Zappalaglio, A. (2021). The transformation of EU geographical indications law: the present, past and future of the origin link.

The discussion surrounding Protected Geographical Indication (PGI) emphasizes the significance of a product's market reputation tied to a specific place in consumers' perceptions, a concept that doesn't necessarily demand a physical or natural connection to that locale [1]. This underscores the importance of historical elements and traditional production methods in establishing the origin link for PGI goods, even in the absence of a direct physical connection to their place of origin [2]. In the context of the EU quality schemes, historical elements emerge as pivotal in the GI regime, encompassing the product's history, traditional know-how, and socio-economic impact.

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Both PDO and PGI schemes place a premium on the historical element, albeit serving different purposes: validating reputational links in PGI and delineating the human aspect in PDO. The success of the historical element lies in its intrinsic role in origin links, as recognized by EU regulations and academic discourse. However, while the product's history typically forms a valid basis for the origin link, it may not always suffice independently, as evidenced by practical cases necessitating nuanced considerations. To enhance the efficacy of the origin link within the EU GI regime, policy recommendations underscore the preservation of the unique origin function of sui generis GIs. Notably, history and terroir emerge as interconnected concepts within PDO and PGI specifications, with terroir elucidating the physical bond between a product and its geographical origin while history delineates the connection between a human community and a specific place.

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Terroir, encompassing natural and human factors, transcends mere geography to encompass culture, tradition, and heritage. Its evolution to include social and cultural elements underscores its role as a social construct, influencing legal definitions and policies. Origin products, crafted through local production strategies tailored to environmental and community needs, underscore the symbiotic relationship between human interaction and geographical terrain in shaping terroir and origin products. By delving into history, one can elucidate the intricate relationship between a place and its people, with concrete interactions serving as tangible proof rather than abstract notions. The emphasis on the human aspect of terroir by institutions like the French INAO underscores the systemic interactions between the environment and human factors within terroir. Leading scholars advocate that origin products stem from enduring local production strategies, wherein history serves as a lens through which to understand a product's provenance and production methods.

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The interconnectedness of history, geography, and farming underscores the cohesive narrative of a product's heritage and its connection to a specific locale. Whether examining renowned products with humble beginnings or delving into the historical intricacies of a quintessential example like Gruyere cheese, history emerges as the linchpin that imbues products with their unique characteristics and solidifies their ties to a particular place. The Gruyere Case Study underscores the pivotal role of history in establishing connections between products and their origins, particularly evident in PGI goods lacking a terroir link. This reliance on historical narratives is exemplified in the selection of three product classes with weak environmental ties, including pasta, baker’s wares, and cured meat. Pasta varieties like Pizzoccheri della Valtellina from Italy and Schw?bische Sp?tzle from Germany are steeped in historical significance, reflecting socio-economic conditions and culinary traditions. The evolution of these pastas, intertwined with local histories, exemplifies how historical context shapes culinary innovations and cultural identities.

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Similarly, baker’s wares like Bremer Klaben from Germany and Panforte di Siena from Italy trace their origins to specific locales, with documented histories dating back centuries. These confections not only showcase regional flavors but also embody the cultural heritage and trade dynamics of their respective regions. Cured meats like Newmarket Sausage from the UK and Salame Felino from Italy maintain traditional recipes and methods, serving as tangible links to their historical roots. These products are emblematic of their localities, reflecting enduring culinary traditions shaped by socio-cultural and economic factors. To establish the historical link between a product and its place of origin, concrete evidence is imperative, akin to the scrutiny applied to terroir. Historical evidence must not only demonstrate continuity between ancient practices and contemporary features but also elucidate the societal, cultural, and economic contexts in which the product emerged.

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This rigorous approach necessitates collaboration between historians, ethnologists, and food scholars to ensure authentic representations devoid of romanticized reconstructions. While folklore and legends may offer insights, reliance solely on such narratives may not suffice to substantiate origin claims. Instead, emphasis should be placed on verifiable written sources dating from the 18th century onwards, supported by archival documentation and public records. Historical evidence serves as the cornerstone of origin claims, providing a tangible link between products and their geographical, social, and cultural contexts. By delving into the rich tapestry of culinary history, we can unravel the intricate connections between food, place, and identity, enriching our understanding of gastronomic heritage and cultural diversity. The inclusion of historical evidence in establishing Geographical Indications (GIs) is paramount, as demonstrated by examples such as mentions in wills and city council resolutions for products like 'Pizzoccheri della Valtellina' and 'Bremer Klaben.' This emphasis on proper historical documentation serves to bolster the credibility of the GI system, safeguarding against the proliferation of mere marketing ploys.

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Various literary sources, ranging from newspapers to history books, serve as repositories of historical mentions, offering invaluable insights into the origins and evolution of products. For instance, historical references found in old newspapers contribute to substantiating a product's existence, while recipes provide evidence of continuity between past and present iterations, as exemplified by the case of Newmarket sausage. In evaluating the historical authenticity of origin claims, it is imperative to scrutinize the veracity of historical narratives, guarding against the pitfalls of invented or exaggerated histories that may lead to the propagation of false traditions. The absence of genuine connections to local tradition precludes a product from being deemed an origin product, underscoring the importance of ensuring a tangible link between a product and its place of origin.

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While critics contend that GIs can be exploited to promote fabricated traditions for marketing purposes, practical evidence can reinforce the historical veracity of origin products. International examples like UNESCO-protected Champagne and Piedmont vineyards underscore the significance of historical and cultural links in delineating authentic origin claims. Amidst debates surrounding the role of tradition in marketing, scholars like Broude caution against the uncritical appropriation of tradition as a mere marketing tool divorced from a product's true historical lineage. For instance, the evolution of Champagne from still wines to sparkling varieties underscores how economic imperatives have shaped its trajectory, challenging romanticized notions of tradition.

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Moreover, the industrialization of GI products like Champagne raises concerns about the preservation of traditional production methods in the face of mass production. Nevertheless, it is crucial to recognize that tradition evolves in tandem with community innovations, as evidenced by Champagne's ongoing development, underscoring the dynamic nature of culinary heritage. The historical link between a product and its place of origin serves as the bedrock of Geographical Indications, necessitating a rigorous interrogation of historical evidence to safeguard against the distortion of culinary traditions and ensure the authenticity of origin claims in an evolving gastronomic landscape.

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The UNESCO Certification serves as a testament to Champagne's enduring connection to its origins, backed by both historical evidence and international recognition. However, this connection can sometimes be muddled by the blurred lines between genuine tradition and historical distortion, presenting a challenge for discernment. For instance, the evolution of Lardo di Colonnata from a humble worker's snack to a prized gourmet item illustrates how historical evolution can coexist with maintaining links to its origins. Criticism from scholars like Broude and Hughes underscores the necessity for solid historical evidence to justify geographical indication (GI) status, as seen in the case of Mexican Tequila. While Tequila's modern production methods diverge from its traditional roots, raising doubts about its GI status, the exclusion of traditional agave producers further distorts its historical authenticity.

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In assessing a product's eligibility for GI status, the importance of genuine historical links cannot be overstated. Even with a strong market reputation, a product must reflect its historical lineage to be considered an origin product, as emphasized through practical EU cases. These examples shed light on instances where improper use of history in GI claims has led to negative outcomes, underscoring the need for vigilance in maintaining the integrity of GI products. Examining problematic scenarios reveals the complexities inherent in protecting traditional products amidst evolving production methods. The case of 'Piadina Romagnola PGI' in Italy exemplifies this, where industrial production methods diverged from traditional expectations. Although initially challenged by small-scale producers and the Slow Food association, the higher court's ruling favored industrial methods, emphasizing the equivalence of industrial and artisanal products.

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This decision, though controversial, underscores the courts' recognition of consumer association with the product's region rather than its production methods. However, it overlooks the unique historical reputation of the traditional artisanal version, raising questions about the legitimacy of the industrial version as an origin product. Such complexities highlight the nuanced interplay between historical authenticity and modern production practices in safeguarding traditional products. The EU's Geographical Indication (GI) system distinguishes between Protected Designation of Origin (PDO) and Protected Geographical Indication (PGI) products, each with specific criteria regarding production location. PDO products must be entirely made within their origin area, while PGI products require only one production step to occur in the designated area, allowing for more flexibility. However, this flexibility in sourcing raw materials, as seen in France's allowance of Algerian milk for Roquefort cheese, can lead to issues such as using unrelated raw materials, which can mislead consumers.

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For instance, Bresaola della Valtellina PGI, despite its strong reputation linked to Valtellina, uses South American zebu meat, which misleads consumers and can result in consumer distrust and confusion regarding origin and quality. This highlights the distinction between quality and origin, as a product's reputation can suffer if its raw materials are unrelated to its traditional manufacturing location. Furthermore, some products source raw materials from excessively broad areas, compromising their true origin status. The examples of Lardo di Colonnata PGI and Parma Ham PDO illustrate how expanded sourcing areas can affect a product's origin credibility, undermining the integrity of the GI label. Despite legal protections, broad sourcing areas continue to pose credibility issues, as consumers generally expect raw materials to originate from areas related to the product's manufacturing location.

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Additionally, the historical reputation of a product often diverges from its current iteration, as seen in examples like Volaille de Bresse PGI. Although marketed based on historical events and market reputation, the current product may differ significantly from its traditional version, weakening its historical connection and potentially harming the function of GIs. To address these challenges, policy prescriptions advocate for including both qualitative terroir factors and reputational links in product specifications to strengthen the origin link. Accurate representation of products based on reputation and history is crucial, supported by historical evidence to avoid weak GIs. By adopting a narrow interpretation of the reputational link, the registration of weak GIs can be prevented, preserving the authenticity and integrity of origin-linked products within the EU GI regime.

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The intricate nature of Geographical Indication (GI) specifications renders a universal solution impractical, acknowledging the practical nuances inherent in these regulations. As the EU embarks on reforming its system for protecting GIs, the aim is to streamline the registration process, including stricter checks to prevent errors, aligning with both EU and member state procedures. However, challenges arise regarding the term "manifest error," with varying interpretations across member states, potentially impacting the consistency of the GI system throughout the EU. While these reforms may expedite processes, there's a concern over potential compromises in consistency, as the reform might curtail the EU Commission's role, potentially affecting uniformity. Moreover, the chapter delves into whether a product's history can serve as a valid basis for its origin link, akin to the concept of terroir, supported by concrete evidence. Nevertheless, it underscores that historical elements alone may not suffice, as they could be ambiguous or disconnected from the current product iteration, where production methods or raw materials might diverge from historical practices.

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Practical cases illustrate significant discrepancies between products and their historical counterparts, complicating the establishment of a valid origin link. To preserve the origin function of GIs, policy suggestions advocate for a narrow interpretation of linking factors, cautioning against reliance solely on consumer perception or market reputation. The analysis of the EU's GI regime for agricultural products concludes by emphasizing the importance of the origin link, setting the stage for exploring the system's future, including its potential extension to non-agricultural products. In summary, while historical elements can substantiate origin links, the complexities of GI specifications necessitate nuanced approaches, rejecting a one-size-fits-all strategy. This underscores the multifaceted nature of GI regulations and the ongoing efforts to balance tradition, authenticity, and regulatory efficiency within the EU framework.