The Food (Amendment) (England) (EU Exit) Regulations 2019 No. 150

The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007 E+W

3.—(1) The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007 M1 are amended as follows.

(2) In regulation 2(1)—

[F1 (a) in the definition of “authorised activated alumina treatment” for paragraph (b) substitute—

“(b) in the case of natural mineral water or spring water brought into England from Scotland or Wales, a treatment which complies with Articles 1 to 3 of Commission Regulation (EU) No 115/2010;

(c) in the case of natural mineral water or spring water brought into England from Northern Ireland or from an EEA State, a treatment which complies with Articles 1 and 2 of Commission Regulation (EU) No 115/2010 as it has effect in EU law;

(d) in the case of natural mineral water or spring water brought into England from a country outside the UK and the EEA, a treatment which complies with Articles 1 and 2 of Commission Regulation (EU) No 115/2010;”;]

(b) in the definition of “authorised ozone-enriched air oxidation technique”, for paragraph (b) substitute—

“(b) in the case of water brought into England from other parts of the United Kingdom, a treatment that complies with the relevant bottled water legislation that applies in that part of the United Kingdom;”;

(c) omit the definition of “Directive 2003/40 M2 ”;

(d) after the definition of “relevant authority” insert—

““relevant bottled water legislation” means—

(a) in relation to Northern Ireland, the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015 M3 ;

(b) in relation to Scotland, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007 M4 ;

(c) in relation to Wales, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015 M5 ;”;

(e) after the definition of “sell” insert—

““third country” means any country, other than the United Kingdom, and includes—

(a) the Bailiwick of Guernsey;

(b) the Bailiwick of Jersey;

(c) the Isle of Man;”.

[F2 (3) For regulation 3(1)(d) substitute—

“(d) is a natural mineral water intended for—

(i) movement into Northern Ireland;

(ii) export to a third country.”.]

(4) In regulation 4—

(a) in paragraph (1)—

(i) in sub-paragraph (b), for “pursuant to Directive 2009/54 M6 ” substitute “ under the relevant bottled water legislation ”;

(ii) omit sub-paragraph (c);

(iii) in sub-paragraph (d)—

(aa) in the words before paragraph (i), for “country other than an EEA State” substitute “ third country ”;

[F3 (bb) for paragraph (ii) substitute—

“(ii) it has equivalent recognition in Northern Ireland granted by the Agency in accordance with regulation 4(2)(d)(i) of, and Part 2 of Schedule 1 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015, or

(iii) it has equivalent recognition in Scotland granted by the Agency in accordance with regulation 4(1)(d)(i) of, and Part 2 of Schedule 3 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007, or

(iv) it has equivalent recognition in Wales granted by the Agency in accordance with regulation 4(2)(d)(i) of, and Part 2 of Schedule 1 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015.”;]

(b) in paragraph (7)(b), for “country other than an EEA State” substitute “ third country ”;

(c) omit paragraph (8).

(5) Omit regulation 16(5)(a)(i) (together with the following “and”).

(6) In Schedule 3, in Part 2—

(a) in the heading, for “Country Other than an EEA State” substitute “ Third Country ”;

(b) in paragraph 1, for “country other than an EEA State” substitute “ third country ”.

(7) In Schedule 12, in paragraph 8(5)—

(a) in the definition of “certificate of conformity” omit paragraph (b) and the “or” immediately preceding it;

(b) in the definition of “declaration of conformity” omit paragraph (b) and the “or” immediately preceding it.

Textual Amendments

F1 Reg. 3(2)(a) substituted (31.12.2020 immediately before IP completion day) by The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 3(2)(a)

F2 Reg. 3(3) substituted (31.12.2020 immediately before IP completion day) by The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 3(2)(b)

F3 Reg. 3(4)(a)(iii)(bb) substituted (31.12.2020 immediately before IP completion day) by The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 3(2)(c)

Commencement Information

I1 Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 S.I. 2007/2785, relevant amending instruments are S.I. 2009/1598, 2010/433, 2011/451, 2018/352.

M2 OJ No. L 126, 22.5.2003, p. 34.

M3 S.R. 2015 No. 365, amended by S.R. 2017 No.201.

M4 S.S.I. 2007/483, relevant amending instruments are S.S.I. 2009/273, 2010/89, S.I. 2011/1043.

M5 S.I. 2015/1867 (W. 274), amended by S.I. 2017/935 (W. 229).

M6 OJ No. L 164, 26.6.2009, p. 45.