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Certain derogations and exceptions exist for healthcare and research.
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National health authorities can define exceptions and derogations from certain obligations by means of national law.
Success can also require flexibility from authorities, as the preparation of some regional and traditional products may require the introduction of specific rules or derogations to allow certain traditional food production practices, while at the same time assuring the safety of the product – just as in the case of Croatia and Poland.
America still gets more than half of its electricity from coal, but only because many older plants have been "grandfathered", and so do not have to meet strict new emissions standards a derogation that is almost certain to be struck down at some point.
The relaxation in the use of hauliers to collect dead animals applies until midnight on 7 May, one week after the end of the derogation permitting burial in certain circumstances.
For Member States which have not yet adopted the euro (derogation or opt-out), certain Treaty provisions referring to the ESCB are not applicable, which means that the general Treaty reference to the ESCB in practice refers mainly to the Eurosystem.
During the Council negotiations, the UK succeeded in inserting a set of derogations allowing Member States not to apply certain provisions to specific categories of persons.3 Still, after having abstained in the decision-making, the United Kingdom brought an action for annulment against the Directive.
55 It is apparent from those provisions of the Berne Convention, read together, that, by way of derogation, it is permitted for national legislation to deny the principal director certain rights to exploit a cinematographic work, such as, in particular, the reproduction right and the right of communication to the public.
In the United Kingdom the breakdown of voluntary metrication in the mid-1970s coincided with the United Kingdom's obligations as part of the EEC to adopt the metric system, resulting in legislation to force metrication in certain areas and the Eurosceptic movement adopting an anti-metrication stance and the United Kingdom seeking a number of derogations from the relevant EEC directives.
The GDPR provides several exemptions and derogations for the use of health data, e.g. in the context of research or public health purposes under certain conditions.
Certain key convention rights – such as the prohibition against torture – nonetheless remain in place even if the secretary general of the Council of Europe has been informed in advance of a temporary derogation.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com