The European Commission has decided to formally request Spain to change certain rules and commercial practices concerning organic farming.

Some products that do not come from organic farming are marketed in Spain using the term "bio" and this is not in conformity with EU rules on organic farming. The request is in the form of a reasoned opinion, the second stage of the infringement procedure provided for in article 226 of the EC Treaty. If there is no satisfactory response to the reasoned opinion within two months, the Commission may refer the case to the Court of Justice.

The Commission received information according to which products that do not come from organic farming are marketed in Spain under a number of trademarks all of which include the term "bio". A few examples of this practice provided to the Commission are: Bio Danone, Bio Calcio-Nestlé, Biosan. The Commission received also the text of Decreto Foral 212/2000 of 12 June 2000 (Autonomous Community of Navarre) which authorises the term "bio" for milk products for which use of the term is customary and continuous. Furthermore, in May 2001 Royal Decree 506/2001 was adopted. It is clear from its preamble that use of the term "bio" is permitted to designate products that do not derive from organic farming.

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