{
  "url": "https://openlegislation.uk/eu-regulation-2016-304/introduction",
  "json_url": "https://openlegislation.uk/eu-regulation-2016-304/introduction.json",
  "legislation": "eur/2016/304",
  "legislation_title": "Commission Implementing Regulation (EU) 2016/304 of 2 March 2016 entering a name in the register of traditional specialities guaranteed (Heumilch/Haymilk/Latte fieno/Lait de foin/Leche de heno (TSG))",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2016-304",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Implementing Regulation (EU) 2016/304\nof 2 March 2016\nentering a name in the register of traditional specialities guaranteed (Heumilch/Haymilk/Latte fieno/Lait de foin/Leche de heno (TSG))\nTHE EUROPEAN COMMISSION,\nHaving regard to the Treaty on the functioning of the European Union,\nHaving regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs, and in particular Article 15(1) and Article 52(3)(a) thereof,\nWhereas:\n(1)\nPursuant to Article 50(2)(b) of Regulation (EU) No 1151/2012, the application from Austria to register the names ‘Heumilch’/‘Haymilk’/‘Latte fieno’/‘Lait de foin’/‘Leche de heno’ was published in the Official Journal of the European Union .\n(2)\nOn 17 December 2014, the Commission received three notices of opposition from Germany (lodged by Naturland — Verband für ökologischen Landbau e.V., Gläeserne Molkerei GmbH and Bauernverband Mecklenburg-Vorpommern e.V.) which contained also the respective reasoned statements of opposition. On 30 December 2014, a notice of opposition was lodged directly to the Commission by the German association VHM (Verband für handwerkliche Milchverarbeitung im ökologischen Landbau e.V.). On 5 January 2015 Germany sent to the Commission another notice of opposition (lodged by Deutsche Heumilchgesellschaft mbH).\n(3)\nThe opposition procedure based on the notice sent directly to the Commission by VHM was not initiated. According to Article 51(1), second subparagraph, of Regulation (EU) No 1151/2012, natural or legal persons having a legitimate interest, established or resident in a Member State other than that from which the application was submitted, may lodge a notice of opposition with the Member State in which it is established. Therefore, VHM was not allowed to lodge a notice or a statement of opposition directly to the Commission.\n(4)\nThe opposition procedure based on the notice sent by Germany on 5 January 2015 was not initiated. According to Article 51(1), first subparagraph, of Regulation (EU) No 1151/2012, the lodging of a notice of opposition should be made within three months from the date of publication in the Official Journal of the European Union. The notice of opposition received on 5 January 2015 exceeded this deadline.\n(5)\nThe Commission examined the three oppositions sent by Germany on 17 December 2014 and found them admissible. By letter of 19 February 2015 it therefore invited the interested parties to engage in appropriate consultations to seek agreement among themselves in accordance with their internal procedures.\n(6)\nThe opposition based on the notice sent by Germany on 17 December 2014 with reference to the opposition lodged by Naturland — Verband für ökologischen Landbau e.V. was withdrawn.\n(7)\nThe deadline for consultation was extended for three additional months.\n(8)\nAustria and Germany reached an agreement, which was notified to the Commission on 10 August 2015.\n(9)\nAs it complies with the provisions of Regulation (EU) No 1151/2012 and Union legislation, the content of the agreement concluded between Austria and Germany should be taken into account.\n(10)\nSome details in the product specification have been modified. They concern the possibility to separate producer holdings into separate units, the inclusion of auxiliary forms of feed in the 75 % compulsory roughage to be calculated as an annual average, the permission to use green compost for fertilisation and a mitigation of the conditions for the production of moist hay, fermented hay and for the production and storage of silage.\n(11)\nThese elements do not constitute substantial amendments under Article 51(4) of Regulation (EU) No 1151/2012. Therefore, the modified product specification should not be published for opposition. It should be, however, annexed to this Regulation for due information.\n(12)\nThe agreement reached by the concerned parties also concludes that a two-year transitional period should be granted to the current producers of products bearing the names ‘Heumilch’/‘Haymilk’/‘Latte fieno’/‘Lait de foin’/‘Leche de heno’ in order to let them progressively conform to the product specification. In addition, the products not yet marketed at that date should be allowed to be put on the market until the stocks are exhausted.\n(13)\nThe Commission considers that the protection of traditional specialities guaranteed should be modulated taking into account the interest of producers and operators who have been lawfully using such names so far. Therefore, taking into account the abovementioned conclusions agreed by the parties and the objectives of Regulation (EU) No 1151/2012, on the basis of Article 15(1) of Regulation (EU) No 1151/2012, applicable by analogy also to traditional specialities guaranteed, a transitional period of two years for the producers to use the names ‘Heumilch’/‘Haymilk’/‘Latte fieno’/‘Lait de foin’/‘Leche de heno’ without complying with the product specification, combined with the authorisation to continue, after the two-year period has expired, to put on the market products not complying with the product specification until the stocks are exhausted, should be granted with the view to allowing progressive adaptation to the product specification. Such products should however not be marketed accompanied by the indication ‘traditional speciality guaranteed’, the abbreviation ‘TSG’ nor the associated Union symbol.\n(14)\nIn the light of the above, the names ‘Heumilch’/‘Haymilk’/‘Latte fieno’/‘Lait de foin’/‘Leche de heno’ should be entered in the ‘register of traditional specialities guaranteed’.\n(15)\nThe measures provided for in this Regulation are in accordance with the opinion of the Agricultural Product Quality Policy Committee,\nHAS ADOPTED THIS REGULATION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 343, 14.12.2012, p. 1."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ C 340, 30.9.2014, p. 6."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2016/304/introduction",
    "retrieved_at": "2026-11-01T14:46:01.878633+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}