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