Argentina Overhauls Aeronautical Code to Deregulate Aviation Market
The Argentine government has formalized the reform of the Aeronautical Code through Emergency Decree (DNU) 338/2025, with the aim of modernizing, deregulating, and opening Argentina's air transport market. The regulation modifies key articles of Law No. 17,285, in force since 1967, and aligns with the Open Skies Policy promoted by the administration of Javier Milei.
According to the Executive Branch, the changes aim to remove bureaucratic barriers, align the legal framework with international trends, and facilitate competition in the aviation sector, for both airlines and aerial work operators.
Among the most significant aspects of the decree is the possibility to register aircraft under more flexible contractual terms, allowing them to be registered in the name of an operator through contracts executed either domestically or abroad, provided they are recorded in the National Aircraft Registry and meet the requirements of the Aeronautical Code.
In addition, the requirement that two-thirds of the board members of operating companies be Argentine nationals is eliminated, although the legal domicile in the country must still be maintained. The role of the public aerodrome chief is also redefined, with their appointment being required only where technically determined by the National Aeronautical Authority.
From an operational standpoint, articles 103 and 104 are modified to stipulate that authorizations to operate domestic routes will be general, not for specific routes, and will be valid for up to 15 years with automatic renewal. Only notification to the competent authority is required, removing the need for prior Executive Branch approval.
Another notable change allows the use of foreign-registered aircraft, without the previous requirement that they be crewed or serviced by Argentine personnel. The obligation to employ national aeronautical personnel in commercial air services is also eliminated.
The government has also repealed the article that granted the State preemptive rights to acquire assets from defunct airlines, such as aircraft or spare parts.
Regarding aerial work services, article 131 has been replaced to streamline the authorization process, requiring only a declaration of technical and economic capacity, without prior evaluation by the aeronautical authority.
The Civil and Commercial Code is also updated to allow contract parties to establish an electronic domicile, where all notifications and summons will be considered valid, facilitating cross-border operations.
The decree also refers to the need to comply with international standards required by the International Civil Aviation Organization (ICAO) and cites an upcoming audit by the body as one of the reasons for the urgency of the measure.
“The State’s excessive bureaucratic activity has hindered the economic development of the sector,” argues the decree, which states that the changes will help align national legislation with comparative law practices and promote investment.
With this reform, the Executive states it aims to consolidate a more agile, open, and competitive regulatory framework for civil aviation, reducing state intervention in favor of a “model based on free trade and market openness.”
AUTOR
Contando la aviación desde marzo del año 2000. Fundador y Managing Editor de Aviacionline. Base: ROS Origen: RES
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