Amid FAA audit, Argentina modifies Aeronautical Code by decree

Sede de la ANAC en Buenos Aires

Argentine Government has issued Decree 941/2024, which introduces key modifications to the country’s Aeronautical Code (Bill N° 17.285) in response to the unresolved findings from international audits that highlighted severe deficiencies in compliance with aviation safety standards.

This decision is based on the results of the International Civil Aviation Organization (ICAO) and the Federal Aviation Administration (FAA) of the United States, which detected insufficient levels of compliance in several critical areas. These findings could lead to the country potentially losing Category I status under the IASA (International Aviation Safety Audit) Program.

One of the most important changes is the strengthening of the powers of the National Civil Aviation Administration (ANAC), which will now have the authority to dictate and regulate operational safety standards in the civil aviation sector. ANAC will also be able to delegate certification functions such as medical certification, airworthiness, and other key areas to external entities, while ensuring compliance with international regulations. This will allow the aviation authority to optimize oversight and control of aviation operations.

The new decree also establishes that ANAC may conduct thorough inspections of individuals, aircraft, and crews before, during, and after flights, with the aim of ensuring operational safety. In case irregularities are detected, the authority may prevent aircraft from flying if they do not meet legal or regulatory requirements, as well as revoke licenses of personnel who do not follow established procedures.

Another important change is that ANAC will now be able to delegate certain functions to private individuals or entities, such as the certification and oversight of aerodromes, airport services, and air navigation services. This measure, achieved through the elimination of Article 108, aims to streamline processes and ensure compliance with strict international safety and control standards.

Regarding sanctions, the decree updates the system of fines and penalties for those who violate the Aeronautical Code’s regulations. The sanctions range from warnings to monetary fines, temporary or permanent disqualifications, and the suspension or revocation of authorizations to operate air services. Depending on the severity of the infraction, fines may reach up to 300 Argentinos Oro (approximately 190,000 USD), a measure intended to strongly deter non-compliance.

The Decree 941/2024, which takes effect immediately upon its publication in the Official Gazette, emphasizes the urgency of these modifications due to the poor results obtained in the international audits of 2022 and 2024. In both evaluations, Argentina received scores below the global average, particularly in critical areas such as civil aviation organization and aircraft operations. The lack of progress in addressing these findings forced the Executive Branch to intervene swiftly to prevent further deterioration in the country’s aviation safety standards.

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