In this sentence, replace the trustees with the insurers. They also lay down all sorts of requirements which can change. Does that mean the insurers are the operator? Of course not.
I dont see that is relevant. Lots of groups lay down operating conditions. the engine manufacturer lays down conditions on how the engine should be operated otherwise their warranty is void, the CAA lays down conditions which if not complied with would result in an offence having being commmitted etc, but no one would argue they are the operators. On the other hand I think the man on the number 7 omnibus would hazard that if the owners are laying down conditions that the pilot is required to comply with they are indeed the operators. Who does Joe think operates his flight to the Costas - the pilot or Sleezyjet? Who is he going after when it doesnt run on time, or the hostie spills coffee in his lap, or the pilot is rude to the passengers - not the pilot, but Sleezyjet, it is they that are perceived to be the aircraft operators.
Of course it's relevant, if the normal understanding of what constitutes operational control is deciding where and when the aircraft flies, again, within the constraints that may be imposed by the owner and insurers.
I know I am playing devils advocate but Courts rarely consider one factor in determing a matter such as this. Are you an employee? HMRC might like to have you believe that if you work in someone's office from 9 to 5 then you are; the Courts see the matter quite differently and consider a raft of factors. I find it very hard top believe that simply because it is the pilot that determines the flight will go from Blackbushe to Southend that makes him the oeprator.
Who is the operator if the trustees inform four of the authorised pilots the shop has completed the service - would one of them please go fetch the aircraft back to its base?
If EASA intended that the pilot was for the purposes of the legislation the operator then why not use the word the "commander" shall hold an EASA FCL regardless of the state of origin of the aircraft for flights within the community unless .. .. .. Simple.
I just cant help thinking there is more to this or we are dealing with a complete bunch of amateurs.
As to FAA pilots converting their licences while it doesnt matter to me I cant help thinking those that say this are the very ones who dont need to do so - so their is an element of smugness. Stop being smug for a moment and ask yourself if you had been happily operating in Europe for the past ten years on your FAA IR would you really want to sit x exams and take another flight test, which even the most skilled of us recognise can be a bit of a lottery?
Actually I have some symphathy for EASA wanting their residents to fall directly under their authority. However if this is really what they wished to achieve then they should have proposed a reasonable method for existing pilots to convert their licences and addressed the dreadful state of affairs in Europe where pilots feel compelled to follow to the FAA route in order to obtain an IR.