Annexes to COM(2007)858 - Exploitation and marketing of natural mineral waters (Recast) - Main contents
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| dossier | COM(2007)858 - Exploitation and marketing of natural mineral waters (Recast). |
|---|---|
| document | COM(2007)858  |
| date | June 18, 2009 |
(5) OJ L 109, 6.5.2000, p. 29.
(6) OJ L 184, 17.7.1999, p. 23.
(7) OJ L 311, 28.11.2001, p. 67.
(8) OJ L 31, 1.2.2002, p. 1.
(9) OJ L 330, 5.12.1998, p. 32.
ANNEX I
I. DEFINITION
| 1. | ‘Natural mineral water’ means microbiologically wholesome water, within the meaning of Article 5, originating in an underground water table or deposit and emerging from a spring tapped at one or more natural or bore exits. Natural mineral water can be clearly distinguished from ordinary drinking water:
both characteristics having been preserved intact because of the underground origin of such water, which has been protected from all risk of pollution. |
| 2. | The characteristics referred to in point 1, which may give natural mineral water properties favourable to health, shall have been assessed:
The analyses referred to in point (a)(iv) of the first subparagraph may be optional where the water presents the compositional characteristics on the strength of which it was considered a natural mineral water in the Member State of origin prior to 17 July 1980. This is the case in particular when the water in question contains, per kg, both at source and after bottling, a minimum of 1 000 mg of total solids in solution or a minimum of 250 mg of free carbon dioxide. |
| 3. | The composition, temperature and other essential characteristics of natural mineral water shall remain stable within the limits of natural fluctuation; in particular, they shall not be affected by possible variations in the rate of flow. Within the meaning of Article 5(1), the normal viable colony count of natural mineral water means the reasonably constant total colony count at source before any treatment, the qualitative and quantitative composition of which, as taken into account in the recognition of that water, is checked by periodic analysis. |
II. REQUIREMENTS AND CRITERIA FOR APPLYING THE DEFINITION
1.1. Requirements for geological and hydrological surveys
There shall be a requirement to supply the following particulars:
| 1.1.1. | the exact site of the catchment with indication of its altitude, on a map with a scale of not more than 1:1 000; |
| 1.1.2. | a detailed geological report on the origin and nature of the terrain; |
| 1.1.3. | the stratigraphy of the hydrogeological layer; |
| 1.1.4. | a description of the catchment operations; |
| 1.1.5. | the demarcation of the area or details of other measures protecting the spring against pollution. |
1.2. Requirements for physical, chemical and physico-chemical surveys
These surveys shall establish:
| 1.2.1. | the rate of flow of the spring; |
| 1.2.2. | the temperature of the water at source and the ambient temperature; |
| 1.2.3. | the relationship between the nature of the terrain and the nature and type of minerals in the water; |
| 1.2.4. | the dry residues at 180 °C and 260 °C; |
| 1.2.5. | the electrical conductivity or resistivity, with the measurement temperature having to be specified; |
| 1.2.6. | the hydrogen ion concentration (pH); |
| 1.2.7. | the anions and cations; |
| 1.2.8. | the non-ionised elements; |
| 1.2.9. | the trace elements; |
| 1.2.10. | the radio-actinological properties at source; |
| 1.2.11. | where appropriate, the relative isotope levels of the constituent elements of water, oxygen (16O — 18O) and hydrogen (protium, deuterium, tritium); |
| 1.2.12. | the toxicity of certain constituent elements of the water, taking account of the limits laid down for each of them. |
1.3. Criteria for microbiological analyses at source
These analyses shall include:
| 1.3.1. | a demonstration of the absence of parasites and pathogenic micro-organisms; |
| 1.3.2. | a quantitative determination of the revivable colony count indicative of faecal contamination:
|
| 1.3.3. | determination of the revivable total colony count per ml of water:
|
1.4. Requirements for clinical and pharmacological analyses
| 1.4.1. | The analyses, which shall be carried out in accordance with scientifically recognised methods, shall be suited to the particular characteristics of the natural mineral water and its effects on the human organism, such as diuresis, gastric and intestinal functions, compensation for mineral deficiencies. |
| 1.4.2. | The establishment of the consistency and concordance of a substantial number of clinical observations may, if appropriate, take the place of the analyses referred to in point 1.4.1. Clinical analyses may, in appropriate cases, take the place of the analyses referred to in point 1.4.1 provided that the consistency and concordance of a substantial number of observations enable the same results to be obtained. |
III. SUPPLEMENTARY QUALIFICATIONS RELATING TO EFFERVESCENT NATURAL MINERAL WATERS
At source or after bottling, effervescent natural mineral waters give off carbon dioxide spontaneously and in a clearly visible manner under normal conditions of temperature and pressure. They fall into three categories to which the following reserved designations respectively shall apply:
| (a) | ‘naturally carbonated natural mineral water’ means water the carbon dioxide content of which from the spring after decanting, if any, and bottling is the same as at source, taking into account where appropriate the reintroduction of a quantity of carbon dioxide from the same water table or deposit equivalent to that released in the course of those operations and subject to the usual technical tolerances; |
| (b) | ‘natural mineral water fortified with gas from the spring’ means water the carbon dioxide content of which from the same water table or the same deposit after decanting, if any, and bottling is greater than that established at source; |
| (c) | ‘carbonated natural mineral water’ means water to which has been added carbon dioxide of an origin other than the water table or deposit from which the water comes. |
ANNEX II
CONDITIONS FOR EXPLOITATION AND MARKETING OF NATURAL MINERAL WATER
| 1. | Exploitation of a natural mineral water spring shall be subject to permission from the responsible authority of the country where the water has been extracted, after it has been established that the water in question complies with the provisions laid down in Annex I, Section I. |
| 2. | Equipment for exploiting the water shall be so installed as to avoid any possibility of contamination and to preserve the properties, corresponding to those ascribed to it, which the water possesses at source. To that end, in particular:
However, point (d) need not be applied to mineral waters extracted, exploited and marketed in the territory of a Member State if, in that Member State on 17 July 1980, transport of the natural mineral water in tanks from the spring to the bottling plant was authorised. Similarly, point (d) need not be applied to spring waters extracted, exploited and marketed in the territory of a Member State if, in that Member State on 13 December 1996, transport of the spring water in tanks from the spring to the bottling plant was authorised. |
| 3. | Where it is found during exploitation that the natural mineral water is polluted and no longer presents the microbiological characteristics laid down in Article 5, the person exploiting the spring shall forthwith suspend all exploitation, particularly the bottling process, until the cause of pollution is eradicated and the water complies with the provisions of Article 5. |
| 4. | The responsible authority in the country of origin shall carry out periodic checks to see whether:
|
ANNEX III
INDICATIONS AND CRITERIA LAID DOWN IN ARTICLE 9(2)
| Indications | Criteria |
| Low mineral content | Mineral salt content, calculated as a fixed residue, not greater than 500 mg/l |
| Very low mineral content | Mineral salt content, calculated as a fixed residue, not greater than 50 mg/l |
| Rich in mineral salts | Mineral salt content, calculated as a fixed residue, greater than 1 500 mg/l |
| Contains bicarbonate | Bicarbonate content greater than 600 mg/l |
| Contains sulphate | Sulphate content greater than 200 mg/l |
| Contains chloride | Chloride content greater than 200 mg/l |
| Contains calcium | Calcium content greater than 150 mg/l |
| Contains magnesium | Magnesium content greater than 50 mg/l |
| Contains fluoride | Fluoride content greater than 1 mg/l |
| Contains iron | Bivalent iron content greater than 1 mg/l |
| Acidic | Free carbon dioxide content greater than 250 mg/l |
| Contains sodium | Sodium content greater than 200 mg/l |
| Suitable for the preparation of infant food | — |
| Suitable for a low-sodium diet | Sodium content less than 20 mg/l |
| May be laxative | — |
| May be diuretic | — |
ANNEX IV
PART A
Repealed Directive with list of its successive amendments
(referred to in Article 16)
| Council Directive 80/777/EEC (OJ L 229, 30.8.1980, p. 1) | |
| Council Directive 80/1276/EEC (OJ L 375, 31.12.1980, p. 77). | Article 1, third indent only |
| Council Directive 85/7/EEC (OJ L 2, 3.1.1985, p. 22). | Article 1, point 10 only |
| Point B.1.(o) of Annex I to the 1985 Act of Accession (OJ L 302, 15.11.1985, p. 214). | |
| Directive 96/70/EC of the European Parliament and of the Council (OJ L 299, 23.11.1996, p. 26). | |
| Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1). | Annex III, point 4 only |
PART B
Time-limits for transposition into national law
(referred to in Article 16)
| Directive | Time-limit for transposition | Permission of trade in products complying with this Directive | Prohibition of trade in products not complying with this Directive |
| 80/777/EEC | — | 18 July 1982 | 18 July 1984 |
| 80/1276/EEC | — | — | — |
| 85/7/EEC | — | — | — |
| 96/70/EC | — | 28 October 1997 | 28 October 1998 (1) |
(1) However, trade in products placed on the market or labelled before the date and not conforming with this Directive may continue until stocks run out.
ANNEX V
CORRELATION TABLE
| Directive 80/777/EEC | This Directive |
| Article 1(1) | Article 1(1) |
| Article 1(2) | Article 1(2) |
| Article 1(3), first and second indents | Article 1(3), points (a) and (b) |
| Article 1(4) | Article 1(4) |
| Article 1(5) | Article 1(5) |
| Article 2 | Article 2 |
| Article 3 | Article 3 |
| Article 4(1), point (a) | Article 4(1), first subparagraph, point (a) |
| Article 4(1), point (b), first and second indents | Article 4(1), first subparagraph, points (b)(i) and (ii) |
| Article 4(1), point (c), first and second indents | Article 4(1), first subparagraph, points (c)(i) and (ii) |
| Article 4(1), point (d) | Article 4(1), first subparagraph, point (d) |
| — | Article 4(1), second subparagraph |
| Article 4(2) | Article 4(2) |
| Article 4(3) | Article 4(3) |
| Article 4(4) | Article 4(1), third subparagraph |
| Article 5(1) | Article 5(1) |
| Article 5(2) | Article 5(2) |
| Article 5(3), first and second indents | Article 5(3), points (a) and (b) |
| Article 6 | Article 6 |
| Article 7(1) | Article 7(1) |
| Article 7(2) | Article 7(2) |
| Article 7(2a) | Article 7(3) |
| Article 8 | Article 8 |
| Article 9(1) | Article 9(1) |
| Article 9(2), points (a), (b) and (c) | Article 9(2), first, second and third subparagraphs |
| Article 9(3) | Article 9(3) |
| Article 9(4) | — |
| Article 9(4a), first subparagraph, first to fourth indents | Article 9(4), first subparagraph, points (a) to (d) |
| Article 9(4a), second subparagraph | Article 9(4), second subparagraph |
| Article 9(4b) | Article 9(5) |
| Article 10(1) | Article 10 |
| Article 10a | Article 11 |
| Article 11(1), first to fourth indents | Article 12, points (a) to (d) |
| Article 11(2), first and second indents | Article 12, points (e) and (f) |
| Article 11a | Article 13 |
| Article 12(1) | Article 14(1) |
| Article 12(2) | Article 14(2) and (3) |
| Article 12(3) | — |
| Article 13 | — |
| Article 14 | Article 15 |
| Article 15 | — |
| Article 16 | — |
| — | Article 16 |
| — | Article 17 |
| Article 17 | Article 18 |
| Annex I, part I, point 1 | Annex I, part I, point 1 |
| Annex I, part I, point 2, first paragraph, points (a)(1) to (4) | Annex I, part I, point 2, first paragraph, points (a)(i) to (iv) |
| Annex I, part I, point 2, first paragraph, point (b) | Annex I, part I, point 2, first paragraph, point (b) |
| Annex I, part I, point 2, first paragraph, point (c) | Annex I, part I, point 2, first paragraph, point (c) |
| Annex I, part I, point 2, second paragraph | Annex I, part I, point 2, second paragraph |
| Annex I, part I, point 3 | Annex I, part I, point 3 |
| Annex I, part II, point 1.1 | Annex I, part II, point 1.1 |
| Annex I, part II, point 1.2 | Annex I, part II, point 1.2 |
| Annex I, part II, point 1.3 | Annex I, part II, point 1.3 |
| Annex I, part II, point 1.3.1 | Annex I, part II, point 1.3.1 |
| Annex I, part II, point 1.3.2 | Annex I, part II, point 1.3.2 |
| Annex I, part II, point 1.3.3, points (i) and (ii) | Annex I, part II, point 1.3.3, points (a) and (b) |
| Annex I, part II, point 1.4 | Annex I, part II, point 1.4 |
| Annex I, part III | Annex I, part III |
| Annex II | Annex II |
| Annex III | Annex III |
| — | Annex IV |
| — | Annex V |