The National Civil Aviation Agency (ANAC) (Executive Decrees 239/2007 and 1770/2007) is the authority regulating compliance with the Argentine Aeronautical Code (AAC), bilateral and multilateral international agreements to which Argentina is a party, and all matters regarding air transport, civil aviation and airport activities, as well as matters regarding the development of Argentina’s air policy.
Executive Decree 13/15 (the Ministerial Law), created the Ministry of Transport and this agency assumed the functions of the Secretary of Transport and the Undersecretary of Air Transport, including air policy and traffic rights.
As of 1 July 2009, the ANAC has jurisdiction over the following:
- operational matters;
- the granting of slots (in conjunction with the airport concessionaire in certain airports);
- the granting of traffic rights to the carriers;
- the granting of licences to technical personnel;
- technical certification of aircraft; and
- handling of the aircraft registry, the accidents investigation board and meteorology.
The basic aeronautical laws and regulations are Law No. 17.285, as amended by Law No. 22.390, and Executive Decree 326/82, which regulate the activities connected with the civil and commercial use of private aircraft, infrastructure, liability, insurance, contracts on aircraft, the National Aircraft Register, personnel, etc.
Article 2 of the AAC sets forth that when a matter is not contemplated within its norms, the matter has to be resolved by the general principles of aeronautical rules, uses, traditions and customs of the aeronautical activity. If the solution of the case remains confused despite the application of those rules, analogous laws and general principles of the law of the country should be applied.
Executive Decree 802/2018 created the Secretary of Tourism. This Decree provides that the Secretary will participate in the elaboration of the air transport policy only when it is related to a tourism matter.
Other air transport regulations include the following:
- Law No. 19.030, as amended by Law No. 19.534 (the National Policy on Commercial Air Transport);
- Law No. 26.102 Airport Security Police (PSA);
- Executive Decree 239/07, as amended by Executive Decrees 1770/2007 and 52/94, as amended by Executive Decrees 1012/2006, 2186/92, 1401/98 and 1470/97;
- Executive Decree 1364/90, regulated by Air Force Resolution 444/91; and
- Executive Decree 2145/73, as amended by Executive Decrees 480/94 and 698/01.
Argentine Civil Aviation Regulations (RAAC) approved by ANAC Resolution No. 3/2005, and many others also regulate air transport in Argentina.
As from 2015, unmanned aircraft have to be registered under the same procedures as conventional ones (ANAC Disposition 172/2015). The basic rules that govern their operation are as follows:
- ANAC Resolution 457/2016;
- ANAC Resolution 368/2019 (Annex I);
- Ministry of Finance Resolution 40.250/2016;
- the Argentine Civil and Commercial Code (Law No. 26.994); and
- the Argentine Aeronautical Code (Law No. 17.285 as amended).
Argentina has ratified the following multilateral conventions:
- Decree-Law No. 15.110/46 and Laws Nos. 13.891 and 25.622 (ratification of the Chicago Convention 1944);
- Law Nos. 22.028, 23.399 and 23.519 (ratification of the 1977, 1984 and 1980 Montreal amendments to the Chicago Convention);
- Law No. 14.111 (ratification of the Warsaw Convention 1929);
- Law No. 17.386 (ratification of the Hague Protocol 1955);
- Law No. 23.556 (ratification of the 1975 Montreal Protocols modifying the Warsaw and the Hague Conventions);
- Decree-Law No. 12.359/57 (ratification of the Geneva Convention 1948 on the International Recognition of Rights in Aircraft);
- Law No. 17.404 (ratification of the Rome Convention 1952 on Damage Caused by Foreign Aircraft to Third Parties on the Surface);
- Decree-Law No. 18.730/70 (ratification of the Tokyo Convention 1963 on Offences and Certain Other Acts Committed on Board Aircraft);
- Law No. 19.793 (ratification of the Hague Convention 1970 for the Suppression of Unlawful Seizure of Aircraft);
- Law No. 20.411 (ratification of the Montreal Convention 1971 for the Suppression of Unlawful Acts Against the Safety of Civil Aviation);
- Law No. 23.111 (ratification of the Rome Convention 1933 for the Unification of Certain Rules on Precautionary Arrest of Aircraft);
- Law No. 23.915 (ratification of the 1971 Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation);
- Law No. 25.806 (sub-regional agreement with Bolivia, Chile, Brazil, Paraguay, Peru and Uruguay (Fortaleza Agreement) for the exchange of traffic rights in routes outside of the scope of the bilateral air services agreements between those countries);
- Law No. 26.451 (the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal on 28 May 1999);
- Law No. 14.457 (ratification of the 1948 Geneva Convention on the International Recognition of Rights in Aircraft); and
- Law No. 27.357 (ratification of the Cape Town Convention.
With regard to Law No. 27.357 (ratification of the Convention on International Interests in Mobile Equipment and its Protocol signed at Cape Town, South Africa, on November 2001), Argentina has already deposited the accession document. The convention and protocol have been in force since 1 August 2018.
Argentina has also signed bilateral agreements on air transport services with the following countries, ratified by the following laws:
- Law No. 23.339 (Germany);
- Law No. 17.988 (Bolivia);
- Law No. 13.920 (Brazil);
- Law No. 23.453 (Canada);
- Law No. 25.834 (Korea);
- Law No. 25.836 (the Netherlands);
- Law No. 23.970 (Denmark);
- Law No. 23.426 (United States);
- Decree-Law No. 35.544 (Spain);
- Decree-Law No. 431/63 (Switzerland);
- Law No. 23.558 (France);
- Law No. 25.805 (Russia);
- Law No. 13.913 (Italy);
- Law No. 25.397 (Malaysia);
- Law No. 22.912 (Mexico);
- Law No. 25.621 (Mexico);
- Law No. 23.969 (Norway);
- Law No. 23.911 (New Zealand);
- Law No. 17.103 (Paraguay);
- Law No. 25.833 (the United Kingdom);
- Law No. 26.188 (China);
- Law No. 25.025 (Singapore);
- Law No. 24.237 (Sweden);
- Law No. 16.748 (Switzerland);
- Law No. 26.450 (Panama);
- Law No. 26.677 (Ecuador);
- Law No. 26.954 (Qatar);
- Law No. 26.956 (Turkey);
- Law No. 26.957 (Indonesia);
- Law No. 27.178 (the United Arab Emirates); and
- Law No. 27.357 (South Africa).
Memoranda of consultation have been agreed between Argentina and most of the countries with which it has signed the above agreements to amend or modify the ratified agreements.
Other memoranda of consultation have been signed with countries with which no bilateral air services agreements are in force.
In 2017 and 2018 Argentina also signed memoranda of understanding with Australia, Brazil, China, Colombia, Ethiopia, Finland, Greece, India, Israel, Italy, Japan, Kenya, New Zealand, Panama, Russia, Singapore, Switzerland, the United Arab Emirates and the United Kingdom.
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