Brazilian National Civil Aviation Agency temporarily changes slot rules due to coronavirus

Due to the cancellation of flights caused by the coronavirus (Covid-19) pandemic, the Brazilian Civil Aviation Agency (ANAC) has introduced a measure to disregard the cancellation of arrival and departure schedules at coordinated airports (slots) from the calculation of the regularity index to accrue the historic right to slots by airlines. The initial suspension had been determined until October 24, 2020, but the Agency extended the measure until the next season, which ends on March 27, 2021.

According to ANAC’s Resolution No. 338, published on July 22, 2014, which regulates the slot allocation procedure, the main criteria for maintaining slots allocated to airlines at coordinated airports are:  the operational records of the airline, regularity, and efficiency, which encompasses the performance in the period of usage of slots in the past. Consequently, in the event of usage below the minimum regular standard – which is 80% for coordinated airports, except for the Congonhas Airport, which is 90% – an airline could lose its allocated slots.

The measure introduced by ANAC, therefore, allows airlines to discontinue flights with no passengers without impacting its regularity in the usage of slots and thus avoiding their loss. The waiver provided until March 2021 only applies to historical slots, as long as they are returned up to four weeks before the operation. In other cases, Resolution No. 338 remains in force.

The measure was published through a press release and can be accessed here in Portuguese.

For further information, contact Mattos Filho’s Aviation practice