It does not require implementation into national customs law. It is European customs law (EU-Zollkodex), that has superceded (years ago) national customs law (German Zollkodex).
But they ought to adapt some customs procedures/regulations/Dienstvorschriften if you mean that.
And yes, the most effective thibg would be of this situation were described in the European AIPs,like the German one (part GEN). That would be a thing for say the German AOPA to get going (not AOPA Switzerland), but this topic is just not on their agenda (I happen to know it).
Sorry, yes, I mean exactly the adaption of those new EU rules by customs. Being right does not always mean having justice on your side. If some officers think they are right, you’re simply screwed, no matter how wrong those customs officers actually are. Especially if you don’t speak their language, there is no basis for discussion, except later in front of a court.
Peter wrote:
BTW is this new move visible in any AD AIP, or any other AIP section? If not, I would be especially concerned.
I was still told by Customs on Thursday they consider PNR is required and entry is through a port of entry.
But then over the last 2 years there have been all sorts of “extra requirements” at lots of aerodromes around France… And France still has the shengen suspension in place… Its a pain, but pointless to argue, and who with?
Finally got an answer from our local German customs office. They said they the law situation is still “unclear” and the general office in Bonn still didn’t come up with a clear final statement. Therefore, the local office (Bielefeld) wants me to request an “Einzelbefreiung” (individual exemption) for the usage of non-customs airfields upon entry. However, I should add that I have no goods to declare and that the airplane was just temporary abroad (outside the EU) or a foreign airplane will just be visiting the EU for a short amount of time. Then the customs office can decide if they want to check me upon arrival, or if they won’t show up. However, unlike the past, this kind of “Einzelbefreiung” is now free of charge. Also no further requests are needed upon leaving the EU from Germany.
According to the customs office, the “problem” with just filing a flight plan is, that they don’t get automatically informed about the flight. “We need to have the chance to check airplanes upon arrival, if they comply with the rules, according to the new EU-law, therefore we need some kind of registration beforehand.” Without any notice, they don’t have the chance to check and therefore “smuggle would be easily possible”. What other local customs offices do, seems not to be their concern.
In the meantime, our local customs office promised to clarify this with the general German office in Bonn, as they still waiting for them to get a final statement. Until then, an “Einzelbefreiung” request would be necessary for entry into Germany from abroad. For now, the following quote remains valid:
Being right does not always mean having justice on your side. If some officers think they are right, you’re simply screwed, no matter how wrong those customs officers actually are.
Without the support of customs officials, this whole new EU 2020/877 law seems to be worthless.
Frans wrote:
Without the support of customs officials, this whole new EU 2020/877 law seems to be worthless.
Agreed. That’s the problem with customs. The local customs office is right until proven wrong in a court, regardless of what the law actually says. All you need is someone to get up on the wrong side of the bed and you’re in for a bad day even if you’ve done everything right. Like the customs official in Venice Lido who gave us a hard time once because we didn’t speak Italian.
However, I should add that I have no goods to declare and that the airplane was just temporary abroad (outside the EU) or
a foreign airplane will just be visiting the EU for a short amount of time
You rarely get any troubles in the first case, trust me 
(better if you PIC let them know before departure than OPS after arrival, as bonus if you are citizen or resident and crew only, you are unlikely to have violated any “EU law” if things go far away)
For the 2nd case, I doubt it: it’s too hot for anyone to try !
Also, if you decide to “fly foreign airplane for short amount of time” you better be “foreign citizen or resident” to iron out any customs issues or import implication but you will get pulled into immigration, passport and visa issues…
Frans wrote:
Finally got an answer from our local German customs office. They said they the law situation is still “unclear” and the general office in Bonn still didn’t come up with a clear final statement. Therefore, the local office (Bielefeld) wants me to request an “Einzelbefreiung” (individual exemption) for the usage of non-customs airfields upon entry. However, I should add that I have no goods to declare and that the airplane was just temporary abroad (outside the EU) or a foreign airplane will just be visiting the EU for a short amount of time. Then the customs office can decide if they want to check me upon arrival, or if they won’t show up. However, unlike the past, this kind of “Einzelbefreiung” is now free of charge. Also no further requests are needed upon leaving the EU from Germany.
I got exactly the same reply here from the French customs official whom I am conversing with and met in person last week. He is still taking it up with his hierarchy …
The official website of the German customs department got an update. The old “Merkblatt Befreiung vom Zollflugplatzzwang” paper about exemptions for customs airports, seems to be removed. However, the website itself mentions now the following (which is actually completely incorrect):
“Sofern als Zollverfahren die Überlassung zum zollrechtlich freien Verkehr bzw. die vorübergehende Verwendung beabsichtigt ist und keine Verbote und Beschränkungen entgegenstehen, unterliegen zum Beispiel folgende Waren nach ihrem Verbringen in den deutschen Teil des Zollgebiets der Union nicht dem Zollstraßenzwang (§ 5 ZollV): (…) Luftfahrzeuge zur Personenbeförderung im nichtgewerblichen Verkehr oder im Gelegenheitsverkehr, die auf einem besonders zugelassenen Landeplatz landen,”
This means that you still need at least a “besonders zugelassenen Landeplatz”, when coming from a non-EU country (even when you have no goods to declare!), which corresponds with list A of approved aerodromes by German customs. If you want to land on other airfields (list B, or even airfields not mentioned on any list), there is still an “Einzelbefreiung” required, which means an individual exemption (according to the official German customs website).
One thing that makes me suspicious: This ‘new’ information seems to be based on the old EU regulation 952/2013, according to the link on their website in the right corner. There is no information available about the new 2020/877 EU-regulation. At least all this proves that we still need to be very careful of performing flights from outside the EU to a list B or ‘other’ small German aerodrome.
Indeed, that „update“ does not pick up on 2020/877 at all.
Interesting that the Merkblatt got pulled. Let‘s see what the new version will say (if any ever comes!).
