[johnm]

@bookworm clearly knows his stuff, that's a really good summary.


Like all EU stuff it starts with the Treaties which the 28 sign up to, that lays out areas where the EU is considered the "competent authority" for all member states.

A basic regulation is then drafted by the commission and hacked around until agreed by all member states or at least a qualified majority.

The regulation may then be taken forward by an Executive agency which interprets the basic regulation and makes rules to reflect its intention as @bookworm bookworm outlined for EASA

Items of detail where States cannot then agree on the interpretation and the rules may have derogations so that States can effectively do their own thing on that bit.

The Executive Agency can also propose changes to the basic regulation in the light of experience as EASA has recently done.

[riverrock]

On the FAA question, you can fly into / out of the UK with a foreign licensed aircraft based on international agreements. See https://en.wikipedia.org/wiki/Freedoms_of_the_air
The rules on who is allowed to fly that aircraft, are governed by the state the aircraft is registered in, so long as the licences are ICAO complaint. For the FAA/N-Reg - my understanding is that you can fly with a foreign licence within that foreign country's airspace (so you can use a UK licence to fly N-Reg in the UK, but not in France - doesn't matter whether it is an EASA one or not).

EASA aircraft are allowed to fly anywhere in EASA land with any EASA licence due to EU Law.

If not an EASA aircraft, it is currently up to individual countries to decide whether to allow third parties to fly within it (that is different from in/out of that country - as covered by the conventions above). There is an EASA law in the pipeline which will control this - currently postponed till 2019 in hope of some reciprocal agreements between EU and USA. See http://www.peter2000.co.uk/aviation/easa/index.html for a history of this.

HTH

[ChrisGazzard]

The EASA regs are simply regulations, but EASA would unlikely take action against an individual for non-compliance, that is what the national regulator is for.

Essentially, it’s the CAA’s job to implement EASA regulations into domestic rules. Often they do this by publishing CAPs, the ANO etc. Other times, these documents simply refer to the EASA regulations and you are expected to follow them.

I’ve always found this can work to your advantage when there are gaps between the two or differences. As long as you put forward a reasoned argument when questioned, you can choose the more favourable regulation.