Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) Regulations (Northern Ireland) 2003

Explanatory Note

(This note is not part of the Regulations.)

These Regulations, which amend the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 1999 (S.R. 1999 No. 301 “the principal Regulations”), implement, in relation to spring water and bottled drinking water, Council Directive 98/83/EC relating to the quality of water intended for human consumption (O.J. No. L330, 5.12.1998, p. 32).

These Regulations amend the principal Regulations by –

(a) in regulation 2(1) (the main interpretation provision), amending the definitions of “bottle”, ?OQ?parameter and “prescribed concentration or value”, inserting a definition of “Directive 98/83” and substituting a new definition of “drinking water” (regulation 3(a)),

(b) substituting a revised version of regulation 2(2), so as to remove otiose wording and make a drafting improvement (regulation 3(b)),

(c) adding a transitional provision (regulation 2(5)) which lays down how the terms “Schedule 3”, “parameter” and “prescribed concentration or value”, as used in regulation 2(1), are to be construed prior to 25th December 2003 (regulation 3(c)),

(d) inserting a provision (regulation 2(6)) prescribing how references in the principal Regulations to the marking or labelling of a bottle are to be construed (regulation 3(c)),

(e) modifying the wording of paragraph (c) of regulation 3 (exemptions) (regulation 4),

(f) modifying paragraph (2) of regulation 4 (recognition as natural mineral water) by including in it an additional ground on which recognition of water as a natural mineral water may be withdrawn (regulation 5(a)),

(g) substituting a revised version of paragraph (5) of regulation 4 so as to impose an obligation on district councils to inform the Food Standards Agency when they recognise or withdraw recognition of water as a natural mineral water (regulation 5(b)),

(h) inserting a requirement (new regulation 4(7A)) that district councils have to inform the Food Standards Agency of notifications to them of changes as regards trade descriptions of natural mineral water or names of springs or origin (regulation 5(c)),

(i) clarifying regulations 5 (prohibition on sale) and 10 (labelling of natural mineral water) (regulations 6 and 7),

(j) substituting a revised version of regulation 11 (spring water) so as to modify the requirements relating to the bottling and sale of spring water and the marking and labelling of bottles bearing the description “spring water”; adding a transitional provision laying down how the term “Schedule 3”, as used in regulation 11, is to be construed prior to 25th December 2003; and adding a mutual recognition provision in respect of spring water bottled in an EEA State other than the United Kingdom (regulation 8),

(k) substituting a revised version of regulation 12 (bottled drinking water) so as to modify the requirements relating to the bottling and sale of bottled drinking water; adding a transitional provision laying down how the term “Schedule 3”, as used in regulation 12, is to be construed prior to 25th December 2003; and adding a mutual recognition provision in respect of bottled drinking water bottled in an EEA State other than the United Kingdom (regulation 9),

(l) substituting a revised version of paragraph (1) of regulation 13 (enforcement) so as to impose an obligation on district councils, from 25th December 2003, to monitor the quality of spring water and bottled drinking water in accordance with specified requirements of Directive 98/83/EC (regulation 10(a)),

(m) revising the criteria by reference to which water has to be assessed as part of the periodic checks required to be carried out on it to ensure that it is a natural mineral water which are set out in regulation 13(2) (regulation 10(b)),

(n) substituting a revised version of regulation 16 so as to provide that, with effect from 25th December 2003, the methods of analysis used to check compliance of spring water and bottled drinking water with Schedule 3 have to be carried out in accordance with Article 7.5 of Directive 98/83/EC (regulation 11),

(o) making consequential changes to regulations 17 and 18, which provide respectively for offences and penalties and defences (regulations 12 and 13),

(p) making a minor clarifying amendment to regulation 19(3) (which prohibits the sale of bottles of natural mineral water, spring water or bottled drinking water which are not marked or labelled in accordance with regulation 38 of the Food Labelling Regulations (Northern Ireland) 1996) (regulation 14),

(q) revising, from 25th December 2003, the particulars specified in Parts I and II of Schedule 1 (particulars required to be given by a person applying to have a water recognised as a natural mineral water) (regulation 15),

(r) correcting a typographical error in Schedule 2 (particulars of anions, cations, non-ionised compounds and trace elements) (regulation 16), and

(s) revising the requirements as regards spring water and bottled drinking water, including the requirements as regards prescribed concentrations or values of parameters, contained in Schedule 3 (regulations 17 to 21).

These Regulations include provisions notified to the European Commission under Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services (O.J. No. L204, 21.7.1998, p. 37).