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EASA FCL (anti N-reg provisions)

Lots of possibilities but the existing derogation expires April 2020 so the CAA needs to move on it ASAP.

For Switzerland, this situation would affect only N-reg owners based there, and only those who don’t have Swiss papers.

Shoreham EGKA, United Kingdom

Flyingfish wrote:

Unless somebody in Euroland is very annoyed, the option for the UK to “opt in” is probably available and I can imagine that politicians will consider it a common sense decision to remain.

Now the mistake you have made here is to use the words “common sense” and “politicians” in the same sentence. This is particularly ironic if referring to the UK.

Darley Moor, Gamston (UK)

Peter wrote:

“within or out of the Community by an operator established or residing in the Community”

The UK is already outside the community.

EGTK Oxford

Peter wrote:

whether the EU Withdrawal Act 2018 will successfully incorporate [the words “within or out of the Community by an operator established or residing in the Community”] into UK law.

The language used in the current EASA Basic Regulation is “aircraft operator established, residing or with a principal place of business in the territory to which the Treaties apply” and “operation of aircraft into, within, or out of the territory to which the Treaties apply” etc. The territory, according to art 52 para 2 of the Treaty on European Union, is specified in art 355 of the Treaty on the Functioning of the European Union.

Amendment of the UK Basic Regulation (link) by chapter 5 of the Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (link) resulted in “territory to which the Treaties apply” being replaced on exit day (31 Jan 2020 at 11:00 pm) with “United Kingdom”.

Last Edited by Qalupalik at 04 Mar 23:26

The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 commence instead on IP completion day (31 Dec 2020 at 11:00 pm). Schedule 5, part 1, to the European Union (Withdrawal Agreement) Act 2020 refers. This is consistent with art 127 para 3 of the Withdrawal Agreement (link):

During the transition period, the Union law applicable pursuant to paragraph 1 shall produce in respect of and in the United Kingdom the same legal effects as those which it produces within the Union and its Member States, and shall be interpreted and applied in accordance with the same methods and general principles as those applicable within the Union.


What does this all exactly mean for N-reg pilots, if the SRG2140/2142 option doesn’t reappear at the 11th hour?

Shoreham EGKA, United Kingdom

The UK SRG2140 and SRG2142 forms will probably continue to exist because they serve two distinct purposes.

1. They are required by US pilot certificate holders residing in UK who wish to take advantage of an exemption—iaw art 71(2) of the EASA Basic Regulation—from the requirement to hold an appropriate licence granted converted or validated under the EASA Aircrew Regulation. See UK General Exemption E 4863, published as ORS4 No. 1301 on 29 Mar 2019 expiring on or before 8 Apr 2020.

2. They are required by the holder of any ICAO Annex 1-compliant licence who, also being required to hold an appropriate EASA Aircrew Regulation licence, wishes to make a declaration in lieu of a validation. This option is given in the regulation so it is not an exemption. See section A, para 8, in Annex III:

Notwithstanding the provisions of the paragraphs above, Member States may accept
a PPL, SPL or BPL issued in compliance with the requirements of Annex 1 to the
Chicago Convention by a third country for a maximum of 28 days per calendar year
for specific non-commercial tasks provided the applicant:

(a) holds an appropriate licence and medical certificate and associated ratings
or qualifications issued in accordance with Annex 1 to the Chicago Convention;

(b) has completed at least one acclimatisation flight with a qualified
instructor prior to carrying out the specific tasks of limited duration.

Should the exemption not be renewed clarification should be sought from UK CAA on whether previously lodged forms cover the latter option. The Commission itself is not likely to adopt an implementing act revoking the exemption because it was made by UK CAA at EASA’s suggestion!


No word from the CAA about any derogation yet?

Shoreham EGKA, United Kingdom

In this particular case, I can’t see the UK enforcing EASA Basic Regulation that will expire anyway at the end of December.

Perhaps of “slightly” more concern would be EASA countries enforcing it on UK N-reg pilots flying outside the UK in EASA-land if the UK doesn’t continue the exemption. Honestly, though, I suspect that this is not way up on the enforcement radar at the moment. There will be tremendous confusion around Europe for the next months related to COVID-19 and licence validity (medical renewal, licence renewal/revalidation, etc).

LSZK, Switzerland

chflyer wrote:

In this particular case, I can’t see the UK enforcing EASA Basic Regulation that will expire anyway at the end of December.

That regulation will continue to be in force in UK as retained EU law after the completion of the implementation period.

if the UK doesn’t continue the exemption

An exemption done under article 71 of the Basic Regulation is no longer necessary.

Article 12 para 4 of the Aircrew Regulation:

By way of derogation from paragraph 1, Member States may decide not to apply the provisions of this Regulation until 20 June 2020, to pilots holding a licence and associated medical certificate issued by a third country involved in the non-commercial operation of aircraft as specified in Article 2(1)(b), points (i) or (ii), of Regulation (EU) 2018/1139. Member States shall make those decisions publicly available.

When the latest amendment to that regulation comes into force shortly the time limit will become 20 June 2021. See point 7 in Commission Implementing Regulation (EU) 2020/359 of 4 March 2020 (link).

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