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 (94/C 314/04) COM(94) 423 final - 94/0235(COD)

(Submitted by the Commission on 17 October 1994)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social Commitee,

Whereas Council Directive 80/777/EEC (1) has harmonized the laws of the Member States relating to the exploitation and marketing of natural mineral waters;

Whereas the primary purposes of any rules on natural mineral waters should be to protect the health of consumers, to prevent consumers from being misled and to ensure fair trading;

Whereas it is desirable to amend Directive 80/777/EEC to take account of technical and scientific progress since 1980; whereas it is also desirable to rationalize the provisions of that Directive with other provisions of Community food law;

Whereas it is necessary to extend the period of recognition for natural mineral waters originating from non-member countries in order to simplify the administrative procedures;

Whereas it is necessary to clarify the circumstances under which the use of air enriched in ozone may be permitted in order to separate unstable elements from natural mineral waters under conditions which will ensure that the composition of the water as regards its essential constituents is not affected;

Whereas the inclusion of the statement of the analytical composition of a natural mineral water should be made compulsory in order to ensure that consumers are informed;

Whereas it is advisable in order to ensure a smooth running of the internal market for natural mineral waters to introduce a procedure to allow for coordinated action between the Member States in cases of urgent situations which may present a risk to public health;

Whereas a procedure to lay down certain provisions of a detailed nature concerning natural mineral waters, notably in respect of the limits for the levels of certain constituents of natural mineral waters should be established; whereas provisions for the indication, on labelling, of high levels of certain constituents should also be adopted and methods of analysis, including limits of detection, to check the absence of pollution of natural mineral waters and sampling procedures and methods of analysis for checking the microbiological characteristics of natural mineral waters should be determined;

Whereas any decision on natural mineral waters likely to have an effect on public health should be adopted following consultation of the Scientific Committee for Food,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 80/777/EEC is hereby amended as follows:

1. In Article 1 (2), the third subparagraph is 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.`

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

'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.`

3. In Article 7, paragraphs 2 and 3 are 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;

(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).`

4. Paragraph 4 of Article 9 is deleted.

5. Paragraph 2 of Article 10 is deleted.

6. The following Article 10a is inserted:

'Article 10a

1. Where a Member State has detailed grounds for considering that a natural mineral water does not comply with the provisions laid down in this Directive, or endangers public health, albeit freely circulating in one or more Member States, that Member State may temporarily restrict or suspend trade in that product within its territory. It shall immediately inform the Commission and the other Member States thereof and give reasons for its decision.

2. At the request of any Member State or the Commission, the Member State which has recognized the water shall provide all relevant information concerning the recognition of the water, together with the results of the regular checks.

3. The Commission shall examine as soon as possible the grounds adduced by the Member State referred to in paragraph 1 within the Standing Committee for Foodstuffs, and then shall deliver its opinion forthwith and take appropriate measures.

4. If the Commission considers that amendments to this Directive are necessary in order to ensure the protection of public health, it shall initiate the procedure laid down in Article 12, with a view to adopting those amendments. The Member State which has adopted safeguard measures may, in that event, retain them until the amendments have been adopted.`

7. 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 of use of ozone enriched air referred to in Article 4 (1a).`

8. The following Article 11a is inserted:

'Article 11a

Any decision likely to have an effect on public health shall be adopted by the Commission following consultation of the Scientific Committee for Food.`

Article 2

Member States shall, where necessary, amend their laws, regulations or administrative provisions so as to:

- permit trade in products complying with this Directive by not later than . . . (2),

- prohibit trade in products not complying with this Directive with effect from . . . (3). However, trade in products placed on the market or labelled before that date and not conforming with this Directive may continue until stocks run out.

They shall immediately inform the Commission thereof.

Article 3

This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.

Article 4

This Directive is addressed to the Member States.

(1) OJ No L 229, 30. 8. 1980, p. 1. Directive as last amended by the EEA Agreement.

(2) 12 months after the date of adoption.

(3) 24 months after the date of adoption.