Flight testing is Annex 1, formerly Annex 2 - which is aircraft specifically not covered by the basic regulation, as are historic aircraft, microlights, etc.
It absolutely does not mean that no safety regulations apply, but generally they are applied by national authorities outside of the EASA structure. However, generally EASA is involved anyhow, as they are likely to be the eventual approving authority for whatever is being tested, and many European authorities have de-skilled in flight testing, so are deferring to EASA on that. Plus, EASA has defined both TP and FTE qualifications.
So yes, this is still an EASA competence, but no it probably isn't covered in most parts by the basic regulation. Which indeed makes it all a bit unclear.
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Last edited by Genghis the Engineer; 28th Apr 2021 at 10:50.