Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 1999

Interpretation

2.—(1) In these Regulations—

“bottle” means a closed container of any kind in which water is sold for human consumption or from which water sold for human consumption is derived;

“bottled drinking water” means drinking water which is bottled;

“Directive 80/777” means Council Directive 80/777/EEC on the approximation of the laws of the member States relating to the exploitation and marketing of natural mineral waters(1) as amended by Directive 96/70/EC of the European Parliament and of the Council(2);

“Directive 80/778” means Council Directive 80/778/EEC relating to the quality of water intended for human consumption(3);

“drinking water” means water intended for sale for human consumption other than—

(a)

natural mineral water; or

(b)

water which is marked or labelled “spring water” in accordance with regulation 11;

“EEA Agreement” means the Agreement on the European Economic Area(4) signed at Oporto on 2nd May 1992, as adjusted by the Protocol(5) signed at Brussels on 17th March 1993;

“EEA State” means a State which is a Contracting Party to the EEA Agreement;

“effervescent natural mineral water” means natural mineral water which conforms with the supplementary qualifications in Section III of Annex I;

“the exploitation and bottling requirements” means—

(a)

the requirements in the first and second unlettered sub-paragraphs of paragraph 2 of Annex II; and

(b)

the requirement in regulation 8(5);

“natural mineral water” means water which—

(a)

is microbiologically wholesome;

(b)

originates in an underground water table or deposit and emerges from a spring tapped at one or more natural or bore exits;

(c)

can be clearly distinguished from ordinary drinking water by the characteristics referred to in paragraph 1 of Section 1 of Annex 1; and

(d)

is for the time being recognised for the purposes of Article 1 pursuant to regulation 4;

“the Order” means the Food Safety (Northern Ireland) Order 1991;

“parameter” means a property, element, organism or substance listed in the second column of the Tables in Part II of Schedule 3;

“prescribed concentration or value”, in relation to any parameter, means the concentration or value specified in relation to that parameter in the Tables in Part II of Schedule 3 as measured by reference to the unit of measurement so specified;

“recognised” means recognised in Northern Ireland;

“sell” includes possess for sale and offer, expose or advertise for sale.

(2) Other expressions used both in these Regulations and in Council Directive 80/777 or 80/778 have the same meaning in these Regulations as they bear in that Directive.

(3) Any reference in these Regulations to a numbered Article or Annex is a reference to the Article or Annex so numbered in Directive 80/777.

(4) The Interpretation Act (Northern Ireland) 1954(6) shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

(1)

O.J. No. L229, 30.8.80, p. l; as amended by Directive 96/70/EC of the European Parliament and of the Council

(2)

O.J. No. L229, 23.11.96, p. 26

(3)

O.J. No. L229, 30.8.80, p. 11

(4)

O.J. No. L1, 3.1.94, p. l

(5)

O.J. No. L1, 3.1.94, p. 571