ATPL IR ICAO and EASA theory validity

[FLYSAFETY514]

Hello everyone,

Simple question than I can find answer.
The validity of EASA ATPL theory is valid 7 years after the renewal of IR.
I have an ICAO ATPL IR and TR valid with 500 h Capt on type.
NO EASA CPL and IR.
My ATPL EASA theory validity can be credited by my ICAO IR and type rating?

Thank you in advance.

[selfin]

The ATPL exams are valid for ATPL issue for 7 years from the last validity date of an IR entered in the licence. No interpretation is given for "the licence" so it must be taken as meaning an appropriate EASA Part-FCL one (including a PPL).

FCL.025 Theoretical knowledge examinations for the issue of licences and ratings
(c) Validity period
...
(2) The completion of the airline transport pilot licence (ATPL) theoretical knowledge examinations will remain valid for the issue of an ATPL for a period of 7 years from the last validity date of:
(i) an IR entered in the licence; or
...

The Basic Regulation contains a flexibility provision allowing the Commission to amend the rule in response to a reasoned request made by a member state (link (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32018R1139#d1e4751-1-1)).

Article 71

...

3. Where a Member State considers that the compliance with the applicable essential requirements set out in the Annexes can be
demonstrated by other means than those laid down in the delegated and implementing acts adopted on the basis of this Regulation,
and that those means present significant advantages in terms of civil aviation safety or of efficiency for the persons subject to this
Regulation or for the authorities concerned, it may submit to the Commission and the Agency, through the repository established
under Article 74, a reasoned request for amendment of the delegated or implementing act concerned so as to allow for the use of those
other means.

In that case, the Agency shall, without undue delay, issue a recommendation to the Commission on whether the Member State's
request fulfils the conditions set out in the first subparagraph. Where necessary as a result of the application of this paragraph, the
Commission shall, without delay and taking account of that recommendation, consider amending the delegated or implementing act
concerned.

This provision, as article 14 in the previous Basic Regulation, was invoked in 2013 by UK to allow third-country IR holders to avoid having to re-take the Part-FCL IR theory exams to renew Part-FCL IRs which had lapsed by 7 or more years. The pilots petitioning that action did however hold Part-FCL licences with IRs. You can read about that here on PPRuNe, https://www.pprune.org/military-aviation/487882-uk-caa-ir-fiasco-2.html#post7874045 The Commission approved the UK exemption on 6 Feb 2014 and the decision was published in Annex V to 2014/69/EU: Commission Decision of 6 February 2014 ... (notified under document C(2014) 559). CELEX document 32014D0069. It was recently incorporated into Part-FCL as point (3)(e) in FCL.625 for IRs and as point (b)(2) in FCL.740 for aircraft ratings. Neither rule benefits a person who holds no Part-FCL licence or Part-FCL ratings but it demonstrates a related successful application of the flexibility provision.

[rudestuff]

No. You'll need to do the exams again.

[FLYSAFETY514]

Thank you very much for this helpful and precise answer.
In my case I don t have Part Fcl Licence but i passed my type rating ATR and renewal IR with part Fcl organisation.
I hope the EASA will recognize this fact.

Thank you again for your time.

[rudestuff]

They will recognise it but it won't help you unfortunately. Without an EASA IR to keep your ATPL exams valid you will need to do them again. The good news is when you have passed the exams you will only need to do an LST in an ATR SIM and you will get a full ATPL and ATR type rating.