Peter wrote:
It thus cannot be implemented without setting up a ‘flying squad’
How did you come up with this conclusion? where do you see this requirement for ‘flying squad’?
Does UKBF has ‘flying squad’ for flights to non customs designated airports (e.g. Stapleford)? AFAIK, you send GAR with enough PN and someone from the ‘driving squad’ drives to meet you if they wish, the same if you fly from/to small airports between France-Switzerland, you send PN and customs may turn up in their cars, it’s unlikely they will turn up in helicopters or jets? maybe if you file FPL with ‘James Bond’ call sign
I never heard of ‘flying squads’ in the context of GA (except here in EuroGA, learning something new everyday), they have them for road & maritime surveillance of illegal activities but I doubt those resources will ever get used to conduct taxation checks for GA aircraft?
Customs have your PN, they can tell you by phone prior to departure or by radio during flight to land where they wanted you to land?
Has anyone ever got an encounter with ‘flying squads’ after their landing or departure?
Ibra wrote:
Does Germany or Italy have similar texts in national laws?
I was so far unsuccessful in digging one out. Most German custom regulations actually refer directly to EU laws. So if it’s in EU law it is applicable in Germany as well. Usually.
I was so far unsuccessful in digging one out. Most German custom regulations actually refer directly to EU laws. So if it’s in EU law it is applicable in Germany as well. Usually.
The “crew only” derogation is actually derived from EU law but yes some countries never implemented it (e.g. Belgium), the derogation from systematic immigration checks for “crew known to border staff” is actually in Schengen Border Code Annex VII, this is an actual EU law legal basis (let’s not shoot this again with the usual EuroGA one-liners: “speak ping local language”, “doing something illegal”…)
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32016R0399
So there is an EU law stating that a pilot flying alone does not need customs and / or immigration?
When an aircraft carrying goods
You seem to be ignoring the carrying goods part. That has a specific customs meaning which probably normally requires a customs inspection.
It might be a translation issue?
Also what is an international airport in this context? Presumably that is also defined somewhere.
So there is an EU law stating that a pilot flying alone does not need customs and / or immigration?
For immigration YES, crew flying alone do not necessarily require systematic immigration checks unlike passengers (random checks on “known crew” are enough), one can still argue what does “crew in the course of their duties” means? we have done this before for CV19 & Health exemptions: 7 strips A380 professional Captains vs PA28 weekend pilots…
For customs NO idea, I am not aware of EU regulations that exempt crew from customs taxation & customs declaration? let’s not get excited EU 2020/877 regulation Article 141, does only exempt means of transport, aka aircraft, from taxation & declaration if it’s in temporary admission
EU 2030/877 could be interpreted as no need for “customs designated airport” if one stretch it but AFAIK, it only covers “taxation side”? it does not say much about aerodromes availability, one still need something for “aviation side” of things: pilot sending some prior notice, customs certificate of agreement for aerodromes…
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32020R0877
For the case of crew taxation and the specific case of France, I am aware of national regulations on temporary admission and crew taxation on short visits by unscheduled GA flight, these do not require customs intervention if there is “nothing to declare”
French national laws already covers two exemptions:
- Customs Union but not in Schengen (Art9) under “crew only” (Ireland & Croatia)
- Schengen but not in Customs Union (Art18) under “nothing to declare” (Switzerland & Norway)
https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000035871810
In the other hand, I am not aware of national concessions that apply for outside Customs and outside Schengen? if anyone has a reference or example where (POE+AIU) with (C+I) are not required, I am happy to have a look 
Peter wrote:
What about countries where you are required to wait for ever for the police e.g. Germany?
There are no surprises in Germany usually regarding the law. The law is followed to the letter. That one infamous case of the Swiss pilot being fined wasn’t due to unclear laws but rather the pilot recieved wrong information on its application.
I am tempted to just write to the Zoll and ask, but one will need very specific wording which is hard to get right even as a native speaker to get a lawyer-proof answer. Best would be lawyer who is also involved in aviation asking them, but even then they might not want to give a blanket answer given the myriad of possible individual scenarios.
Edit: Isn’t this something AOPA should be for?
Guys and Gals – if this is real then a UK pilot can fly directly to anywhere in the EU, because
Who believes this, how could this concession have remained undiscovered for so long, and has anybody else heard of it?
I have moved out the above posts into a new thread because this is way too important to be just casually dropped as an off topic comment into some unrelated thread.
For France, this only apply for places that are 1/ in Customs Union but not Schengen while another one 2/ in Schengen but not Customs Union…for 1/ we have used it to fly Stapleford to Toussus & Pontoise (no longer POE since 2017) without stop, just send PN and off you go, for 2/ we have used it from Lognes & Annemasse (not POE) to Switzerland, PN and off you go
You can’t use any of this for France-UK since January 2021, I know what I am talking about, I asked 
you can use it for Ireland though but who wants to go there…
I wonder if what you have mention as “Immigration with PN for Germany & Italy everywhere” fall under the same story or scope? crew only and/or within EU like Ireland or Croatia? or if that will ever work for UK?
PS: I would add CREW KNOWN TO STAFF ARE EXEMPT FROM SYSTEMATIC CHECKS to the title because that is what the EU law state and what I have said (unless you are pilot and Head Of Sate at the same time)
You seem to be ignoring the carrying goods part. That has a specific customs meaning which probably normally requires a customs inspection
Croatia is in EU customs union, there was never any need to declare or clear goods when flying between Austria & Croatia? like there is no need to declare or clear goods when flying between France & Ireland
The issue for Austria/Croatia or France/Ireland is immigration and passport checks on Schengen boundaries
