1996D0536 — EN — 28.04.1997 — 001.001 — 1
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►B COMMISSION DECISION
of 29 July 1996
establishing the list of milk-based products in respect of which Member States are authorized to
grant individual or general derogations pursuant to Article 8 (2) of Directive 92/46/EEC and the
nature of the derogations applicable to the manufacture of such products
(Text with EEA relevance)
(96/536/EC)
(OJ L 230, 11.9.1996, p. 12)
Amended by:
Official Journal
No page date
►M1 Commission Decision 97/284/EC of 25 April 1997 L 114 45 1.5.1997
1996D0536 — EN — 28.04.1997 — 001.001 — 2
▼B
COMMISSION DECISION
of 29 July 1996
establishing the list of milk-based products in respect of which
Member States are authorized to grant individual or general dero-
gations pursuant to Article 8 (2) of Directive 92/46/EEC and thenature of the derogations applicable to the manufacture of such
products
(Text with EEA relevance)
(96/536/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 92/46/EEC of 16 June 1992 laying
down the health rules for the production and placing on the market of
raw milk, heat-treated milk and milk-based products (1), as last amended
by the Act of Accession of Austria, Finland and Sweden, and in particu-lar Article 8 (2) thereof,
Whereas Member States have transmitted to the Commission the list of
products in respect of which they are requesting application of the firstsubparagraph of Article 8 (2) of the above Directive, and the nature of
the derogations requested;
Whereas for the purposes of this Decision it is necessary to define the
term milk-based products with traditional characteristics as used in Arti-cle 8 (2) of Directive 92/46/EEC;
Whereas certain requirements of that Directive are likely to affect the
production of such milk-based products with traditional characteristics;
Whereas, given the diverse nature of the derogations provided for in
Article 8 (2) of that Directive, it is necessary to set general or specificconditions applicable to each product with due regard to public health
risks;
Whereas the derogations requested by Member States are from rules
relating to raw milk, materials coming into contact with products, ripen-ing cellars and finished products;
Whereas the measures provided for in this Decision are in accordance
with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
▼M1
Article 1
For the purposes of Article 8 (2) of Directive 92/46/EEC and of this
Decision, milk-based products with traditional characteristics shall
mean milk-based products which are:
— recognized historically, or— manufactured according to technical references or production meth-
ods codified or registered in the Member State in which they are
traditionally manufactured, or
— protected by a national, regional or local law in the Member State
in which they are traditionally manufactured.
Article 2
Member States are hereby authorised to grant to establishments manu-
facturing certain milk-based products with traditional characteristics as
(1) OJ No L 268, 14. 9. 1992, p. 1.
1996D0536 — EN — 28.04.1997 — 001.001 — 3
▼M1
defined in Article 1 individual or general derogations from the require-
ments set out:
(a) in Annex B, Chapter I, point 6 and Annex C, Chapter III, point 2 to
Directive 92/46/EEC as regards the nature of the materials compos-
ing the instruments and the equipment specific to the preparation,packaging and wrapping of these products;
such instruments and equipment must, however, be constantly
maintained in a satisfactory state of cleanness and be regularly
cleaned and disinfected;
(b) in Annex B, Chapter I, point 2 (a), (b), (c) and (d) to Directive 92/
46/EEC as regards ripening cellars or rooms for such products;
such ripening cellars or rooms may comprise natural geological
walls and walls, floors, ceilings and doors that are not smooth,impermeable, durable, covered with a light-coloured coating or ofnon-corrodible material. The frequency and nature of cleaning anddisinfecting measures in such cellars and rooms will be adjusted to
this type of activity in order to take account of their specific ambi-
ent flora.