OpenLegislation

Article 87 Additional optional reserved termsC1

United Kingdom

Original text. Later amendments are not shown.

1.

A term shall be eligible to be reserved as an additional optional reserved term only if it fulfils all of the following requirements:

(a)

the term relates to a characteristic of a product or to a farming or processing attribute and relates to a sector or product;

(b)

the use of the term enables clearer communication of the added value of the product by its specific characteristics or farming or processing attributes;

(c)

when the product is placed on the market, the characteristic or attribute referred to in point (a) is identifiable by consumers F1...;

(d)

the conditions and use of the term are in conformity with F2... Regulation (EU) No 1169/2011.

When introducing an additional optional reserved term, the F3appropriate authority in England, Wales or Scotland shall take account of any relevant international standard and of the existing reserved terms for the products or sectors involved.

2.

In order to take the characteristics of certain sectors as well as consumer expectations into account, the F4appropriate authority in England, Wales or Scotland may make regulations laying down further details on the requirements for the introduction of an additional reserved term, as referred to in paragraph 1 of this Article.

Annotations

Textual amendments

F1

Words in Art. 87(1)(c) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 30(a); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in Art. 87(1)(d) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 30(b); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in Art. 87(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 30(c) (as amended by S.I. 2020/1453, reg. 9(10)); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in Art. 87(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 24 (as amended by S.I. 2020/1453, reg. 12(9)); 2020 c. 1, Sch. 5 para. 1(1)

Modifications

C1

Pt. 2 Title 2 Ch. 1 Section 1 applied (with modifications) (N.I.) (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 4(a), Sch. 1 (with regs. 7, 8)