Communication from the Commission - An agenda for sustainable future in general and business aviation
Date: 2008-01-11
Institutions: European Commission
Subjects: air space, air transport, common transport policy, sustainable development

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 11.1.2007 
COM(2007) 869 final 

COMMUNICATION FROM THE COMMISSION 

An Agenda for Sustainable Future in General and Business Aviation 

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COMMUNICATION FROM THE COMMISSION 

An Agenda for Sustainable Future in General and Business Aviation 

1. 

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3. 

4. 

5. 

6. 

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WHY GENERAL AND BUSINESS AVIATION ? 

Until  recently,  addressing  the  specificities  of  General  and  Business  aviation  at  the 
Community level was not necessary. However, with the extension of the Community 
competences  in  the  area  of  safety1  and  security2,  upgrade  of  the  Single  European 
Sky3  and  deployment  of  the  new  Air  Traffic  Management  system  for  Europe4,  the 
expected "capacity crunch"5 and concerns about environmental impacts of aviation6, 
EU activities have an increasing relevance also for this sector. 

General and Business aviation is very diverse. It encompasses activities ranging from 
recreational  flying  with  non-powered  aircraft  to  complex  operation  of  high-
performance  business  jets  and  specialised  aerial  works.  This  creates  challenges,  as 
policy initiatives can not be based on the "one size fits all" approach. 

A  significant  part  of  General  and  Business  aviation  are  Small  and  Medium  sized 
Enterprises  (SMEs)  or  not-for-profit  organisations  also  relying  on  volunteers.  Very 
often,  these  individuals  or  small  firms  have  limited  resources  to  keep  up  with 
changes in regulatory or technical requirements. 

On  the  industrial  side,  European  General  and  Business  aviation  manufacturing 
industry  is  breaking  out  to  the  world  markets  in  an  unprecedented  way.  That 
momentum needs to be sustained by proper regulation and stimulation of innovation 
and research. 

Despite  technological  developments,  General  and  Business  aviation  is  affecting  the 
environment  in  terms  of  noise  and  gaseous  emissions,  and  like  the  wider  airline 
industry or any other transport means, needs to contribute to reducing these impacts. 

At  the  initiative  of  the  stakeholders  and  following  broad  consultations,  the 
Commission  has  drawn  an  Agenda  for  sustainable  future  in  General  and  Business 
aviation7. 

Extending  the  tasks  of  the  European  Aviation  Safety  Agency:  An  agenda  for  2010,  COM(2005)  578 
final. 
Proposal for a Regulation of the European Parliament and of the Council on common rules in the field 
of civil aviation security, COM(2005)429 final. 
Building  the  Single  European  Sky  through  functional  airspace  blocks:  A  mid  term  status  report, 
COM(2007)101 final. 
State  of  progress  with  the  project  to  implement  the  new  generation  European  air  traffic  management 
system (SESAR), COM(2007) 103 final. 
An action plan for airport capacity, efficiency and safety in Europe, COM(2006) 819 final. 
Proposal for a Directive of the European Parliament and of the Council amending Directive 2003/87/EC 
so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within 
the Community, COM(2006) 818 final. 
http://ec.europa.eu/transport/air_portal/internal_market/general_aviation/consultation_en.htm. 

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2. 

GENERAL AND BUSINESS AVIATION WORKING FOR EUROPE 

2.1. 

A growing sector with diversified fleet 

7. 

8. 

9. 

The  scope  of  this  Communication  covers:  1)  all  civil  aircraft  operations  other  than 
commercial air transport; 2) on-demand, remunerated, civil air transport operations. 
This scope includes, inter alia: specialised aerial works, aerial training, recreational 
flying,  on-demand  air  taxi  operations,  and  company/individual  owned  aircraft 
operated for business/professional purposes8. 

There  are  up  to  50,000  motor-powered  General  and  Business  Aviation  aircraft  in 
Europe (including about 2,800 turbine-powered) as compared to about 5,000 aircraft 
in the European commercial airline fleet. In addition 180,000 - 200,000 of microlight 
and non motor powered aircraft are used for sport and recreation. 

In 2006 about 9% of all aircraft movements registered by Eurocontrol accounted for 
General and Business aviation. Since 2003 the number of aircraft movements in this 
segment registered by Eurocontrol has been growing almost twice as quickly as the 
rest  of  the  traffic  (22%  more  flights  in  2006  than  in  2003,  compared  to  a  14% 
increase for the rest of the traffic)9. 

10. 

Analysis  of  traffic  trends,  aircraft  shipments  and  orders  suggests  that  demand  for 
highly flexible, private and business air transportation will continue to strongly grow 
in the years to come. Key factors contributing to this trend are: 

–  Need for more mobility, flexibility and point-to-point services,  

–  Increasing congestion of the main airports,  

–  Security constraints,  

–  Continuous  efforts  of  enterprises  and  individuals  to  increase  their  productivity 

gains, and 

–  Development  of  new  technologies,  which  make  aircraft  more  efficient  and  less 

costly. 

European General and Business aviation provides specific social and economic 
benefits. 

General  and  Business  aviation  provides  closely  tailored,  flexible,  door-to-door 
transportation  for  individuals,  enterprises,  and  local  communities,  increasing 
mobility of people, productivity of businesses and regional cohesion. 

For  the  purpose  of  this  Communication  all  these  activities  are  referred  to  as  "General  and  Business 
aviation". Without prejudice to the clarifications provided in point 3.2 below, this Communication does 
not attempt to address or change any legally binding definitions as set in international, Community or 
national regulations. 
It  has  to  be  noted  that  a  vast  majority  of  General  and  Business  aviation  flights  are  not  registered  by 
Eurocontrol as they are moving in non-controlled airspace (see paragraph 49 below). For example most 
of the recreational and sport aviation operations will not be captured by these statistics. 

2.2. 

11. 

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12. 

13. 

14. 

15. 

16. 

Although  privately  owned  or  chartered  aircraft  are  sometimes  an  alternative  to 
scheduled  connections,  in  most  cases  this  is  a  supplementary  service  allowing 
reaching  destinations  that  the  airlines  can  not  serve  because  of  operational 
restrictions or do not serve due to economic considerations. 

In  2005  there  were  about  100,000  airport/aerodrome  pairs  in  Europe  served  by 
General  and  Business  aviation  traffic  (as  opposed  to  about  30,000  linked  by 
scheduled airline connections). Only 5% of them had a scheduled alternative (at least 
one  scheduled  flight  per  working  day).  The  same  pattern  remains  when  we  look  at 
the city-pairs. In 2005 General and Business aviation in Europe served over 80.000 
city  pairs.  Vast  majority  of  this  traffic  was  between  city-pairs  that  had  only  very 
limited scheduled alternative (less then one scheduled flight per working day). 

European  aerial  works  companies  provide  high-value,  specialised  services,  both  in 
the  Community  and  third  countries.  These  range  from  map  charting,  off-shore 
services  and  construction  works,  pipeline  patrolling  and  conservation,  agricultural 
flights  and  environment  surveillance  to  weather  research,  fire-fighting,  TV-Live 
reporting, traffic surveillance and other. 

Recreational and sport aviation is one of the big sources of qualified aviation staff for 
airlines  and  supporting  services.  Many  of  the  trainee  pilots  and  engineers,  after 
building the number of their hours in the air or in the hangar, subsequently move to 
work in the airline industry. 

Aeroclubs  and  air  sports  organisations  promote  individual's  qualities,  technical 
knowledge  and  aeronautical  skills  -  especially  amongst  the  young  citizens  of  the 
European  Union,  raising  their  interest  in  the  highly  demanding  and  motivating  air 
sports  and  future  careers  in  commercial  aviation  or  aeronautical  research  and 
development.  

3. 

DRAWING  AN  AGENDA  FOR  SUSTAINABLE  FUTURE  IN  GENERAL  AND  BUSINESS 
AVIATION 

3.1.  Measuring General and Business Aviation 

17. 

18. 

19. 

20. 

Complete  data  describing  General  and  Business  aviation  in  Europe  is  not  available 
and it seems that such data is not being gathered in a systematic and coherent way.  

As  regards  the  specific  issue  of  safety,  there  are  no  European  wide  comprehensive 
statistics on safety of aircraft with maximum take-off mass (MTOM) below 2,250 kg 
and  the  partial  data  available  gives  only  some  indication  as  to  the  main  causes  of 
fatal accidents. 

In order to properly regulate any activity, policy makers need to have a clear picture 
of the situation. This calls for the development at the European level of the basic set 
of objective and coherent data as well as for close cooperation with all the interested 
stakeholders. 

The  Commission  has  asked  the  European  Civil  Aviation  Conference  (ECAC)  to 
conduct a study on General and Business aviation that would identify the sources of 
available data and suggest the most efficient way for its future gathering. 

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3.2. 

Clarifying the definitions 

21. 

22. 

23. 

To effectively fulfill its role, General and Business aviation needs to operate under 
different,  often  quite  complex,  schemes.  This  complexity  results  sometimes  in 
different  interpretations  of  legal  definitions  by  both  operators  and  regulators.  Such 
divergence affects the operation of the internal market and creates confusion in the 
application of the Community legislation. 

There  are  two  main  areas  where  clarity  is  essential  for  the  proper  application  of 
Community  legislation:  1)  definition  of  the  notion  of  "State/Civil  aircraft"  and  2) 
definition of the "commercial air transport operation". 

The  Commission  stresses  the  importance  for  Member  States  to  rely  on  the 
clarifications concerning definitions offered below, in order not to affect the uniform 
application  of  the  Community  legislation.  The  Commission  will  follow  closely, 
within  the  remit  of  its  powers,  any  possible  developments  on  this  issue  and  recalls 
that  general  and  business  aviation  should  be  used  in  a  manner  strictly  compatible 
with existing laws, including fundamental rights. 

3.2.1. 

State and Civil aircraft  

24. 

25. 

10 

11 

12 

13 

Traditionally,  all  aircraft  are  classified  as  either  "state"  or  "civil".  Both  the 
international  regime  established  under  the  Chicago  Convention  and  Community 
legislation, in principle apply only to civil  aircraft while leaving the regulation and 
control  of  State  aircraft  to  national  authorities.  This  distinction  is  of  major 
importance, since significant differences exist in legal regimes applicable to civil and 
state aircraft. For example state aircraft are covered by a different monitoring system, 
which may not be bypassed by use of civil aviation rules, as highlighted for instance, 
in  the  European  Parliament  resolution  on  the  alleged  use  of  European  countries  by 
the CIA for the transportation and illegal detention of prisoners10. 

In  certain  situations  civil  registered  aircraft  will  be  operated  for  State  purposes.  In 
such  cases  both  the  Chicago  Convention  and  the  Community  legislation  use  the 
functionality approach. This means that aircraft should be classified according to the 
nature of the service itself11 (the function it actually performs at a given time) rather 
than  the  registration  only.  For  this  reason  civil  registered  aircraft  used  for  state 
purposes12 must be classified as state aircraft and consequently their flies over, and 
lands  in  State  without  prior  authorization  are  prohibited13.  The  national  authorities 
have  the  responsibility  to  ensure  that  classification  principles  are  not  abused,  as 
emphasized for example in the above mentioned European Parliament resolution. 

P6_TA-PROV(2007)0032, 14 February 2007. In its resolution the European Parliament states that civil 
aviation rules have been used to "bypass the legal obligations for state aircraft" (paragraph 47). 
In the ATM area State Aircraft can decide to operate under civil rules of the air – in such case they will 
be  covered  by  the  Single  European  Sky  legislation  (see  definition  of  "general  air  traffic"  in  the 
Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying 
down  the  framework  for  the  creation  of  the  Single  European  Sky,  O.J.  L  096,  31.03.2004  p.  0001  – 
0009). 
For  example  civil  registered  aircraft  used  by  intelligence  services  for  the  transportation  of  detained 
persons. 
Article 3 (c) of the Chicago Convention 

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3.2.2.  Commercial air transport operation, fractional ownership and managed aircraft 

26. 

27. 

The  notion  of  "carriage  by  air  of  passengers,  mail  and/or  cargo  for  remuneration 
and/or hire" is not always interpreted in a uniform way. This distinction is important 
as  "commercial  air  transport  operations"  are  subject  to  the  requirement  of  an 
operating  license14  and  may  be  affected  by  traffic  right  limitations.  Emergence  of 
such  schemes  as  fractional  ownership  programmes  seems  to  be  the  main  cause  of 
concern. 

Aircraft  used  in  General  and  Business  aviation  are  utilised  under  different  models 
both  in  the  commercial  as  well  as  private  air  transport  category  –  with  regulatory 
regimes related to economic licensing, safety certification and traffic rights varying 
accordingly.  As  private  aircraft  ownership  is  quite  costly,  the  tendency  now  is  to 
outsource aircraft management services to specialised companies. Such outsourcing 
can be supplemented by shared ownership or pooling of aircraft ownership shares for 
more efficient asset utilisation. 

28. 

Currently  the  most  sophisticated  aircraft  management  schemes  available  are 
fractional ownership programmes, usually encompassing: 

–  Shared aircraft ownership by multiple programme participants,  

–  Agreements  between  participants  in  the  programme,  defining  conditions  with 
regard  to  ownership,  management  of  the  programme  and  exchange  of  aircraft 
between owners participating in the programme, and 

–  Provision  of  services  for  management  of  the  fleet  aircraft  by  a  programme 

manager acting on behalf of the aircraft owners; 

29. 

A distinction has to be made between safety issues and commercial regulation: 

–  Concerning  safety  issues,  the  Commission's  proposal  on  extension  of  the 
European  Aviation  Safety  Agency  (EASA)  competences  to  aircraft  operations, 
flight crew licensing and safety of third country aircraft15 already contains a new 
definition  of  "commercial  operation"  that  should  be  precise  enough  to  ensure 
uniform interpretation of this term across the EU and adequate safety standards. 

–  As far as economic regulation is concerned, it must be noted that in such schemes 
as fractional ownership programmes there is no contract of carriage between the 
service  provider  and  the  customer.  Operations  are  conducted  on  the  basis  of  a 
management  agreement  under  which  the  service  provider  is  essentially  an 
employee of the aircraft owner/shareowner. 

30. 

Different  forms  of  aircraft  management  services,  including  fractional  ownership 
programmes,  as  well  as  operations  not  performed  under  air  transport  contracts,  do 

14 

15 

Council  Regulation  (EEC)  No  2407/92  of  23  July  1992  on  licensing  of  air  carriers,  OJ  L  240, 
24.8.1992, p. 1–7. 
Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  Regulation  (EC)  No 
1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field 
of civil aviation and establishing a European Aviation Safety Agency, COM(2005) 579 final. 

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not  constitute  "carriage  by  air  of  passengers  for  remuneration  and/or  hire"  and 
therefore are not subject to the requirement of the operating license. This is without 
prejudice to any Community rules concerning safety or security of aviation. 

3.3. 

"One size does not fit all" – the importance of proportionate regulation 

31. 

32. 

33. 

34. 

Many General and Business aviation stakeholders have expressed concerns related to 
the proportionality of regulations affecting them. 

Diversification of General and Business aviation as well as high proportion of SMEs 
and  not-for-profit  organisations  in  this  sector  calls  for  special  vigilance  in  proper 
application of proportionality and subsidiarity. 

The  basic  EASA  Regulation16  and  Commission's  proposal  for  its  amendment  are 
good  examples  of  the  new  proportionate  rulemaking  approach.  Only  the  essential 
requirements are applicable to all operators while more stringent standards are added 
subsequently, if justified on the basis of the relevant criteria. This approach should be 
used in future rulemaking initiatives like aerodrome safety or air traffic management. 

The  Commission  will  monitor  the  application  of  the  principles  of  subsidiarity  and 
proportionality, to ensure that not only the policy and rulemaking processes but also 
the actual interpretation and implementation of the Community law has due respect 
for these principles. This monitoring will cover also technical mandates given by the 
Commission to specialised agencies, such as Eurocontrol. 

Local flights 

35. 

36. 

37. 

A  number  of  stakeholders,  representing  mainly  recreational  and  sport  aviation, 
express  concerns  about  future  definition  and  regulation  of  different  kinds  of  local 
flights.  These  activities  very  often  help  aeroclubs  and  other  light  aviation 
organisations to sustain their day to day operations and pursue statutory goals. 

Currently "carriage by air of passengers, mail and/or cargo, performed by non-power 
driven  aircraft  and/or  ultra-light  power  driven  aircraft,  as  well  as  local  flights  not 
involving  carriage  between  different  airports"  are  not  subject  to  the  requirement  of 
the  operating  license  and  the  Commission  does  not  envisage  any  changes  in  this 
respect17. 

In  the  context  of  the  revision  of  the  basic  EASA  Regulation,  the  Commission, 
assisted by the Agency, has consulted all the stakeholders with a view to drawing up 
implementing  rules  for  the  new  Regulation.  In  this  respect  the  Commission 
undertakes to develop proportionate rules adapted to the complexity of the aircraft as 
regards both the maintenance and operation of aircraft, as well as crew licences. 

Insurance requirements 

16 

17 

Regulation  (EC)  No  1592/2002  of  the  European  Parliament  and  of  the  Council  of  15  July  2002  on 
common rules in the field of civil aviation and establishing a European Aviation Safety Agency, O.J. L 
240, 7.9.2002, p.1-21 
Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  on  common  rules  for  the  
operation of air transport services in the Community (recast), COM(2006) 396 final 

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38. 

Similarly,  the  Commission  notes  the  concerns  expressed  by  some  stakeholders  and 
Member States regarding disproportionate impact of the EC insurance requirements 
on  general  aviation18.  Following  broad  consultations  the  Commission  is  currently 
assessing the operation of the aviation insurance regulation and will submit a report 
to the European Parliament and the Council by 30 April 2008. 

3.4. 

Optimising existing capacity 

39. 

Given the expected traffic evolution, Europe is facing an ever growing gap between 
capacity and demand. If the current growth trends are maintained and capacity levels 
not increased, it is expected that: 

–  Air traffic in Europe should double in the next 20 years, and 

40. 

41. 

–  Over  60  European  airports  could  be  heavily  congested  and  the  top  20  airports 

could be saturated at least 8-10 hours per day by 2025. 

In  2006  about  9%  of  all  aircraft  movements  registered  by  Eurocontrol  could  be 
attributed  to  General  and  Business  aviation.  Since  2003  this  segment  has  been 
growing almost twice as quickly as the rest of the traffic and the trend is expected to 
be maintained in the years to come. 

If capacity levels are not increased proportionally to the overall traffic rise, General 
and Business aviation will be increasingly in competition for access to airspace and 
infrastructure with the wider airline industry. In this regard both impacts and specific 
needs of General and Business aviation have to be taken into account in the capacity 
planning  and  optimisation  exercises  such  as  current  discussions  on  Commission's 
"Action plan for airport capacity, efficiency and safety in Europe"19. 

3.4.1.  Airport/aerodrome capacity 

42. 

43. 

General  and  Business  aviation  aircraft  operate  mainly  from  secondary  airports  and 
local  aerodromes, 
thereby  providing  additional  point-to-point  services  and 
contributing  to  a  more  even  distribution  of  traffic.  The  infrastructure  of  secondary 
airports  is  being  increasingly  used  also  by  the  airline  industry,  which  is  seeking 
additional capacity. 

Growing  congestion  on  the  ground  means  that  more  airports,  including  smaller 
regional  ones  will  be  classified  as  schedules  facilitated  or  coordinated.  Ultimately, 
slots in some of those airports may be available for non-scheduled operators only on 
an ad-hoc basis. This problem could be especially acute in case of airports that do not 
have a nearby alternative suitable for General and Business aviation operators. 

44. 

Small aircraft can also be unattractive to airport managers, as they carry fewer fare-
paying passengers and are more sensitive to wake vortices created by larger aircraft 

18 

19 

Regulation  (EC)  No  785/2004  of  the  European  Parliament  and  of  the  Council  of  21  April  2004  on 
insurance requirements for air carriers and aircraft operators (O.J. L 138 , 30/04/2004 p.1) 
Communication  from  the  Commission  to  the  Council,  the  European  Parliament,  the  Economic  and 
Social Committee and the Committee of the Regions – An action plan for airport capacity, efficiency 
and safety in Europe COM (2006) 819 

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(thereby  taking  more  of  the  scarce  capacity  time).  Furthermore,  they  may  require 
special  infrastructure,  such  as  a  dedicated terminal  or  apron,  which  will  have  to  be 
financed  by  the  airport.  Also  the  slot  allocation  and  air  traffic  flow  management 
processes work best for aircraft operators with regular flight patterns planned months 
ahead. 

45. 

These challenges could be dealt with by pursuing two tracks: 

–  Better  planning  to  optimize  the  use  of  existing  capacity.  This  includes 
employment of dedicated, reliever runways and airport/aerodrome areas, to meet 
the  needs  of  General  and  Business  aviation.  Similarly,  the  use  of  dedicated 
airports/aerodromes  would  be  sometimes  feasible  for  the  handling  of  this 
particular type of traffic; 

–  Development  and  implementation  of  modern  technologies.  Automatic  weather 
reporting systems, unmanned Air Traffic Services as well as inclusion of Global 
Navigation  Satellite  Systems  in  Air  Traffic  Management  procedures20,  could 
prove  useful  in  untapping  the  potential  of  local  and  regional  capacity  in  a  cost-
efficient way.  

46. 

The Commission's "Action plan for airport capacity, efficiency and safety in Europe" 
is  providing  a  platform  for  further  action  through  the  establishment  of  an  EU 
Observatory,  which  will  comprise  of  the  Commission,  Member  States  and  industry 
experts  and  where  the  specific  interests  of  General  and  Business  aviation  will  be 
taken into consideration. 

3.4.2.  Airspace capacity 

47. 

48. 

49. 

50. 

51. 

20 

European airspace is an essential environment for thousands of aircraft with different 
performances  and  operating  profiles.  However,  the  constant  growth  of  air  traffic 
combined with institutional fragmentation and technological limitations have put this 
common good under considerable strain. 

To address future airspace challenges, the Commission is implementing a number of 
institutional and technological reforms within the framework of the Single European 
Sky and the SESAR project. These initiatives are expected to bring safety, cost and 
efficiency benefits to all users, including General and Business Aviation. 

It is estimated that in 2005 approximately 15 million General and Business aviation 
flights  took  place  in  Europe.  Less  than  1  million  of  them  were  operated  under  the 
supervision of air traffic control. 

General  and  Business  aviation  stakeholders,  and  in  particular  airspace  users  flying 
without the supervision of air traffic control, express particular concern regarding the 
proliferation  of  controlled  airspace,  future  airspace  classification  and  equipage 
requirements being defined in the Single European Sky and its SESAR programme. 

Current discussions and future decisions concerning airspace policy and deployment 
of the new air traffic management system for Europe will need to take into account 

As envisaged in the SESAR programme on the modernisation of air traffic management in Europe 

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that a significant percentage of General and Business aviation traffic is relying not on 
instruments but on the "see and avoid" principle. Also air traffic management policy 
has to recognise that many aircraft types cannot be technically and/or economically 
fitted with complex equipment. 

52. 

Examples from other regions in the world show that General and Business aviation 
operations  are  possible  even  in  dense  traffic  environments,  provided  that  airspace 
and procedures have been designed in an efficient manner.  

3.5. 

Facilitating access to world markets 

3.5.1.  Manufacturing industry 

53. 

54. 

55. 

56. 

The European Community has a healthy and quickly growing General and Business 
Aviation  manufacturing  industry.  About  75%  of  all  type  certificates  issued  by  the 
EASA are in this sector.  

In the first half of 2007 the main European General and Business aviation fixed-wing 
aircraft  manufacturers  had  a  portfolio  of  deliveries  worth  about  1  billion  EURO, 
which represents an increase of 33,6% as compared to an equivalent period of 2006, 
and  constitutes  about  16%  of  the  worldwide  General  and  Business  aviation  market 
value.  However,  as  the  market  for  General  and  Business  aviation  aircraft  in  the 
Community is growing, European industry remains intensively export oriented. 

Over  the  past  years,  thanks  to  investments  in  research  and  development  many  new 
technologies  have  been  introduced  by  the  European  industry,  especially  in  the  less 
regulated segments of aviation. This competitive advantage provides now a window 
of opportunity for increasing European presence in the world markets. 

One of the important instruments that should facilitate development of the European 
manufacturing  industry  are  international  agreements  negotiated  by  the  Commission 
with  third countries. They  can  address  not  only  air  transport issues but also mutual 
acceptance of aeronautical products, thereby reducing redundant regulatory oversight 
and facilitating market access also for General and Business aviation manufacturing 
industry. 

3.5.2.  Commercial business aviation 

57. 

Commercial business aviation21, although usually operating outside the framework of 
bilateral or multilateral air services agreements, is affected by traffic rights or other 
market  access  restrictions,  sometimes  specific  only  to  this  sector.  The  recent 
concerns  of  the  European  operators  regarding  US  limitations  on  "occasional 
planeload  charters"  illustrate  this  situation.  Here,  the  joint  efforts  of  the  European 
industry and regulators allowed to double (subject to certain conditions) the number 
of  "occasional  planeload  charters"  that  can  be  operated  without  a  full  US  foreign 
aircraft  permit.  This  should  further  increase  opportunities  for  European  business 
aviation operators flying across the Atlantic. 

21 

Operating in the Commercial Air Transport category. 

EN 

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58. 

Specific  interests  of  commercial  business  aviation  have  to  be  taken  into  account 
when developing the EC external air transport policy and negotiating Community air 
services agreements. This includes simplification and streamlining of procedures as 
well as balanced liberalisation of traffic rights. 

3.6. 

Ensuring environmental sustainability  

59. 

Despite  ongoing  technological  developments,  General  and  Business  aviation,  in 
common  with  the  wider  airline  industry  and  indeed  with  most  other  forms  of 
transport,  imposes  negative  impacts  on  the  environment  in  terms  of  noise  and 
gaseous emissions and needs to contribute to reducing these impacts.  

3.6.1.  Noise issues 

60. 

61. 

Most General and Business aviation aircraft, engines and other aeronautical products 
are already subject to uniform noise certification standards22. Nevertheless, residents 
of local communities in some Member States sometimes express concern about the 
noise impact of light aviation on their quality of life. The localised character of these 
activities  and  the  relatively  small  size  of  the  aerodromes  involved  are  such  that 
national, if not local, authorities should be best placed to assess the situation and, if 
necessary,  find  proper  solutions.  Introducing  noise-related  operating  restrictions  for 
such  small  aerodromes  at  the  Community  level  would,  at  this  point  in  time,  be 
neither proportionate nor, given the subsidiarity principle, justified. 

In  the  longer  term,  Commission  assisted  by  EASA  will  be  analysing  the  need  for 
modifying the relevant "essential requirements" in the field of aviation environment. 
This could eventually lead to a proposal concerning amendment of the EASA basic 
Regulation.  In  this  context,  review  of  certification  standards  as  well  as  improved 
pilot education, could further contribute to reduction of negative impacts of aviation 
and promotion of modern, environmentally friendly technologies. 

3.6.2.  Gaseous emissions 

62. 

63. 

22 

23 

The contribution that General and Business Aviation makes to gaseous emissions is 
relatively small compared to that from the wider airline industry. Nonetheless, such 
emissions can, in principle, impact local and regional air quality and, more widely, 
climate change. 

The problem of greenhouse gas emissions from aviation is being partly addressed by 
the  Commission's  specific  initiative  proposing  to  extend  the  EU  Greenhouse  Gas 
Emission  Trading  Scheme  to  aviation23.  The  Commission  has  sought  to  find  a 
balance  in  the  proposal  between  the  administrative  costs  of  inclusion  and  the 
environmental  benefits  achieved.  The  proposal  exempts  from  the  Scheme,  amongst 
other  flights,  those  performed  exclusively  under  visual  flight  rules  and  those  by 

The  aircraft  excluded  from  Community  competence  in  this  respect  are  listed  in  Annex  II  to  EC 
Regulation No  1592/2002 on  common  rules  in  the field of  civil  aviation  and  establishing  a  European 
Aviation Safety Agency (O.J. L 240/1, 7.9.2002). 
Proposal for a Directive of the European Parliament and of the Council amending Directive 2003/87/EC 
so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within 
the Community COM (2006) 818 final. 

EN 

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aircraft with a certified maximum take-off weight of less than 5,700 kg. This issue is 
being considered further during the legislative process itself24. 

64. 

Furthermore,  under  Community  rules,  fuel  used  for  "private  pleasure  flying"  is 
already subject to taxation, in the same way as fuel used in other similar transport or 
leisure activities25. In this context, the Commission notes, that it is investigating the 
feasibility  of  alternative,  more  environmentally  friendly  or  renewable  fuels  for 
aviation. Differentiated rates of energy taxation can help to promote the use of better 
quality fuels, such us unleaded petrol, also in the aviation area.  

3.7. 

Enhancing research and development  

65. 

66. 

67. 

4. 

68. 

69. 

Europe  has  a  vibrant  General  and  Business  aviation  research  environment. 
Innovative  designs  of  light  and  ultralight  aircraft  or  pioneering  in  composite 
materials have been traditionally the hallmarks of the European industry. 

It  is  commonly  understood  that  competitive  and  commercial  success  of  European 
General and Business aviation will be further dependant on aeronautical innovation 
and  research,  including  advances  in  composite  materials,  fuel  efficient  engines  and 
modern  avionics  allowing  to  seize  the  opportunities  offered  by  the  air  traffic 
management systems of tomorrow. 

The  Commission  will  continue  to  support  aeronautical  research  and  development 
through  its  framework  research  programmes.  This  includes  tailored  support  for 
SMEs  provided  currently  under  such  initiatives  as  AeroSME  or  dedicated  research 
projects such as CESAR26. 

CONCLUSIONS  

The Commission, through this Agenda for sustainable future in General and Business 
aviation is calling on all interested stakeholders to pursue a dialogue on the future of 
this sector in Europe. 

The Commission will closely monitor future developments in order to make sure that 
the  specific  needs  of  all  categories  of  airspace  users  are  taken  into  account  in  the 
policy processes. It will, in particular, focus on the following actions: 

–  Building a basic set of data regarding European General and Business aviation; 

–  Being  particularly  vigilant 

to  proper  application  of 

the  principles  of 

proportionality and subsidiarity;  

24 

25 

26 

Other  measures  to  address  the  problem  of  gaseous  emissions  form  aviation  include  reform  of  the 
airspace  architecture  and  deployment  of  the  new  ATM  system  under  the  SESAR  project  as  well  as 
research and development programmes financed by the Commission. 
Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for taxation 
of energy products and electricity (OJ L 283 of 31.10.2003 p. 51) 
Cost Effective Small Aircraft (CESAR) project financed by the Commission under the 6th Framework 
Programme. 

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–  Taking into consideration the needs of all airspace and infrastructure users in the 

capacity planning and optimisation; 

–  Promoting  new  technologies  allowing  to  maintain  the  competitive  edge  of  the 
European industry and to untap regional and local capacity in a cost efficient way; 

–  Facilitating General and Business aviation access to foreign markets; 

–  Ensuring environmental sustainability of General and Business aviation; 

EN 

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   EN