The Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) (Scotland) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, amend the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999 (S.I. 1999/1540, as already amended) (“the 1999 Regulations”). Regulations 1 to 10, 12 to 14 and 16 of these Regulations come into force on 31st March 2003 and regulations 11, 15 and 17 come into force on 25th December 2003.

These Regulations implement Council Directive 98/83/EC on the quality of water intended for human consumption (O.J. No. L 330, 5.12.98, p.32) in so far as it applies to spring water and bottled drinking water. They also further implement Council Directive 80/777/EEC on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters (O.J. No. L 229, 30.8.80, p.1) as amended by Directive 96/70/EC of the European Parliament and of the Council (O.J. No. L 229, 23.11.96, p.26).

These Regulations amend the 1999 Regulations by–

(a) inserting into regulation 2 a definition of Directive 98/83/EC and amending the definition of “drinking water” (regulation 3(a)(ii) and (iii));

(b) modifying the conditions for withdrawal of recognition of a natural mineral water under regulation 4(2) in order to allow withdrawal of recognition if the content of the water no longer meets prescribed requirements in relation to toxic limits (regulation 5(a));

(c) imposing requirements on food authorities to inform the Food Standards Agency when natural mineral water recognitions are granted or withdrawn or when the trade description or name of a spring is changed (regulation 5(b) and (c));

(d) amending the labelling requirements for natural mineral water to clarify that the bottle must be labelled (regulation 7(c));

(e) amending the provisions on spring water to clarify the labelling requirements and water content requirements (regulation 8);

(f) amending the provisions on bottled drinking water to clarify the labelling and bottling requirements (regulation 9);

(g) imposing on food authorities the requirement to comply with the monitoring provisions in article 7 of Directive 98/83/EC (regulation 10(a));

(h) introducing new methods of analysis in accordance with article 7.5 of Directive 98/83/EC (regulation 11);

(i) making provision for offences in relation to contravention of requirements referred to in paragraphs (e) and (f) above (regulation 12);

(j) adding a defence in relation to exports to EEA states if the export complies with Directive 98/83/EC (regulation 13(a));

(k) amending the requirements for recognition of natural mineral waters in Schedule 1 (regulation 15);

(l) amending the requirements for spring water and drinking water including the setting of new prescribed concentrations or values of parameters in accordance with Directive 98/83/EC by inserting a new Schedule 3 into the 1997 Regulations (regulation 17 and Schedule);

(m) making amendments to correct minor errors (regulations 3(b), 10(b) and 16); and

(n) making other minor consequential amendments (regulations 3(a)(i) and (c), 4, 6, 7(a) and (b), 10(c), 13(b) and (c) and 14).

The provisions in Table A of the new Schedule 3 have been notified in draft to the European Commission under Directive 98/34/EC of the European Parliament and the Council laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services.

A Regulatory Impact Assessment, which includes a compliance cost assessment of the effect which these Regulations have on business costs, has been prepared and has been placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency, 6th Floor, St. Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.