1. 5. 97 Official Journal of the European Communities No L 114/45 (Acts whose publication is nor obligarory) COMMISSION 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 produc- tion and placing on the market of whole milk, heat- treated milk and milk-based products ('), as last amended by Council Directive 96/23/EC (%), 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 auth- orizing Member States to grant individual or general de- rogations from certain provisions of that Directive; Whereas Commission Decision 96/536/EC (%) authorizes Member States to grant derogations from certain provi- sions 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, further- more, 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Member States grant individual or general derogations authorized under Article 8 (2) of Directive 92/46/EEC should not be published; () O] No L 268, 14. 9. 1992, p. 1. () OJ No L 125, 23. 5. 1996, p. 10. () O] No L 230, 11. 9. 1996, p. 12. 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 Regula- tion (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (*), as last amended by Regulation (EC) No 535/97 ¢%); Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION: Article 1 The text of Decision 96/536/EC is replaced by the follow- ing: ‘Article 1 For the purposes of Article 8 (2) of Directive 92/46/EEC and of this Decision, mitk-based products with traditional characteristics shall mean milk-based products which are: () OJ No L 208, 24. 7. 1992, p. 1. () OF No L 83, 25. 3. 1997, p. 3.