From Article 7 of Regulation (EC) No 216/2008:
2. Except when under training, a person may only act as a pilot if he or she holds a licence and a medical certificate appropriate to the operation to be performed.
From Commission Regulation (EU) No 1178/2011:
Pilots involved in the operation of certain aircraft, as well as flight simulation training devices, persons and organisations involved in training, testing or checking of those pilots, have to comply with the relevant essential requirements set out in Annex III to Regulation (EC) No 216/2008. According to that Regulation pilots as well as persons and organisations involved in their training should be certified once they have been found to comply with essential requirements.
Note: Annex III referred to above covers essential requirements for pilot licencing referred to in Article 7
From Annex 1 to Commission Regulation (EU) No 1178/2011:
FCL.700
(a) Except in the case of the LAPL, SPL and BPL, holders of a pilot licence shall not act in any capacity as pilots of an aircraft unless they have a valid and appropriate class or type rating, except when undergoing skill tests, or proficiency checks for renewal of class or type ratings, or receiving flight instruction.
It is my opinion that the quotations above amount to the requirement for,
inter alia, a pilot to be properly licenced and rated in order to operate certain (i.e. most) "EASA" aircraft.
From Annex 1 to Commission Regulation (EU) 1178/2011:
FCL.740.A Revalidation of class and type ratings — aeroplanes
(a) [..]
(b) Revalidation of single-pilot single-engine class ratings.
(1) Single-engine piston aeroplane class ratings and TMG ratings. For revalidation of single-pilot single-engine piston aeroplane class ratings or TMG class ratings the applicant shall:
(i) within the 3 months preceding the expiry date of the rating, pass a proficiency check in the relevant class in accordance with Appendix 9 to this Part with an examiner; or
(ii) within the 12 months preceding the expiry date of the rating, complete 12 hours of flight time in the relevant class, including:
— 6 hours as PIC,
— 12 take-offs and 12 landings, and
— a training flight of at least 1 hour with a flight instructor (FI) or a class rating instructor (CRI). Applicants shall be exempted from this flight if they have passed a class or type rating proficiency check or skill test in any other class or type of aeroplane.
(2) When applicants hold both a single-engine piston aeroplane-land class rating and a TMG rating, they may complete the requirements of (1) in either class, and achieve revalidation of both ratings.
(3) [..]
From Annex 1 to Commission Regulation (EU) No 1178/2011:
FCL.050 Recording of flight time
The pilot shall keep a reliable record of the details of all flights flown in a form and manner established by the competent authority.
From AMC and GM to Part-FCL:
AMC1 FCL.050 Recording of flight time
(a) The record of the flights flown should contain at least the following information:
(1) [..]
(2) [..]
(3) [..]
(4) details on pilot function, namely PIC, including solo, SPIC and PICUS time, co-pilot, dual, FI or FE;
Anyone see any mention of the recording of time spent as a passenger being acceptable for the purposes of licencing?