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Crowdfunding launched by German/Swiss AOPAs to help rescue a retired pilot from bankruptcy due to German customs decision

Interesting how little input there is from the huge numbers German pilots who read EuroGA. One would think this would be a matter of some concern

96% of German private pilots never worry about customs, as they never fly anywhere requiring customs.
On every nice weekend, dozens of German private pilots from the south of Germany fly to Austria (Zell am See, mostly, even if that is a rather unattractive place, IMHO), and only a couple fly to Switzerland. Sure, it also has to do with the high cost, but not only. People just avoid having to deal with customs in their free time, and I can’t blame them.
Customs is simply the most pesky authority there is in Germany (and I am sure elsewhere, too); much worse even than police, etc. And people working for customs are the most pathetic out there. Customs just seem to attract the very worst of any charaters out there. And yes, in case anybody here works for customs, I will not take these words back.

Btw, should a hard Brexit happen, the same will happen in the UK; the number of light GA visitors TO the UK will go from very few to almost zero. Likewise, many UK pilots might also fly abroad much less. But that will of course one of the smallest problem after a no-deal Brexit.

And those German pilots that do fly to Switzerland make sure they have all the t’s crossed and the i’s dotted when they do so. I do too; still, it always leaves me with an uneasy feeling having to deal with customs (German and Swiss customs in particular, they seem to be the worst of the pack; Norway customs seems to be a little more pragmaticj). I fly to Switzerland maybe once a year (usually to Bern or Saanen, but might fly to Fribourg next time), but no more than that.

Last Edited by boscomantico at 10 Oct 08:21
Mainz (EDFZ) & Egelsbach (EDFE), Germany

How can they say that when the AIP, published officially by Germany, apparently said it is?

They don’t, as Lionel explained. Customs aerodrome, when translated into German, simply does not mean “an aerodrome where you can do customs”. It’s a very specific term. But you can actually clear customs even at certain other types of aerodromes (as EDFW was). It’s complicated. A bit like with those CoA aerodromes in the UK.

Last Edited by boscomantico at 10 Oct 06:34
Mainz (EDFZ) & Egelsbach (EDFE), Germany

Btw, there was another similar, but different story last year. An (admiitedly strange) guy from the US flew over to Europe in his Cherokee. Then he flew from from Norway to Germany (Mainz EDFZ, my home airfield) and forgot to advise customs. That (forgetting to make one phone call) cost him 20k$ or so…



Mainz (EDFZ) & Egelsbach (EDFE), Germany

the same will happen in the UK

It won’t because the UK has the GAR form system. You can fly from Kathmandu to just about any GA airfield in the UK, with a 24hr PNR GAR filing

The UK would also never prosecute a pilot who briefed from an official govt document.

many UK pilots might also fly abroad much less

They won’t because currently they have to land at an airport which has Immigration. And in Europe most of those airports also have Customs. The German and Italian concessions (Immigration available on a PNR) is poorly documented (look at how deep one has to dig) and known to almost nobody and used by even fewer.

That video above was posted July 2019 so it also very recent. Where in Germany did he land? His reg appears on his shirt and somebody with business FR24 access could perhaps look up his last flight, if he had Mode S.

Administrator
Shoreham EGKA, United Kingdom

It won’t

they won’t.

Let’s wait and see. You can’t know what will happen. Just because the UK has so far allowed flights to and from a lot of airfields if flying non-EU, does not mean it will be thus in the future.
Today, you can fly to or from France via any airfield in the UK. Tomorrow, it might only be CoA aerodromes, which would make many people flying from to or small strips in the UK very unhappy. This would definitely undergo some changes.

Anyway, just the prospect alone flying to a third country will deter many pilots from flying to the UK. See the Switzerland example.

Where in Germany did he land?

As I wrote, EDFZ.

Last Edited by boscomantico at 10 Oct 07:15
Mainz (EDFZ) & Egelsbach (EDFE), Germany

You can’t know what will happen

Neither can you But I have lived here for 50 years and know pretty well how it works.

Anyway, just the prospect alone flying to a third country will deter many pilots from flying to the UK.

It already does The need for an immigration stop on the mainland is a sufficient deterrent.

OTOH, most things pass by, with time…

As I wrote, EDFZ

Hmmm – that’s a total screw-up. I can see his rationale (in the video) and it would be normal for a non European pilot to think that.

96% of German private pilots never worry about customs, as they never fly anywhere requiring customs.

Sure; that’s true in most countries. Most GA flies only within their own country, anyway. However, I would have expected the gross injustice in this case to cause concern.

I think the general take-away from these German cases, for UK pilots, post-brexit, will be:

Make sure you get Customs to confirm it in writing. Don’t rely on any 3rd party (including the airport manager) telling you that customs have been notified, etc. The AIP is worthless as a primary source for this data.

Administrator
Shoreham EGKA, United Kingdom

Having the aerodrome itself arrange customs (and/or immigration, respectively) at a “customs (immigration, respectively) if agreed/prenotified” aerodrome is a common procedure

Hmm, where? (Not thinking about international airports)

This “incident” is not news, although the fee is way above anything I had imagined.

Flying from Norway to Germany you either fly to an international airport, or fly via Sweden/Denmark. Sweden is simplest. I can fly from Norway (non EU) to anywhere in Sweden (EU) with no customs considerations. And when flying from Sweden I can fly anywhere in EU with no customs considerations. So, flying via Sweden, no problems. It’s common knowledge, and this is what everyone does.

Flying back is another matter all together. Norway is not as liberal as Sweden regarding this. Any and all flight to Norway must go through customs, even from Sweden. A PITA, but that’s the law. Luckily we have this IPPC, that handles customs. It does this by sending a copy of the FP to the customs office. An international airport is 1 hour notice, and non international (could be a desolate strip) is 4 hours. I don’t know what happens if you don’t do this correct, but it could be similar to the German reaction (if they decide to go after you that is).

The elephant is the circulation
ENVA ENOP ENMO, Norway

Peter wrote:

But I still don’t get how this prosecution was possible if the pilot followed the AIP.

AIUI the UK has a defence for due diligence (it certainly has in some areas of regulatory compliance I could discuss by PM) and an AIP briefing would cover this. The fact that the AIP is published by the very government which is trying to bust you would make the half-life of a prosecution lawyer even shorter

In my analysis, the prosecution worked because it is a tax case. Tax law and courts work on different principles. The defence you give is (at some strength of “due diligence”) a way to be exempted from any punishment, in Germany, in criminal cases. But, again, this unlawful import stuff is a strict liability. The only thing the prosecution has to establish is that the illegal import did happen, by this guy. Intention, due diligence, etc, is not even a question.

More generally, customs have been, continuously for centuries, in Western Europe, among the sub-branch of the executive, one of those with the most powers to exercise their mission. More powers to enter one’s home / car than for a murder case investigation, etc.

Peter wrote:

Würzburg is not, was not, and never was a Customs airport.

How can they say that when the AIP, published officially by Germany, apparently said it is?

  1. They look at the Bundesanzeiger
  2. Sorry, the vocabulary got a bit muddled.
    1. When I was writing about the court decision, and German law, “customs airport” is the translation of “Zollflugplatz”, a precise notion in German law. The airports that are designated as such, in a list published in the Bundesanzeiger and are listed at https://www.zoll.de/DE/Fachthemen/Zoelle/Erfassung-Warenverkehr/Befoerderungspflicht/Zollstrassenzwang/liste_zollflugplaetze.html. The equivalent UK term would be “Airports designated as customs & excise ports of entry”. The general rule is that you have to land, and depart, from there. There, you have permanent Customs facilities, you can import/export all kinds of cargo, etc. Very clearly, Würzburg was not that.
    2. Then, there is a notion of “special aerodrome”, a bit similar in effect (but not in mechanism) to the UK “Certificate of Agreement” airports. You can land / depart from there, but only if you have only persons and no cargo, and the flight is non-commercial or occasional, and the importation is temporary. That concession is in the regulations. That is “part A” in https://www.zoll.de/DE/Fachthemen/Zoelle/Erfassung-Warenverkehr/Befoerderungspflicht/Zollstrassenzwang/liste_andere_verkehrsrechtlich_zugelassene_flugplaetze.html
    3. Then, there is this somewhat mysterious category of “other approved aerodrome”, where Würzburg is, which (my guess) allows customs with PPR on a legal basis of “one-time authorisation for each movement”, subject to conditions specific to that aerodrome. This is similar in mechanism with the UK “Certificate of Agreement” airports. That is “part B” in the link above.

The difference between type 2 and type 3 is simply not made in the AIP, and this makes it a real trap waiting to swallow you.

ELLX

LeSving wrote:

Having the aerodrome itself arrange customs (and/or immigration, respectively) at a “customs (immigration, respectively) if agreed/prenotified” aerodrome is a common procedure

Hmm, where? (Not thinking about international airports)

I have experience mostly with France in that.

For example, Deauville LFRG. The phone for customs in the AIP is the one of the AD administration. You must send a GenDec to [email protected].

Even better example Caen LFRK. The AIP says customs “O/R PN 24H MNM to [email protected]”. That email address is one of the Caen chamber of commerce, the same as the AD administration.

Even when the AIP gives phone and email of the actual customs office, that’s how it happens in the “O/R PN for customs” or “PPR PN for costums” airports that I used to exit or enter the EU Customs Area. You call/email the airport (e.g. to confirm fuel, or how you will get back to your plane without handling or stuff like that), they tell you “send me your passport and flight details, I must send them to customs”. You answer “I already emailed customs as per the AIP” or “I don’t need customs nor immigration, I stay within Schengen and EU”. They say “You are an international flight, send me your passport and flight details, I must send them to customs”.

ELLX

I think the main challenge is that most of the police/customs contacts in most places (notably, IME, France, Spain and Italy) never / almost never reply (I think most can’t speak English) so you don’t know they got it.

This is a part of the trap: the airport itself usually communicates and they tell you “we have notified them”. Then you are happy and you fly there…

Germany I don’t know since I have only ever flown to customs+immigration airports there, and only ever needed immigration. When Croatia was non EU I never landed from there in Germany or France, so have no data on that. I did once do it to Italy however and it got really nasty (Padova – they denied having received anything, and refused the landing clearance when I was on final. Story here and this shows this is nothing new).

The biggest trap is that any assurance from the airport that they got your details is potentially worthless. I don’t know how this will be addressed post-brexit when flying to one of the places where the police/customs contacts never respond.

Administrator
Shoreham EGKA, United Kingdom
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