Sustainable Tourism Law

APPELLATIONS OF ORIGIN IN TOURISM 509 specificities of this product. Among its distinctive characteristics, it is required that the differentiating qualities of the product are the result of certain natural and human factors of a territory. According to Ceballos (2017), the appellations of origin individualise the product and they guarantee its quality through the harmonious confluence of raw materials and the cultivation, processing and production processes of a territory. On a theoretical level, several essential elements are recognized that distinguish appellations of origin from other similar legal institutions (cf. Ceballos, 2017). These are shown as follows: 1) They consist of a geographical name, which is used to identify the product with a specific territory. This component may be subject to exceptions in cases where the name has a prestigious reputation in the market and has been used repeatedly over time. Some examples of these exceptions are Cava, Mansanilla and Vinho Verde. 2) They concern products in which the degree of exclusivity and the link between their qualities and their place of origin can be objectively established. For this reason, the AOare increasingly becoming an instrument for disseminating the product, but especially the cultural heritage of the territory. This circumstance has implications for the tourism sector and for local development, which will be analysed below. 3) The existence of the so-called “first link”, that is, how the product comes from the geographical location under whose name it is designated.This component requires the product to come from the area covered by the designation of origin. The zoning of the AO is one of the fundamental steps for its constitution since, on the one hand, it must consider objective environment elements (e.g. type of soil, climate, cultivation techniques, etc.); and on the other hand, it will make it possible to establish the number of operators who will be entitled to use it. 4) The quality of the product is essentially the result of natural and human factors present in that territory. 5) The connection between the product, its quality and its geographical origin is widely known, prior to the implementation of legal protection. 6) They generate an exclusive right of use in favour of all the producers based in the region that comply with the established requirements. Similarly, in the European legal sphere, Article 5.1 of Regulation 1151/2012 lays down three requirements for appellation of origin. They are:

RkJQdWJsaXNoZXIy NzgyNzEy