Wine Law

DESIGNATIONS OF ORIGIN WITHIN THE EU: LEGAL CHALLENGES 45 application of the norm, giving rise to countless indications, is conclusive evidence of the convenience of the differentiation. Regarding this differentiation, it might be worth noting that the scope that each may exhibit could decisively set them apart, which would also delineate more sharply the connection of each of them with the geographical origin. It will suffice to say for now that the European Commission has been, for quite some time, mooting that geographical indications (taken as a vague notion comprising the two types we have been discussing) should not be confined to agricultural products. In the 2014 Green Paper entitled Making the most out of Europe’s traditional know-how: a possible extension of geographical indication protection of the European Union to non-agricultural products24, it is proposed that “a GI may also highlight specific qualities of a product that are due to human factors found in the product’s place of origin, such as specific manufacturing skills and traditions”, citing “handicrafts, which are generally handmade using local natural resources and usually embedded in the traditions of local communities”. Through this approach, it remains a certain local connection with the product – which justifies the legal protection –, albeit without all ingredients being locally grown. While the Commission does not reject this connection, it shows a pragmatic attitude in recognising that the product’s peculiar elements may not relate to the “place of origin”. This approach would require reforming the basic Regulation starting from its title and would streamline both legal acts more sharply, safeguarding the essence of designations of origin – which should be confined to agricultural products and foodstuffs, while geographical indications might well exert oversight over other products. 2.2.2. WINE GEOGRAPHICAL INDICATIONS It is necessary to briefly discuss the geographical indications in the wine industry, defined by a set of features that differ significantly from the ones discussed above. It is defined in article 93(1)(b) of the current Regulation No 1308/2013 as follows: “an indication referring to a region, a specific place or, in exceptional and duly justifiable cases, a country, used to describe a product referred to in Article 92(1) fulfilling the following requirements: (i) it possesses a specific quality, reputation or other characteristics attributable to that geographical origin; (ii) at least 85% of the grapes used for its production come blocked, it was able to be approved as a geographical indication, hopefully, for the benefit of producers and consumers alike. 24 COM (2014) 469 final, of 15 July 2014.

RkJQdWJsaXNoZXIy MTE4NzM5Nw==