Updated December 2, 2014
The International Business Aviation Council (IBAC) requested that the European Commission (EC) provide clarification on how private use and commercial use are defined for the purposes of temporary admission. Based on a working paper published by the EC, it is now clear that most private flights conducted by corporate operators within the EU are permitted under the temporary admission process.
For example, the working paper describes a scenario where a non-EU registered aircraft flies to multiple destinations within the EU with non-EU residents on board. The aircraft also picks up an EU-resident employee of the company and flies that person (along with the other passengers) within the EU. Once these flights are completed, the aircraft departs the EU. Finally, the aircraft also carried company materials/brochures and IBAC asked if this would be deemed “industrial or commercial transport of goods.”
The EC responded that this scenario would be considered private use for customs purposes since no remuneration is involved. Assuming the conditions described above are met, temporary admission would be available for this operator. Regarding the transportation of company materials/brochures, the EC responded that since transportation of these materials is not the main purpose of the flight, this is not considered to be the commercial transport of goods and is private use.
Review the EU Temporary Admission Working Paper (65 KB, PDF)
The working paper has been provided as guidance to customs officials in EU member states, so operators should carefully review the scenarios and other information provided to determine if temporary admission is a solution for their EU flights. The EC Customs Code, its implementing guide and the Istanbul Convention have not been modified, but this working paper should provide clarity to operators and customs officials.