Concession of Public Service for Internal Regular Air Transport of Passengers, Cargo and Mail

On the 18th of January 2023, Decree-Law n.º 5/2023, of 17th January, came into force, which regulates the bases for the concession of the public service for internal regular air transport of passengers, cargo and mail, as well as  the basis of public service obligations.

The aforementioned legal diploma provides for the possibility, through a tender and the consequent conclusion of a concession contract, for one or more air carriers to operate regularly on a route, on a set or on all national internal routes, as well as the possibility of concession under a of exclusivity when the public interest and/or the costs and benefits justify it.

All certified and validly licensed air carriers operating or intending to operate on Cape Verde’s internal air routes are subject to the aforementioned legal diploma.

Moreover, under the terms of the same legal diploma, a number of aspects are regulated, including:

• The possibility of remuneration for the concession, either through financial compensation to the concessionaire, or through payment of an income to the granting entity;
• Compulsory civil liability insurance; insurance relating to concession risks; civil liability insurance to cover material and bodily damage caused to third parties; etc.

Finally, with regard to public service obligations, the Decree-Law in question provides for the possibility of imposing the blockade up to seventy-two hours before departure of the flight, to and from Santiago and São Vicente, a maximum of three places for the transport of patients evacuated by medical order.