Nick14 – It’s not surprising that you are having trouble getting your head around the EASA regulations structure as they keep changing it! Essentially, however, it is reasonably straightforward.
At the top of the structure is Regulation 218/2008 (the Basic Regulation) which, as you say, has been EU law for about 4 years. The Basic Regulation has 5 annexes:
- Annex I – Essential requirements for airworthiness referred to in Article 5
- Annex II – Aircraft referred to in Article 4(4) (i.e. Annex II aircraft)
- Annex III – Essential requirements for pilot licensing referred to in Article 7
- Annex IV – Essential requirements for air operations referred to in Article 8
- Annex V – Criteria for qualified entities referred to in Article 13
Below the Basic Regulation are a number of ‘Enabling Regulations’, each dealing with a different area of EASA’s responsibility. At present, seven of these have been enacted into EU law:
- Initial Airworthiness (Regulation 1702/2003)
- Continuing Airworthiness (Regulation 2042/2003)
- Air Traffic Controller Licensing (Regulation 805/2011)
- ATM/ANS Oversight (Regulation 1034/2011)
- ANS Providers (Regulation 1035/2011)
- AUR and ACAS II (Regulation 1332/2011)
- Air Crew [sic] (Regulation 1178/2011 amended by Regulation 290/2012)
Each of the enabling regulations also has annexes and the Aircrew Regulation has seven:
- Annex I – Part-FCL
- Annex II – Conditions for the conversion of existing national licences
- Annex III – Conditions for the acceptance of licences issued by or no behalf of third countries
- Annex IV – Part-MED
- Annex V – Part-CC (Cabin Crew)
- Annex VI – Part ARA (Authority Requirements)
- Annex VII – Part-ORA (Organisation Requirements)
The Aircrew Regulation became EU law on 8 April 2012 but member states were permitted to delay implementation of the Annexes by up to 12 months. The UK initially elected to implement them on 1 July but, having failed to meet its own deadline, delayed implementation until 17 September. Until then, the UK is continuing to comply with JAR-FCL except where the Aircrew Regulation does not permit it (e.g. the arrangements for crediting of ex-military aircrew).
The enabling regulation for Air Operations is currently being considered by the EASA Committee of the European Commission (known as ‘comitology’) and is due to become law towards the end of this year.
So far as examiners authorised by states other than the state of licence issue of the candidate are concerned, they will need to inform the competent authority of the state of licence issue and receive a briefing before conducting any Skill Test, Proficiency Checks or Assessment of Competence. This will not become necessary for UK licensed pilots until 17 September until when the current requirements remain in force.
If you need any further clarification, please feel free to PM me.