A4-0195/95

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 (COM(94)0423 - C4-0176/94 - 94/0235(COD))

The proposal was approved with the following amendments:

(Amendment 1)

ARTICLE 1(1)

Article 1(2), third subparagraph (Directive 80/777/EEC)

>Original text>

The validity of the certification referred to in the second subparagraph may not exceed a period of ten 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.

>Text following EP vote>

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.

(Amendment 8)

ARTICLE 1(2)

Article 4 (Directive 80/777/EEC)

>Original text>

2. In Article 4, the following paragraph 1(a) is inserted:

>Text following EP vote>

2. Article 4 is replaced by the following:

>Original text>

"1a. 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 is specifically controlled by the competent authorities.¨

>Text following EP vote>

"A natural mineral water, as it emerges from the spring, may not be subject to any treatment, or have any substance added to it, other than the separation of unwanted or volatile constituents, such as iron, manganese, sulphur and arsenic compounds, by means of filtration or decantation, if necessary following aeration - including the use of ozone enriched air - in so far as such treatment does not alter the composition of the natural mineral water as regards the essential constituents which give it its properties.

The use of ozone enriched air must comply with the conditions for use to be laid down in accordance with the procedure laid down in Article 12 and must be specifically controlled by the competent authorities.

>Text following EP vote>

The separation or reduction of unwanted constituents must be carried out in accordance with the procedure laid down in Article 12."

(Amendment 9)

ARTICLE 1(3a) (new)

Article 8(3a) (new) (Directive 80/777/EEC)

>Text following EP vote>

3a. In Article 8, the following paragraph 3a is inserted:

'3a. The processes used for treating mineral water shall be labelled.'

(Amendment 7)

ARTICLE 1(3b) (new)

Article 9(1a) (new) (Directive 80/777/EEC)

>Text following EP vote>

3b. In Article 9, the following paragraph 1a is inserted:

>Text following EP vote>

'1a. The term 'spring water' shall apply to a water which is drinkable in its natural state, is bottled at the spring and is subject to the rules and checks laid down in Annex I, No 4, Annex II, Nos 2 and 3, and Articles 5 and 8 of this Directive, in so far as it has not received any other treatment, apart from filtration, decantation or aeration, and its labelling clearly distinguishes it from a natural mineral water.¨

(Amendment 4)

ARTICLE 1(4)

Article 9(4) (Directive 80/777/EEC)

>Original text>

4. Paragraph 4 of Article 9 is deleted.

>Text following EP vote>

Deleted

(Amendment 5)

ARTICLE 1(7)

Article 11, indent 5a (new) (Directive 80/777/EEC)

>Text following EP vote>

- the list and limits for the levels of unwanted elements.

(Amendment 6)

ARTICLE 1(8a) (new)

Annex I(II)(1.2.3.) (Directive 80/777/EEC)

>Text following EP vote>

8a. The following new paragraph is inserted after Annex I(II), (1.2.3)

>Text following EP vote>

'Parameters concerning toxic substances

>Text following EP vote>

The parameters concerning toxic substances set out in Annex I D in the Council Directive on the quality of water intended for human consumption (80/778/EEC)(1), shall also apply to the present Directive on natural mineral water.¨

(1) OJ L 229, 30.8.1980, p. 11.

Legislative resolution embodying Parliament's opinion on the 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 (COM(94)0423 - C4-0176/94 - 94/0235(COD))

(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to Parliament and the Council, COM(94)0423 - 94/0235(COD) ((OJ C 314, 11.11.1994, p. 4.)),

- having regard to Articles 189b(2) and 100a of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4-0176/94),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on the Environment, Public Health and Consumer Protection and the opinion of the Committee on Economic and Monetary Affairs and Industrial Policy (A4-0195/95),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189b(2) of the EC Treaty;

4. Should the Council intend to depart from the text approved by Parliament, calls on the Council to notify Parliament and requests that the conciliation procedure be initiated;

5. Points out that the Commission is required to submit to Parliament any modification it may intend to make to its proposal as amended by Parliament;

6. Instructs its President to forward this opinion to the Council and Commission.