Wine Law

13 allowed 22 . In short, I am of the opinion that, the actual 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, and that 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 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 products , released in 2014 23 , 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”. By means of 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 peculiar elements of the product 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, I will claim in advance, should be confined to agricultural products and foodstuffs, while geographical indications might well exert oversight over other products. 22 I feel personally compelled to illustrate the point by means of an example, the “morcilla de Burgos”, which has been recently recognised as geographical indication (pursuant to Regulation 2018/1214 of the Commission, of 29 August 2019 — DOUE L 224, of 5 September 2018). It 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 has to be brought from other regions. Because of this and despite having its path to designation of origin status blocked, it was able to be approved as geographical indication, hopefully, for the benefit of producers and consumers alike. 23 COM (2014) 469 final, of 15 July 2014.

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