New Amendments to the Aeronautical Code

Through Emergency Decree 338/2025, the Executive Branch is continuing the process initiated through Emergency Decree 70/2023 and followed through Emergency Decree 941/2024 (see our comments on “The Government upends the Argentine aeronautical policy” and “Government Makes New Amendments to Aeronautical Code”). The aim is to align the legal framework with international standards, as well as to promote competitiveness in the sector.

One of the implemented changes is the extension of the parties’ rights to register an aircraft in Argentina. Accordingly, article 42 of the Aeronautical Code now includes the possibility of registering any aircraft on a conditional basis if it is available through any type of contract–whether celebrated in Argentina or abroad–that transfers the quality of operator of the aircraft.

Article 99 was also amended, eliminating the requirement of Argentine nationality for management positions in companies established to operate domestic air transport services. Instead, it is now sufficient for the chair of the board of directors or administrative council, the managers, and at least two-thirds of the directors or administrators to be legally domiciled in Argentina. Regulations on the organization and accounting documentation of these companies were also eliminated (article 101).

Regarding the operation of regular or non-regular domestic transportation services, the new article 103 replaces the term “concessions” with “authorizations,” and provides that authorizations will be granted to operate any type of domestic route and/or combination of domestic routes. The authorization will be automatically extended, and operators must report their route operations, which must be authorized by the competent authority. Consequently, the text of article 104 was also updated to clarify that the operation of a route does not confer exclusivity.

Furthermore, article 106 was repealed. This article required Argentine nationality for personnel performing aeronautical functions in air commercial services, allowing the authorization of a percentage of foreign personnel under a gradual replacement process by Argentine personnel. Similarly, the text of article 107 was amended to eliminate the requirement that foreign-registered aircraft operating domestic air transportation services had to be crewed, assisted, and maintained by Argentine personnel.

Article 111 was also repealed. This article granted a right of preference for the National State in the acquisition of aircraft, spare parts, workshops, and facilities when a company ceased activities.

Regarding aerial work, the requirement to prove technical and economic capacity according to the relevant specialty was eliminated. Instead, a declaration of technical and economic capacity before the Aeronautical Authority will suffice (Article 131).

The scope of the Public Aerodrome Chief was readjusted, providing that their appointment will be mandatory only when the Argentine Aeronautical Authority technically determines it as a requirement (article 88).

Finally, in addition to the amendments to the Aeronautical Code, the Decree also introduced a modification in article 75 of the Argentine Civil and Commercial Code. Its new wording reincorporates the concept of electronic domicile, to streamline commercial activity and adapt the regulations to the globalization of the air transport market.