Fly Brasil: Learn about the event on rules simplification for foreign airlines

On March 1st, the National Civil Aviation Agency (ANAC) held the first “Fly Brasil: Simplifying access to the market” meeting. This edition of the project was intended to clarify the aviation sector about the new rules implemented by the Agency to facilitate and simplify the access of new foreign airlines to the Brazilian market. The event is one of ANAC’s initiatives to promote the recovery of the airline industry post-pandemic. 

Data presented by ANAC show that the number of passengers in international air transport in January 2023 represented 75.6% of the total number of passengers carried in January 2019, the pre-pandemic period. 

The event was opened by ANAC’s Head of Department of Air Services, Rafael Botelho, who explained the Agency’s efforts to improve and modernize Brazilian regulations and turn the market more attractive, working together with the industry's representative entities. “ANAC has been seeking to simplify the sector, with many projects delivered and others in progress, but we are open to improvements and changes that expand access to air transport, bringing more flights and more passengers to our skies,” he said.

The executive director and CEO of the Latin American and Caribbean Air Transport Association (Alta), José Ricardo Botelho, highlighted the regulatory maturity of Brazil, but warned about points that need revision, such as fuel pricing. “Since the creation of the Agency, it has been in a learning and maturing process. Brazil went from 33 million to almost 100 million passengers. The country shows that it wants to bring new investments. What we need to focus on, at this moment, is the issue of costs,” he emphasized. 

The statement was supported by the general director of the International Air Transport Association (IATA) in Brazil, Dani Oliveira. According to him, the country has not yet reached the levels of international flight connectivity it had in 2019. According to Oliveira, there are three major difficulties unique to Brazilian air transport: the most expensive aviation kerosene (aviation fuel) on the planet, legal insecurity, and the inefficiency of the system. “Brazil urgently needs to remove these ties, which do not let the country grow with freedom,” he said.

Thinking about the contribution that the airline industry owes to the Brazilian economy, the director of Safety and Flight Operations of the Brazilian Association of Airlines (Abear), Ruy Amparo, stressed the work of simplification, as well as regulatory compliance. “We are moving towards a much-desired international alignment, without generating any insecurity. It is something that will last,” he declared. The speech was endorsed by the president of the Board of Representatives of International Airlines of Brazil (Jurcaib), Robson Bertolossi. 

The regulatory changes were presented by a multidisciplinary team from the Deparment of Air Services (SAS). Among the changes, are the publication of ANAC Resolution No. 692, dated September 21, 2022, and the Brazilian Civil Aviation Regulation (RBAC) No. 129, which reduced the bureaucracy related to the submission of documentation for the certification of new companies (available only in Portuguese).

Under the rules, foreign companies are exempted from prior operating authorization, being able to register directly with the Board of Trade and deal with the operating authorization at ANAC. This exemption has led to a reduction in the operating authorization period from 270 to 30 days. Read more about documentation reduction for new companies.

Another facilitation was the reduction in the criteria for establishing code sharing between Brazilian and foreign companies. Now, companies that wish to do codeshare need only register this information with ANAC, respecting the international understandings in force.

An opportunity that has not yet been explored is the possibility of foreign companies carrying out operations between locations within Brazil. This modality can occur when there is no national company able to operate the destined route. The possibility aims to supply emergency situations or a certain lack of air service. In this specific case, foreign airlines must request these operations, subject to exceptional authorization from ANAC, which defines the duration of operations and the locations that can be served.

The full video of “Fly Brasil: Simplifying market access” is available on ANAC’s YouTube channel and can be watched at any time, with audio in English available at https://www.youtube.com/watch?v=eSf52A06ncQ&t=3219s