COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 29.11.1995 
COM(95) 563 final 
94/0235 (COD) 
Amended proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
amending 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 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
In response to the opinion of the European Parliament delivered on 10 October 1995 on the 
proposal for European Parliament and Council Directive (EC) amending 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 and in accordance with Article 189a of the EC treaty, 
the Commission has decided to amend the above mentioned proposal. 
The Commission has accepted amendments nos. 1 and 4 concerning 
the duration of validity of the certification for the recognition of the waters from third 
countries, 
the deletion of the paragraph deleting the paragraph 4 of article 9 of the existing 
Directive 80/777/EEC. 
The Commission has accepted in principle the amendments nos. 5, 7, 8, and 9 relating to 
the following areas, subject to some changes in the wording : 
the treatments allowed for natural mineral waters. 
The Commission can agree with the Parliament that a clarification of the treatments 
used for natural mineral waters is necessary. However, the amendment put forward by 
the Parliament suppresses parts of paragraph 1 and paragraphs 2 and 3 of the existing 
article 4 of the Directive 80/777/EEC. The Commission considers that they form an 
essential part of the Directive and also since the Parliament did not specifically discuss 
the consequences of the elimination of these provisions of the Directive, the 
Commission considers that they should be maintained. 
the requirements for labelling the treatments used for natural mineral waters. 
The Commission agrees with the Parliament on the need for Community provisions to 
better inform the consumer as regards the treatments used in natural mineral waters. 
However, making compulsory the indication of every treatment might result in 
confusion, particularly as filtration are used virtually in all natural mineral waters and 
thus this would result in unnecessary long and confusing labelling requirements. 
the regulation of the term "spring waters". 
The Commission can accept this amendment subject to the clarification that these spring 
waters continue to be subject to the general rules for all drinking water established in 
Directive 80/778/EEC. 
The Commission has not accepted amendment no. 6 establishing that the parameters for toxic 
substances for drinking water in Directive 80/778/EEC should also apply to natural mineral 
waters. 
The Commission considers it is inappropriate simply to refer to the drinking water directive. 
Directive 80/778/EEC excludes natural mineral waters from its scope. In its recent proposal 
of modification of this directive 80/778/EEC, the Commission has maintained the exclusion 
of the natural mineral waters from the scope of this Directive. 
Natural mineral waters are tested and authorized by the competent health authorities. 
According to the Directive 80/777 in force, natural mineral water can be clearly 
distinguished from ordinary drinking water by its nature, which is characterized by its 
mineral content, trace elements or other constituents, and by its original state. As a result, it 
may have properties favourable to health. The fact that a mineral water's mineral salt 
concentration exceeds the quantity laid down for drinking water does not necessarily means it 
constitutes a health risk, since it is the total intake of a substance that determines its 
harmfulness. It would be wrong to make a sweeping judgement inconsistent with the existing 
directive which has proven itself over many years. Natural mineral waters which have been 
consumed for many years, perhaps for centuries, and are highly sought after, cannot be 
placed out of the market without detailed consideration. The appropriate way forwards is a 
thorough scientific examination. The Commission has already organized such a consultation. 
The Commission's original proposal for modification of the existing directive makes 
provision for the necessary instruments for this. 
Amended Proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
amending 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 
Original Commission Proposal Amended Proposal 
Article 1 paragraph 1 
In Article 1(2), the third sub-paragraph is 1 
replaced by the following: 
"The validity of the certification referred to 
in the second subparagraph may not exceed 
a period of 10 years. It shall not be 
necessary to repeat the recognition 
procedure referred to in the first 
subparagraph if the certification is renewed 
before the end of the said period. " In Article 1(2), the third sub-paragraph is 
replaced by the following: 
"The validity of the certification referred to 
in the second subparagraph may not exceed 
a period of five years. It shall not be 
necessary to repeat the recognition 
procedure referred to in the first 
subparagraph if the certification is renewed 
before the end of the said period. " 
Article 1 paragraph 2 
In Article 4, the following paragraph la is 2. 
inserted : Article 4 is replaced by : 
"Article 4 
"la. In addition, the separation of iron, 
manganese and sulphur compounds 
and arsenic by treatment with ozone 
enriched air shall be permitted, in so 
far as such treatment does not alter 
the composition of the water as 
regards the essential constituents 
which give it its properties, and 
provided that: 
the treatment complies with 
the conditions for use to be 
laid down in accordance with 
the procedure laid down in 
Article 12; 
the treatment 
controlled by 
authorities." is specifically 
the competent 1. Natural mineral water, in its state at 
source, may not be the subject of any 
treatment other than: 
(a) the separation of its unstable 
elements, such as iron and sulphur 
compounds, by filtration or 
decanting, possibly preceded by 
oxygenation, in so far as this 
treatment does not alter the 
composition of the water as regards 
the essential constituents which give 
it its properties; 
(b) the separation of iron, manganese 
and sulphur compounds and arsenic 
by treatment with ozone enriched air 
in so far as such treatment does not 
alter the composition of the water as 
regards the essential constituents 
which give it its properties, and 
provided that : 
the treatment complies with the 
conditions for use to be laid 
down in accordance with the 
procedure laid down in Article 
12; 
the treatment is specifically 
controlled by the competent 
authorities. 
(c) the separation of undesirable 
constituents other than those 
specified in (a) or (b), provided that 
the treatment complies with the 
conditions for use to be laid down in 
accordance with the procedure laid 
down in Article 12. 
(d) the total or partial elimination of free 
carbon dioxide by exclusively 
physical methods; 
2. Natural mineral water, in its state at 
source, may not be the subject of any 
addition other than the introduction or the 
reintroduction of carbon dioxide under the 
conditions laid down in Annex I, section III; 
3. In particular, any disinfection 
treatment by whatever means and, subject to 
paragraph 2, the addition of bacteriostatic 
elements or any other treatment likely to 
change the viable colony count of the 
natural mineral water shall be prohibited. 
4. Paragraph 1 shall not constitute a 
bar to the utilization of natural mineral 
water in the manufacture of soft drinks. " 
Article 1 paragraph 3 
3. In Article 7, paragraphs 2 and 3 are 3. 
replaced by the following: 
"2. Labels on natural mineral waters 
shall also give the following mandatory 
information: In Article 7, paragraph 2 is replaced by the 
following: 
"2. Labels on natural mineral waters 
shall also give the following mandatory 
information: 
(a) a statement of the analytical 
composition, giving its 
characteristic constituents; (a) a statement of the analytical 
composition, giving its 
characteristic constituents; 
(b) the place where the spring is 
exploited and the name of the 
spring. 
3. In the absence of Community 
provisions, Member States may also 
introduce provisions which require 
information on any treatments referred to in 
point (a) of Article 4(1)." (b) the place where the spring is 
exploited and the name of the 
spring. 
(c) information on any treatments 
referred to in points (a), (b) 
and (c) of Article 4(1). other 
than filtration. " 
3a. Article 1 paragraph 3 a (new) 
In Article 7, paragraph 3 is deleted. 
Article 1 paragraph 3b (new) 
3b. In article 9, the following paragraph 4a is 
inserted: 
"4a. The term "spring water" shall be 
reserved to a water which is intended for 
human consumption in its natural state 
which satisfies: 
the conditions of exploitation 
laid down in Annex II; Nos. 2, 
3 and 4, 
the microbiological 
requirements laid down in 
Article 5, 
the labelling requirements of 
Article 8, and 
has not undergone any 
treatment other than those 
referred to in Article 4 
In addition, spring waters shall comply with 
the provision of directive 80/778/EEC." 
4. Paragraph 4 of Article 9 is deleted. Deleted 
Article 1 paragraph 7 
7. Article 11 is replaced by the following: 
"Article 11 Article 11 is replaced by the following: 
"Article 11 
The following may be adopted in 
accordance with the procedure laid down in 
Article 12: 
limits for the levels of constituents 
of natural mineral waters; 
any necessary provisions for the 
indication on the labelling of high 
levels of certain constituents; 
methods of analysis, including limits 
of detection, to determine the 
absence of pollution of natural 
mineral waters; 
the sampling procedures and the 
methods of analysis necessary for 
checking the microbiological 
characteristics of natural mineral 
waters; 
the conditions 
enriched air 
Article 4(la).M of use of ozone 
referred to in The following may be adopted in 
accordance with the procedure laid down in 
Article 12: 
limits for the levels of constituents, 
of natural mineral waters; 
any necessary provisions for the 
indication on the labelling of high 
levels of certain constituents; 
methods of analysis, including limits 
of detection, to determine the 
absence of pollution of natural 
mineral waters; 
the sampling procedures and the 
methods of analysis necessary for 
checking the microbiological 
characteristics of natural mineral 
waters; 
the conditions 
enriched air 
Article 4(lb). of use of ozone 
referred to in 
the information on the treatments 
referred to in Article 7 paragraph 2 
(SÙ1 
ISSN 0254-1475 
COM(95) 563 final 
DOCUMENTS 
EN 06 10 
Catalogue number : CB-CO-95-629-EN-C 
ISBN 92-77-96621-1 
Office for Official Publications of the European Communities 
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