If you don’t read FIR NOTAMs, how do you know about temporary restricted airspace?
Fly IFR in CAS 
Google “Liste der Zollflughäfen”
That’s one list; where is the other one?
T28 wrote:
Seriously considering the number of Grenzgänger crossing both ways I very highly doubt the “temporary import via a manned crossing point” is enforced or even has legal standing to begin with.
It is not about a “manned” crossing point, it is about an official point of entry. As said, doesn’t matter if it’s manned at that time. From my own experience (I grew up close to this border) the Grenzgänger use such points – and yes, I was denied entry into Switzerland once when I wanted to cross it to drive from one German city to another one because I had a floppy disk on the right seat and the customs official told me “I can’t tell if that is software worth millions (sic!) you are bringing illegally into Switzerland”.
And btw just to get out of this “it’s only against aviation” notion: Please do not forget that the pilot was not the owner of the airplane but rented it from an aero club – the rules for rented cars are by orders of magnitude more complex than the ones for rented planes. Basically: Don’t cross the border in a rented car if the entry point is not manned and the customs official tells you it is ok.
Airborne_Again wrote:
Is this list (pointed at) in the AIP?
I don’t have a copy of the AIP here but I guess so.
@Malibuflyer – https://www.zoll.de/DE/Fachthemen/Zoelle/Zollverfahren/Voruebergehende-Verwendung/Grundlagen/faelle_befreiung_faq.html?faqCalledDoc=302198&faqCalledDoc=302198
Where does it say that a Beforderungmittel is Abgabefrei only if I cross at an official checkpoint? Actual law article reference please.
Malibuflyer wrote:
Peter wrote: The lists are where, again?Google “Liste der Zollflughäfen”
Is there the same thing in English?
Malibuflyer wrote:
It is not about a “manned” crossing point, it is about an official point of entry. As said, doesn’t matter if it’s manned at that time.
Until they decide to prosecute?
@Malibuflyer – please refer to EU 2015/2446 which under art 138 lit. c) specifically declares “means of transport” as admitted free of charge and under art 141 lit c) specifically provides for crossing “non-official” checkpoints as long as the “Nothing to declare” sticker is displayed on the vehicle.
Further to that, article 104 lit. f specifically frees me from the obligation to declare the means of transport.
Should we maybe remind Germany that international law supersedes national law and it is up to the legislator to see it is implemented?
T28 wrote:
@Malibuflyer – https://www.zoll.de/DE/Fachthemen/Zoelle/Zollverfahren/Voruebergehende-Verwendung/Grundlagen/faelle_befreiung_faq.html?faqCalledDoc=302198&faqCalledDoc=302198Where does it say that a Beforderungmittel is Abgabefrei only if I cross at an official checkpoint? Actual law article reference please.
It doesn’t say it, because it is not true! It does say, however, that such import for temporary admission needs to be declared explicitly before bringing the goods into the customs union territory.
It is a separate regulation for cars, airplanes and other means of transportation that such a declaration can be made implicitly if you cross at an official point of entry. And no – I don’t know the respective paragraph by heart
T28 wrote:
please refer to EU 205/2446 which under art 138 lit. c) specifically declares “means of transport” as admitted free of charge and under art 141 lit c) specifically provides for crossing “non-official” checkpoints as long as the “Nothing to declare” sticker is displayed on the vehicle.
Art 138 doesn’t say that you do not have to declare the temporary admission
And when quoting Art 141(c) you (intentionally?) leave out the fact that it explicitly says “where this possibility is provided for in national provisions.”
Spoiler alert: It is not in German national provisions!
T28 wrote:
Should we maybe remind Germany that international law supersedes national law and it is up to the legislator to see it is implemented?
With regards to the questions we discuss here, Germany is fully in line with that – and only quoting the parts of the paragraphs of the law you like doesn’t change that.
T28 wrote:
Further to that, article 104 lit. f specifically frees me from the obligation to declare the means of transport.
It doesn’t – it just frees you from lodging of an entry summary declaration if they are imported in accordance with article 141 (which they are not if you not use a official customs point …)
So if i am freed from the obligation to file an entry declaration, how does Germany sue me for not having done something that I am specifically exempt from doing regardless of where I cross?
T28 wrote:
So if i am freed from the obligation to file an entry declaration, how does Germany sue me for not having done something that I am specifically exempt from doing regardless of where I cross?
You are freed from the obligation to file an entry declaration if (and only if) you import the goods in accordance with Art 141.
And to be in accordance with Art 141 you need to enter at an official point of entry – because that “nothing to declare sticker thing” is not foreseen in German national provisions
