Short & sweet no. 25
Which types of specialized operations cannot be performed under Temporary Admission?

• Can Temporary Admission be used for commercial SPO? (the answer is NO)
• Which specific activities are prohibited?
• Why is Temporary Admission not available for these activities?
• Are there any exemptions?
• Can an ATA Carnet be used for Temporary Admission? (the answer is NO)

We are frequently approached by non-EU operators asking whether their aircraft can be operated for commercial purposes under an SPO (Specialised Operations licence) using Temporary Admission (TA) when flying within the EU.

The short answer is no. This applies even if the operating structure is entirely non-EU and all standard preconditions and limitations are otherwise complied with. The reason is that TA may only be used for aircraft whose purpose is the transportation of persons and/or goods.

For the sake of clarity, the commercial-use definition of TA does allow certain commercial activities. However, this is limited to a e.g. scheduled airline flying with a ticket sale, and transportation of commercial freight/goods. Most private, corporate, and some commercial aircraft (e.g. group charters) operate under the private-use definition of TA. Neither of these TA definitions allows use for activities other than the transportation of persons and/or goods. For more information, click here.

Over the years, we have compiled the following list of commercial work activities for which the use of TA is not permitted

Temporary Admission cannot be used for these activities:
Aerial photography
Calibration of an ILS or other airport equipment
Clearing saw operations
Crop dusting
External loads operations
Firefighting
Geographic survey
Any medical, laboratory, and hospital services (medical evacuation is, of course, allowed)
Parachuting (where the jumper is paying directly for a jump to the operator)
Stringing power line operations
Civil aircraft used for border control missions *
Civil aircraft used for environmental control missions **
Civil aircraft used for aerial refuelling missions ***
Civil aircraft used for intelligence, surveillance, and reconnaissance missions (ISR) ***
Civil aircraft used for search and rescue missions (SAR) ****
Any other type of survey or other commercial or construction work, similar to the above
Any aircraft used for a special purpose other than transportation of persons and/or goods

This list is not exhaustive.
* Including operations for Frontex, national police forces, or border agencies
** Including operations for national environmental agencies
*** Including operations for NATO or any air force
**** Including operations for national coastguard agencies

Why Temporary Admission cannot be used for these activities
TA limits the local usage of an aircraft to avoid unfair competition for local companies. EU companies will have to account for and pay local importation taxes (VAT), whereas all EU outsiders are exempt from these taxes as long as certain (TA) preconditions are met. One of the preconditions is that no commercial work can be performed under TA. If an operator wishes to conduct business within the EU in any of the above-listed no-go areas, the operator must establish a local presence, import the aircraft, and handle all relevant importation taxes and duties, just like any other EU-based provider. OPMAS can, of course, assist with such importation processes. These limitations are based on the Istanbul Convention, which governs the use of TA. They are therefore not an EU-specific invention. Similar restrictions apply globally, meaning that the EU approach is fully in line with international practice.

Is EU transit allowed for aircraft not configured or used for transportation of persons?
Yes. Transit under TA, such as a flight to an EU-based maintenance workshop or transit through EU territory to a non-EU destination, is, of course, allowed.

Are there any exemptions that allow an operator to use Temporary Admission for commercial work?
Yes, there are two exemptions.

1. Emergency use
An aircraft that would normally not be eligible for TA may be allowed to operate in a genuine emergency situation. For example, a non-EU aircraft urgently required for firefighting will be permitted, provided the operation was not planned or contractually agreed in advance. A firefighting aircraft waiting outside the EU (already under contract for EU use) for a serious fire (which is also an emergency) to start will not be considered proper emergency use. The period of stay will be limited to the end of the emergency situation.

2. Special or rare equipment
An aircraft equipped with special or rare equipment (e.g., a specialized laboratory) can, in an isolated case, be accepted by local customs and allowed one entry with a maximum stay of 3 months.

Both exemptions will require certain procedures to be followed.

IMPORTANT!

The ATA Carnet is not an option
An ATA Carnet cannot be used for aircraft under any circumstances worldwide. Operators should be extremely cautious not to fall into this trap. We have seen numerous cases where operators encountered serious legal and financial consequences, even when they had obtained what appeared to be a valid ATA Carnet covering the aircraft. The use of an ATA Carnet for an aircraft is considered an incorrect or false customs declaration, often resulting in the full payment of importation taxes and duties. The only legal and viable options are TA or full importation. Aircraft are simply not covered under the ATA Convention.

How can we help?
If you have questions about the above, please do not hesitate to contact us.