Alternative Means of Compliance
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Alternative Means of Compliance (AltMOC) is the name given by EASA to an alternative to an existing acceptable means of compliance or to a means of establishing compliance with Regulation (EC) No 216/2008 and its Implementing Rules (IR-OPS) for which no associated Acceptable Means of Compliance has been adopted by the Agency (EASA). (Annex I to Regulation (EC) No 965/2012 (IR-OPS)).
EASA recognises that the Guidance Material (GM) provided by a particular AMC may not be appropriate for all situations and that Sates or Operators may wish to develop alternative means of compliance with certain regulations.
For example, Annex II to IR-OPS, Regulation ARO.GEN.120 Means of compliance paragraphs (b) to (e) contain the following provisions:
(b) Alternative means of compliance may be used to establish compliance with the Implementing Rules.
(c) The competent authority shall establish a system to consistently evaluate that all alternative means of compliance used by itself or by organisations and persons under its oversight allow the establishment of compliance with Regulation (EC) No 216/2008 and its Implementing Rules.
(d) The competent authority shall evaluate all alternative means of compliance proposed by an organisation in accordance with ORO.GEN.120 (b) by analysing the documentation provided and, if considered necessary, conducting an inspection of the organisation.
When the competent authority finds that the alternative means of compliance are in accordance with the Implementing Rules, it shall without undue delay:
- (1) notify the applicant that the alternative means of compliance may be implemented and, if applicable, amend the approval or certificate of the applicant accordingly; and
- (2) notify the Agency of their content, including copies of all relevant documentation;
- (3) inform other Member States about alternative means of compliance that were accepted.
(e) When the competent authority itself uses alternative means of compliance to achieve compliance with Regulation (EC) No 216/2008 and its Implementing Rules it shall:
- (1) make them available to all organisations and persons under its oversight; and
- (2) without undue delay notify the Agency.
The competent authority shall provide the Agency with a full description of the alternative means of compliance, including any revisions to procedures that may be relevant, as well as an assessment demonstrating that the Implementing Rules are met.
Competent Authority. The meaning of the term Competent Authority is defined in Article 3 paragraph 1 of Regulation (EC) 965/2012 as follows:
"Member States shall designate one or more entities as the competent authority within that Member State with the necessary powers and allocated responsibilities for the certification and oversight of persons and organisations subject to Regulation (EC) No 216/2008 and its implementing rules."
AMC and guidance material support this provision, for example:
AMC1 ARO.GEN.120(d)(3) Means of compliance GENERAL The information to be provided to other Member States following approval of an alternative means of compliance should contain a reference to the Acceptable Means of Compliance (AMC) to which such means of compliance provides an alternative, as well as a reference to the corresponding Implementing Rule, indicating as applicable the subparagraph(s) covered by the alternative means of compliance.
GM1 ARO.GEN.120 Means of compliance GENERAL Alternative means of compliance used by a competent authority or by organisations under its oversight may be used by other competent authorities or organisations only if processed again in accordance with ARO.GEN.120 (d) and (e).