44 WINE LAW takes place in the place, region or country the indication is named after, the production of the raw material being carried out somewhere else – or in the same location, but being unable to prove any relevant influence of the environment. Indeed, this is a fundamental factor and exceptionally illustrative. Nevertheless, those that claim that the distinction between designations of origin and geographical indications, as currently regulated, is highly inappropriate should not be discredited, given that there are no major or relevant differences between them. It might be worth remembering that European law [art. 5(3) of horizontal Regulation] provides a fairly great tolerance towards designations of origin that make use of raw materials from outside of their geographical area. Moreover, it should not be dismissed the fact that indications might eventually be forced to use raw materials from the geographical area defined – and justifiably so. On top of that, the same approval and protection procedures are applied to both notions, designations and indications; no wonder that it has been pointed out that it would have been more sensitive to regulate one of them in such a fashion that both would be covered. In this regard, scholars such as López Benítez have deemed the distinction as “absurd”, as, in effect, it “serves no purpose”21. In stark contrast, Professor Maroño Gargallo wonders whether there is any merit in this homogenisation of types and stresses the convenience of this differentiation for consumers, who demand reliable information from markets22. It is advisable to draw attention to the appeal that such binary concept may show for all stakeholders, be it consumers, producers, processors and the rural population as a whole. Unquestionably, the paths towards the institution and the subsequent frameworks of both designations show no divergence. Furthermore (and here lies the fairly marked contrast), certain products do not meet the requirements to be granted a rigorous and demanding designation of origin status while qualifying for the advantages – “for the sake of their profitability”, as stated by the second introductory statement to the Regulation –, arising from the granting of a less stringent geographical indication; basically, as long as the importation of at least some raw materials is allowed23. In short, the actual 21 LÓPEZ BENÍTEZ, M. (2004). Del Estatuto del vino a las leyes del vino: un panorama actual y de futuro de la ordenación vitivinícola en España, Civitas, Madrid, pp. 113-114. 22 MAROÑO GARGALLO, M. M. (2002). La protección jurídica de las denominaciones de origen en los Derechos español y comunitario, Madrid-Barcelona, Marcial Pons, p. 229. 23 For example, the morcilla de Burgos, which has been recently recognised as a geographical indication (pursuant to Commission Implementing Regulation 2018/1214 of 29 August 2018, DOUE L 224, of 5 September 2018), is a local produce, boasting a long-standing tradition and popularity, in which the human factor has been, no doubt, decisive. However, one of the characteristic ingredients in it is rice, which must be brought from other regions. Accordingly, and despite having its path to designation of origin status
RkJQdWJsaXNoZXIy MTE4NzM5Nw==