DESIGNATIONS OF ORIGIN WITHIN THE EU: LEGAL CHALLENGES 43 2.2.1. NON-WINE GEOGRAPHICAL INDICATIONS At present, in European law, the geographical indication for agricultural products and foodstuffs other than wine is defined in article 5(2) of the 2012 Regulation (some minor corrections have been made since the original 1992 version was passed) as follows: “a name which identifies a product: (a) originating in a specific place, region or country; (b) whose given quality, reputation or other characteristic is essentially attributable to its geographical origin; and (c) at least one of the production steps of which take place in the defined geographical area”. The tweaks made to the previous 2006 version run very much along the same lines as those made to the designation of origin concept in the same Regulation: 1) unlike previous regulations, the reference to “agricultural product” or “foodstuff” as part of the scope has been omitted (discussed further below); 2) the country as one of the qualifying geographical elements is no longer exceptional (a circumstance that, as mentioned, remains in the current text for DOs); 3) it is now required that the product’s quality, standing or characteristic be attributed “essentially” to its geographical origin; and 4) in a more measured fashion, the requirement that only one of the production stages must necessarily take place in the geographical area of the indication is drafted. Therefore, the distinction between designations of origin and geographical indications is far from being self-explanatory, at least in practice. It should be considered the criteria that can be deduced from this piece of legislation, bearing in mind that, for both notions, the quality of the product is attributable to the geographical location, the name of which is used in its designation. The relevant differentiating factor – and a sharp one indeed – between DOs and GIs appears to be in the respective paragraphs c) of the definitions provided: the location within the geographical environment considered of the various stages of production. Accordingly, this circumstance may set both notions apart as the inclusion of the “origin” is somewhat vague for the latter. The designations would, therefore, require that all production steps (production – meaning the collection of raw material –, processing or preparation) take place in the geographical environment protected by the designation, whereas any of the production steps happening in the area would suffice for the indication to qualify. It might be relatively frequent that only the processing or preparation
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