Article 4
Basic principles and applicability
1. Aircraft, including any installed product, part and appliance, which are:
(a) ...........; or
(b) registered in a Member State, unless their regulatory safety oversight has been
delegated to a third country and they are not used by a Community operator; or
(c) registered in a third country and used by an operator for which any Member State
ensures oversight of operations or used into, within or out of the Community by an
operator established or residing in the Community; or
(d) registered in a third country, or registered in a Member State which has delegated
their regulatory safety oversight to a third country, and used by a third-country
operator into, within or out of the Community
I think the sticking point is the
operator. Pace, for example, if you fly an N-reg where the operator is based in the US (or anywhere outside EASA territory, for that matter), then there's no problem, the regs don't apply to you. If my reading is correct - I am no lawyer, I hasten to add - then the bizjet crowd will simply decamp to friendlier shores and keep on flying.
It gets a bit stickier with individual owners who own their a/c through the usual trust arrangement. However, even here the 'operator' is based outside EASA-land. Might well take a court case or two to sort this one out.
PS: the above quote is from a CAA paper referenced in the other thread on EASA.