DESIGNATIONS OF ORIGIN WITHIN THE EU: LEGAL CHALLENGES 37 gain ground in the overhaul of the 1992 Common Agricultural Policy. It was then that the designations of origin and geographical indications were integrated into European Law, quickly becoming the cornerstone of the quality-oriented food production in the European Union. Notwithstanding, it should be pointed out that in dealing with the legal concept of DOs, two elements appear to be at odds with each other: for one, that legal status has been garnering increasing support and standing in Europe ever since the EU began regulating it in 1992; however, its regulation has raised many concerns, casting some doubt as to the viability and establishment of these geographical designations. We will start with their legal categorisation, explaining how the designations of origin are conceptually pigeonholed from a legal perspective. In a short essay published over a decade ago, French Professor Norbert Olszak asserted that the designation of origin was “a little odd”, explaining that it resisted being fitted into our “preconceived legal moulds”. It should be noted that, although its legal status is unquestionably unique, Professor Olszak did not hesitate to reiterate that designations of origin are “highly appreciated”6. It is undeniable that their nature, legal implications and regulation differ across sectors. Note that the current Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality systems for agricultural products and foodstuffs7 stands alongside remarkable peculiarities governing wine designations of origin, provided for by an exceptional legal framework (presently integrated in Regulation (EU) No 1308/2013 of 17 December8). Lately, other norms have been approved in other areas governed by peculiar quality systems, for instance, Regulation No 110/2008 of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (ECC) No 1576/899 and Regulation (EU) No 251/2014 of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601/9110 were passed. The international context has added to the conceptual uncertainty of designations of origin. However, this article will not delve in the theoretical contributions made by the Paris (1883) and Madrid (1891) Conventions, the Lisbon Agreement (ALDO, 1958), the Geneva Act (2015) and the Agreement 6 OLSZAK, N. (2006). “L’appellation d’origine, un bien sublime?”, Études offertes au doyen Philippe Simler, Dalloz-Litec, París, pp. 777-788. 7 DOUE L 343, of 14 December 2012. 8 DOUE L 364, of 20 December 2013. 9 DOUE L 39, of 13 December 2008. 10 DOUE L 84, of 20 March 2014.
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