FAQ n.19118

How can alternative means of compliance to the AMC published by the Agency be used by NAAs, operators and approved training organisations across the EU?

Answer

Reference: Regulation (EU) No 290/2012 on Aircrew (ARA.GEN.120); Decision AMC/GM to Part ARA (AMC1 ARA.GEN.120(d)(3), GM1 ARA.GEN.120); Regulation (EU) No 965/2012 on Air Operations (ARO.GEN.120); Decision AMC/GM to Part ARO (AMC1 ARO.GEN.120(d)(3), GM1 ARO.GEN.120)

The only means of compliance to the Aircrew/Air OPS Regulations that all organisations can use across the EU are the AMC as published by the Agency. For alternative means of compliance, the following scenarios are foreseen:

  1. an alternative means of compliance approved for an individual organisation may be used by another organisation, but that organisation must also apply for approval to use such alternative means of compliance;
  2. an alternative means of compliance issued by the competent authority (e.g. NAA) may be used by all organisations for which that authority is responsible.

Whenever the competent authority accepts an alternative means of compliance proposed by an organisation, it must notify the Agency and inform all other Member States. However, each Member State may decide how to deal with this information. This is explained in:

Regulation (EU) No 290/2012 on Aircrew:

ARA.GEN.120 MEANS OF COMPLIANCE

“(d) The competent authority shall evaluate all alternative means of compliance proposed by an organisation in accordance with ORA.GEN.120 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 MS 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.”

AMC1 ARA.GEN.120(d)(3):

“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 ARA.GEN.120 explains that alternative means of compliance are valid for an individual organisation:

“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 ARA.GEN.120 (d) and (e).”

When the Agency finds that an alternative means of compliance of which it has been notified has value to be issued as an Agency AMC, this alternative means of compliance will be fed into the Rulemaking process. On completion of the rulemaking process, the means of compliance will be published as AMC.

AMC & GM to Part ARA are available here.

Regulation (EU) No 965/2012 on Air Operations:

ARO.GEN.120:

“(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.”

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).”

In the Information on Alternative Means of Compliance notified to the Agency page you can find a list of all the notifications sent by the Member States to EASA with the alternative means of compliance that they adopted.

Last updated: 
14/02/2014

Was this helpful?

Vote up  7
Vote down  3