On April 27, 2026, the National Gas Regulatory Authority (“ENARGAS”, by its acronym in Spanish) issued Resolution No. 435/2026 (“Resolution 435”), approving a new regulatory framework for authorizations under section 16 of Law No. 24.076 –referred to the construction of large-scale works carried out by gas transportation and distribution companies– (the “Rules”). In this regard, Resolution 435 supersedes the previous rules, issued by the ENARGAS through Resolution No. I 910/2009 (“Resolution 910”).
The main changes introduced by the Rules are as follows:
Resolution 435 enables the use of an ENARGAS web-based application for the submission of authorization and submission forms within the project approval process. The same system will be used for uploading technical information that must subsequently be notified to ENARGAS.
The Rules classify projects as “Large‑scale” or “Non‑Large‑scale”. The latter category expands the range of projects exempt from prior authorization, maintaining the general structure of the previous framework, by including isolated facilities within the system, such as pressure‑reducing plants, metering stations, odorization facilities and scraper traps. It also extends to thirty (30) calendar days the deadline for distribution companies to respond to requests from sub‑distributors or third parties regarding their priority to carry out the construction, as well as the operation and maintenance, of the project.
Moreover, Resolution 435: (i) introduces the contracting party as a financing party, (ii) requires increased transparency regarding economic viability, and (iii) replaces the previous scheme with a new digital system.
Another change introduced by Resolution 435 relates to the time limit for notifying ENARGAS of the suspension or halt of projects. The Rules do not establish a specific deadline; instead, they require the distribution company to inform ENARGAS of the project’s status and the reasons underlying such situation. At the same time, the Rules grant ENARGAS the authority to revoke project authorizations where (i) the project has not been initiated by the authorized entity, (ii) any delays have not been duly justified, and (iii) a third party expresses interest in continuing the project.
The Rules maintain the obligation to preserve the compensation granted to the contributing user until it is fully exhausted, while extending the period for the incorporation of new beneficiaries from two (2) to ten (10) years.
Sub-Annex I of the Rules introduces new requirements applicable to authorization requests, including the submission of a supply feasibility confirmation by the transporter/distributor and authorization to connect to its systems, together with information on gas availability for the project. It also reduces the project evaluation horizon from thirty-five (35) to ten (10) years, thereby modifying a key parameter of the economic analysis.
The criteria for justifying contributions in non-viable projects remain in effect, as set forth in Resolution 910, but now include additional procedural requirements. Sub-Annex V of the Rules introduces a mandatory web-based application, replacing the individual cash flow models. It also replaces the use of average costs derived from tariff margins with actual marginal costs based on affidavits submitted in accordance with Resolution No. 1976/2000.
Lastly, applications submitted prior to the entry into force of Resolution 435 will continue to be governed by the rules set forth in Resolution 910 and its complementary regulations.
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For more information, please contact Nicolás Eliaschev, Javier Constanzó, Milagros Piñeiro, and/or Fermín Bartos.