ALERT: New 2025 guidance from the EU about Temporary Admission

ADDED November 2025

• Is commercial traffic restricted? Hint: Absolutely not

• Which establishments qualify as customs declarant?

• Are pilots or passengers considered the real users of the aircraft?

• How should aircraft repairs be managed within the EU?

• Can aircraft be used for aerial photos, firefighting, or similar?

• What about selling an aircraft flown into the EU under Temporary Admission?

The EU Commission has once again published one of its key guidance documents, describing several important topics. regarding the use of Temporary Admission (TA). 

This 2025 guidance should be seen as part of the Commission’s increased focus on all types of Means of Transport (MoT), making it more important than ever to understand and correctly use TA before flying to the EU.

The trend is clear: EU customs authorities are increasingly requesting verification and documentation of customs status for any type of MoT moving. The disruptions caused by COVID and Brexit issues, which nearly paralyzed EU customs for years, now appear to be behind us. Proper implementation of customs procedures is once again a high priority.

As always, the guide is not legally binding for EU member states but is widely regarded as a positive indicator of what is considered correct and good practice. Interpretations may vary between member states, which is why it is always advisable to have a competent customs agency provide guidance tailored to the specific setup. Ensuring safe use of TA means ensuring full compliance as well as the ability to prove this compliance, which requires correct documentation. At OPMAS, we can help ensure, and most importantly, document your operations’ TA compliance for safe EU travels.

In this news flash, we have compiled the six most important topics in clear language, including our commentary, for your convenience.

1) Is commercial traffic restricted?

No, commercial (internal) traffic, such as Part 135, is not restricted. Commercial traffic was removed as a restriction back in 2016 with the introduction of the new Union Customs Code (UCC). Yet, it is still the responsibility of the physical operator (the customs declarant) to secure TA compliance and traffic rights (also referred to as charter permits), the latter if relevant. A violation, such as missing traffic rights while flying commercial internally within the EU, can no longer create a customs debt, meaning that the operator will be forced to pay the local VAT and customs duty on the ramp. Here, internal traffic is defined as legs flown within the EU.

2) Which establishments qualify as customs declarant?

The customs declarant must be established outside the customs territory of the Union.

3) Are pilots or passengers considered the real users of the aircraft?

The customs declarant must be the real user of the aircraft. The ‘real user’ is defined as the entity with physical control of the aircraft, meaning the entity piloting the aircraft. In customs terms, the pilots are considered the real users of the aircraft, not the passengers in the cabin, which some might mistakenly think. This means that the customs declarant must be the company that supervises or controls the aeronautical operation and instructs the crew about aeronautical decisions. This definition is extremely important, as it determines the restrictions for carrying EU persons onboard the aircraft.

4) How should aircraft repairs be managed within the EU?

TA can only be used to visit a maintenance workshop if the need for servicing has arisen spontaneously after flying into the customs territory of the Union. Services such as Maintenance, Repair, or Overhaul (MRO), adjustments, measures to preserve the aircraft, or ensuring compliance with the technical requirements for the use under the TA are, for instance, admissible if the usages do not lead to any permanent change of the aircraft, permanent increase in performance, or considerable added value. Alternatively, the workshop must initiate a customs procedure called Inward Processing, as TA cannot be used to access the customs territory of the Union if the purpose of the entry is servicing of the aircraft. All international-minded workshops know about this procedure.

4) How can aircraft repairs be handled within the EU?
TA can only be used to visit a maintenance workshop if the need for servicing has arisen spontaneously after flying into the customs territory of the Union. Services such as Maintenance, Repair, or Overhaul (MRO), adjustments, measures to preserve the aircraft, or ensuring compliance with the technical requirements for the use under the TA are, for instance, admissible if the usages do not lead to any permanent change of the aircraft, permanent increase in performance, or considerable added value. Alternatively, the workshop must initiate a customs procedure called Inward Processing, as TA cannot be used to access the customs territory of the Union if the purpose of the entry is servicing of the aircraft. All international-minded workshops know about this procedure.

These examples are allowed under TA:

• Repair and/or maintenance of the aircraft by replacing the batteries, brakes, oil, wipers, or tires
• Service, guarantee, or courtesy work such as maintenance of the air conditioning system
• Repair and/or maintenance of the aircraft by replacing the turbines

These examples will not work under TA:

• Installation of a Wi-Fi system that was not installed beforehand
• Completely repainting

5) Can aircraft be used for aerial photos, firefighting, or similar?

No, TA cannot be used if the purpose of the entry into the EU is, e.g., aerial photos or firefighting. TA is only meant for the transportation of either goods or people. Based on the principle behind this, any kind of surveillance, agriculture, survey use, etc., also eliminates the possibility of using TA. The list is not absolute. Other customs procedures must be used for these kinds of activities.

6) What about selling an aircraft flown into the EU under Temporary Admission?

It is no longer prohibited for a seller to fly an aircraft to a place of delivery in an EU airport, but certain customs procedures must be applied correctly to avoid VAT liabilities.

Topics 4, 5, and 6 will be covered by 3 separate Short & Sweet articles in 2026, so please stay tuned.

The guidance document is available in English, French, and German and can be found here

Important feedback to operators

Feedback indicates that customs ramp checks have been occurring more frequently over the last couple of years, but many operators still rely on the TA procedure without being fully prepared, thereby creating unnecessary risk. At OPMAS, we ensure that your operations are not only compliant but also ready to withstand any inspection.

• Be prepared, every time – TA is all about preparation, just like preparing for a SAFA check.
• Have documentation ready – Most issues are not about compliance itself but about failing to document it correctly.
• Avoid unnecessary delays – We have seen aircraft grounded for days simply due to a lack of basic understanding of how TA works.

How can we help?

If you have questions about the above, please do not hesitate to contact us.