Applying for exemptions and alternative verification procedures to European aviation law

Do you need approval for an exemption from European aviation law or an alternative verification procedure instead of the Acceptable Means of Compliance (AMC)? If so, you must apply to the Federal Aviation Office, provided it is responsible in your case.

As a private individual, organization, sole proprietor or other self-employed person, you can apply for the following approvals from the Luftfahrt-Bundesamt (LBA):

• Approval of an exemption from European aviation law under the flexibility provisions of Regulation (EU) 2018/1139
• Approval of an alternative means of compliance instead of the Acceptable Means of Compliance (AMC)

You can apply for alternative means of compliance for the acceptable means of compliance (AMC) of the European Aviation Safety Agency (EASA), provided that they comply with the relevant EU regulation. You must submit proof of this. The verification procedures may relate to the areas of technology and environmental protection, operations and aviation personnel.

The LBA is responsible for approving exemptions or alternative certification procedures, provided that the underlying facts fall within the LBA's remit. You can currently apply here for exemptions or alternative certification procedures that affect one of the following legal bases within the LBA's area of responsibility:

• Regulation (EU) No. 1178/2011
• Regulation (EU) No. 748/2012
• Regulation (EU) No. 965/2012
• Regulation (EU) No. 1321/2014
• Regulation (EU) 2015/640
• Regulation (EU) 2018/1139 (only Article 11)
• Regulation (EU) 2019/945
• Regulation (EU) 2019/947

For exemptions from European aviation law under the flexibility provisions of Regulation (EU) 2018/1139:

• Proof of urgent and unforeseeable circumstances or urgent operational needs
• Description of the nature and scope of the exemption
• if applicable, type designation, serial number and registration number of the aircraft concerned
• if applicable, measures to exclude any impairment of the safety level
• EASA project number and classification, if applicable
• If applicable, number of the airworthiness directive and revision status of the airworthiness directive
• Declarations of no objection, if applicable

For alternative verification procedures (AltMoC):

• Description of the alternative verification procedure
• Description of the safety level of the alternative verification procedure:
  • For example, FMEA documents, risk assessments or similar
• If applicable, evidence of or reference to an alternative verification procedure that has already been approved

Flexibility provisions of Regulation (EU) 2018/1139:

• You are a natural or legal person.
• You specify the provision from which you are requesting the exemption.
• You need the authorization due to urgent, unforeseeable circumstances or urgent operational needs.
  • You cannot adequately take these circumstances or requirements into account.
• Safety, environmental protection and compliance with the applicable essential requirements are guaranteed despite the exemption.
• The scope and duration of the exemption are limited to what is strictly necessary.
• You apply the exemption in a non-discriminatory manner
• There is no risk of distortion of market conditions.

For alternative means of compliance (AltMoC):

• You are a natural or legal person.
• You specify the provision of the AMC (Acceptable Means of Compliance) for which you are applying for an alternative means of compliance.
• There is a significant relevant difference between the AltMoC and the AMC in question.
• You maintain an equivalent level of safety of the AltMoC compared to the AMC.
• Risk assessment demonstrating compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts and an equivalent level of safety compared to the AMC
• You specify at least a start date for the exemption; optionally the period of the alternative verification procedure

• Appeal
  Further information on how to lodge an objection can be found in the notification of your application.

You can submit applications in connection with exemptions and alternative verification procedures under European aviation law online, by post or by fax.

Online application:

• Go to the federal portal and select the online form. This will guide you step by step through the information and documents required.
• You can upload the required documents directly in the form.
• You can then send the application digitally.
• Depending on the legal basis on which your application is based, your application will be forwarded to the relevant specialist unit at the LBA.
• If anything is unclear or information is missing, the LBA will contact you.
• If all requirements are met, the LBA will send you the result documents.

Application by post:

• Call up the federal portal and select the online form. This will guide you step by step through the information and documents required.
• Once you have completed the form, print it out and send it to the LBA by post together with the required documents.
• The next steps are the same as for the online application.

Application by fax:

• Call up the federal portal and select the online form. This will guide you step by step through the information and documents required.
• Once you have completed the form, print it out and send it to the LBA by fax together with the required documents.
• The next steps are the same as for the online application.

There is no deadline.

There are no costs.

There are no indications or special features.