@Mustapha: You sound like you work for the German LBA, or perhaps the UK CAA
I understand you have TRE privileges on fixed wing, is that correct?
Yes I meant the first three paragraphs of Article 8 of COMMISSION REGULATION (EU) No 1178/2011 of 3 November 2011:
1. Without prejudice to Article 12 of Regulation (EC) No 216/2008 and where there are no agreements concluded between the Union and a third country covering pilot licensing, Member States may accept third country licences, and associated medical certificates issued by or on behalf of third countries, in accordance with the provisions of Annex III to this Regulation.
2. Applicants for Part-FCL licenses already holding at least an equivalent licence, rating or certificate issued in accordance with Annex 1 to the Chicago Convention by a third country shall comply with all the requirements of Annex I to this Regulation, except that the requirements of course duration, number of lessons and specific training hours may be reduced.
3. The credit given to the applicant shall be determined by the Member State to which the pilot applies on the basis of a recommendation from an approved training organization.
I understand that "may" is used instead of "must" or "shall", therefore suggesting that there is a possibility that Member States could accept ICAO licenses but that it is not mandatory for them to accept those. In my case thought, the Competent Authority refuses to acknowledge such possibility and claims that there are no provisions for acceptance of ICAO licenses - which clearly is erroneous.
Are you trying to make a point about the fact that the acceptance of ICAO licenses is not compulsory? The existence of a provision for this though is undeniable.