Domestic and General Commercial Flights Resumed

By means of Resolution No. 221/2020, the Ministry of Transportation repealed Article 3 of Resolution No. 64/2020 dated March 18, 2020 by which domestic and general flights were suspended initially until March 24, 2020 following the outbreak of COVID-19.

The Ministry extended the measure by way of Resolutions No. 71 and No. 74  as long as the social, preventive and mandatory isolation, or lockdown order, stipulated in Necessity and Urgency Decree (“DNU” after its acronym in Spanish) No. 297/2020 from March 2020 continued.

However, in the last DNU No. 792/2020 that extended the lockdown, the Argentine Government authorized the use of the intercity and interjurisdictional public passenger transportation service for workers and service providers deemed essential under the regulation and for individuals, and their caregivers, seeking medical attention. In addition, the Chief of Ministers was authorized to extend or lift the authorizations provided for in the DNU, after the intervention of the Ministry of Transportation, provided applicable protocols are approved by the national health authority.

The Ministry of Transportation lifted the absolute flight suspension under the belief that domestic flights are strategic for the development of the country’s regional economies and are complementary to other productive activities; thus, their reactivation is essential to progressively and gradually return to normal. Similarly, it deemed that the suspension had gone on long enough to facilitate clear health control guidelines on domestic flights, which will allow the implementation of health protocols designed for such services.

To comply with circulation restrictions in the social, preventive and mandatory isolation, or lockdown, and social distancing order established under DNU No. 792/2020, the Ministry’s Resolution requires that all passengers who intend to board a flight carry a “COVID-19 Emergency Circulation Certificate.”

On the other hand, the Resolution also establishes that the National Civil Aviation Administration (the “ANAC,” after its acronym in Spanish) must approve the hourly schedules of commercial domestic flights, in conjunction with the Governors of the provinces and the Head of Government of the City of Buenos Aires, while also taking into account the epidemiological situation of each area of the country as determined by the respective health authorities.

Finally, the authorities of the jurisdictions and national public sector agencies must stipulate the necessary control procedures to ensure compliance with the standards set forth in DNU No. 792/2020, the protocols in force, and the standards contained in the framework governing the health emergency.

In this sense, the Resolution establishes that as flights resume, relevant transportation service operators must have procedures and protocols in place that are consistent with the guidelines and recommendations of the Ministry of Health ─the implementation of which will be overseen by the ANAC.