Hi everyone,
Revisiting this old thread as it remains a topic that my current Competent Authority refuses to acknowledge, and it apparently hasn't become any clearer since the implementations of Part-FCL regulations.
To sum up: I hold an FAA CFI/CFII as the original poster, my goal is to convert it into an FI(H). Based EU regulation (EU) N.o 1178/2011, Article 8, first three paragraphs, my understanding is that not only can one convert an ICAO Flight Instructor license but also that one may claim a course reduction both theoretical and practical.
The CA that issues my Part-FCL license states that there are no provisions for Flight Instructor conversions.
When pressed to justify their view, they surprisingly quoted “In accordance with Articles 7(2), (5) and (6)(e) and 12 of the Basic Regulation, instructor certificates issued by third countries can only be accepted in accordance with a bilateral agreement celebrated between the European Community and that third country” COMMENT RESPONSE DOCUMENT (CRD) TO NOTICE OF PROPOSED AMENDMENT (NPA) 2008-17B c.12 - Annex III, Annex IV published on 9th April 2010 - to which I responded that the document they refer to is a simple draft gathering comments and responses published back in 2010.
They later pressed on stating that regulation (EC) N.o 216/2008 does not support ICAO flight instructor conversions to Part-FCL FI. To which I responded stating that EU regulation (EU) N.o 1178/2011 lays down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council - they are therefore complementary.
I contacted EASA in Germany, spoke to one of their officers at the licensing department and was told over the phone that I was right: Article 8 of EU regulation (EU) N.o 1178/2011 does support ICAO conversions, however it is not the job of EASA to provide binding interpretations of laws, that is done by Competent Authorities.
I am baffled by their response: basically EASA drafts laws and proposes them to the European Commission, they also work towards bilateral agreements between the EU and other ICAO states. Once their regulations get approved by the Commission, they then become law and are passed on to the Competent Authorities of Member States - who can happily misinterpret those very same laws?!
I cannot comprehend how although we aim to move to towards increased standardization and uniformity across Europe, these situations can occur and yet there doesn't really seem to be a way around it other than taking the matter to court.
Thoughts anyone?