What is the purpose of EASA published acceptable means of compliance (AMC) according to GM1 21.A.124A and 21.A.134A?

AMC are a tool to standardise the demonstration of compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts, and to facilitate the verification activities of the competent authorities in relation to that Regulation and its delegated and implementing acts.

If an organisation wants to use a means of compliance different from EASA's published AMC, what are the two possible ways to establish such alternative means of compliance (AltMoC)?

An AltMoC can be established (1) by the organisation's competent authority (see GM1 21.B.115 and GM1 21.B.215), or (2) by the organisation itself and approved by its competent authority (see point (c)).

When can an organisation start using an AltMoC that it has proposed to its competent authority?

The organisation can use the AltMoC only once the competent authority approves it.

GM1 21.A.124A and 21.A.134A Means of compliance

Q: Are organisations legally required to use the acceptable means of compliance published by EASA?

No, competent authorities and regulated entities are not legally bound to use the AMC, but applying them is recommended.

Q: Does using an alternative means of compliance (AltMoC) allow an organisation to deviate from Regulation (EU) 2018/1139 or its delegated or implementing acts?

No, an AltMoC does not allow deviation from Regulation (EU) 2018/1139 and its delegated or implementing acts.

Q: Who is responsible for demonstrating that an organisation-proposed AltMoC establishes compliance with the regulation?

The organisation is responsible for demonstrating how that AltMoC establishes compliance with the regulation.

Q: Is the approval of an AltMoC granted to an organisation transferable to other organisations?

No, the approval of an AltMoC is granted to the organisation by its competent authority on an individual basis and is restricted to that specific organisation. Other organisations that wish to use the same AltMoC should go through the AltMoC process and obtain individual approval from their competent authority.

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GM1 21.A.124A and 21.A.134A Means of compliance

ED Decision 2022/021/R

GENERAL

(a) Acceptable means of compliance (AMC), as referred to in Article 76(3) of Regulation (EU) 2018/1139[30], are a tool to standardise the demonstration of compliance with, and facilitate the verification activities of the competent authorities in relation to, that Regulation and its delegated and implementing acts. AMC are published by EASA to achieve those objectives. While competent authorities and regulated entities are not legally bound to use the AMC, applying them is recommended.

(b) If an organisation wishes to use other means to comply with Regulation (EU) 2018/1139 and its delegated and implementing acts, which are different from the AMC that are published by EASA, that organisation may need to demonstrate compliance by using alternative means of compliance (AltMoC) that are established:

(1) by its competent authority (see GM1 21.B.115 and GM1 21.B.215); or

(2) by that organisation and approved by its competent authority (see point (c)).

An AltMoC does not allow deviation from Regulation (EU) 2018/1139 and its delegated or implementing acts.

An organisation that wishes to use a different MoC than the one published by EASA can propose an AltMoC to the competent authority and use it only once the competent authority approves it. In that case, the organisation is responsible for demonstrating how that AltMoC establishes compliance with the regulation.

The approval of an AltMoC is granted to the organisation by its competent authority on an individual basis and is restricted to that specific organisation. Other organisations that wish to use the same AltMoC should go through the AltMoC process (i.e. demonstrate how that AltMoC establishes compliance with the regulation) and obtain individual approval from their competent authority.

[30] Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1) (https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1535612134845&uri=CELEX:32018R1139).

Details

Source-Title: GM1 21.A.124A and 21.A.134A Means of compliance View latest amendments

Erulesid: ERULES-1963177438-20323 Compare versions

Domain: Initial airworthiness

Amendedby: Issue 2, Amendment 14

Applicabilitydate: 7 March, 2023

Entryintoforcedate: 20 December, 2022

Regulatorysource: ED Decision 2022/021/R Navigate

Regulatorysubject: Part-21

Typeofcontent: GM to IR (Guidance material to implementing rule)

Parentir: 21.A.134A Means of compliance

Origin: EASA

Category: EAR