ANAC’s new Slot allocation regulation
On July 22, 2014, Brazil’s National Civil Aviation Agency (ANAC) published Resolution nr. 338/2014, regulating the procedures for allocation of aircraft arrival and departure times (‘Slots’) at those airports classified as being ‘coordinated’. The aim of this measure is to reduce the adverse effects of maximum use of the airports’ infrastructures, thereby improving their efficiency and avoiding flight delays.
ANAC will be responsible for establishing which airports are to be considered ‘coordinated’ and which will therefore be affected by this Resolution. The basis of the analysis will be the level of use of each airport, or commitment to use of the airport’s runways, apron or terminal. An airport may be considered ‘coordinated’ when: (i) the limitation on its capacity is so serous that this restricts access or causes significant flight delays; and (ii) its use is compromised due to the behavior of the airline companies, the airport operator or the group responsible for air traffic control. Furthermore, as a result of emergency situations, ‘Acts of God’ or as a measure taken in the public interest, ANAC may declare airports to be ‘coordinated’ even though they may not necessarily be operating above their capacity or suffering from problems connected to their use.
The declaration that an airport be classified ‘coordinated’ may be requested, with the proper grounds being cited, by airline companies, by the airport operator, or by the group responsible for air traffic control. Based either upon a request or acting upon its own initiative, ANAC will issue an explanatory document establishing coordination of the airport, whilst cancellation of this document will depend entirely upon ANAC’s discretion.
Within the process involved in the allocation of Slots, the declaration relating to the airport’s total capacity should be taken into account. Amongst the allocation stages are: (i) requests for Slots by the airline companies; (ii) approval of the Slots; and (iii) initial allocation of the Slots, based upon the airport’s previous activities and the new requests, including those arising from the so-called ‘banco de Slots’ (‘list of Slots’), which outlines those Slots available once the initial allocation has been made.
Flights for emergency, military or rescue purposes, for the transportation of vital organs designated for transplants, and for the transportation of Heads of State or Government, will not be regulated by the allocation of the Slots.