OK Chaps I've been doing some digging. You need to read the
Draft Regulation for FCL
Article 1 Objective and scope
This Regulation establishes common technical requirements for:
1.
the licensing, training and testing of pilots involved in the operation of aircraft referred to in Article 4(1)(b) and (c) of the Basic Regulation;
2.
the certification of personnel responsible for providing flight training or flight simulation training and for assessing a pilot’s skill.
3.
the licensing, training and testing of pilots of aircraft referred to in (a)(ii), (d) and (h) of Annex II to the Basic Regulation, when used in commercial air transport.
Stick with Para 1 above for the time being, then look at the
Basic Regulation Article 4(c) it refers to.
Article 4
Basic principles and applicability
1. Aircraft, including any installed product, part and appliance,
which are:
(a) designed or manufactured by an organisation for which the Agency or a Member State ensures safety oversight; 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
Now ask yourself whether your N Reg used by someone resident in the Community is "(c) registered in a third country" and "used into, within or out of the Community by an operator established or residing in the Community"
If you agree with me then the pilot falls within the scope of the Draft Regulation.
Annex III of the Draft Regulation says
A. VALIDATION OF LICENCES
General
1. A pilot licence issued in compliance with the requirements of ICAO Annex 1 by a third country may be validated by the competent authority of a Member State.
Pilots shall apply to the competent authority of the Member State where they reside or are established, or, if they are not residing in the territory of the Member States, where the operator for which they are flying or intend to fly has its principal place of business.
2. The period of validation of a licence shall not exceed 1 year, provided that the basic licence remains valid.
This period may only be extended once by the competent authority that issued the validation when, during the validation period, the pilot has applied, or is undergoing training, for the issuance of a licence in accordance with Part-FCL. This extension shall cover the period of time necessary for the licence to be issued in accordance with Part-FCL.
Note the wording "Pilots
shall apply" (my emphasis).
I've no idea what the intention is but it is certainly possible to read this as "If you are resident in the EC and operating an N-Reg you fall within the scope of the Basic Regulation. If you fall within the scope of the Basic Regulation you will be governed by the FCL Regulation. When that comes into force you shall apply for validation which will last for a limited time. Thereafter you will need an EASA licence."
Discuss
At the least we need clarification from EASA as to their intention.