HBadger wrote:
Is a CH based aircraft with customs paid in CH but not paid in EU “in free circulation”?
My understanding it will not count as “EU free circulation”:
- To import an aircraft, you have to land at an import airport and do import declaration there (these are subset of PoE airports)
- To get free circulation, you have to get import declaration and then get the duty/vat paid
What the rule does it automatically default “CH aircraft” to “EU temporary admission” the moment it cross the border rather than “EU imported”, no declaration required (aircraft in “EU free circulation aircraft” don’t need anything from customs, with this rule or without it)
Is any of this relevant to the “proof of import VAT paid” e.g. here ?
As this seems to affect mainly Swiss and UK pilots, it is a reasonable Q whether a Cert of FC is going to be broadly accepted by EU countries?
As was posted
It could only be that some customs authorities/officers now generally have a closer look at things that come from the UK than before Brexit.
this “closer look” may not be a joke, since anything from the UK is provocative to some people 
Especially if N-reg.
Say “Your aircraft” = mean of transport and OK for temporary admission without declaration, how about rented aircraft? or my cousin TB20?
Why should it matter? The moment you fly an aircraft, let’s say from Norway to Sweden or the opposite, you are de facto importing that aircraft. Who the owner is doesn’t matter. Then, there are different regulations and exceptions that defaults to some kind of temporary import with or without some strings attached. Typically means of private transportation is exempted from reporting, but this doesn’t mean it is still temporarily imported.
From what I gather it’s only the reporting of a private aircraft that has changed. It’s now more like boats and cars instead of having a special thing for aircraft.
What about ports of entry? Can a country still require that flights from outside EU land in one of those?
Can a country still require that flights from outside EU land in one of those?
Depends on the country but my understanding YES you have to use PoE of the country but probably for other reasons than customs (if “nothing to declare” of course), say they like to check any “international flight” for “corona tests”? that requirement may come from some local laws of the country who owns them (e.g. immigration, national security, aerdrome certificates, national health…) rather than according to customs laws, which are now clarified to be at EU level and apply at the EU border if you have nothing to declare…
I think you can’t just put things in one YES/NO, even in UK, if you are importing EU aircraft (you want to declare) or operating GA public transport flight from EU (not private flight), you can’t just go and land in grass strips with 4h GAR under with temporary CoA, you have to land in the restricted list of “UK customs airports”
For Norway, you can land anywhere from a Schengen country. But, you have to report to customs at least 4h before you arrive, and stay there until someone comes, or the time runs out. It’s all pretty stupid, because no such regulation exist for boats, cars, bicycles, snowmobiles, MC or anything. Illegal import of private aircraft for sure must be a super tiny guppy compared with cars, boats and MC (where no such rules exist). It’s just plain stupid, and I’m glad to hear that EU has finally fixed this on their side (I can’t remember this to be even an issue when going to Sweden, even decades ago, but maybe I have been smuggling all this time? )
What prevents someone who “has nothing to declare” (no goods are carried & aircraft in free circulation) from landing in non-customs airports?
In the past 10 years before this law has passed? and next 10 years after it has passed?
I have been fined 1500 Euro by French customs for exactly this a few years ago.
And just last year (2020) 100 Swiss francs by Lausanne customs for attempting to depart TO a transit destination outside Schengen without presenting our luggage to Swiss customs. I repeat: Outbound 🙃
If this new law really removes the need for a customs airport on the EU side it is a major game changer for me… I typically commute between a non customs french airport and a customs- capable Swiss one….
I have been fined 1500 Euro by French customs for exactly this a few years ago. And just last year (2020) 100 Swiss francs by Lausanne customs for attempting to depart TO a transit destination outside Schengen without presenting our luggage to Swiss customs
Interesting and thanks for sharing, is the fine related to items/values in your luggages?
Say one who fly without carrying anything, “going naked”
Yes the rule is a game changer for Swiss/France flying
Thank you for posting that, Flyingfish. Very few people would have done so
The “outbound” matter is generally addressed by filing a flight plan to the “correct” place and then, once out of the airspace of the country of departure 
diverting as desired. Some time ago I was at an airport in the “south of Europe” where some people had their outbound flight plans summarily cancelled by the tower because the destination was not legally ok from that airport. The solution was as I describe above, and everybody was happy
Flyingfish wrote:
If this new law really removes the need for a customs airport on the EU side it is a major game changer for me…
It will remove one hassle, for sure. I’m honestly struggling to know why they even have this for small GA aircraft – there can’t be much revenue generated, and they have to pay people to process the requests, even if the agents don’t bother coming to the airfield. I’d say random checks would keep people in line, just like they do at the border between CH and FR/DE/AT/IT when you drive across. BTW, there are probably 100-200 thousand car crossings per day into and out of CH, and I’d guess 100 small GA aircraft on a busy day.
