Wine Law

12 relevant influence of the environment. Indeed, this is a fundamental factor and exceptionally illustrative. Having said that, we should not deny all credit to those that claim that the distinction between designations of origin and geographical indications is highly inappropriate, as currently regulated, given the fact that there are no major or relevant differences between them. It might be worth remembering that European law (article 5.3 of horizontal Regulation) brings in a fairly great tolerance towards designations of origin which make use of raw materials from outside of their geographical area. Nor should we dismiss 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 very same approval and protection procedures are applied to both notions, designations and indications. No wonder then that it has 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, some scholars (López Benítez) have deemed the distinction as “absurd”, as, in effect, it “serves no purpose” 20 . In stark contrast, Professor Maroño Gargallo wonders whether there is any merit in this homogenisation of types and affirms stressing the convenience of this differentiation for consumers, who demand reliable information from markets 21 . I, for one, believe it is advisable to draw attention to the appeal that such binary concept may show, for all stakeholders, be it consumers, producers, processors and rural areas at large. Unquestionably, the paths towards institution and the subsequent frameworks of both designations show no divergence. It is also unquestionable, and here lies the fairly marked contrast, that 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 2 nd introductory statement to the Regulation — arising from the granting of a less stringent geographical indication; basically, as long as the importation of raw materials, or some of them, is 20 This the view of LÓPEZ BENÍTEZ, in Del Estatuto del vino a las leyes del vino: un panorama actual y de futuro de la ordenación vitivinícola en España , Civitas, Madrid, 2004, pp. 113-114. 21 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.