EASA OPS may regulate private flying. In its opinion to the EC on Part OPS EASA has, predictably, gone for the option of maximum regulation (to the extent of exceeding the scope of ICAO Annex 6), whilst acknowledging that there is no safety-based evidence to support this decision. The EC and EU parliament may accept this opinion or they may not, it remains to be seen. However, since EASA Part-OPS contains nothing relevant to this thread, the point is moot.