ANAC simplifies authorization for foreign airlines to operate in air transport

The National Civil Aviation Agency (ANAC) approved, through Resolutions 692, 693 and 694, dated September 21, 2022 and published on September 26 in the government gazette, new rules for the operation of international air transport services by foreign airlines, as well as updated the conditions for the use of code sharing for Brazilian and foreign companies.

The changes, which affect the Brazilian Civil Aviation Regulation (RBAC) No. 129 and the Agency’s Internal Rules, establish the rules for market access for this type of service. In general, the updates simplify requirements and reduce the bureaucracy related to the presentation of documentation for the provision of scheduled and non-scheduled international air transport, as well as establish simplified criteria for code sharing among companies in general.

The simplification of authorization procedures follows a measure already adopted in the scope of the Voo Simples Program, whose main innovation on the subject was the extinction of the prior operating authorization, simplifying the process for granting air services. The regulatory innovation was instituted by Law No. 14,368, of June 14, 2022, the Voo Simples Law. The change modernized the Brazilian Aeronautical Code (CBA) and three other legal devices that regulate the airline industry in the country, making the process less bureaucratic and faster, and increased the focus on the verification of safety criteria.

The changes brought by the new ANAC Resolutions for foreign airlines were also intended to align the Agency’s regulations with the Economic Freedom Act and the Regulatory Agencies Law, in light of the direct relationship between the topics.