Introduction: From the European framework to national implementation
The Single European Sky (“SES”) project is an initiative that has been undergoing a gradual, yet still incomplete, transformation since 2004. Following two legislative packages, SES I adopted in 2004 and its amendment as SES II introduced in 2009, the revised Regulation (EU) 2024/2803 on the implementation of the Single European Sky (“SES2+”) entered into force on 1 December 2024. The new framework consolidates what had previously been a fragmented regulatory regime and aligns it more closely with Regulation (EU) 2018/1139 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency (EASA). Although the regulation is directly applicable and does not require national transposition in the traditional sense, it nevertheless affects the domestic legal frameworks of Member States indirectly, particularly through the institutional design of national supervisory authorities, their powers, and related procedural rules. It is through this mechanism that the revised SES framework affects Czech Act No. 49/1997 Sb., on Civil Aviation.
On 20 July 2026, the Czech Government approved a draft amendment to the Act, aimed primarily at ensuring that the national legal framework complies with the requirements of the European SES regime. The draft amendment has now been submitted to the Chamber of Deputies for legislative consideration.
Why is a national amendment necessary?
The original architecture of the SES was built around four regulations adopted in 2004. The SES II reform of 2009 subsequently amended this framework by introducing a performance and charging scheme and strengthening the role of the Network Manager.
The SES2+ Regulation, adopted through Regulation (EU) 2024/2803, further consolidates the regulatory framework. It repeals three of the earlier regulations and integrates the SES regime more closely with the EASA’s aviation safety framework established under Regulation (EU) 2018/1139. At the same time, the regulation formally preserves the key pillars of the SES framework, including the performance and charging scheme, the role of the Network Manager, and the system of Functional Airspace Blocks (FABs). From a national regulatory perspective, two aspects are particularly noteworthy. First, the transitional provisions maintain certain supervisory and enforcement mechanisms under the previous regime until 2 December 2026. Second, the fifth reference period of the performance scheme (2025–2029) is already being implemented under the new rules.
According to available analyses, substantive defragmentation of European airspace, however, has so far delivered only limited results. As early as 2017, the European Court of Auditors concluded that the system of Functional Airspace Blocks (FABs) had failed to achieve its primary objective, largely due to a lack of incentives for Member States and the absence of enforcement mechanisms. Capacity constraints and flight delays persist, and pressure for faster reform is mounting, becoming particularly apparent to the wider public in connection with Ryanair. It is against this broader European backdrop of an unfinished structural reform coupled with ongoing institutional consolidation that the Czech amendment should be viewed.
What will the Czech amendment to the Civil Aviation Act will entail?
The draft amendment to Act No. 49/1997 Sb., on Civil Aviation and amending and supplementing Act No. 455/1991 Sb., on Trade Licensing, as amended, was submitted by the Ministry of Transport. The Czech Government approved the draft amendment on 20 July 2026 (Resolution No. 467), and it is now set to proceed through the parliamentary legislative process. According to the Ministry of Transport, the amendment is intended to maintain a high level of civil aviation safety while ensuring alignment with the evolving European regulatory framework and reducing unnecessary administrative burdens. In practice, the amendment focuses on three key areas: strengthening the supervisory powers of the Civil Aviation Authority (“CAA”) over air navigation service providers; incorporating the requirements of the SES framework into national legislation; and streamlining selected administrative procedures.
Supervision of air navigation services. The amendment expressly designates the CAA as the national supervisory authority responsible for overseeing air navigation service providers and sets out the procedures applicable to the provision of such services. This change directly reflects the requirements of the EU's SES framework, which places particular emphasis on the functional independence and supervisory capacity of national supervisory authorities. These authorities are expected to act as the national counterpart to the Network Manager and the system of Functional Airspace Blocks (FABs) operating at EU level.
Certificates of reliability. One of the significant procedural changes concerns the certificate of reliability, which would now be issued for an indefinite period rather than being renewed and reissued on a recurring basis. While the annual reliability review will remain in place, the administrative burden associated with issuing a new certificate after each review will be eliminated. The amendment also introduces the possibility of issuing the certificate in electronic form.
Security measures. Transfer of passenger data Air carriers will be required to provide passenger data to the Police of the Czech Republic at three separate stages: 48 hours before departure, 24 hours before departure, and immediately after passenger boarding has been completed. The measure expands the existing framework governing the transfer of passenger data, including API (Advance Passenger Information) and PNR (Passenger Name Record) data, for aviation security purposes.
Sports flying devices and airport operators. The amendment also seeks to simplify the regulatory requirements applicable to flights involving sports flying devices and to broaden the powers of airport operators. The precise scope of these changes, however, will only become clear once the final statutory wording is available.
Administrative fees. The amendment also includes an update of the administrative fee schedule applicable to state administration activities in the field of civil aviation. This change is implemented through a parallel amendment to Act No. 634/2004 Sb., on Administrative Fees.
Implications of the amendment in practice
For air navigation service providers, the amendment will bring a more clearly defined supervisory framework, with the CAA acting as the national supervisory authority. This is likely to have implications for compliance and reporting obligations vis-à-vis the regulator. By contrast, holders of reliability certificates, typically including security managers and personnel with access to restricted security areas, are expected to benefit from no longer needing to apply for a new certificate following each annual review, and electronic certification will also become available.
For air carriers, however, the amendment will increase the technical and procedural requirements associated with the transfer of passenger data to the Police of the Czech Republic. Passenger information will need to be submitted at three separate stages rather than under the current regime, which may require airlines to adapt their reservation and check-in systems before the Act takes effect. Operators of sports flying devices can expect simplified administrative requirements for their operations, while airport operators are set to gain broader powers. The exact scope of these powers, however, will only become clear once the final statutory wording is available.
Conclusion and recommendations
The Czech amendment to the Civil Aviation Act should be viewed as part of the broader and still unfinished process of European air traffic management consolidation. While the SES2+ Regulation has formally harmonised the institutional framework at EU level, it has not resolved the structural issues surrounding Functional Airspace Blocks or the capacity crisis. The Czech amendment instead focuses on targeted, largely technical refinements to the national framework: strengthening the supervisory role of the CAA, simplifying reliability certificates, and extending air carriers’ safety obligations.
For clients in the aviation sector and related industries, we recommend keeping a close eye on two key dates and how they interact: (i) 2 December 2026 marks the end of the transitional period under the EU framework, when the supervisory and enforcement mechanisms established under Regulation (EC) No 549/2004 will finally cease to apply, and (ii) attention should be paid to the progress of the Czech amendment through the Chamber of Deputies, a process which, as experience shows, can still bring unexpected developments.
