Thanks for sharing more details on the case !
Btw, Art414 fixes penalties for any acts of smuggling or activity of importing or exporting prohibited goods without a declaration. Article 410 fixes the penalties for certain less serious irregularities, Art423-427 define behaviour which constitutes importing or exporting without a declaration. The penalty “est passible d’une amende de 300 euros à 3 000 euros toute infraction aux dispositions des lois et règlements que l’administration des douanes est chargée d’appliquer lorsque cette irrégularité n’est pas plus sévèrement réprimée par le présent code”
Art427, refers to aircraft imports “l’immatriculation, frauduleuse ou non, sans accomplissement préalable des formalités douanières, d’automobiles, de motocyclettes ou d’aéronefs ;”
Surely there has been something worth a customs declaration in that flight? I doubt customs can fine you under Art10 for lack of declaration if you have nothing to declare? what was the aircraft reg or vat status? was it a flight to import/sell items?
The only thing one would expect on lack of PNR with “nothing to declare” is getting some bollox
Facts that are irrefutable:
Filing a flight Plan does not constitute a formal notification to customs: This is precisely why customs coordinates are mentioned in aerodrome information The mention “Request customs” in zone 18 of an FPL is not a valid Customs services request I would be happy, upon request of your member, to discuss the matter with the head of customs here in France, escalating from the regional office that made that decision
Irrespective of the (IMHO) scandal of the rest, the above bit makes me quite sad – how many people still think that a FP has any meaning for PNR/PPR whatsoever?
It is difficult to exterminate. For many, a flightplan is a formality by which where you announce the flight to “the authorities”. Which these authorities are, many cannot differentiate. So they think that filing the act of filing the flightplan constitutes giving prior notice to customs authorities as well.
It isn’t helped by the fact that in a few cases (not only Albenga), a filed FPL does constiture the necessary prior notice for customs purposes.
There seems to be no doubting that Customs/Immigration in this case were demanding a PNR and that it was demanded within the scope of both EU and National law, ie they are within their rights to demand it.
But as Ibra has said this case can only be about border restictions on Schengen law. @Rwy20 posted the difference before.
So yes this pilot has committed an infraction, accidentally (by thinking his FPL constituted PNR) in this case. But by all accounts he was an EU citizen from a Schengen country and whilst there may be a fixed penalty, under French law, for this sort of infraction (although from reading the articles quoted they do not really fit this case). However, again as Ibra has quoted even using this article the fixed penalty runs from €300 to €3000. From reading what has been posted one has to ask why wasn’t it the lower end €300 . Even a stroppy customs colonel could not justify the mid range €1500, unless he believes that this is the cost for a couple of his officers to look into it.
If this is all there is to the story IMO it is scandalous.
Frans [quoting a French authority] wrote:
In theory no prior notice is requested for an intra-Schengen flight excepted when internal border control is reintroduced, which is the case for several months (le Code Frontière Schengen prévoit au titre III -Art 5 que les modalités de franchissement des frontières extérieures prévues au titre II (Art 25 et 32), s’appliquent lorsque le contrôle aux frontières intérieures est réintroduit)Consequently, prior notice flight shall be sent in order that customs service could effectively control people and goods in airports.
I still don’t understand which rule allegedly has been broken. The letter seems to acknowledge that Art. 5 does NOT require pre-notification even if “temporary border controls” are introduced. And then it continues “consequently prior notice shall be sent”.
gallois wrote:
There seems to be no doubting that Customs/Immigration in this case were demanding a PNR and that it was demanded within the scope of both EU and National law, ie they are within their rights to demand it.
The letter does not state base on which law that prior notice has been requested, though.
gallois wrote:
If this is all there is to the story IMO it is scandalous
We can bet there is more to it to explain why the fine was 1500E? but as it stands it’s just scandalous…
Filing a flight Plan does not constitute a formal notification to customs: This is precisely why customs coordinates are mentioned in aerodrome information The mention “Request customs” in zone 18 of an FPL is not a valid Customs services request I would be happy, upon request of your member, to discuss the matter with the head of customs here in France, escalating from the regional office that made that decision
For using FPL as PNR/PPR, Article 5 actually mention it PNR other than FPL
“…par un préavis distinct du plan de vol, afin que les formalités relatives aux contrôles des personnes puissent être organisées avant l’arrivée ou le départ du vol…”
https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000035871810
The pilot did put his comment on SkyDemon, I wonder if it’s ok to file SkyDemon FPL from Netherlands now? and if that FPL was even properly distributed? I recall flying Breda to Toussus (no PNR) with VFR FPL filed on SkyDemon, no one was in tower and Dutch Mil FIS was in silence mode, Belgian ATS & French ATS did not have my FPL (I think Netherlands ARO/AIS used to throw these in the bin?)
Ibra wrote:
what was the aircraft reg or vat status? was it a flight to import/sell items?As far as I know, this was a flight with a PH-reg and there were no special goods on board.
It isn’t helped by the fact that in a few cases (not only Albenga), a filed FPL does constiture the necessary prior notice for customs purposes.Thats very true indeed. Also most Norwegian airports with customs O/R or even H24 have some “prior notice” requirements for international flights, but in those cases, a FPL is indeed enough to please customs. But this is unfortunately not the rule in Europe.
Article 9.
boscomantico wrote:
Article 9.
“Aerodromes that do not have the status of border crossing point are authorized to receive direct flights from or to countries belonging to the Schengen area, without any formality related to border control of persons being required, without prejudice to the provisions set out in Chapter III of this order. However, when internal border controls are temporarily reintroduced in application of the Schengen Borders Code, border controls may be carried out at these aerodromes by the designated services in accordance with the procedures provided for in Article 3.”
boscomantico wrote:
Article 9.
Don’t think so – the airport in question was authorised as a border crossing point and thence not subject to article 5, not article 9. Also, the communication with the autority mentions article 5.
What I am getting at is – while Article 9 is quite specific what happens if “internal border controls are temporarily reintroduced”, Article 5 says nothing about it, and in fact there is nothing else in that particular law that that says antything about it. And the “temporary reintroduction of border controls” does NOT turn a Schengen country in a non-Schengen country.
So unless there is ANOTHER law that says so, or a law that says “because of the temporary reintroduction of border controls, you now must give notice as follows….”
or “…according to the whims of customs”, the customs official have NOTHING to base their request for prior notice on.
They can, of course, turn up and check the arrival.
