Provisory Measure 1089 – CBA Reform – Part 4

Por Lucas Bernardes.

Provisory Measure 1089 restructured the rules on airport operation and aeronautical/airport fees. Please find below the main changes:

• The authority to regulate all fees applicable to utilization of airport infrastructure has been expressly granted to ANAC.
• The definition and scope of the airport fees – including boarding, landing, connection, and storage fees, among others – have been removed from the Federal Law nr. 6,009/73.
  • NOTE: The elimination of the concepts from the law will grant more flexibility for ANAC to implement changes in the legal framework and the way airport fees are structured and collected in Brazil.
• Past due airport fees unpaid for more than 30 days will be subject to monetary adjustment and late fees of 1% per month.  Also, the airport operator will be authorized to pursue payment of fees in advance, before utilization of the airport infrastructure and suspend the utilization of the airport services, including its equipment and facilities.  The conditions for the suspension of the authorization to utilize airport services will be regulated by ANAC.
• Penalties for lack of payment of air navigation fees have been changed.  In case the delay exceeds (a) 30 days, the debt will be monetarily adjusted and subject to late fees of 1% per month; (b) 120 days, the right to register flight plans will be suspended until payment of the debt.  Other penalties have been excluded from the Federal Law nr. 6,009/73.

The Congress will have to ratify this legislation by the end of February (extension for another 60 days may apply), otherwise it will lose its effects. Congress can also modify any of the rules implemented by the Provisory legislation.

This article is for general informational and educational purposes.  It is not intended as and does not constitute legal advice or legal opinions and should not be used as such.  You should not act or rely upon any information provided herein without seeking the advice of a lawyer.