Ministry of Infrastructure Creates Commission to Regulate the Aeronautical Code

Following the significant amendments to the aeronautical legislation introduced by Emergency Decree 70/2023 (click here for our comments), the Secretariat of Transportation—under the Ministry of Infrastructure—issued Resolution 6/2024, published in the Official Gazette on February 7, 2024. The resolution established the creation of the Commission for the Regulation of the Aeronautical Code within the Undersecretariat of Air Transportation.

The Resolution considered that the modifications to the Aeronautical Code, ordered through the Emergency Decree, require new implementing regulation, in accordance with international standards in commercial affairs. At the same time, it emphasizes the importance of pursuing a technical and regulatory consensus among different actors with various competences and responsibilities in the field, to enhance assessment from an interdisciplinary perspective between both public and private sectors.

On this basis, the purpose of the Commission will be to draft a new regulatory text for the Aeronautical Code that contemplates the amendments in the Emergency Decree. To this end, the Resolution openly invites the industry and its different actors to participate and appoints Hernán Adrian Gomez as the Commission coordinator. Gomez and the other members will act ad honorem.

The Commission must provide the Secretariat a progress report within 180 days as from the date the Resolution is published.

In addition, the regulation specifies that the creation of the Commission will not imply a budgetary outlay for the Federal Government.

Further, the Executive Branch issued Decree 195/2024, published in the Official Gazette on February 26, 2024, ordering the closure of the Ministry of Infrastructure and the transfer of its organizational units and employees—with their positions and appointments—to the Ministry of Economy. Thus, as from this Decree, the Secretariat of Transportation and its Undersecretariats and dependencies—including the new Commission for the Regulation of the Aeronautical Code—will operate under the scope of the Ministry of Economy; and this portfolio will oversee air, railroad, automotive, fluvial, and maritime transportation matters.