Be prepared for flying within the European Union (EU)?
OPMAS - EU import and admission of aircraft
Leading experts in EU importation and admission issues for aircraft owners and operators.
- Must-read for all aircraft operators flying to the EU
Dear aviation colleague?
Any aircraft flying into the EU will fly under customs control using either Temporary Admission (TA) or full importation. There are no other options. If the aircraft is not already fully imported, it will automatically be considered flying under TA even though the owner or operator has not themselves taken any action to activate this procedure or realized that their aircraft is flying under TA.
A full importation will not be needed in most cases, meaning that an operator should know about TA and be able to use it convincingly and without hesitation.
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The use of TA is paperless, but ...
TA is designed to be a paperless process with a voluntary option to document entries and exits using a Supporting Document. Thus, a qualifying aircraft can enter the EU without any customs contact or paper declarations.
Unfortunately, the paperless entry and exit procedure has created a common misunderstanding that an operator is not required to present relevant documentation?to prove TA compliance?upon request from customs.?Only the entry and exit are supposed to be paperless, but the operator must continuously live up to the preconditions of TA, handle the limitations correctly, and be able to document these at any time, even with only one visited destination.
The mentioned Supporting Document, if used, does not grant or approve any TA compliance nor grant free circulation status for a six-month period. The Supporting Document only acknowledges that the aircraft has arrived within the EU and is opting to fly under TA - nothing else.
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Be prepared - Important
When flying to the EU under TA, the aircraft must adhere to certain preconditions and is granted a suspension of all normal EU taxes and duties. As a consequence, there will naturally be customs checks to ensure that the TA terms are correctly fulfilled and documented. Failure to adhere to the terms or document them properly will often result in consequences.
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Prepare the use of TA the same way as for a SAFA check
An operator should prepare a compliance portfolio to support customs ramp checks the same way any operator will prepare a compliance portfolio for the EU Ramp Inspection Programme (SAFA) ramp check. Most operators do not realize that failing a customs ramp check could have consequences that outweigh the failing of a SAFA check manifold.
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Put simply, an operator must choose between:
a) not preparing any documentation, taking things as they come, which we do not advise,
b) preparing the documentation in-house, or
c) ask OPMAS or any other customs service providers to generate the documentation.
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OPMAS can help with a smoother use of TA
OPMAS has different TA solutions depending on the risk and travel profile. Please inquire for more details. To get a quick overview about the flying to the EU this review has recently been updated. Please have a look.
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The TA procedure has become a very well-defined customs procedure.
Please note that TA can be used to fly privately,?corporately, and?commercially?within the EU without any problems and with EU-resident persons onboard if applied correctly. Since 2014, the TA procedure has become a very well-defined customs procedure, especially for corporate and commercial aviation. This is thanks to the huge effort from, e.g., the EU Commission and NBAA.
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About OPMAS
At OPMAS, we have dealt with aircraft importation and admission for more than 25 years. We are based in Denmark, the only EU member state able to facilitate aircraft importation and admission for non-EU operators where the member state is not known for a lax tax policy. Danish customs papers are a safe haven that will never be compromised or questioned by the EU Commission.
We are always available for a quick chat over the phone or email, just let us know. OR If you ever need to get in touch, we're just a phone call or email away. Don't hesitate to reach out – we're always here to lend a helping hand.
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Best regards
Lasse Rungholm
CEO, LL.M. Master at Law, ATP MEL, MES
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Tel.: +45 70 20 00 51
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OPMAS ApS
Soenderborggade 9
DK-8000 Aarhus C
Denmark
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Member of EBAA and NBAA