Customs: play it safe
The travel season begins, and with it the uncertainty regarding European legislation on customs clearance for cross-border traffic with light aircraft.
In 2023, Dutch citizen (living in Switzerland) Frans Bosch submitted a petition to the European Parliament on the implementation of EU customs regulations in general aviation. Although there are actually clear guidelines for cross-border GA air traffic in EU Regulation 2020/877, these requirements are still not or only partially implemented in various EU states years later. The Petitions Committee has now commented on the request and closed the petition. In a nutshell:
- The EU Commission has received a response from the customs authorities of 23 Member States following the petition.
- Aircraft are subject to different conditions than goods or persons on board.
- Aircraft do not require customs control as a means of transportation.
- Goods and persons on board can and may be checked.
- In order to be able to carry out checks on goods and persons on board, customs authorities of EU member states are allowed to set the rules themselves.
- "Some" member states continue to demand a landing at a designated customs airport.
- 11 Member States require an electronic notification (i.e. customs form) in advance in order to decide whether a check makes sense or not
Finally, the EU Commission writes: "The circumstances in the Member States (e.g. risk management criteria) may differ depending on the place or time, which may lead to different consequences with regard to customs formalities for recreational aircraft." (Summary Frans Bosch)
In short: With the exception of Germany and now also France (see commentary by Dr. Raphael Widmer-Kaufmann), EU Regulation 2020/877 is still being implemented differently in various countries. For pilots from Switzerland, this means that they should always familiarize themselves with customs formalities before flying abroad and not rely on or refer to secondary information. Or as the legal expert from the German aviation magazine recommends to readers: "Don't argue with customs!"
Conclusion of the FFAC (updated 09/24)
In principle, flights from Switzerland to the EU do not have to fly to a customs airport; the registration or stationing location of the aircraft and the ownership, nationality or license of the pilot are irrelevant.
- However, the facilitations with regard to the customs airport only apply if the goods carried on the flight are also intended for release for free circulation or temporary admission.
- If a flight from Switzerland to the EU flies to an official customs airport, customs must be cleared properly.
- A customs airport is any airport that is designated as such by an EU state, even if it only provides customs clearance on request.
- The facilitations regarding customs airports only apply to flights entering the EU. The legal situation for flights from the EU to Switzerland has not changed with regard to customs airports.
- Even if the facilitations regarding customs airports of Regulation (EU) No. 2015/2446 are directly applicable in the customs territory of the EU, it is recommended to inquire with the competent authorities before entering the country.
- In Germany, it is recommended to use the "Information letter regarding customs regulations in air transport; Simplifications in the customs declaration for aircraft" of the Directorate General of Customs.
- For the customs declaration of goods in Switzerland, the official app "Quick Customs" available. The app also provides a summary of information regarding entry.
- The FOCA has published corresponding information on cross-border flights and customs airports in Switzerland. The information can be found on the website "Cross-border flights«.
- The customs facilitations do not change the fact that flight plans must still be submitted for flights between Switzerland and the EU.
- For flights from Switzerland to the EU, duty-free refueling is possible under certain conditions; however, passengers must be carried for a fee or it must be a training flight with a flight instructor on board.
Questions for flight schools?
More and more flight schools are now transferring part of their training abroad over the winter, primarily to the south. Questions and uncertainties have also arisen in this area. The AeCS would be available as a "hub" for information and questions in the spirit of cooperation. Please send e-mails with experiences or questions with the reference "Flight school operations abroad" to info@aeroclub.ch send.
Picture: Blaubeuren (EDMC), a German special landing site without customs duties. Photo Chrigel Markoff)
And don't forget to consult the website of the European Commission, section, "Réintroduction temporaire du contrôle aux frontières (Temporary Reintroduction of Border Control)"
https://home-affairs.ec.europa.eu/policies/schengen/schengen-area/temporary-reintroduction-border-control_en?prefLang=fr
C'est très parlant pour un texte et ...edifiant
Bonjour,
I have carefully read the various texts and called up the French douanes.
Les personnes peuvent transiter selon l'Arrêté du 24 octobre 2017 art 9 mais ce n'est pas le cas pour les marchandises voir Art 14 et Art 17.
As Switzerland is a member of Schengen and not of the Union, we are subject to the passage of a customs airstrip in France for merchandise. the site in reference below, the main bags are just subject to deportation
Les douaniers m'ont renvoyé sur le site : https://www.douane.gouv.fr/fiche/aeroports-internationaux-de-lunion-aiu
Ce que je n'ai pas réussi a savoir :
Is it the case that a baggage à main (a pilot's bag, night bags or a lady's bag) are considered to be goods (given that it is not a purchase in France, but a personal transaction)?
Qu'est ce qui est réellement considérer comme un marchandise ?
Could the author please link the forms and websites mentioned in the article? That would be a great help - thank you!
Thank you for the exciting information! I can add the following to my article in Aero-Revue 4/2022: Flights between Switzerland and France have been greatly simplified. France has largely implemented the EU customs regulations without - unlike Austria, for example - providing for certain controls.
This means that when flying from Switzerland to France or back, all airfields in France may be approached. It is also no longer necessary to fill out a so-called "préavis", although this is still sometimes noted in the AIP at the airfields and on the websites of the airfields. The customs office has explicitly confirmed to me that a "préavis" is no longer required for any of the French airfields.
The legal basis for flying to any airfield can be found in the "Arrêté du 24 octobre 2017 relatif au franchissement des frontières par les personnes et les marchandises sur les aérodromes". Article 9 expressly states that intra-Schengen flights may also fly to airports that are not so-called "Point de Passage Frontalier" airports. It also expressly states that no formalities are required for crossing the border. This regulation is then also reproduced in AIP France Gen 1.2 and 1.4.
However, a major exception applies if goods are carried that have to be cleared through customs. This is particularly the case if the duty-free allowances (e.g. alcohol, cigarettes, etc.) are exceeded. In this case - as with all flights from Switzerland to the customs union - it is mandatory to fly via a so-called union airport. You can find out which airports are Union airports in the corresponding EU list: https://taxation-customs.ec.europa.eu/system/files/2023-02/List of International Union Airports.pdf
The commentary by Dr. Widmer-Kaufmann is unfortunately fictitious and it is therefore extremely dangerous to be affirmative as well, given the aggressiveness of the French authorities.
L'AIP France Gen 1.2 which is cité dit ceci:
"All foreign-bound aircraft arriving on French territory must make their first landing at an airport equipped with customs, police and health controls. Likewise, any aircraft leaving French territory for a foreign destination must carry out its final landing in French territory at such an airport." This is therefore extremely clear. In the case of the Schengen area, the police check is not necessary, but the customs regulations apply.
The Arrêté du 24 octobre 2017, which is also cited in Art. 9: "Aerodromes not having the quality of a frontal point of passage are authorized to receive direct flights from or to countries belonging to the Schengen area, without any formality related to border checks on persons being required, without prejudice to the provisions set out in Chapter III of this Arrêté."
"sans préjudice des dispositions..." means that what is said does not call into question Chapter III. Article 9 applies to the Schengen area, but Chapter III deals with goods and therefore with customs.
It is high time that France applied the European directives. But while waiting, do not take the risk of an infringement...
Thank you very much for your important input! It should be emphasized that the customs issue is anything but simple, there are various exceptions and a wide variety of circumstances are conceivable, which in turn lead to different results. In my comments, I have only considered a situation in which a Swiss crew resident in Switzerland and Swiss passengers resident in Switzerland fly privately to France on an aircraft that is registered in Switzerland and belongs to an association based in Switzerland, in the sense of a cost-sharing flight. In addition, the passengers are not carrying any goods that have to be cleared through customs, no repairs are carried out on the aircraft in France and no passengers remain in France or join the aircraft for the first time.
Before I address the regulation in the AIP that you mentioned, I would like to state the following: The AIP contains in section GEN 1.2 all information on the import of the aircraft, in AIP GEN 1.3 all customs information on the crew and passengers and in AIP GEN 1.4 all regulations for goods. All three chapters must be observed! It is also important to know that ultimately it is not the AIP but French and European laws that apply. As the case from Würzburg, which is quoted below, shows, you cannot rely on the information in the AIP!
Nevertheless, it is correct that the AIP GEN provides the following in section 1.2.1 - i.e. in the chapter concerning the import of the aircraft - under the heading "GENERALITES": "Tout aéronef en provenance de l'étranger qui pénètre sur le territoire français doit effectuer son premier atterrissage sur un aéroport disposant des contrôles de douane, de police et de santé. De même tout aéronef quittant le territoire français pour l'étranger doit accomplir sa dernière escale en territoire français sur un tel aéroport."
However, this is only the basic principle. Following this principle, the AIP lists various detailed regulations. Under the title "REGIME PARTICULER" are the exemptions for aircraft from countries that have signed the "Multilateral Agreement
on traffic rights for non-scheduled air services in Europe" (SR 0.748.127.2). Switzerland is one of these states.
Under letters A and B, under the heading "Le vol est intra-européen", those exemptions are then listed for flights from the countries of the European Civil Aviation Conference (ECAC). Switzerland is one of these states.
For "Vols non commerciaux" with aircraft registered in ICAO states, it states: "Les vols non commerciaux effectués par des aéronef civils immatriculés dans un État membre de l'OACI sont soumis à la seule obligation du dépôt d'un plan de vol auprès des organismes compétents chargés de la navigation aérienne." In the following paragraphs, it is then additionally stated that this sentence only applies if the state from which the aircraft comes does not provide for any special authorization. This is the case in Switzerland (see Switzerland AIP GEN 1.2 point 4).
Conclusion: The import and export of a Swiss aircraft is basically possible simply by submitting a flight plan. Under the title "Régime douanier des aéronefs assurant des services non réguliers", however, there are further requirements that must be met in order for the aircraft not to be subject to customs clearance or for the aircraft to be imported into France for so-called "temporary importation" and for the crossing of the border to be considered a so-called implied customs declaration. The conditions listed there are those prescribed by EU law and therefore also apply to flights to Germany, for example. These requirements must be met, otherwise the aircraft must be cleared through customs.
AIP GEN 1.3 should also be observed, which states the conditions under which crew and passengers may enter France without further formalities. AIP GEN 1.4 also contains all the rules on customs clearance for goods carried on board. I cannot go into these in detail here.
In short: before every flight, you need to check exactly which controls and regulations must be complied with. This is time-consuming and not easy. It is therefore always worth contacting the French customs authorities in advance to clarify your own case. However, it is quite possible that the customs authorities will inform you that you do not need to comply with any further formalities when flying privately to France.
Hello, I would like to check your reply and ask you if you would agree to provide a copy of the confirmation from the customs office that was given to you "that no French airport requires any more "préavis"". I have the impression that this would be a good document to keep in your bag 🙂 Thank you!
Würzburg
It was a few years ago, but it still hurts. After a flight with a stopover in Würzburg, which according to Botlang was a customs airport at the time, I was hit with a customs complaint and VAT bill of around €20,000 and a fine of around €500, even though I had filed a flight plan, customs declaration, telephone registration with Würzburg airport before the flight and after landing I contacted the Würzburg police, who are responsible for customs clearance and found everything to be in order, via the flight controller. None of the authorities found it necessary to draw my attention to the fact that Würzburg was no longer a customs point. On request, the main customs office in Schweinfurt referred to the last page of the German customs website where the revocation of the customs permit in Würzburg was noted. Legal expenses insurance took over the case as a gesture of goodwill for €10,000, but hired a trainee to handle the case who was completely overwhelmed. AOPA Germany was not even consulted by customs. It was only the intervention of Dr. G. Burret, a specialist in customs issues, that the main customs office in Schweinfurt stood up to them. Nevertheless, the 20'000€ VAT on the 50 year old airplane had to be paid, whereby the AOPA Switzerland and fellow pilots helped to collect the amount. Now my comrades could fly back to Germany without risking that the airplane would be chained up somewhere by customs.
The incident clearly shows that customs, not only in Germany, is a state within a state and operates in a self-defined legal area in which the existing international laws and regulations are interpreted differently by each main customs office, and certainly to the disadvantage of those affected.
In fact, nothing has changed since before the introduction of Schengen, except that it has become even more difficult because there are fewer and fewer customs airports, especially in France. The regulation in Germany brings some simplifications, but is absurd in its interpretation because airports that could already be approached for customs purposes still require notification, but those that could not be approached do not. Austria still requires notification. In France, each airfield seems to have its own rules anyway, often with a lot of PN. Italy remains the same. And Switzerland goes one better by asking for name, date of birth and ID number for the customs declaration, i.e. in effect carrying out a personal check, contrary to the Schengen Agreement. I can fly on an airliner without an ID, but on a private plane I even have to register it beforehand ... simplification compared to the 90s - no way. Long live bureaucracy.