1. These are aircraft performance requirements, a bit like the take-off climb (WAT) limits; they are independent of location.
2. I think these are procedure design requirements. Perhaps the "40:1 surface" means that for a straight missed approach to be published, there should be no obstacles penetrating that surface? If there are, then a turning missed approach should be designed?
The manufacturer has to ensure compliance with 1.
The aerodrome operator has to ensure compliance with 2.
The aircraft operator/commander has to check compliance and performance compatibility with both requirements, on the day, at the location.