ATCO.AR.A.015 Means of compliance

• Regulation (EU) 2023/893 found in: Air Traffic Controllers Licensing and Certification (2015/340) Part-ATCO (Jun 2024)

ATCO.AR.A.015 Means of compliance Regulation (EU) 2023/893 (a)       The Agency shall develop Acceptable Means of Compliance (AMC) that may be used to establish compliance with Regulation (EC) No 216/2008 and its implementing rules. When AMC are complied with, the related requirements of the implementing rules are met. (b)       Alternative means of compliance may be used to establish compliance with the implementing rules. (c)       The competent authority shall establish a system to consistently evaluate that all alternative means of compliance used by itself or by organisations and persons under its oversight allow the establishment of compliance with Regulation (EC) No 216/2008 and its implementing rules. (d)       The competent authority shall evaluate all alternative means of compliance proposed by an organisation in accordance with [ATCO.OR.B.005](#_DxCrossRefBm1379192580) 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; (2)       notify the Agency of their content, including copies of all relevant documentation; and (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)       notify the Agency without undue delay. 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. [applicable until 3 August 2024 - Regulation (EU) 2015/340] (a)       The Agency shall develop acceptable means of compliance (“AMC”) that may be used to establish compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof. (b)       Alternative means of compliance may be used to establish compliance with the delegated and implementing acts. (c)       The competent authority shall inform the Agency of any alternative means of compliance used by organisations under their oversight or by themselves for establishing compliance with this Regulation. *[applicable from 4 August 2024 - Implementing Regulation (EU) 2023/893]*