Source: OJ L, 2024/1689, 12.7.2024Consolidated text

Current language: EN

Article 63 Derogations for specific operators


Summary What does Article 63 of the AI act regulation say?

This article carves out a limited concession for SMEs, including start-ups, by allowing them to meet certain quality management system obligations from Article 17 in a simplified manner.

Importantly, the article is careful to contain its own scope: the simplification is narrow and does not amount to a general exemption.

The Commission is tasked with developing guidelines to define what "simplified" looks like in practice, while ensuring the overall level of protection for high-risk AI systems remains intact.

Important points:

  • If you are an SME or start-up without partner or linked enterprises, you may comply with certain Article 17 quality management system requirements in a simplified manner.
  • The Commission is required to develop guidelines specifying which elements of the quality management system can be simplified for SMEs.
  • This simplification does not exempt SMEs from any other obligations under the regulation, including those on risk management, data governance, transparency, human oversight, and incident reporting.

Springlex's summary of the article is a reading aid, not a substitute for the legal text.

  1. ▼M1
    1. SMEs, including start-ups, may comply with certain elements of the quality management system required by Article 17 in a simplified manner, provided that they do not have partner enterprises or linked enterprises within the meaning of Recommendation 2003/361/EC. For that purpose, the Commission shall develop guidelines on the elements of the quality management system which may be complied with in a simplified manner considering the needs of SMEs, without affecting the level of protection or the need for compliance with the requirements in respect of high-risk AI systems.

    1. Paragraph 1 of this Article shall not be interpreted as exempting those operators from fulfilling any other requirements or obligations laid down in this Regulation, including those established in Articles 9, 10, 11, 12, 13, 14, 15, 72 and 73.

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