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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007 (“the 2007 Regulations”) and implement Directive 2009/54/EC of the European Parliament and of the Council on the exploitation and marketing of natural mineral waters (Recast) which repeals and re-casts Directive 80/777/EEC on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters.

The Regulations amend the 2007 Regulations by—

(a) omitting the definition of “Directive 80/777” from paragraph (1) of regulation 2 (interpretation) and inserting one of “Directive 2009/54” into that paragraph and amending the 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 in regulations 8(1)(c) and (h) and (4) and 9(2)(c) and of paragraph 4 of Schedule 4, to reflect minor differences between the provisions of Directive 80/777 which those domestic provisions formerly implemented and the corresponding provisions of Directive 2009/54 (regulations 5, 6 and 8(a));

(d) correcting a typographical error in paragraph (c)(i) of regulation 16 (regulation 7);

(e) 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 23rd November 1996, one which changes that date to 13th December 1996 (regulation 8(b)); and

(f) clarifying the provision under which natural mineral water and spring water must be free of specified organisms, to provide that such water must be free of them both at source and during marketing (regulation 8(c)).

No regulatory impact assessment has been produced for this instrument as no impact on the private or voluntary sectors is foreseen.