145.B.120 Means of compliance

ALTERNATIVE MEANS OF COMPLIANCE — GENERAL

(a)A competent authority may establish means to comply with the Regulation different from the AMC established by EASA. In that case, the competent authority is responsible for demonstrating how these alternative means of compliance (AltMoC) establish compliance with the Regulation.

(b)AltMoC used by a competent authority, or by an organisation under its oversight, may be used by other competent authorities, or another organisation, only if processed again in accordance with respectively point 145.B.120 and point 145.A.120.

(c)AltMoC issued by the competent authority may cover the following cases: AltMoC to be used by organisations under the oversight of the competent authority and made available to these organisations; AltMoC to be used by the authority itself to discharge its responsibilities.

PROCESSING THE ALTERNATIVE MEANS OF COMPLIANCE To meet the objective of points (b) and (c) of point 145.B.120:

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

(b)If the competent authority issues AltMoC for itself or for the organisations under its oversight, it should: make them available to all relevant organisations; notify the Agency as soon as the AltMoC is issued, including the information described in point (d) below.

(c)The competent authority should evaluate the AltMoC proposed by an organisation by analysing the documentation provided and, if considered necessary, inspecting the organisation. When the competent authority finds that the AltMoC is in accordance with the Regulation, it should: notify the applicant that the AltMoC is approved; indicate that this AltMoC may be implemented, and agree when the MOE is to be amended; and notify the Agency as soon as the AltMoC is approved, including the information described in point (d) below.

(d)The competent authority should provide the Agency with the following information: a summary of the AltMoC; the content of the AltMoC; a statement that compliance with the Regulation is achieved; and in support of that statement, an assessment demonstrating that the AltMoC reaches an acceptable level of safety, taking into account the level of safety provided by the corresponding EASA AMC. All these elements describing the AltMoC form an integral part of the records to be kept in accordance with 145.B.220.

CASE WHERE THE REGULATION HAS NO CORRESPONDING EASA AMC When there is no EASA AMC for a certain requirement in the Regulation, the competent authority may choose to develop national guides or other types of documents to help the organisations under its oversight in compliance demonstration. The competent authority may inform the Agency, so that such guides or other documents may later be considered for transposition into an AMC published by the Agency through the Agency rulemaking process.