ARO.GEN.120 Means of compliance

(a) The CAA shall develop acceptable means of compliance (‘AMC’) that may be used to establish compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts.

(b) Alternative means of compliance may be used to establish compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts.

(c) The CAA shall establish a system to consistently evaluate whether the alternative means of compliance used by itself or by organisations and persons under its oversight comply with Regulation (EU) 2018/1139 and its delegated and implementing acts. That system shall include procedures to limit, revoke or amend approved alternative means of compliance, if it has been demonstrated by the CAA that those alternative means of compliance do not comply with Regulation (EU) 2018/1139 and delegated and implementing acts adopted on its basis.

(d) The CAA shall evaluate all alternative means of compliance proposed by an organisation in accordance:

(1)  with point ORO.GEN.120(b) of Annex III (Part-ORO) to this Regulation;

(2)  for balloons with point BOP.ADD.010 of Annex II (Part-BOP) to Commission Regulation (EU) 2018/395.

(3)  Provision repealed before document was retained.

by analysing the documentation provided and, if considered necessary, conducting an inspection of the organisation.

When the CAA 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, specialised operation authorisation or certificate of the applicant accordingly.

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(e) When the competent authority itself uses alternative means of compliance to achieve compliance with Regulation (EC) No 216/2008 and its Implementing Rules [the CAA must make them available to all organisations and persons under its oversight.]

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