Abolition of customs airfield requirement for Germany?

Thank you for this pointer. In my understanding

• The addition by 2020/877 of sub-iv of article 141(1)(d) closes the circle for foreign aircraft coming in (it deals with “temporary admission” of inter alia “means of transport”). So in particular it does not close the circle for aircraft in free circulation (union goods) in the EU, nor for the “not to declare” goods carried (e.g. personal items of crew and passengers and below-the-threshold goods exported or imported). These were already OK by 2016/651.
• The addition by 2020/877 of sub-v of article 141(1)(d) closes the circle for aircraft that were once in free circulation (union goods) but were exported and are then reimported within three years. This certainly doesn’t close the circle for ANY DEPARTING (from EU to outside of EU) aircraft (so I deduce these were already OK by 2016/651) I’m not 100% sure if:
  • EITHER this only closes the circle for aircraft that were “really exported” as in “sold to non-EU person and based out of the EU for some time”, and thus in particular does not close the the circle for aircraft based in the EU, but that just make a flight of a day / week / month outside of the EU (and these were already OK by 2016/651)
  • OR a flight departing the EU and landing outside the EU (even only 1 second) is considered an “export” and then the return flight is considered a “return under article 203 of the Code”, meaning this closes the circle for the RETURN (but not the departure) of EU aircraft.

lionel wrote:

I don’t follow the petition’s legal argument that the removal of the requirement comes from an amendment of article 141(1)(d) of commission delegated regulation 2015/2446 by regulation 2020/877. The key provisions seem to be all in place by Commission Delegated Regulation (EU) 2016/651 of 5 April 2016:

Article 141(1)(d)(iii)
Article 140(1)(a)
Article 137(1)(a) to (c)

It is all very difficult to grasp stuff in these regulations. I agree that 2016/651 does deal with exactly the point that pilots are interested in. Still, it seems that for some reason, only the changes of 2020/877 really “close the circle” and lead to the act of crossing the border actually constituting the nececessary customs declaration (“Zollanmeldung”).

Otherwise, German Customs would be wrong when they officially write (my highlighting):

I would need some training to cross the border via the ridge either side of the Matterhorn…

No. You just need ski pass

I don’t follow the petition’s legal argument that the removal of the requirement comes from an amendment of article 141(1)(d) of commission delegated regulation 2015/2446 by regulation 2020/877. The key provisions seem to be all in place by Commission Delegated Regulation (EU) 2016/651 of 5 April 2016:

• Article 141(1)(d)(iii)
• Article 140(1)(a)
• Article 137(1)(a) to (c)

There is a petition now active by a Dutch citizen who wishes the EU to clarify the customs status for flights from and to Switzerland, with the goal of forcing all EU Member states to respect the (EU) 2015/2446 ruling, article 141 about the issue of needing to land at customs airfields we have been discussing. Please support this petition and get as many GA pilots as necessary to do so.

https://www.europarl.europa.eu/petitions/de/petition/content/0820%252F2023/html/Harmonizing%2Bthe%2BImplementation%2Bof%2BGeneral%2BAviation%2BCustoms%2BRegulations

Well I have looked through that EU regulation mentioned, and couldn’t make head or tail out of it.

What we do know is:

• Germany is clarified (but where exactly?), you can go to any field.
• Sweden is clarified (it’s all in the AIP), you can go to any field.

@Airborne_Again AFAIK I have read the latest consolidated customs code.
And it seems to my understanding that there is an EU regulation regarding Temporary Admission TA which is the basis of the dicussion here. This is an EU rule which has or should be adapted across all EU countries.
And is in the explanation of it is in GEN section of the AIP under entry and exit.
However, the implementation of this regulation with regards to customs is a delegated Act.
This might well be down to SYS2 not being due to be fully operational until 2025. Or it might not.
What this leads to is different methods of informing customs that you will be entering the EU from a country outside the EU customs union
You have mentioned the method in Sweden.
Denmark I believe also requires a prior notice to customs.
I have, set out the system I believe to be the case in France.
I have also read of countries who simply receive the FPL as a means to notify customs. However, these countries also say that they can demand that one waits at the airport for the arrival of customs should they so wish.
The overwhelming advice I am receiving is to ask before you fly.

gallois wrote:

I wouldn’t know how many airports/airfields in Germany are Union Airports, perhaps all are. It might be the same in Sweden.

The Swedish customs has solved this confusion – in a way – by introducing the concept of “International Union Airport”. (At least I don’t think it is a concept of EU law.) “International Union Airport” is defined in the AIP as an “Airport that is assigned or approved by the Swedish Custom Service.”

The AIP goes on to state that “An aircraft arriving from a Third country or another EU country does not have to submit a notification in advance if the aircraft arrives at an international union airport. [except at night, at some airports] An aircraft arriving at another airport than an international union airport without carrying goods under customs surveillance does not have to submit a notification in advance if a flight plan is submitted to an air traffic control centre no later than one hour before the aircraft is due to depart from the last airport abroad.” A “notification in advance” has to be made directly to the customs “intelligence and communications office” two hours before departure. Similar rules apply for departures to third countries.

Furthermore, “Admittance to, or debarkation from, an aircraft which has arrived from a Third country is allowed, provided the Customs office or a customs officer has not given other instructions. The same rule applies to an aircraft from another EU country carrying cargo or provisions under customs surveillance.”

This indeed does support the view that you can use any airport for flight to/from third countries but to use some airports you need to notify customs in advance. The AIP passages I quoted were introduced in the Spring of 2021.

Frans wrote:

You make it way too complicated. EU regulation 2020/877 caused an amendment of EU regulation 2015/2446.

Whenever you are reading or discussing EU regulations you must look at the consolidated version of the original regulation. I’m not saying that gallois didn’t – I just want to point this out because it is easy to overlook as a search on the eur-lex web site give you the original, unamended, regulation – although there is usually a link to the consolidated version. Unfortunately in some case the consolidated verion itself does not incorporate the latest amendments, but this is easy to check as the eur-lex web page for the original regulation includes a list of all amending regulations.

(Btw I really hate this system where amending regulations simply list changes rather than replace pages of the original regulation. In olden days amendments to Swedish national air regulations consisted of page replacements, just like AIPs. Today lists of changes are used instead, just as with regular law, and no one can keep up anymore.)

Sorry @Peter but I have to disagree. A high proportion of UK pilots coming and going from LFFK did it direct..There was a GAR form at the time. I am talking even up to 2017/18.
And we didn’t get many and surprisingly enough most came from Shoreham and Nottingham.
It was a farmer pilot in Lincolnshire with his own strip that first introduced me to the GAR which I thought was great at the time and still do.
Ours is only a small airfield but there are many around here like Mauleon, Couhé Verac, St Jean d"Angely, Les Sables d’Olonne whose members could back up what I am writing.
You might on the other hand be right about ignorance, I just referred to one Brit pilot who had a hangar here back in about 2010.