Biz Jets, Ag Flying, GA etc.The place for discussion of issues related to corporate, Ag and GA aviation. If you're a professional pilot and don't fly for the airlines then try here.
No, you just need to be resident outside the countries in which EASA has regulatory oversight. You certainly don't have to be a Green Card holder - I'm British, but currently "resident" in a certain Middle Eastern country. I will therefore fulfill the criteria being talked about.
Under EASA regs coming into force in April with an implementation date as yet to be confirmed but not long after you will be required to hold dual licences and medicals in order to operate a non EASA aircraft in EASA territory.
Bose
That was extended from 2012 to 2014 by EASA with a further extension likely to 2016 while the Bi Lateral agreement with the USA which has already been signed could be further agreed re FCL. As EASA stated dual licences is not their preferred route! So maybe not quite "soon after unless you clasify soon after as 2-4 years
Regarding ATP and CPL pilots already working in Europe the proposed regulations already run against existing EU employment laws which EASA are aware of hence the silence re that category of licence.
Only if resident in the EU. Ringo is a US citizen spendig time in the CR. Unless his residency moves to the CR, then he will not need to have EASA pilot qualifications.
If he is living and paying taxes in CR then he would be a resident (regardless of also having to file US tax returns on worldwide income). If he is there intermittently and returning to the US more often than being in the CR - then he would not be wanting to ship an aircraft over - would he?
Ringo55
Quote:
Am I to understand that it would mean to get at least the US "green card"? If so, some of us know how "easy" that is.
What is the relevance of that comment ? You say you are a US citizen so what has a I-551 got to do with it?
Can anyone confirm,I have a FAA ATPL with a CE500 rating,To fly SIC on the N Reg ce500 in Europe do I have to renew my rating,I have logged over 50hrs in the past 12 Months acting as SIC under IFR,Do EASA have anything on this where it can be confirmed.
Gomrath, re Q1: I'm planning to be in EU only intermittently, and yes, I would want to ship the A/C over there, a second one, that is. That's why I am contemplating a C152 - relatively cheap to own as a second plane.
re Q2: In my original message, I also mentioned a potential person with a Czech PPL, who would "exercise" the plane in my absence. Hence the EASA discussion and the need created by its new regulations - partially hypothetical, I admit, but still educational. R.
Dotting the i's and crossing the t's on EASA FCL for Third Country
I thought the basic regulation and FCL 1 talked about the residency of the aircraft operator.
So, if Ringo55 incorporates as "Ringo Flying Services LLC", registered in Nevada, (or Delaware or another US state that doesn't eat your 6-O'Clock out when you start a business), with the spam can as one of the assets, then, as long as the directors of "Ringo Flying Services LLC" determine where and when the aircraft flies, FCL1 doesn't apply.
So if Ringo's Czech friend (Mr. Jaromír Užitečný) has current FAA papers, and he is exercising Ringo's spam can at Ringo Flying Services's request/permission, even Mr. Užitečný doesn't need EASA papers.
Btw, if he did, then all Delta pilots resident in Europe would need EASA papers, which would cause a bit of a stir at ICAO and WTO level...
If the plane is going to stay in the EU for a period longer than X (6 ?) months, it needs to be imported and VAT on it is due. Don't have Mr Užitečný fly into France without proper VAT papers if you value your aircraft and/or Mr Užitečný's friendship.
The ones who are screwed by this regulation are small EU operators that rented out N-reg planes as a business. They can theoretically operate with an non-EU subsidiary operating the aircraft, but then all kinds of tax complications prop up, depending on the EU country (vive la différence !).
The ones really screwed by this regulation are those who cannot set up a non-EU operator, i.e. private owner-pilots.
Any rental operation, even at the light GA level, can set up a non EU company which runs the booking website.
It is an idiotic proposal from idiots whose #1 job is hating the USA (because Europe is morally and intellectually superior, of course...) and they are using GA as a hammer to beat the USA around the head with.
Pardon me, but I'm getting a bit fuzzy about the whole thing again. As I stated, this aircraft will be Ringo's only, and privately owned. Let's take Mr. Užitečný out of the equation for a minute. Why does Ringo need to start a business? What advantages (or EU-induced necessities) are there in comparison with just a private ownership? Also, based on the previous contribution(s) to this discussion, is it true that if the A/C had been based in the US for 6 (12?) months, and therefore considered a "personal property" (not an imported item), no VAT is due (ever)?
Now, back to Mr. U: Is it also not true that even with just a Czech PPL, he can legally fly the plane *within the Czech Republic*? At least until the EASA rules change? I would definitely not recommend to Mr. U to take the plane abroad, VAT or not.
Ringo
BTW, Proudprivate, and how did you know his first name was Jaromír? ;-)
I think it is Article 4,1,c of the basic regulation that makes all the difference : Ringo is residing in the Community, but Ringo Aviation Services, LLC, with its shiny offices in Winnemucca, is not.
Quote:
Now, back to Mr. U: Is it also not true that even with just a Czech PPL, he can legally fly the plane *within the Czech Republic*? At least until the EASA rules change?
I'm not familiar with Czech Air Law, so I can't answer that. In the UK, the answer is yes for VFR private flights. To be honest, I would be surprised in CZ. The Czech Republic until the late 80's had its head up the EASA of the Soviet Union and after that did everything to please Germany and EU to get accession money. Unlikely that they would have wanted to rock the boat with American registered aircraft.
Quote:
Also, based on the previous contribution(s) to this discussion, is it true that if the A/C had been based in the US for 6 (12?) months, and therefore considered a "personal property" (not an imported item), no VAT is due (ever)?
Ask for a binding value added tax ruling from a customs office or the ministry of economic affairs of the member state to be sure. Otherwise, Ringo Aviation Services, LLC could help out annihilating a possible VAT-bill over time (import and export when you take her back home).
How can they establish residency? In the UK there is no way of doing so without the onus being on you to provide evidence of such. Ask any foreigner how easy it is to open a UK bank account - not easy without providing mountains of utility bills, proof of rent etc. So how the hell are EASA going to establish that I'm a resident there or in any other country that doesn't have personal identification numbers?
So how the hell are EASA going to establish that I'm a resident there
EASA is not the enforcing agency. They just sit in their Cologne offices, smoking stuff. Although the passport might give some hints, I don't think enforcement of the rule is going to be very feasable. The problem is insurance. If the flight turns out to be not "legal", then the insurance company might weasel out in case of an accident.
