The draft RCR 1 enacts the regulatory framework and covers the contractual principals of concessions, including general dispositions, applicable legislation, and the contractual regime of federal highway concessions.

ANTT stipulates the creation of six other RCR resolutions applicable to federal highway concessionaries, whose coverage topics are summarized as follows:

  • RCR 2: adequate, sustainable and high-quality service provision;
  • RCR 3: transparency provisions for concessionary obligations and guarantees;
  • RCR 4: efficient public equity management;
  • RCR 5: contractual equilibrium, related to financial and economic management;
  • RCR 6: service provision continuity, related to supervision, conflict management and contract termination;
  • RCR 7: regional and specific public infrastructure requirements.

The implementation of the RCR is provided by ANTT 2021-2022 Regulatory Agenda (federal highway infrastructure exploration strategic theme). The implementation process is schedule to end on the last quarter of 2021.

Contributions can be submitted to this e-mail address until April 27. A public hearing was held on April 7, whose recording is available here. The draft RCR 1, a technical note, a Regulatory Impact Analysis (AIR, in the Portuguese acronym) and more information are available here.