Sustainable Tourism Law

510 SUSTAINABLE TOURISM LAW “1. For the purpose of this Regulation, “designation of origin” is a name which identifies a product: (a) Originating in a specific place, region or, in exceptional cases, a country; (b) Whose quality or characteristics are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors; and (c) The production steps of which all take place in the defined geographical area”. Thus, and in line with Montero’s (2016) argument, the fundamental aspect for an AO is the presence of a close link between the product and the geographical area, which is verified through the three criteria previously stated. However, the third paragraph of Article 5 itself provides an exception from the place of origin criterion for raw materials, namely, live animals, meat and milk. Thus, those cases may be recognized with an appellation of origin that: “3. Notwithstanding paragraph 1, certain names shall be treated as designations of origin even though the raw materials for the products concerned come from a geographical area larger than, or different from, the defined geographical area, provided that: (a) The production area of the raw materials is defined; (b) Special conditions for the production of the raw materials exist; (c) There are control arrangements to ensure that the conditions referred to in point (b) are adhered to; and (d) The designations of origin in question were recognised as designations of origin in the country of origin before 1 May 2004”. With respect to the legal nature of this institution, it has been fundamentally attributed to the sphere of Commercial Law, both in its subjective aspect – goods that allow its owners to develop their business activity, and in its objective aspect – elements that make up the company, in its condition as a complex business asset. At the same time, and remaining in the iusprivatista sphere, it is recognized as being closely linked to the property, given its exclusive nature and the possibility it confers to prevent unauthorized use by third parties. To conclude this section, it is essential to stress that the basis of the AO, in line with the preponderance of the private component of its legal nature, is found in the agreement of the operators interested in it in a given territory. This agreement usually includes the characteristics of the production and the product. Once established, it will be the corresponding Administration that will verify the