Short & Sweet no. 14
Part 3: Arriving in the EU using the TA procedure (does an operator need help?)

• Temporary Admission is easy and flexible if you know how to use it
• Do you need a helping hand?
• Good reasons to ask for a helping hand
• Be ready for customs ramp checks

Many operators can use Temporary Admission without any help from customs experts such as OPMAS, but in some cases there are good reasons to ask for a helping hand to secure the overall TA compliance and be ready for customs ramp checks around the EU. Allow us to dig deeper into the topic.

The customs aspect of flying within the EU
Any aircraft flying into the EU will operate under customs control using either the Temporary Admission procedure (TA) or full importation (FI). There are no other options. If the aircraft is not already fully imported, the aircraft will automatically be considered as flying under the TA procedure even though the owner or operator has not themselves taken any action to activate the TA procedure or realized that their aircraft is flying under TA. The TA procedure can only be used by EU outsiders where the aircraft is owned (including any UBOs), operated, registered, and based outside the EU, leaving EU insiders with only one option: full importation. EU outsiders can, of course, choose to use full importation instead of TA if they find it beneficial. However, both options can be used commercially or privately if applied correctly.

Do you need a helping hand?
Help with documenting or clarifying TA compliance is probably not needed if the aircraft only has flights that start or end outside the EU (no internal trips), does not carry any EU residents as crew or passengers, and the crew and operator understand the practical usage of the TA procedure in the different EU member states that the aircraft plan to visit. However, we will always recommend an operator to check the full TA compliance before flying to the EU as other factors than those mentioned might also influence compliance.

Good reasons to ask for a helping hand
However, if the aircraft has a more complex flight pattern with internal EU trips, carries EU-resident persons onboard – both crew and passengers – and any delays, uncertainties, and TA-compliance risks want to be avoided, we recommend that the operator contact OPMAS to examine their specific case. The below-mentioned points are the typical situations where operators need help or guidance to use TA in a safe way. Yet, none of the situations cause problems for using TA if handled and documented correctly.

The typical situations where operators need help or guidance to use TA

• You have a case with an owner (including the UBO) with EU citizenship but residing outside the EU
• You have a complicated aircraft structure and wonder if it will work with TA
• You need help to secure the use of TA and prepare a ready-to-use portfolio to prove the TA compliance for customs
• You need a tool to quickly handle a customs ramp check
• You have pilots who do not fully understand the use of TA and feel unsecure explaining customs why their aircraft is eligible to use TA
• You plan to fly commercial group charters (such as Part 135)
• You plan to fly with passengers where the purpose of the flight is business (such as Part 91)
• You plan to fly point to point within the EU
• You plan to ask the passengers to reimburse flight costs
• You plan to use the aircraft for purposes such as, e.g., demonstration flights
• You plan to use a yacht-based helicopter
• You wonder whether the crew or the passengers are considered the real users of the aircraft (decisive for rights)
• You plan to appoint the owner entity (use the FAA operator definition) as the operator/declarant in customs (TA) context, instead for the management company
• You have heard that the owner must be present somewhere within the EU (not correct in most cases)
• You have heard that an authorization letter is needed and mandatory when carrying EU-resident passengers (never been correct)
• You plan to employ EU-resident pilots
• You plan to carry EU-resident passengers
• You plan to carry pets
• You are confused about the use of the Supporting Document
• You are confused about the demand for entry/exit documentation
• You wonder how the 6-months stay period is defined

IMPORTANT!
Be ready for customs ramp checks

We acknowledge that it might be difficult for operators to prepare a convincing portfolio of documentation proving TA compliance, ready for customs ramp checks so that operators avoid the large financial risks as well as hours or days of delay at the ramp while their case is perused. We have helped hundreds of clients prepare for ramp checks. A ready-to-use portfolio is simply an extra layer of security, easing customs ramp checks and giving all involved entities peace of mind.