ATM/ANS.AR.A.015
Means of compliance
Regulation (EU) 2017/373
(a) The Agency shall develop
acceptable means of compliance (AMC) that may be used to establish compliance
with the requirements of this Regulation. When AMC are complied with, the
applicable requirements of this Regulation shall be deemed to have been met.
(b) Alternative means of
compliance (AltMOC) may be used to establish compliance with the requirements
of this Regulation.
(c) The competent authority
shall establish a system to consistently evaluate that all AltMOC used by
itself or by the service providers under its oversight allow the establishment
of compliance with the requirements of this Regulation.
(d) The
competent authority shall evaluate all AltMOC proposed by a service provider
in accordance with point ATM/ANS.OR.A.020
by analysing the documentation provided and, if considered necessary,
conducting an inspection of the service provider.
When the competent authority finds that the AltMOC are sufficient to
ensure compliance with the applicable requirements of this Regulation it shall
without undue delay:
(1) notify the applicant
that the AltMOC may be implemented and, if applicable, amend the certificate
of the applicant accordingly;
(2) notify the Agency of
their content, including copies of all relevant documentation;
(3) inform other Member
States about the AltMOC that were accepted.
(e) When the competent
authority itself uses AltMOC to achieve compliance with the applicable
requirements of this Regulation, it shall:
(1) make them available to
all service providers under its oversight;
(2) notify the Agency
without undue delay.
The competent authority shall provide the Agency with a full
description of the AltMOC, including any revisions to procedures that may be
relevant, as well as an assessment demonstrating that the applicable
requirements of this Regulation are met.