COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 13.06.1996 
COM(96) 276 final 
94/0235 (COD) 
OPINION OF THE COMMISSION 
pursuant to Article 189 b (2) (d) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding 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 
AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 189 a (2) of the EC Treaty 

OPINION OF THE COMMISSION 
The Commission presented on October 1994 a proposal for a 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 waters1. This 
proposal updates certain provisions of the existing directive on natural mineral waters of 19802. 
The proposal has followed the codecision procedure established in Article 189b of the EC 
Treaty. 
On 22 May 1996 the European Parliament delivered its opinion on the Council's Common 
Position3 on this proposal. 
The European Parliament has proposed in its opinion two amendments. In accordance with 
Article 189b of the EC Treaty, the Commission delivers the following opinion on these two 
amendments. 
On 30 January 1996, the Commission had expressed its agreement with the Council's Common 
Position (Communication from the Commission to the European Parliament, SEC(96) 172 
final). 
The Commission is willing to accept amendment number 1. The Commission would prefer 
however to locate the contents of this amendment in the article of the directive where the 
definitions and all the requirements for spring waters are grouped together. With the wording of 
the amendment, this would be the first time the term "spring waters" would appear in the 
Directive (in Article 4) while the definition and all the other requirements would appear later 
on, in Article 9. The Commission attaches a lot of importance to the clarity of the legal texts of 
the EU. 
As regards amendment number 2, although the Commission considers that it does not represent 
a substantial change, it is prepared to accept it in a spirit of compromise. 
1 COM(94) 423 final, 235 (COD). O.J. C 314, 11/11/1994, p. 4 
2 O.J. L 229, 30/8/1980, p. 1 
3 O.J. C 59, 28/2/96, p. 44 
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 
Council's Common Position Amended proposal 
Article 1, paragraph 2 (Article 4, paragraph 4) 
"4. Paragraph 1 shall not constitute a bar to the "4. Paragraph 1 shall not constitute a bar to the 
utilization of natural mineral water in the utilization of natural mineral waters and spring 
manufacture of soft drinks." waters in the manufacture of soft drinks." 
Article I, paragraph 5 (Article 9, paragraph 4a, first indent) 
satisfies the conditions of exploitation 
laid down in Annex II, paragraphs 2 
and 3, satisfies the conditions of exploitation 
laid down in Annex II, paragraphs 2 
and 3, which will be fully applicable to 
spring waters, 
ISSN 0254-1475 
COM(96) 276 final 
DOCUMENTS 
EN 06 10 
Catalogue number : CB-CO-96-284-EN-C 
ISBN 92-78-05501-8 
Office for Official Publications of the European Communities 
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