Am I really the only Dane here? I have to advertise a little more I guess :-)
I am no expert here, but it is definitely true that the Danish stand on this has been special, making it illegal to base a private airplane on foreign register except while awaiting Danish registration.
This was eased a little in 2012 – after a trial? – and now foreign aircraft can be based in Denmark if on an EASA CoA and on an approved maintenance plan. It still takes individual approvals, though.
It is all in AIC B 20/12, which is in Danish language only.
What EASA means to this I don’t know – I am not sure even which pile of EASA regs is relevant to this.
foreign aircraft can be based in Denmark if on an EASA CoA
I am 99% sure it would be totally illegal for Denmark to block long term parking of other EASA regs – on discrimination grounds.
The current set of EASA regs contains no long term parking block on any reg, so Denmark should not be able to do this at all. However you may well have a point… in the same way the UK CAA clearly is entitled to charge say £100000 for a CofA renewal, Denmark may be allowed to impose long term parking regs on non EU aircraft…
What was the trial? Was it that “zero VAT” lawyer? It was in the news that he got fined a few hundred € for parking his N-reg vintage piston twin, but that was before 2012.
There is a similar situation with the UK ANO article 223 (page 167 of the PDF) where the words “other than the United Kingdom” ought to contravene EU non discrimination regs.
EASA PART-NCO – an end to ground based anti N-reg measures (e.g. Denmark)?
Does part-NCO mean that Denmark (ref here – search for “Denmark”) will have to abandon its N-reg long term parking regulation?
Or can any EU country carry on with any ground based discriminatory measures because they are outside EASA scope?
ICAO retained for all contracting States the ability to
otherwise obviously nobody would have signed the treaty! But the EU treaty goes way beyond that in authority – hence all the hot political issues in Europe over “European central government” etc etc etc – and the above two ICAO principles are now lost for all EU countries.
The Q is really whether EASA (an agency of the EU) has introduced anything banning long term parking discrimination.
Wasn’t there a post here quoting a similar reg in Norway? I vaguely remember something being talked about…
Part NCO is not relevant for N-reg. Part-NCO is not even relevant for operations of Annex II aircraft. Part-NCO is only relevant for operations of EASA-reg.
For Norway, the thing is that the regulations it replaces (BSL 3-1) has a clause that prevents operations of foreign registered aircraft, without specific permission from the Norwegian CAA, when a mutual agreement (between the authorities) for such operation does not exist. This is also linked to the wording in the law, and you have to look at both the regulation and the law. Norway is not a part of EU, so what is “legal” in EU is not relevant, not one bit. BSL 3-1 is valid for all private operations in Norwegian air space, it doesn’t matter where the aircraft is registered. N-reg is not forbidden, you just have to follow any arbitrary regulations and AICs that LT creates (and they do the strangest things sometimes).
Part-NCO has replaced BSL 3-1. Technically this means that the clause also is gone, but it is only relevant for EASA reg. I thought maybe this would change things on a more general scale, but looking at it now, not much has changed except for EASA aircraft. For all other registered aircraft (non EASA and Annex II) BSL 3-1 is still there in all it’s “glory”.
LT will change BSL 3-1 so all private operations has to follow part-NCO, and thereby creating one common regulation for all private flying (EASA, non EASA, experimentals, microlights everything). This will happen in the spring of 2015. Still, there is nothing preventing LT to include a similar clause for foreign aircraft also in the new BSL 3-1. In fact it would be surprising if they didn’t.
I find this N-reg “business” rather bizarre actually. I don’t see that EU or EASA have any relevance what so ever on the specifics here. They are US registered aircraft and has to be operated according to US regulations. They are allowed to fly here because of ICAO agreements – only. What private operations are concerned, the ICAO agreement is extremely thin.
Norway is not a part of EU, so what is “legal” in EU is not relevant, not one bit. Quote
Well thats a thin statement.
Norway is a member of the EEC and have to abide EU laws. Ref the earlier restriction against using water scooters in costal waters.
That was taken to Haag, and the government lost with flying colors.
Same would go for this AIC. And my guess is that they are not too keen on putting their foot down on this.
At the same time, I guess few are very keen on traveling to Haag to prove them wrong.
Norway is a member of the EEC and have to abide EU laws
Norway is a member of the EEA (European Economic Area) through EFTA membership (European Free Trade Association). These are agreements governing trade, movement of goods and services etc. EEA members can adopt relevant EU laws through the EFTA court, but every law and regulation has to be ratified by the EFTA court and by each government and converted to local law.
Is there any update on long term parking N registered planes in Denmark?
Can any of the pilots based in Denmark offer any information on this?
Are there any N-regs based at your airfield?
Also, does Denmark treat VAT any differently to the usual i.e. if you buy a “VAT paid” aircraft and import it into Denmark, is it the usual thing where you just pay the VAT but can’t claim it back?