Source: OJ L, 2024/1689, 12.7.2024Current language: EN
- Artificial intelligence act
Basic legislative acts
- AI act regulation
Article 63 Derogations for specific operators
Summary What does Article 63 of the AI act regulation say?
This article provides a limited concession for microenterprises, allowing them to comply with the quality management system requirements under Article 17 in a simplified manner.
The Commission is tasked with developing guidelines to define what that simplification looks like in practice.
Critically, the article is clear that this is a narrow carve-out: it does not exempt microenterprises from any other obligations under the regulation, and the level of protection for high-risk AI systems must not be diminished.
Important points:
- Microenterprises (with no partner or linked enterprises) may comply with 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 microenterprises.
- This simplification does not exempt microenterprises from any other obligations in the regulation, including those on risk management, data governance, transparency, human oversight, and incident reporting.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
Microenterprises within the meaning of Recommendation 2003/361/EC may comply with certain elements of the quality management system required by Article 17 of this Regulation in a simplified manner, provided that they do not have partner enterprises or linked enterprises within the meaning of that Recommendation. 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 microenterprises, without affecting the level of protection or the need for compliance with the requirements in respect of high-risk AI systems.
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.
Relevant recitals
Recital 146 Simplified quality management system for microenterprises
Moreover, in light of the very small size of some operators and in order to ensure proportionality regarding costs of innovation, it is appropriate to allow microenterprises to fulfil one of the most costly obligations, namely to establish a quality management system, in a simplified manner which would reduce the administrative burden and the costs for those enterprises without affecting the level of protection and the need for compliance with the requirements for high-risk AI systems. The Commission should develop guidelines to specify the elements of the quality management system to be fulfilled in this simplified manner by microenterprises.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
distributor
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provider
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authorised representative
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operator
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deployer
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importer
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AI system
Definition
general-purpose AI model