The Water Supply (Water Quality) Regulations (Northern Ireland) 2007

Application and introduction of substances and products

30.—(1) In this regulation—

“the Directive” means Council Directive 89/106/EEC on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products(1);

“EEA State” means a State which is a contracting party to the agreement on the European Economic Area signed at Oporto on 2nd May 1992(2) as adjusted by the Protocol signed at Brussels on 17th March 1993(3);

“European technical approval” means a favourable technical assessment of the fitness for use of a construction product for an intended use, issued for the purposes of the Directive by a body authorised by an EEA State to issue European technical approvals for those purposes and notified by that body to the European Commission; and

“harmonised standard” means a standard established as mentioned in the Directive by the European standards organisation on the basis of a mandate given by the European Commission and published by the Commission in the Official Journal of the European Communities.

(2) Subject to paragraph (3), the water undertaker shall not apply any substance or product to, or introduce any substance or product into, water which is to be supplied for regulation 4(1) purposes unless it has been approved by the Secretary of State under regulation 31(4) of the Water Supply (Water Quality) Regulations 2000(4).

(3) A substance or product which, at the time of its application or introduction, bears an appropriate CE marking in accordance with the Directive, or conforms to—

(a) an appropriate harmonised standard or European technical approval; or

(b) an appropriate British Standard or some other national standard of an EEA State which provides an equivalent level of protection and performance,

may be applied or introduced, notwithstanding that it has not been approved by the Secretary of State under regulation 31(4) of the Water Supply (Water Quality) Regulations 2000, but any such application or introduction shall be subject to—

(i)

such national conditions of use restricting the dosing concentration as are for the time being in force in relation to such substances and products pursuant to a determination of the Secretary of State by an instrument in writing; and

(ii)

such other requirements, within the meaning of Council Directive 98/34/EC, as amended(5) (which lays down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services), in relation to such substances and products, as have been communicated to the Commission in the form of a draft technical regulation in accordance with Article 8 of that Directive, and whose adoption by a Member State has also been communicated to the Commission.

(1)

O.J. No. L40, 11.2.89, p. 12

(2)

Cmnd 2073

(3)

Cmnd 2183

(4)

S.I. 2000/3184

(5)

O.J. No. L204, 21.7.98, p. 37, amended by Council Directives 98/48/EC (O.J. No. 217, 5.8.98, p. 18)