By way of derogation from


Senior Member
By way of derogation from Articles 5 and 6, a Member State may provide that a person who has passed a university or equivalent examination or holds a university degree or equivalent qualification in one or more of the subjects referred to in Article 6 may be exempted from the test of theoretical knowledge in the subjects covered by that examination or degree.
What is meant by "By way of derogation from" please?
EUR-Lex - 31981L0576 - EN - EUR-Lex
  • e2efour

    Senior Member
    UK English
    In a contract there can be a provision called derogation. Through, using or as a result of this provision, a signatory to the contract (here a member state) can avoid some of the obligations otherwise laid down in the contract.

    In effect, the member state can then decide that a particular provision does not apply to it


    Senior Member
    British English
    This meaning of "derogate" from the WR dictionary:
    to curtail the application of (a law or regulation)
    Articles 5 and 6 make some requirement for a test of theoretical knowledge. A State may make a provision for exempting the holder of a suitable degree from taking the test. The State's provision to do so is a derogation from Articles 5 and 6 - the State will not do what the Articles say.