97/284/EC: Commission Decision of 25 April 1997 replacing Commission Decision 96/536/EC 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

COMMISSION DECISION of 25 April 1997 replacing Commission Decision 96/536/EC 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 (97/284/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 whole milk, heat-treated milk and milk-based products (1), as last amended by Council Directive 96/23/EC (2), and in particular Article 8 (2) thereof;
Whereas the first subparagraph of Article 8 (2) of Council Directive 92/46/EEC provides for the possibility of authorizing Member States to grant individual or general derogations from certain provisions of that Directive;
Whereas Commission Decision 96/536/EC (3) authorizes Member States to grant derogations from certain provisions of Article 7 (A) (1) to (4) of Directive 92/46/EEC and defines the nature of those derogations;
Whereas the text of the abovementioned Decision must be adapted in order to make it clearer; whereas, furthermore, a list of milk-based products for which Member States grant individual or general derogations authorized under Article 8 (2) of Directive 92/46/EEC should not be published;
Whereas the fact that a Member State grants a derogation under Decision 96/536/EC does not confer upon the producers of the products concerned the right to market them using a designation reserved under Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (4), as last amended by Regulation (EC) No 535/97 (5);
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,