Article 63: Derogations for specific operators

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Article 63 is a derogation from a documentation requirement, not a penalty provision. Read it next to Article 17, which sets out the quality management system it relaxes.

Article 63 does not govern fines, and it does not tell an authority how to size a penalty against a small operator. Those rules are elsewhere:

• Article 99(1) requires penalties to be effective, proportionate and dissuasive, and to *take into account the interests of SMEs, including start-ups, and their economic viability*.
• Article 99(6) sets the cap: for SMEs, including start-ups, each fine is up to the percentages or amount in paragraphs 3, 4 and 5, whichever is lower.

An earlier version of this page described Article 63 as a proportionality safeguard on the Article 99 penalty regime and built worked fine calculations on that reading. That was wrong and has been removed.