I say again that no one has so far pointed to the provision which says that hours on an Annex II aircraft do not count towards the 12 hour biennial experience requirement. In fact, there is nothing that says that the 12 hours cannot be on a foreign registered aircraft in a foreign country. Currently, that is the position and on the basis that EASA did not intend to completely replace the JAA provisions (the FCL wording of the provisions on revalidation by experience are very similar) I can see no reason why the rather restrictive interpretaion suggested at the start of this thread should apply.
The tens of thousands of people across Europe who fly homebuilts or historic aircraft aircraft on JAA licences and intend to continue doing so whilst maintaining currency on those licences.
This is the most surprising aspect of this whole absurd piece of legislation. Despite EASA's avowed intent to introduce common licensing requirements across Europe and despite European manufacturers leading the world in the kit built aircraft market, it is apparently being left to individual EU countries to formulate how pilots are licensed to fly aircraft comprising this very important sector of the market. What then will be the position of somone flying say a Pioneer from the UK to France? Although he may hold an EASA licence and although the UK CAA may have amended the ANO to allow for that licence to apply to the flying of Annex II aircraft, that piece of UK legislation will have no validity in France, Germany, Spain etc etc.
Any other EU national holding an EASA licence and coming to the UK will be fine, as they will be covered by the ANO amendment. Arguably, however there will now be no right to fly any UK registered Annex II aircraft outside of the UK unless other EU countries implement similar measures to those proposed by the CAA or on the basis of bilateral agreements on recognition of what are essentially national licence provisions made between EU countries. Currently they would be covered by the ICAO provisions which allow anyone to fly their own county's registered aircraft, but post FCL this will not apply as Annex II aircraft will all be flown on what are essentially sub ICAO licences.
To put it clearly into context, I can presently fly our group Chipmunk to Holland if I wish as I hold a JAA PPL issued in the UK and the aircraft is of course G registered. Post FCL, what is my entitlement to fly that same Chipmunk in Holland? I hold an EASA licence, but it does not apply to Annex II aircraft. I can fly it in the UK on the basis that the ANO has been amended to provide that an EASA licence is valid in the UK for Annex II. But that piece of legislation creates essentially a national licencing provision which the Dutch may not recognise. Whether they do will depend entitrely upon them. Their provisions, if they put any in place, may be quite different from the Germans, the Danes, the French. There is unlikely to be any consistency across Europe.
Far from introducing a set of uniform licensing requirements, the FCL actually takes several steps back and places anyone not flying an EASA C of A aircraft in a far worse position than they are now.
EASA made it clear in the CRD for NPA 2008-17b that its intention was that experience for issue of a licence or rating could be gained in any aircraft whereas experience for revalidation could be gained only in an EASA aircraft.
BillieBob: I think you may have it the wrong way around! The wording in the Annexes relating to licence conversion are also relevant. The wording is similar as regards experience yet clearly for conversion of foreign licences that experience
must be on non EASA aircraft.