Key data
| Regulation | Agreement on Air Transport between the Kingdom of Spain and the Republic of Chile, done in Montreal on October 1, 2022 |
|---|---|
| BOE Publication | July 28, 2026 |
| Definitive entry into force | August 10, 2026 |
| Provisional application from | March 6, 2024 (BOE no. 58) |
| Affected parties | Spanish and Chilean airlines, air cargo operators, passengers on Spain-Chile routes |
| Category | Regulatory Changes — Bilateral Air Transport |
| Year | 2026 |
Airlines and cargo operators connecting Spain and Chile have had, since August 10, 2026, a full and definitive legal framework under which to operate. The Agreement on Air Transport between the Kingdom of Spain and the Republic of Chile, signed in Montreal on October 1, 2022, completes its ratification process following the exchange of diplomatic notes between both countries.
Until now, companies operated under the provisional application of the agreement, in force since March 6, 2024 (BOE no. 58). The definitive entry into force does not alter day-to-day operational conditions, but it eliminates the legal uncertainty that accompanies any provisional regime.
What does this regulation establish?
The agreement is a bilateral aeronautical treaty that sets the complete regulatory framework for the operation of air services between Spain and Chile. Its pillars are:
- Traffic rights: determines which routes airlines from each country can operate and under what conditions.
- Airline designation: establishes the procedure by which each State authorizes its companies to operate the agreed services.
- Route operation conditions: regulates aspects such as capacity, frequencies, fares, and competition on transatlantic routes between both countries.
The agreement replaces and consolidates the regime that had been applied provisionally since March 2024. The essential difference between provisional application and definitive entry into force is full legal certainty: the rights and obligations derived from the agreement no longer depend on the political will to maintain provisionalness, but rather have the force of a fully ratified international treaty.
| Aspect | Provisional application (from Mar. 2024) | Definitive entry into force (from Aug. 10, 2026) |
|---|---|---|
| Legal basis | Provisional, revocable | Full international treaty |
| Legal certainty | Limited | Full |
| Operational conditions | Applicable | Applicable (no changes) |
| Traffic rights | Provisionally in force | Definitively consolidated |
| Airline designation | Provisionally in force | Definitively consolidated |
Economic and operational impact
For airlines and cargo operators, the definitive entry into force has concrete practical consequences:
- Long-term planning: with a fully ratified treaty, companies can commit investments in routes, fleet, and slots with greater legal confidence.
- Negotiation of commercial agreements: code-share contracts, interline agreements, and strategic alliances between Spanish and Chilean airlines are now supported by a stable framework.
- Air cargo operators: the consolidation of the agreement strengthens predictability in market access conditions for cargo transport on Spain-Chile transatlantic routes.
- No immediate additional cost: the regulation does not introduce new fees, tariffs, or direct economic requirements. The impact is one of legal certainty, not new economic burden.
Who does it affect?
- Spanish airlines that operate or plan to operate direct or connecting routes between Spain and Chile.
- Chilean airlines with services to Spain or with traffic rights over Spanish territory.
- Air cargo operators that use Spain-Chile routes for cargo transport.
- Handling companies and airport services at airports with Spain-Chile traffic (mainly Madrid-Barajas and Barcelona-El Prat).
- Export and import companies that depend on air cargo transport between both countries.
- Frequent travelers and companies with international mobility in the Spain-Chile corridor, who benefit from the stability of the regulatory framework.
Practical example
A Spanish airline operating direct flights Madrid-Santiago de Chile had been doing so since March 2024 under the provisional application of the agreement. In practice, its daily operations do not change on August 10, 2026. However, its legal department and commercial management do notice the difference:
Before that date, any decision to increase frequencies, open new routes, or negotiate a code-share agreement with a Chilean airline was supported by a provisional framework that, in theory, could be modified or suspended. From August 10, 2026, those same decisions are made on the basis of a fully ratified international treaty, with the stability and legal enforceability that implies. For an investment in new fleet or route expansion, that difference can be decisive when obtaining financing or closing agreements with Chilean partners.
What should companies do now?
- Review current contracts and agreements: if you have operation, code-share, or cargo service contracts on Spain-Chile routes signed under the provisional regime, verify that their wording is compatible with the definitive framework of the agreement.
- Update internal legal documentation: legal departments should reflect in their records that the agreement has moved from provisional application to full force as of August 10, 2026.
- Take advantage of legal certainty for planning: if you had investment decisions or route expansion pending due to uncertainty of the provisional regime, this is the time to reactivate them.
- Inform Chilean partners and clients: communicate to your counterparts in Chile that the regulatory framework is now definitive, which can facilitate negotiation of new commercial agreements.
- Consult an aeronautical law specialist: if your company has complex positions on these routes (fifth freedom traffic rights, multilateral agreements that include the Spain-Chile corridor), verify with an expert how the full force of the agreement affects your specific situation.
Frequently asked questions
When does the Spain-Chile air transport agreement enter into force definitively?
The agreement enters into force definitively on August 10, 2026, after the exchange of diplomatic notes between Spain and Chile is completed. Until that date, airlines operated under the provisional application in force since March 6, 2024 (BOE no. 58).
What is the difference between provisional application and definitive entry into force?
Provisional application allowed operation under the agreement's provisions, but with a revocable legal basis. Definitive entry into force provides full legal certainty: rights and obligations are enforceable as a fully ratified international treaty, providing greater stability for long-term investments, contracts, and commercial agreements.
Do operational conditions for airlines change on August 10, 2026?
There are no changes in day-to-day operational conditions. The routes, frequencies, traffic rights, and airline designation that were already in force under the provisional regime are maintained. The change is of a legal nature: the framework moves from provisional to definitive.
What operators does this agreement affect besides passenger airlines?
The agreement also affects air cargo operators that use Spain-Chile routes for cargo transport, as well as handling companies, airport services, and exporters and importers that depend on air transport in this transatlantic corridor.
Where can I consult the official text of the Spain-Chile air transport agreement?
The official text is available in the BOE (reference BOE-A-2026-16354), published on July 28, 2026. The provisional application was published in BOE no. 58, of March 6, 2024.
Official source
Consult complete regulation in official source
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-16354