COMMERCIAL AND CORPORATE FLYING WITHIN THE EUROPEAN UNION
Short & Sweet no. 14
Temporary Admission is easy and flexible if you know how to use it
- Many operators can use Temporary Admission without any help from customs experts such as OPMAS
- Good reasons to ask for a helping hand
- Be ready for customs ramp checks
Any aircraft flying into the EU will fly under customs control using either the Temporary Admission (TA) procedure or full importation. 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 the TA procedure. 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.
Please, note that TA can be used to fly private, corporate, and commercially within the EU without any problems with EU residents onboard if applied correctly. Moreover, since 2014 the TA procedure has continuously become a very well-defined customs procedure, especially for corporate and commercial aviation. This is thanks to the huge efforts, e.g., from the EU Commission and the NBAA.
Many operators can use Temporary Admission without any help from customs experts such as OPMAS
If the aircraft has flights that start or end outside the EU, do not carry any EU residents as crew or passengers, and the crew and operator have a full understanding of the practical usage of the TA procedure in the different EU member states that the aircraft plan to visit, help with documenting or clarifying TA compliance is probably not needed. However, we will always recommend asking us to check the full TA compliance as other factors than the mentioned can influence the compliance. We do not charge any fee for this verification process.
Good reasons to ask for a helping hand
However, if the aircraft has a more complex flight pattern or all uncertainties 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. 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
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.
How can we help?
If you have any questions about the above, please do not hesitate to contact us. We offer a cost-free introduction and analysis of the owner, user, and operator scenario to find the best option for you when flying within the EU. Please, feel free to contact us at any time.
Selected links covering this issue
Short & Sweet no. 9 – Part 1: what to do when arriving in the EU using the Temporary Admission procedure?
Short & Sweet no. 11 – Part 2: what to do when arriving in the EU using the Temporary Admission procedure?
List of all OPMAS
Short & Sweet mails:
No. 5 – What about private use
of corporate aircraft?
May 2021 TA FI
No. 4 – What does ‘VAT paid’ mean?
Mar 2021 FI
No. 2 – Flying commercially
within the EU
Feb 2021 TA FI
No. 1 – Flying with the
CEO within the EU
Nov 2020 TA FI