The Civil Aeronautics and Colombian Aerospace Force inform all air transport users that, due to the presentations and rehearsals before the International Aeronautics and Space Fair F-AIR Colombia 2025, operational closures will be carried out at the José María Córdova International Airport in Rionegro on the following dates and times:

Dates and times of the scheduled closures:

Preliminary rehearsals:
Wednesday, July 2 and Saturday, July 5
From 10:15 a.m. to 11:45 a.m.
From 2:45 p.m. to 5:15 p.m.
Rehearsal, Inauguration, and main aerial presentations:
Wednesday, July 9
From 10:15 a.m. to 12:45 p.m.
Thursday, July 10
From 11:00 a.m. to 12:00 p.m.

Aerial shows

Friday, July 11
From 10:15 a.m. to 11:45 a.m.
From 2:45 p.m. to 5:15 p.m.
From 6:50 p.m. to 7:10 p.m.
Saturday, July 12 and Sunday, July 13
From 10:15 a.m. to 12:45 p.m.
From 2:45 p.m. to 5:15 p.m.
From 6:50 p.m. to 7:10 p.m.

These closures have been coordinated with airlines and the regional aviation industry to adjust itineraries and ensure the safety of flights during these events.

All users with flights to and from Rionegro are advised to contact their airlines in case of any changes to their itineraries to avoid any travel inconveniences.

F-AIR Colombia 2017 airshow. (Credit: Loren Moss)

After Avianca and Viva repeatedly demanded speedy approval by the Colombian government for their deal, Viva abruptly ceased operations on the last day of February. Now, Avianca is no longer in such a hurry to consummate the deal, citing Viva’s deteriorated situation and the conditions imposed by Aerocivil.

If Viva remains shut down, Avianca has effectively eliminated its strongest competitor.

In a statement issued this morning, Avianca said (translated by Finance Colombia):

After having informed [the Colombian government] in 2022 about the acquisition of the economic rights of Viva Air by the controlling shareholders of Avianca (transaction covered by Resolution 10390 of 2015 of the Superintendence of Industry and Commerce) and having requested more than seven months ago the integration of both companies to the Civil Aeronautics -Aerocivil- in the framework of the evident financial crisis of the low-cost carrier, Avianca received yesterday the notification of approval with conditions by the Civil Aeronautics.

Given the operational, financial and technical implications of Aerocivil’s decision, Avianca will study the resolution and the implications of the measures set forth by the authority as soon as possible to determine the feasibility of complying with them. In this context, it should be noted:

• • • Viva Air no longer has the same capabilities – route network, planes, workers – that it had before the temporary suspension of its operations, a factor that must be analyzed in detail to determine the relevance of the conditions established by Civil Aeronautics.
    • As provided by the Civil Aeronautics, against this decision there is room for appeals and reinstatement not only by the parties involved but also by interested third parties recognized by the authority in the process (LATAM, Wingo, Ultra Air and Aerolíneas Argentinas), for which approval with conditions is not yet firm. Until that happens, Avianca is not empowered to intervene in the operational or financial situation of the Viva airline, nor will it be able to resolve, as required by the resolution, the situation of the users affected by the low-cost carrier.

Regardless of the foregoing and meeting the needs of users who have been affected by this situation, Avianca will continue to offer those with confirmed tickets alternatives for their relocation:

1. 1. 1. Free of charge until March 24, subject to seat availability and in order of arrival at the airport.
      2. Through special protection rates that allow seat confirmation.

To date and seeking to preserve the stability of the Colombian air system, Avianca has led the protection of passengers affected by Viva by having relocated more than 70,000 users on 103 routes (61,000 on the domestic Colombia and 9,000 on international routes), and has arranged five planes and has put 56 exclusive counters at the airports at the service of the situation.

The speed of the authority will be essential so that there can be a solution that allows safeguarding the existence of what remains today of the low-cost pioneer in Colombia.

The two airlines were dealt a blow after the April 2022 deal when Aerocivil in November rejected the merger on grounds of market dominance. Viva no longer had access to additional capital once the airline changed hands, leading to the repossession of several of its airlines, and in February of this year, a chaotic termination of operations, stranding passengers, abandoning employees, and (possibly irrevocably) destroying the airline’s brand trust.

But by this point, Colombia’s Ministry of Transportation, which Aerocivil reports to, had ordered Aerocivil to re-evaluate the acquisition based on technicalities in its original decision. The long-delayed final ruling was released at almost midnight, last night.

Still, Shareholders and certain executives of both Avianca and Viva are now facing civil charges from Colombia’s commerce regulator, and potential criminal charges for fraud from the attorney general—the latter due to the airline continuing to sell tickets for future travel once executives determined to shut down operations.

Last night, Aerocivil issued the following announcement (translated by Finance Colombia):

Faced with the request for pre-evaluation of a business integration presented by Avianca S.A., Viva Air and Viva Air Peru, Civil Aeronautics informs:

1. 1. On November 4, 2022, [Aerocivil] Civil Aeronautics, in accordance with the preceding procedures, objected to the application for integration in the terms that were presented because it considered it contrary to free competition and the condition of the company [Viva] being in difficulty was not proven.
   2. On January 18, 2023, through resolution 00079 of the Secretariat of the Aeronautical Authority of this entity [Ministry of Transportation], it was ordered to redo the administrative action and establish as a procedure for this type of request as enshrined in Law 1340 of 2009 with norms concordant to the tenor of extant consumer protection rules.
   3. The intervening companies, in the context of the new procedure, submitted a “final offer” of remedies to mitigate the underlying anticompetitive effects of the proposed transaction, which were the subject of analysis.
   4. The Directorate of Air Transport and Commercial Air Affairs of this entity carried out a detailed and technical study of the application submitted and, in turn, of the related remedies, to evaluate the viability of the solution, finding that the proposed ones failed to mitigate the effects of concentration, dominance and asymmetry derived from the transaction.
   5. Management took stock of the situation generated by the suspension of VIVA’s operations, its operational condition and the crisis that materialized in February, as well as the possibility of authorizing the integration by imposing a set of remedies that, from the point of view of competition, would mitigate the effects that current market agents and potential entrants would experience on behalf of the operation.
   6. As a consequence of the above, it was decided to authorize the integration, conditioning it to the fulfillment of various structural and behavioral remedies that guarantee, among others:
      1. That the rights of VIVA users be respected, that they be reimbursed for cancelled flight tickets and that those who have outstanding tickets be allowed to fly. In any case, they must respond to VIVA passengers affected by the unilateral decisions of the company to cease their operations.
      2. The return of the slots that imply aggravating the situation of concentration in the most demanded slots (prime) for both the Summer and Winter seasons, both in departures and arrivals, in order not to increase the barriers to [market] entry that this market generates access to the infrastructure of [Bogotá’s] El Dorado Airport
      3. Maintain the low-cost scheme of VIVA as an option in terms of air transport, which materializes options for air service users.
      4. The return of frequencies on the Bogotá – Buenos Aires route, which is particularly impacted.

Critical questions (and charges) remain:

The good news is that this provides in the short term, some certainty and a path for remedy for customers and travel agents affected by the recent chaos. The second immediate question is whether, with a damaged brand, repossessed planes, and key employees departed, Viva will continue to exist as a separate airline, or be absorbed into Avianca as many suspected all along?

The third question is what will happen to the Superintendency of Industry and Commerce investigation charges against Avianca and Viva, specifically Resolution 87164 of 2022 for “allegedly having participated in a business integration operation without the prior authorization of the SPECIAL ADMINISTRATIVE UNIT OF CIVIL AERONÁUTICA (hereinafter, AEROCIVIL).”

The agency, which is independent of Aerocivil and the Ministry of Transportation said in a statement:

“For this Superintendency, the acquisition of the economic rights of VIVA AIR and VIVA PERÚ by INVESTMENT VEHICLE 1 LIMITED, parent company of AVIANCA, could be sufficient to constitute a business integration or, at least, the beginning of the execution of the business integration between the aforementioned airlines. Operation that was not informed or authorized prior to its completion by the competent authority. Therefore, the investigated companies allegedly engaged in practices restricting free competition.”

Lastly, the Ministry of transportation Guillermo Reyes stated that he has submitted a criminal fraud complaint to Colombia’s attorney general for Viva’s management continuing to sell tickets to passengers and travel agencies once the decision had been made to shut the airline down.

Viva in a press release issued earlier this month, defends its actions, instead blaming Aerocivil for not approving the merger: “We want to be vehement, Aerocivil did not respond to our urgent calls in the face of the urgent need to define the alliance with Avianca, nor did our calls for notice of temporary suspension of operations, unlike what they are saying in the media about our misnamed ‘surprise’ anyone.”

Who is to blame? Will Viva fly again? Let us know in the comment section below.

Photos: Loren Moss

Avianca issued a statement saying “The company understands and shares that the priority is the well-being and health of both passengers and crews. Therefore, it will be attentive to the definitions of the national government and will continuously review the feasibility of the resumption of operations.” Passengers should contact the airline immediately to arrange for refunds or modifications to travel itineraries.

Over the weekend, the Colombian government decided to suspend the entry of flights from the United Kingdom immediately, either direct or by connection; and it will only allow the entry of travelers in the following cases:

• Colombians and foreigners with permanent residence in Colombia, that is, holders of a migrant visa, resident visa or courtesy visa and their beneficiaries in the country. These passengers must comply with the sanitary measures adopted by the Ministry of Health and Social Protection for this purpose.
• People belonging to diplomatic bodies duly accredited in the country.
• Foreigners who start their flight to the country before the effective date of the resolution.
• The crew of the aircraft.

The government also resolved that inadmissible foreigners must return to the country of origin immediately upon arrival, placing responsibility with the airline to arrange return on the next flight with the return costs of the inadmissible passengers assumed by the airline, in accordance with the provisions of Decree 1067 of 2015.

The health ministry also indicated that in cases where the final destination of the passengers who are allowed to enter the country does not correspond to the point of entry into the country, the transfer to the final destination will be made with all biosecurity measures and conditions. of transit and / or connection established by the Ministry of Health and Social Protection and the Special Administrative Unit of Aerocivil (Civil Aviation Authority).

Recent international arrivals to Colombia

Isolation and a 14 day quarantine is mandated for people in transit who boarded before the adoption of the measure and who enter the country, by air. These passengers are ordered to report immediately to local health authorities if they present COVID-19 symptoms. If symptoms appear during transit, such as while onboard an aircraft, they must immediately inform the crew and comply with the prescribed protocols.

For those people who entered Colombia on or after December 12, they must also carry out a 14-day quarantine, and they will be evaluated by the EPS (health plan), or the territorial entity in the case of travelers who are not members. For those who entered between December 5 to 11, symptoms will also be monitored.

The new genetic mutation

Colombia’s health ministry issued a communiqué explaining that in the case of Colombia, two lineages or genetic variants of the virus have been detected circulating, and 12 sub-lineages have been recognized, that is, the virus that infects Colombians is not necessarily the same as that of other countries, therefore, local viruses are recognized, as well as global genetic variants of SARS-CoV-2.

The new variant that has been recognized in the United Kingdom, identified as VUI-202012/01 is defined by a set of 17 changes or mutations, with one designated as N501Y being significant as it modifies the “spike” protein, which virus uses to bind to the human ACE2 receptor.

Changes in this part of the protein can, in theory, although the evidence is not yet sufficient, make the virus more infectious and spread more easily between people. Rapid spread of this new lineage has been reported in the UK, although for now there is no evidence that this makes the virus more lethal than the

Because the airline is not carrying passengers during the national curfew, it has taken the unusual step of utilizing the aircraft passenger cabins to increase the capacity per flight. This way, the airline will be able to transport, depending upon the route, more than 20 tons per flight distributed in the cargo hold or ‘belly’ of the plane (8,438 kg), in the utility compartment (1,360 kg), in the passenger chairs (10,090 kg) and under seats(972 kg).

“Challenging moments bring innovative ideas and at Viva we reinvent ourselves and find opportunities in changing times, such as the one we are experiencing today due to Covid-19. For this reason, thanks to the joint work of different areas of our company and the permits that Civil Aviation and Airbus, the manufacturer of our aircraft, have granted us, we can operate this type of flight that contributes to society and, in turn, make possible our purpose to continue connecting the country with various causes and in different ways,” said Félix Antelo, CEO of Viva Air Group.

The first flight operated this wqay took place last Monday flying from Bogotá to Riohacha, Colombia, which transported 15 tons of food and 576 school kits to La Guajira and 576 school kits that weighed approximately 3.5 tons, additional. This initiative was led by the Viva Air Foundation in alliance with the Colombian Ministry of Education, the International Organization for Migration and ABACO, the Association of Food Banks of Colombia.

“We remain committed to the country and stand in solidarity with the causes that they contribute to society. Within the framework of this great invention, we have led this indispensable work for the most vulnerable communities in Colombia,”said Mónica Gil of the Viva Air Foundation.