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19 January 2011
On December 7 2010 Resolution 79/2010 of the Regulatory Body for the National Airport System (ORSNA) was published in the Official Gazette. The resolution instructs Aeropuertos Argentina 2000 SA to implement the assignment of parking positions on airport ramps.
Pursuant to the new resolution, the assignment of 29 parking positions for Class C aircraft (25 remote positions and four positions with access to finger piers for embarkation/disembarkation) has been changed in accordance with the new layout of the City of Buenos Aires Jorge Newbery Airport.
The resolution sets forth that finger piers, as an operative resource, must be handled exclusively by the airport concessionaire that is in charge of controlling and coordinating operations and ramp activities (ie, Aeropuertos Argentina). Furthermore, taking into account that most operations will take place in remote parking positions, new criteria for the assignment of parking positions with access to finger piers must be established.(1)
In this respect, the resolution indicates that it is mandatory to guarantee objective distribution parameters for the assignment of finger piers, based on free access, non-discrimination and fairness in the use of airport infrastructure, in accordance with Article 14 of Decree 375/1997.(2)
In order to protect the interests of Argentine citizens, the ORSNA board of directors has instructed Aeropuertos Argentina to prioritise the assignment of finger piers to Aerolineas Argentinas and Austral. According to Laws 19.030 and 26.466, these carriers are designated as Argentine flag carriers.
It would appear that the spirit and wording of Resolution 79/2010 contradict the main principles of the Chicago Convention and those of the bilateral air services agreements signed by Argentina. This view is also shared by the Association of Carriers in Argentina, which has objected to the new resolution.
For further information on this topic please contact Elizabeth Mireya Freidenberg at Freidenberg Freidenberg & Lifsic by telephone (+54 11 4311 4991), fax (+54 11 4311 0852) or email (firstname.lastname@example.org).
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