Following an evaluation of the Air Services Regulation published in 2019 and an impact assessment launched in 2021, the Commission identified targeted adjustments to respond to recent shifts in market dynamics in the sector, such as the demand for a more sustainable aviation (i.e. decarbonisation of the sector by 2050), the impact of COVID-19 pandemic and Russia’s military aggression against Ukraine. In light of these, the Commission concluded that it has to go forward with the development of a new proposal to update the regulation to the new market realities.

European Commission calls stakeholders to contribute to shaping the proposal

As an initial step of the legislative process, DG MOVE opened an official call for feedback inviting European stakeholders to provide comments on a set of policy options preliminarily identified by the Commission. One of the policy options identified by the Commission that is most relevant for business aviation is ‘’promoting environmentally sustainable connectivity by providing clarifications to the regime for flight bans on environmental grounds’’, to support the use of targeted and effective tools to address climate change problems. In its problem identification the Commission recognised the difficulties in implementing environmental flight bans as Member States may face practical difficulties in implementing restrictions of traffic rights on environmental grounds, as restrictions on the freedom to provide services are necessarily limited to ensure non-discrimination, avoid distortion of competition, and not be more restrictive than necessary.

EBAA opposes a short sighted approach to air connectivity

EBAA submitted a comprehensive response to the European Commission’s Call for Evidence, making clear that the specific needs of business aviation must be properly reflected in the future proposal.

Regarding the policy option on air traffic rights restrictions on environmental ground, EBAA warned against a short-sighted approach to air connectivity, arguing that restrictive measures risk undermining connectivity, regional cohesion, and business continuity, while offering limited environmental gains. In particular:

• 73% of business aviation routes in 2024 had no commercial alternative, often serving regions with poor rail or airline access.
• Curtailing such flights would disproportionately affect decision-makers, investors, and emergency mobility, with consequences for Europe’s economic competitiveness.
• As the evidence from the Frankfurt airport shows, curtailing short-haul flights, even when a rail alternative exists, can result in a higher environmental footprint as freed slots are then likely allocated to longer flights, which leads to an increase in GHG emissions induced by flights from/to the airport into question.

EBAA called for a balanced approach, supporting decarbonisation through Sustainable Aviation Fuel (SAF) and innovation, rather than by suppressing essential connectivity.

Making the regulation work for SMEs

In response to the policy option focusing on addressing insufficient financial and regulatory resilience in the face of disruptions and crises, EBAA highlighted that most business aviation operators are small and medium-sized enterprises, which face unique vulnerabilities during disruptions. EBAA urged the Commission to:

• Allow greater flexibility in capital requirements.
• Offer targeted safeguards and financial support for SME operators.
• Recognise the role of business aviation in strategic and crisis-response transport.

Safeguarding competitiveness of aviation in a burdensome regulatory environment

With regards to the policy option “Adopting safeguards to address a potential lack of competitiveness’’, EBAA raised concerns that recent regulatory developments, especially the ReFuelEU Aviation Regulation, place disproportionate burdens on business aviation:

• The 90% refuelling requirement penalises the sector’s on-demand, point-to-point model.
• Operators face limited fuel availability at regional airports and increasing inefficiencies in airspace access, due to prioritisation of scheduled carriers.

• EBAA advocated for more equitable access to optimal cruising levels and more responsive air traffic flow management, especially for time-sensitive flights such as medevacs or diplomatic missions.

The Public Affairs team will continue to monitor the development of the proposal and engage proactively with the responsible officials to represent our industry’s views, as the Commission is expected to launch a public consultation towards the end of the year, with a new proposal for the Air Services Regulation planned for adoption by Q2 2026.