The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999

Part II E+W Natural mineral waters extracted from the ground in a country other than an EEA State

1.  A person seeking to have a water which is extracted from the ground in a country other than an EEA State recognised as a natural mineral water for the purposes of Article 1 shall make application in writing to the Minister, giving the particulars set out in paragraph 2 below. E+W

2.  The particulars to be given are– E+W

(a) the particulars in paragraph 1.1 of Section II of Annex I;

(b) any other information showing that the requirements in paragraph 1.2 and 1.3 of the said Section II are established in accordance with that Section; and

(c) such evidence as is satisfactory to show that the water contains no substance named in column 2 (parameters) of Table B in Schedule 3 opposite any of item numbers 1 to 9 in column 1 of the said Table in an amount, expressed in the unit of measurement specified opposite that substance in column 3 of that Table, which exceeds the maximum concentration specified opposite that substance in column 4 of that Table.

3.  In so far as particulars of any of the anions, cations, non-ionised compounds or trace elements specified in column 1 of Schedule 2 are required to be given pursuant to paragraph 2 above the concentration of each such anion, cation, non-ionised compound or trace element shall, in those particulars, be expressed in the unit of measurement specified opposite it in column 2 of that Schedule. E+W

4.  The Minister shall not recognise such a water unless the responsible authority of the country in which the water is extracted has certified that– E+W

(a) it is satisfied–

(i) that the requirements in paragraph 1.2 and 1.3 of Section II of Annex I are established by analysis in accordance with that Section; and

(ii) with the evidence given pursuant to sub-paragraph (c) of paragraph 2 above; and

(b) periodic checks are made to ascertain that–

(i) the water is natural mineral water which complies with paragraph 3 of Section I of Annex I;

(ii) the characteristics of the water are assessed in accordance with–

(aa) the points set out in paragraph (a) of the first unlettered sub-paragraph of paragraph 2 of Section I of Annex I;

(bb) the requirements and criteria listed in Section II of Annex I; and

(cc) recognised scientific methods; and

(iii) the provisions of paragraphs 2 and 3 of Annex II are being applied by the person exploiting the spring.

5.  Recognition of such a water shall lapse after a period of five years unless the responsible authority of the country in which the water is extracted has renewed the certification required by paragraph 4 above. E+W

6.  The Minister shall, on recognising a water in accordance with this Part of this Schedule, publish an announcement of such recognition in the London Gazette and the Edinburgh Gazette. E+W