I am finding it very difficult to get my head around the legal aspects of this.
You aren't the only one. I posted the URL to the FCL proposal, with a detailed analysis, in the
Bizjets forum, and nobody there thought it was anything other than license
conversion, which would not affect an FAA CPL/IR flying an N-reg jet in Europe. I am sure they are wrong...
What EASA seem to be saying is that if you are a resident of an EU state you will not be legally able to fly say an N reg aircraft based in the EU without an EU licence. That seems to fly in the face of the ICAO conventions and the very basic world wide principle that if the state of registry of the aircraft and the state of issue of the licence match then you are legal. What then happens if the FAA licence lapses (either by expiry or by failure to have a BFR). The pilot is then entitled to fly an N reg aircraft on say an EASA licence within the EU?
In that case the legality would depend on FAR 61.3 which says you need a license issued by the airspace owning country, and JAA or EASA (which is a mutual validation system for nationally issued licenses) is not recognised by the FAA.
Since under the same conventions the state of registry retains huge amount of jurisdiction over its aircraft, there is surely a risk that this would then be illegal under the laws of the state of registry. Or, are EASA saying that in effect you must be dual licensed to fly non EU aircraft inside the EU, but only if you are permanently resident?
I think that's it.
You will have to have papers complying with the State of Registry, as well as EASA papers.
If your FAA papers go void, you are illegal worldwide (State of Registry requirement). If your EASA papers go void, you are illegal in the EU (airspace owner requirement, like e.g. carrying an ADF).
For a PPL that's not an issue, but it is for an IR, and more so for a CPL/IR flying a privately owned jet/TP for the owner.
How exactly that will be enforced is anyone's guess as a simple ramp check is unlikley to throw up any illegality.
Well, yes... I guess it will work by self-policing, which tends to be driven by the insurance being void if you don't meet the regs.
This does not just relate to N reg. The Isle of Man is not part of the EU! Nor is Norway, Iceland, Switzerland. What of RA registered Yaks?
I think M-reg pilots (most of whom fly on IOM validations of FAA papers, validated by the IOM CAA specifically for the particular airframe) will need to get EASA papers too i.e. 14 exams for a CPL/IR, etc.
As I've written before, the practical bottom line (assuming EASA pull this off, despite the number of wealthy jet owners which will be p1ssed off) is whether we will be able to see it coming, before the present 15-hr IR conversion route disappears. That route is the least-bad way to comply with this crap. For a PPL/IR, 7 exams plus 15hrs with an instructir, plus a checkride. You can do it as a package in Greece of 6k euros.