What is the status of 'Implementing Rules', 'Acceptable Means of Compliance' (AMC), ‘Certification Specifications’ (CS), Alternative Means of Compliance (AltMOC), 'Guidance Material' (GM), ‘Special Conditions’ and 'Frequently Asked Questions'(FAQ)?
Answer
Implementing rules (IRs) are binding in their entirety and used to specify a high and uniform level of safety and uniform conformity and compliance. They detail how to comply with the essential requirements of the Basic Regulation and regulate the subject matters included in its scope. The IRs are adopted by the European Commission in the form of Regulations. EU law is directly applicable (full part of Member States' legal order).
Detailed implementation aspects are included as Certification Specifications (CS) or Acceptable Means of Compliance (AMC).
Acceptable Means of Compliance (AMC) are non-binding. The AMC serves as a means by which the requirements contained in the Basic Regulation and the IRs can be met. The AMC illustrate a means, but not the only means, by which a requirement of an implementing rule can be met. Satisfactory demonstration of compliance using a published AMC shall provide for presumption of compliance with the related requirement; it is a way to facilitate certification tasks for the applicant and the competent authority. However, NAAs and organisations may decide to show compliance with the requirements using other means. Both NAAs and the organisations may propose alternative means of compliance (AltMoCs). ‘Alternative Means of Compliance’ are those that propose an alternative to an existing AMC. Those AltMoC proposals must be accompanied by evidence of their ability to meet the intent of the IR. Use of an existing AMC gives the user the benefit of compliance with the IR.
Read more on the difference between AMC and AltMoC.
Certification Specifications (CS) are non-binding technical standards adopted by EASA to meet the essential requirements of the Basic Regulation. CSs are used to establish the certification basis (CB) as described below. Should an aerodrome operator not meet the recommendation of the CS, they may propose an Equivalent Level of Safety (ELOS) that demonstrates how they meet the intent of the CS. As part of an agreed CB, the CS become binding on an individual basis to the applicant.
Special Conditions (SC) are non-binding special detailed technical specifications determined by the NAA for an aerodrome if the certification specifications established by EASA are not adequate or are inappropriate to ensure conformity of the aerodrome with the essential requirements of Annex VII to the Basic Regulation. Such inadequacy or inappropriateness may be due to:
- the design features of the aerodrome; or
- where experience in the operation of that or other aerodromes, having similar design features, has shown that safety may be compromised.
SCs, like CSs, become binding on an individual basis to the applicant as part of an agreed CB.
Guidance Material (GM) is non-binding explanatory and interpretation material on how to achieve the requirements contained in the Basic Regulation, the IRs, the AMCs and the CSs. It contains information, including examples, to assist the user in the correct understanding and application of the Basic Regulation, its IRs, AMCs and the CSs.
Frequently Asked Questions: FAQs are published on the EASA website and cover a wide range of material. Although the information contained in the FAQs is a summary of existing law or procedures, it may contain the results of a more complex interpretation of IR or other rules of law. In such cases there is always an internal quality consultation within the Agency prior to the publication of the FAQ on the website. The EASA FAQs are necessary to share information and enable to get a common understanding.
The FAQs are not additional GM.