ADR.AR.A.015 Means of compliance

(a)The Agency shall develop Acceptable Means of Compliance (AMC) that may be used to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules. When the Acceptable Means of Compliance are complied with, the related requirements of the Implementing Rules are met.

(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 the alternative means of compliance used by itself or by aerodrome operators or providers of apron management services under its oversight provide for compliance with Regulation (EC) No 216/2008 and its Implementing Rules.

(d)The Competent Authority shall evaluate the alternative means of compliance proposed by an aerodrome operator or an organisation responsible for the provision of AMS, in accordance with point ADR.OR.A.015, by analysing the documentation provided and, if considered necessary, conducting an inspection of the aerodrome operator, the aerodrome or the organisation responsible for the provision of AMS. When the Competent Authority finds that the alternative means of compliance proposed by the aerodrome operator or the provider of apron management services 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 certificate or approval of the applicant accordingly;

(2)inform the Agency of their content, including copies of the relevant documentation;

(3)inform other Member States about alternative means of compliance that were accepted; and

(4)inform the certified aerodromes and the organisation responsible for the provision of AMS under its oversight, as appropriate.

(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 aerodrome operators and providers of apron management services 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.