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EASA FCL (anti N-reg provisions)

Rumour in a certain canteen in Cologne has it that the BASA implementation procedures for licensing are close to being added as an annex to the BASA.

Can you @bookworm indicate what the result might be?

For example would the FAA recognise EASA pilot papers and medicals for an N-reg, or vice versa?

Administrator
Shoreham EGKA, United Kingdom

We must have discussed the draft text here or somewhere. It was published by the FAA a few years ago.

It’s not recognition but marginally easier conversion. So for the IR it’s a prof check (revalidation) with oral TK, not a skill test (initial) for example.

Hello,
I see that this subject has been covered multiple times in the past, 1-2 and more years ago. But I can’t find an up-to-date
interpretation on the subject here at EuroGA or other websites. This is what I don’t understand:

The latest part FCL opt-out / derogation table published on the EASA website is I believe version 33. The subheading for
article 12(4) of 1178/2011 (third country certs) reads : “08/04/2019 (provisionally amended)”
Would anyone know if ‘provisionally’ is just enough to let a European pilot with nothing but an FAA PPL fly his N-reg
certified plane until April 2019, at least in the countries who have opted-out ? I understand that only layers can answer
this ultimately question, but some educated guess might still help ;)

Thanks

AJ
Germany

Post moved to existing thread, @AJ

Would anyone know if ‘provisionally’ is just enough to let a European pilot with nothing but an FAA PPL fly his N-reg
certified plane until April 2019, at least in the countries who have opted-out ?

That is the current situation, yes.

I don’t know what Germany has done about the 2019 derogation – I am sure some Germans here will know.

Administrator
Shoreham EGKA, United Kingdom

Hi Peter,
Just to make sure when you say ‘yes’. You think ‘provisionally’ does not mean ‘the amendment is pending’ and in so far
is not valid until ‘finally amended’ (which I think never happened.

AJ
Germany

Interesting note I just found regarding the existing US-EU BASA which will be of interest for the UK:

Article 12 of the EU-US BASA defines that the Agreement applies to “[…] the United States civil aviation regulatory system as applied in the territory of the United States of America, and on the other hand, to the European Community civil aviation regulatory system as applied in the territories in which the Treaty establishing the European Community is applied […]”. Therefore the Agreement does not apply to Norway, Iceland, Switzerland and Liechtenstein, which are EASA Member States and Members of the EASA Management Board, but are not Member States of the European Union.

Source: EASA website (https://www.easa.europa.eu/document-library/bilateral-agreements/eu-usa)

Last Edited by wbardorf at 10 Aug 12:35
EGTF, EGLK, United Kingdom

Yes this is very interesting in that once the EU is no longer in the EU, that wording will no longer apply.

The UK will have to do its own treaty with the USA, which I am sure will be easy since the CAA is relatively pragmatic and the USA is very willing (BTW, Brussels ordered all member states to terminate those treaties; reference: presentation by Fergus Wood, a then JAA official, c. 2005).

It is just like the EASA FCL attack on N-regs which is the subject of this thread. The word “Community” which clearly means the EU will render that whole “operator residence” clause inoperative. That is not to say that the UK will allow permanent N-reg operation on FAA-only papers (like they did for many decades); we just don’t know. The CAA is historically in favour; the DfT is historically against and they “own” the CAA.

Administrator
Shoreham EGKA, United Kingdom

in the territories in which the Treaty establishing the European Community is applied

Does that still include the UK after Brexit?

Rochester, UK, United Kingdom
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