Affordable Air Travel for St. Eustatius and Saba Moves Closer with Aviation Law Amendment

THE HAGUE--Efforts to make air travel to and from St. Eustatius and Saba more affordable have moved an important step forward following publication of an amendment to the BES Aviation Act in the Dutch Official Gazette.

The legislation, dated July 8, 2026 and officially published on August 21, creates the legal basis for the Dutch Government to establish a public service obligation, commonly referred to as a PSO, on air routes considered vital to the economic and social development and accessibility of Bonaire, St. Eustatius and Saba.

The possibility of using a public service obligation for flights serving St. Eustatius and Saba has been discussed for more than a decade. According to information accompanying the publication, the House of Representatives and Senate agreed before the summer recess to remove the legal obstacles preventing such a system from being introduced.

Under the amended law, the Minister of Infrastructure and Water Management will be able to establish a public service obligation for lightly served routes between airports on Bonaire, St. Eustatius and Saba, or between those islands and another airport within the Kingdom.

Such a designation can be used where a route is considered vital to the islands' economic and social development, but where airlines operating strictly on commercial terms cannot provide the required level of service under comparable conditions. The requirements may cover continuity, regularity, ticket prices and minimum capacity.

Where necessary, the Minister may restrict operation of a designated route to one eligible airline for a period of up to five years. The airline would then be selected through a tender procedure.

The legislation also allows the selected carrier to receive compensation for operating the public service route. That compensation may not exceed the amount necessary to cover the net cost of meeting the public service obligation, taking into account the airline's revenues from the route and a reasonable profit.
In practical terms, the system could allow Government to financially support routes that are socially and economically necessary but difficult to operate commercially at ticket prices considered affordable for residents.

The legislation also requires consultation with the governments of Aruba, Curaçao and St. Maarten, as well as the airports involved and airlines considering operating the affected routes, before a public service obligation is established.

While the legal framework is now in place, subsidized flights are not yet guaranteed.

No budget has reportedly been reserved for the public service obligation at this stage. Attention will therefore turn to the Dutch Government's upcoming Budget Day presentation, which could provide greater clarity on whether money will be made available to implement the system.

Publication of the law also does not mean the new provisions take effect immediately. The legislation states that it will enter into force on a date to be determined by Royal Decree, with different provisions potentially taking effect at different times.

The amendment nevertheless removes a major legal hurdle that has stood in the way of establishing subsidized air connections for the Caribbean Netherlands.

For residents of St. Eustatius and Saba, where air connectivity is essential for access to medical care, education, employment, family connections and onward international travel, the development brings the longstanding discussion over affordable inter-island aviation closer to a system that could eventually translate into lower fares and more reliable connections.

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