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?
EASA also has competence over the continuing airworthiness of aircraft operated by those permanently resident in the EU. A similar level of alarm was raised about this issue.
NPA 2010-10 sets out its proposals for dealing with this. As far as I can see, for non-complex aircraft the requirement is no more than what would be currently expected.
(More demanding requirements are imposed on operators of complex aircraft.)
T.A.201 Common requirements
1. The aircraft shall not be operated unless:
a. The aircraft is in an airworthy condition.
b. The operational and emergency equipment necessary for the intended flight is
serviceable.
c. The aircraft holds a valid certificate of airworthiness issued in accordance with
ICAO Annex 8.
d. The maintenance of the aircraft is performed in accordance with a maintenance
programme which shall comply with the requirements of Subpart C.
e. Any defect or damage affecting safe operation of the aircraft is rectified to a
standard acceptable to the State of Registry.
f. It complies with any applicable:
(i) airworthiness directive adopted or mandated by the State of Registry,
(ii) operational mandatory information, issued or adopted by the State of
Operator,
(iii) continued airworthiness requirement established by the State of Registry.
T.A.230 Additional requirements for aircraft other than complex motor-powered
aircraft registered in a third country used into, within or out of the Community
by an operator established or residing in the Community, and aircraft other than
complex motor-powered aircraft registered in a third country and operated by
an ATO to provide training outside the territory of the EU for non-commercial
purposes.
1. The operator shall ensure that the requirements of T.A.201 are complied with.
2. The aircraft shall have a type-certificate issued or validated by the Agency.
3. The aircraft maintenance programme required pursuant to T.A.201 point 1 (d) shall
comply with the requirements established by the State of Registry.
4. Aircraft maintenance shall be performed by a qualified maintenance organisation
pursuant to Subpart E or by a person holding a license issued in accordance with
ICAO Annex 1, as acceptable to the State of Registry.
Subpart C: Maintenance programme
T.A.301 Contents of the maintenance programme
1. The maintenance programme shall be based on maintenance programme
information made available by the organisation responsible for the type design.
2. The maintenance programme shall contain maintenance tasks and the intervals at
which such tasks are to be performed; taking into account the anticipated use of the
aircraft. In particular, the maintenance programme shall identify the tasks and
intervals that have been specified as mandatory in the instructions for continued
airworthiness.
T.A.302 Amendment of the maintenance programme
1. The ... operator ... is
responsible for the development of the maintenance programme and its compliance
with the State of Registry requirements.
2. The maintenance programme shall be amended as required by the State of
Registry.
Do we really have a reason to believe that the requirements for pilots on aircraft operated by those permanently resident in the EU will be more demanding?