ATCO.AR.A.015 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 of Regulation (EC) No 216/2008 indicating as applicable the subparagraph(s) covered by the alternative 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 ATCO.AR.A.015(d) and (e). [applicable until 3 August 2024 - ED Decision 2015/010/R]

ALTERNATIVE MEANS OF COMPLIANCE — GENERAL

(a)A competent authority may establish means to comply with Commission Regulation (EU) 2015/340 which are different from the acceptable means of compliance (AMC) established by EASA.

(b)In that case, the competent authority is responsible for demonstrating how those alternative means of compliance (AltMoC) assist it to establish compliance with Commission Regulation (EU) 2015/340.

(c)AltMoC that are used by a competent authority, or by an organisation under its oversight, may be used by other competent authorities, or by other organisations, only if they are processed by those authorities in accordance with point ATCO.AR.A.015, and by those organisations in accordance with point ATCO.OR.B.005.

(d)AltMoC that are issued by the competent authority may cover the following cases:

(1)AltMoC to be used by organisations under the oversight of the competent authority, and which are made available to those organisations; and

(2)AltMoC to be used by the competent authority itself to discharge its responsibilities. [applicable from 4 August 2024 - ED Decision 2023/011/R]

PROCESSING OF ALTERNATIVE MEANS OF COMPLIANCE (AltMoC) To meet the objectives of points (b) and (c) of point ATCO.AR.A.015:

(a)the competent authority should establish the means to consistently evaluate over time that all the AltMoC that are used by itself or by organisations under its oversight allow for the establishment of compliance with Commission Regulation (EU) 2015/340;

(b)if the competent authority issues AltMoC for itself or for the organisations under its oversight, it should:

(1)make them available to all relevant organisations; and

(2)notify EASA of the AltMoC as soon as it is / they are issued, including the information that is described in point (d);

(c)the competent authority should evaluate the AltMoC that is/are proposed by an organisation by analysing the documentation provided and, if considered necessary, by inspecting the organisation; when the competent authority finds that the AltMoC is/are in accordance with Commission Regulation (EU) 2015/340, it should:

(1)notify the applicant that the AltMoC is/are approved;

(2)indicate that this/those AltMoC may be implemented, and agree when the organisation documents are to be amended accordingly; and

(3)notify EASA of the AltMoC approval as soon as it is / they are approved, including the information that is described in point (d); and

(d)the competent authority should provide EASA with the following information:

(1)a summary of the AltMoC;

(2)the content of the AltMoC;

(3)a statement that compliance with Commission Regulation (EU) 2015/340 is achieved; and

(4)in support of that statement, an assessment which demonstrates that the AltMoC reaches/reach an acceptable level of safety, taking into account the level of safety that is achieved by the corresponding EASA AMC.

(e)All these elements that describe the AltMoC are an integral part of the records to be kept, which are managed in accordance with point ATCO.AR.A.015. [applicable from 4 August 2024 - ED Decision 2023/011/R]

CASES FOR WHICH THERE IS NO CORRESPONDING EASA AMC When there is no EASA AMC to a certain requirement in Commission Regulation (EU) 2015/340, the competent authority may choose to develop national guides or other types of documents to assist the organisations under its oversight to demonstrate compliance. The competent authority may inform EASA about such national guides or other types of documents so that they may be considered later for incorporation into the AMC that EASA issues and publishes through its rulemaking procedure. [applicable from 4 August 2024 - ED Decision 2023/011/R]