@Peter, EASA regulations are not directly applicable in Switzerland, only after the “mixed panel” (“Gemischter Ausschuss”, consisting of representatives of the EU and Switzerland) approves it. This typically delays EASA regulations by about half a year. To the best of my knowledge, the agenda of that panel or the decisions taken is not (easily) publicly available (which is a scandal in itself, IMO). However, it seems to be relatively safe to assume that EASA decisions older than a year are applicable.
IMHO the decisive point is simply whether a non EU UK will be in the “Community”.
That is the wording of EASA FCL.
If a non EU country implemented EASA FCL in its domestic law explicitly stating that every reg is to be read as if the said country was in the EU, that would be different.
If a non EU country implemented EASA FCL in its domestic law explicitly stating that every reg is to be read as if the said country was in the EU, that would be different.
But is that not exactly the mechanism you would envisage for the UK to leave the EU but remain in the EASA system?
If the UK were an opponent of Art 4(1)(c) then I could imagine it carving out an exception. But the UK is one of the key proponents of it.
It will more than likely be the collective efforts by many professional pilots with non EU licences flying in Europe that will permanently crush these idiotic rules that EASA are trying to implement. There are ways and these are currently being explored. Maybe a collective lawsuit for x amount of years salary multiplied by x amount of pilots presented to the European Parliament, along with huge media attention will suffice. ‘The right to work and the Law of precedent’ will likely seal it.
It’s simply unacceptable for professional pilots flying for 20 years + on non EU licences within Europe to be banned. For many they simply would have to leave their current jobs to convert their licence at great personal expense to fly the same aircraft registrations such as ‘N’ ‘VP’ etc. Also an EASA licence has zero legal relevance to flying an ‘N’ reg aircraft and does not form part of the FAR’s or FAA training.
So EASA have delayed until April 2017 and they say no further delays after. What a way to treat professional and non professional pilots who keep thinking the axe will fall on their careers / hobbies, f*cking disgusting and yes I hope we leave the EU in June.
Nice last minute job. Done on 6th, published on 7th, went into force immediately (not after the default 20 days) and applies from today. But it’s again voluntary, no blanket provision as Phobos indicated (IIRC).
PS: I find this practice distasteful.
http://publicapps.caa.co.uk/docs/33/InformationNotice2016036.pdf
Some clarification that CAA views this as only applicable in UK airspace though
[ local copy ]
List of countries who haven’t applied the derogation (see 1178/2011):
List of countries who haven’t applied the derogation
Yes; we did that derogations list here
Hard to know what to make of it all…
Presumably now that this new reg has been published, the list of countries which did / did not apply the derogation will change.
I find this practice distasteful.
That’s how FUD works best… never climb down till the last moment. And the EU has had about 60 years of practice in how to do dishonest dealing politics 
Mind you, I am sure Julius Caesar knew all this too. Politics is the world’s second oldest profession!
My understanding is that Spain and Portugal have not applied the derogation. We will see if the list is updated…..
