The Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) (Amendment) Regulations 2009

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations amend the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2007 (S.I. 2007/3165 (W.276)) (“the principal Regulations”) and in so doing implement Directive 2009/54/EC of the European Parliament and of the Council on the exploitation and marketing of natural mineral waters (Recast) (OJ No. L164, 26.6.2009, p.45).

2.  The Regulations amend the principal Regulations by—

(a) removing the definition of “Directive 80/777” from regulation 2(1) (interpretation), inserting a definition of “Directive 2009/54” and substituting a new definition of “natural mineral water” (regulation 3);

(b) substituting references to “Directive 2009/54” for the references to “Directive 80/777” that appear in specified provisions (regulation 4);

(c) making minor changes to the wording of regulation 8(1)(c) and (h) and (4), regulation 9(2)(c) and paragraph 4 of Schedule 4, to reflect minor differences between the provisions of Directive 2009/54 (which those domestic provisions now implement) and the corresponding provisions of Directive 80/777 (which those domestic provisions formerly implemented) (regulations 5, 6 and 7(1));

(d) substituting, for the provision under which spring water may be transported from spring to bottling plant in containers not for distribution to the ultimate consumer if water from the spring was so transported before 23 November 1996, one which changes that date to 13 December 1996 (regulation 7(2));

(e) substituting, for the provision under which natural mineral water and spring water must be free of specified organisms, one which lays down that such water must be free of such organisms both at source and during marketing (regulation 7(3)); and

(f) making certain minor corrections to the Welsh version of the principal Regulations (regulation 8).

3.  A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.