New Framework in the Ground Handling System in Argentina
The new regulatory framework in Argentina intends to open up the ground handling service market and encourage competition among companies that want to provide the service for airlines. In a near future airlines will not have to deal with the company with the monopoly in all the airports in the system but instead will be able to choose between different providers or even manage it independently.
By Decree No. 599 of July 8, 2024, the open skies policy was established, based on the principles of free access to markets, commercial loyalty, tariff deregulation, strict protection of operational safety and aviation security, continuous operational surveillance of authorized services, the principle of state unity, contractual freedom, speed, direct communication, dynamism, comprehensiveness and efficiency, among others.
Through Resolution No. 326 of September 23, 2024 of the National Civil Aviation Administration (ANAC), approved the regulations for obtaining the certificate of provider of ground service for aircraft, in concordance with the Decree No. 599 of July 8, 2024.
That the aforementioned regulation, of a transitory nature, contemplated as possible providers of ground handling service for aircraft only air carriers in the format of self-provision or provision to third party carriers, but this was not enough.
That, in addition to carriers that freely choose to certify themselves under the format of self-provision or provision to third parties, a later regulation embraced any natural or legal person may provide operational airport and ground handling services in general.
On November 7th, 2024 the Secretary of Transportation signed the Resolution 49/2024 that approved a new and more wide-ranging regulation of access to the commercial air markets, and in particular, established the authorizations for operational airport and ground handling services in general. The authorities emphasized the role of the airport operator and the air carrier as essential participants for the success and agility of the system.
The new regulation grants commercial air authorizations to operate in the Argentine market to natural or legal persons with legal domicile in the country, as well as to foreign legal persons, while the responsibility and competence, including the certification and surveillance of operational safety management, corresponds to the aeronautical authority.
Other important aspect is the deregulation of the rates imposed by the National State, dictated by the National Civil Aviation Administration (ANAC), leaving without effect the administrative acts that impose them and allowing the market, in healthy competition, to freely arbitrate prices.
The Resolution 49/2024 approved the “Process for granting commercial aeronautical authorizations for operational airport and ground handling services in general”, and provided that all authorizations to operate operational airport and ground handling services in general will have a duration of 15 (fifteen) years from issued and must be automatically renewed if operational safety standards are met.
The operational airport and ground handling services in general may include the following services, according to the scope requested:
I. Administrative assistance on the ground and supervision, including representation and liaison services with local authorities or any other person, expenses incurred by the user and the provision of premises to their representatives; control of cargo operations, messages and telecommunications; handling, storage, maintenance and administration of cargo units; any other supervision service before, during or after the flight and any other administrative service requested by the user.
II. Passenger assistance, including all forms of assistance to passengers on departure, arrival, in transit or in correspondence, in particular in the control of tickets and travel documents, the check-in of baggage and the transport of baggage to the sorting facilities.
III. Baggage handling, including the handling of baggage in the sorting room, its sorting, its preparation for boarding, and its loading and unloading from the systems intended to transport it from the aircraft to the sorting room and vice versa, as well as the transport of baggage from the sorting room to the distribution room.
IV. Cargo and mail handling, including: for cargo, whether export, import or transit, physical handling, processing of the relevant documents, customs formalities and any precautionary measures agreed between the parties or required by the circumstances; for mail, whether arriving or departing, physical handling, processing of the relevant documents and any precautionary measures agreed between the parties or required by the circumstances.
V. Assistance to ground handling operations, including: guidance of the aircraft on arrival and departure (provided that these services are not provided by the air traffic service); operation of passenger gangways or loading bridges; assistance to the aircraft for parking and provision of appropriate facilities (provided that these services are not provided by the air navigation service); communications between the aircraft and the ground handling agent (provided that these services are not provided by the air navigation service); loading and unloading of the aircraft, including the provision and use of the necessary facilities, as well as the transport of the crew and passengers between the aircraft and the terminal, and the transport of baggage between the aircraft and the terminal; assistance in starting the aircraft and the provision of appropriate facilities; movement of the aircraft, both on departure and on arrival, and the provision and use of the necessary facilities. Push back movement from the park position to the taxiing position; provision of elements for the descent and ascent of passengers to and from aircraft, and their movement in aeronautical facilities;
VI. Aircraft cleaning and service assistance, including: exterior and interior cleaning of the aircraft, toilet service and water service; air conditioning and heating of the cabin, cleaning of snow, ice and frost from the aircraft; conditioning of the cabin with cabin equipment and storage of said equipment; cleaning of cabins, toilets, renewal of waste treatment tanks and removal of waste. this item includes all supplies related to said tasks, including disinfestation, deodorization and disinfection of cabins.
VII. Fuel and lubricant assistance, including: the organisation and execution of fuel filling and defuelling, including storage and quality and quantity control of deliveries; the loading of lubricants and other liquid ingredients.
Rodríguez-Grellet Abogados
Buenos Aires-República Argentina
Attorneys Cecilia Rodriguez Grellet and Milagro Rodriguez Grellet
Contact: +54 1143228418, crg@rodriguezgrellet.com, mrg@rodriguezgrellet.com