Amendment to the Regulations of the Airports Law

On June 9, 2026, it was published in the Official Gazette of the Federation (“DOF") he "Decree reforming and adding various provisions to the Regulations of the Airports Law" (he "Decree“), which came into force on June 10, 2026. The reform introduces a new regulatory framework for airport capacity management and the allocation of landing and takeoff slots (slots) in Mexico.

KEY ASPECTS

New airport classification system and expansion of the regime slots.

The most significant change is the creation of a three-tier airport classification system: Tier 1 (sufficient capacity), Tier 2 (potential risk of saturation), and Tier 3 (declared saturation). Under the previous system, formal slot coordination only applied to aerodromes declared to be saturated. With the Decree, this system is extended to Tier 2 aerodromes as well, meaning that airlines operating at aerodromes with a potential risk of saturation will be subject to the general slot allocation rules.

Historical priority: simplified standard.

The decree simplifies the requirements for maintaining historical priority. Previously, airlines had to demonstrate a minimum occupancy rate of 80%. y not to have any attributable delays within 15 minutes of the assigned time. Now, it is enough to demonstrate the 80% occupancy in the equivalent previous season, eliminating the punctuality component. However, it must be confirmed that the new allocation bases of slots, whose publication in the DOF is expected no later than the beginning of September, do not reintroduce this requirement or an equivalent one.

Additionally, the schedule series is redefined: previously a minimum of 5 schedules were required in any season; now there are 5 in winter season and 7 in summer season, with periods subject to international standards. The rule of 50% The reserve fund for new entrants remains unchanged.

Discipline in the use of slots.

While the previous regime already contemplated the loss of historical priority due to improper use, the Decree introduces criteria for graduación based on the severity, intent, and recurrence of the behavior. Furthermore, the schedule coordinator (who previously only supervised and evaluated) now has the express authority to determine cases of misuse. This provides greater certainty to the sanctioning process, but also increases the risk for airlines that maintain slots without operating or operating at times significantly different from those assigned.

Expanded saturation criteria

The criteria for declaring an aerodrome saturated are being broadened. On the airfield, the causes now include not only a lack of runways or parking positions, but also taxiways, aprons, visual aids, and other related infrastructure. In the terminal building, access roads, parking areas, and passenger services are included as additional factors. In practice, this may facilitate saturation declarations, which could accelerate the transition of aerodromes to levels with greater regulation. slots.

The order of priority for flights remains unchanged (first, scheduled passenger flights; second, passenger charter flights; third, scheduled cargo flights; and finally, cargo charter flights). Likewise, the three-business-day deadline for resolving requests for slots.

NEXT STEPS AND TIMELINES

PRACTICAL IMPLICATIONS

Airlines must (i) verify the effective use of their slots to protect their historical priority under the new simplified standard; (ii) anticipate that currently non-saturated aerodromes could be subject to the slot allocation bases according to the new saturation criteria; and, (iii) strengthen their internal scheduling controls to avoid conduct that, under the new graduated criteria, could be classified as misuse and result in loss of historical priority.

_{If you require additional information, please contact the partner responsible for your matters or one of the lawyers mentioned below:}

^{Mexico Office:}     

^{Juan Carlos Machorro G.        jmachorro@s-s.mx     (Partner)}

^{Andrés Remis Cristóbal            aremis@s-s.mx}

^{Emilio Nicanor Gaytán López   emilio.gaytan@s-s.mx}