Alternative Means of Compliance
Acceptable means of compliance (AMC)
AMCs are non-binding standards adopted by EASA to illustrate the means to establish compliance with the Basic Regulation and its Implementing Rules.
AMCs issued by EASA are not of a legislative nature. They cannot create additional obligations on the regulated persons, who may decide to show compliance with the applicable requirements using other means. However, as the legislator wanted such material to provide for legal certainty and to contribute to uniform implementation, it provided the AMC adopted by EASA with a presumption of compliance with the rules, so that it commits competent authorities to recognise regulated persons complying with EASA AMC as complying with the law.
Alternative means of compliance (AltMoC)
Since AMCs are non-binding, regulated persons may choose alternative means to comply with the rule. In this case, however, they lose the presumption of compliance provided by the EASA AMC, and need to demonstrate to competent authorities that they do comply with the law.
The implementing rules for Aircrew licensing and Air Operations describe the process to be used by regulated persons and competent authorities when they intend to use an AltMoC to comply with the rules.
Points ORA.GEN.120 and ORO.GEN.120 provide that the implementation of AltMoC by approved training organizations (ATO) and certified operators is subjected to prior approval by the competent authority and precise what must be done in order to obtain this authorization.
Points ARA.GEN.120 and ARO.GEN.120 establish the obligations of competent authorities when giving the prior approval and when they adopt themselves an AltMoC that can be used by the regulated organizations who are under their oversight.
Approved Belgian AltMoC’s:
|BCAA Reference||Area of interest||Regulatory reference||subject||proposed by||Date of approval||notification to EASA||EASA Reference|
|BCAA/AltMoC/FCL/2015-02||FCL||EU 1178/2011 Annex I||Alternative requirements for the extension of the privileges of a TRI(A) to give instruction in a TRI(A) course||BCAA||10/07/2015||13/07/2015||2015-00023|