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
Date: 1994-10-14
Institutions: European Commission
Subjects: approximation of laws, human nutrition, labelling, marketing, mineral water, technical regulations

COMMISSION OF THE EUROPEAN COMMUNITIES 

COM(94)  423  final 
Brussels,  14.10.1994 
94/0235  (COD) 

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) 

EXPLANATORY  MEMORANDUM 

1.  MOTIVATION  FOR THE  PROPOSAL  IN TERMS OF  SUBSIDIARITY 

1.  What are the objectives of the action envisaged  in relation to the obligations of the 

Community? 

At the European Council held in Edinburgh on  11-12 December  1992, the Heads of State 
and  Government  took  note  of  the  intention  of  the  Commission  to  rationalize  certain 
Directives,  the  provisions  of  which  may  be  unnecessarily  detailed,  and  which,  in 
accordance  with  the  new  approach,  could  be  replaced  by  Directives  limited  to  the 
essential  requirements  necessary  to  ensure  the  free  movement  of  goods  within  the 
Community  (Part  A,  Annex  2  point  2  of  the  Presidency  conclusions).  One  of  the 
Directives mentioned was Directive 80/777/EEC on the approximation  of the laws of the 
Member States relating to the exploitation and marketing of natural mineral waters(1). The 
present proposal  is intended  to fulfil  the undertakings  given  by  the Commission  in this 
respect. 

2  Does  the  action  envisaged  result  from  an  exclusive  Community  competence  or  a 
competence  which  is shared  between  the Community  and  the  Member  States? 

The action  envisaged  results from  an  exclusive Community  competence. 

3.  What  is the Community  dimension  of the  problem? 

Adopted  in  1980, Directive  80/777/EEC  has harmonized  the laws of the Member  States 
relating to the exploitation  and marketing of natural mineral waters. The adoption of the 
Directive represented a major step forward, taking into account the substantial  differences 
in the provisions previously existing in the Member States. The Directive is based on the 
principle of mutual  recognition.  It ensures the free  circulation  of natural mineral waters, 
ensures  a  high  level  of  protection  of  the  consumer,  and  also  provides  the  European 
consumer with the possibility  of a wide choice of different  natural  mineral  waters. 

Since the adoption of the Directive, the annual  consumption of natural mineral waters in 
the Community has expanded dramatically and steadily from  8 000 million litres in 1980 
to approximately  22 000 million litres today.  Information  about the production of natural 
mineral  waters is summarised  in  Annex  I. 

There  are  more  than  one  thousand  different  natural  mineral  waters  recognised  in  the 
Community.  This  recognition,  which  is carried  out  by  the  competent  authorities  of the 
Member  States, is a prerequisite to their marketing.  In order to ensure transparency,  the 
Commission  publishes in the Official  Journal  of the European  Communities lists of the 
recognitions of natural  mineral  waters granted by Member  States. The references  to the 
relevant  Official  Journals are set  out in Annex  II. 

(i)  OJ  No L  229, 30.8.1980,  p.  1. 

From the industrial  point  of view, the exploitation  of natural  mineral  water is clearly in 
expansion,  and  there  are  also  substantial  exports  of  European  natural  mineral  waters, 
notably  to North  America  and the Middle East. 

Directive 80/777/EEC relates to one food commodity, natural  mineral  waters, and in the 
conclusions  of the  Edinburgh  Summit,  this directive  was grouped  together  with  the so-
called  "vertical  directives",  establishing  quality  and  compositional  standards  for  fruit 
juices, marmalades,  honey, coffee  extracts, etc. However,  Directive 80/777/EEC  can be 
clearly  distinguished  from  this  group  of  directives  because  to  a very  large  extent  it  is 
already limited to the "essential requirements" which should be the subject of Community 
legislation. 

The  Directive  establishes  a  pre-marketing  approval  for  these  waters.  Through  the 
application  of  the  concept  of  mutual  recognition,  the  recognition  of  a  natural  mineral 
water  by  one  Member  State  provides  access  to  the  entire  Community  market.  The 
Directive  defines  the public health  criteria  for  the granting  of  recognition,  in  particular 
in  respect  of  the  definition  of  the  source  and  strict  requirements  for  the  absence  of 
chemical  or microbiological  contamination.  It also lays down certain specific  provisions 
concerning labelling, notably in order to avoid misleading the consumer in respect of the 
therapeutic properties of these waters and to avoid confusion  with other types of bottled 
waters. 

The  principles  that  inspired  Directive  80/777/EEC  during  its  preparation  were  later 
explicitly formulated  in the communications from  the Commission  on the free movement 
of foodstuffs  (Completion  of the Internal  Market: Community legislation  on  Foodstuffs, 
COM(85)  603  final,  Communication  on  the  free  movement  of  foodstuffs  within  the 
Community  (COM(89) 256  final)). 

Following  extensive  consultations, it became apparent that producers of natural  mineral 
waters were strongly  against any fundamental  changes in the basic principles underlying 
the Directive.  Indeed,  the Directive is perceived  by industry  as a valuable instrument  in 
promoting  the  image  of  natural  mineral  waters,  contributing  to  the  rapid  expansion  in 
sales  mentioned  above.  Consultation  with  the  social  partners,  (industry,  consumers, 
retailers, workers and  farmers)  produced  similar results. 

In  addition,  the  Commission  has undertaken  extensive  consultations  with  experts  from 
the Member  States, which  have  also  shown  that  there is little  support  for  fundamental 
changes to the Directive. 

The  Commission  has 
to 
therefore  concluded 
Directive  80/777/EEC  should be limited  in  scope, and should  consist  of: 

its  proposal 

that 

rationalize 

the  updating  of  certain  detailed  provisions  in  the  light  of  scientific  and  technical 
progress in the  14 years since .the Directive was first  adopted; 
bringing  certain  provisions  of  the  Directive  into  line  the  general  provisions  of 
Community  food  law. 

4.  What is the most efficacious  solution  in comparison with the means available to the 

Community  and  those  of the  Member States? 

The  Commission  considers  that  the  experience  acquired  since  the  adoption  of 
Directive  80/777/EEC  has  shown  that  it  is  an  efficacious  means  of  ensuring  the 
realisation  of  the  internal  market  for  natural  mineral  waters  in  a  manner  which  has 
allowed  production  and  sales  to  expand  considerably.  Radical  changes  to  the  existing 
Community  provisions,  or  their  abolition,  would  create  uncertainty  which  would  be 
harmful  to the long-term  interests  of producers  and  consumers.  On  the  other  hand,  the 
Commission  recognises  that  there  are  limits  to  the  extent  of  harmonization  which  is 
necessary  to achieve the internal  market. 

During  the  process  of  the  elaboration  of  the  proposal,  consideration  was  given  to  the 
further  harmonization  of  the  national  rules  concerning  the  types  of  therapeutic  claims 
which  may  be  made  on  the  labelling  of  natural  mineral  waters  in  accordance  with 
Article 9 of the Directive. However,  in view of the limited  practical  importance of this 
question,  and  the  very  different  approaches  adopted  by  the  Member  States,  the 
Commission  has  concluded  that  it  would  not  be  appropriate  to  bring  forward  further 
proposals on this point. 

The Commission  was also invited  by certain  Member  States and other interested  parties 
to consider extending the scope of the Directive to cover bottled waters other than natural 
mineral  waters, in particular  those products  which  are marketed  under the names  "eaux 
de  source",  "quellewasser",  "agua  de  manantial",  or  "spring  waters".  So  far  as  the 
composition  and  health  characteristics  of  such  waters  are concerned,  all  bottled  waters 
other  than  natural  mineral  waters  are  covered  by  Directive  80/778/EEC relating  to  the 
quality of water intended for human consumption(2). Although  some Member States have 
specific  legislation  on such waters, the rules differ  somewhat from  one Member State to 
another. The establishment of definitions at Community level could give rise to confusion 
and block further  developments in this area. The Commission  has therefore  decided not 
to propose including  such waters within  the scope of Directive  80/777/EEC. 

5.  What  is  the  concrete  added  value  provided  by  the  action  envisaged  by  the 

Community  and what would  be the cost of  inaction? 

The Commission proposals will permit the up-dating of Community legislation in respect 
of  natural  mineral  waters.  The failure  to  update Community  legislation  in  the  light  of 
scientific  and technological  developments would  constitute a barrier to innovation. 

6.  What  methods of action  are available  to the  Community? 

The amendment  of  Directive  80/777/EEC by  a further  Council  directive is required 

(2)  OJ  No L 229, 30.8.1980,  p. 11 

7.  Are uniform  rules necessary, or would a directive setting out general principles and 

leaving the implementation  to  Member  States  be  sufficient? 

As  noted  above,  the  Commission's  proposal  is  based  on  the  application  of  the  "new 
approach"  through  the  establishment  of  essential  requirements  to  ensure  the  safety  of 
natural  mineral  waters.  For  other  aspects,  the  Directive  and  the  proposal  for  its 
amendment  set out general  principles,  leaving the implementation  to Member  States. 

2  SPECIFIC  REMARKS 

The Commission's proposals for detailed changes to the Directive are summarized below. 

1.  The composition  of natural  mineral  waters 

the 

regarding 

composition  of  drinking  water 

Natural  mineral  waters  are  exempted  from  the  provisions  of  Directive  80/778/EEC  on 
drinking water for  human consumption.  Therefore,  the limits for the presence of various 
parameters 
established  by 
Directive  80/778/EEC  do not apply to natural  mineral  waters.  In practice, only a limited 
number of mineral waters exceed the parameters laid down by Directive 80/778/EEC, but 
in these cases it is precisely the higher levels of certain chemicals which give the waters 
the  properties  which  are  sought  after  by  consumers.  In  these  circumstances,  the 
Commission  does not consider that it would  be justified  to prohibit the marketing of all 
natural mineral waters which exceed the parameters laid down by Directive 80/778/EEC. 

risk 

to  public  health.  The  Commission  has 

On the other hand, it is necessary  to ensure that the natural  mineral  waters concerned do 
the 
not  present  a 
Scientific  Committee for  Food to study the question of the acceptability  from  the public 
health  point of view  of the presence  of certain mineral  constituents of  national  mineral 
waters,  and  the Committee  is actively  considering  this  question.  In  order to give  effect 
to the  recommendations  of the  Committee,  the Commission  is proposing  that  it  should 
be  possible  to  establish  agreed  Community-wide  limits  for  the  levels  of  certain 
constituents  in  natural  mineral  waters,  using  a  Committee  procedure.  In  addition,  the 
Commission  is  proposing  that,  where  necessary,  analytical  methods  should  be  adopted 
by  the  same  procedure  to  verify 
the  absence  of  chemical  or  microbiological 
contamination  of mineral  waters. 

requested 

2.  Treatment  of  natural  mineral  waters with  ozone 

Article 4(1) of Directive 80/777/EEC currently permits the separation of certain unstable 
elements by filtration or decanting, possibly preceded by oxygenation. One Member State 
has interpreted  this provision  as also permitting the use of ozone enriched air treatments 
in order to separate certain  elements from  the water.  The other  Member  States consider 
that  the current  text  of  the  Directive  does not  permit  such  treatments,  because  they  are 
not compatible with the natural  status of the mineral water. The Commission  is proposing 
that  the  Directive  should  be  amended  to  indicate  that  ozone  treatments  are  permitted, 
under strictly  defined  conditions  as regards possible health  effects  to be laid down  by a 
Commitee  procedure  following  consultation  of  the  Scientific  Committee  for  Food, 
provided  that the treatment  is specifically  controlled  by the competent  authorities. 

3.  Labelling of  natural  mineral  waters 

Currently, there is no obligation  to include a statement  of the analytical  composition  of 
natural  mineral  waters on  the labelling,  although  most producers  do in  fact  provide this 
information.  In the  interests  of  consumer  information,  the  Commission  is  proposing  to 
make the inclusion of such a statement obligatory. In addition, the proposal envisages that 
specific  provisions may  be laid  down,  Using a Committee procedure, to  ensure that the 
consumer is informed  of the presence of unusually  high levels of certain constituents in 
natural  mineral  waters. 

4.  Natural  mineral  waters  imported  from  third  countries 

Natural mineral waters extracted in third countries may be imported into the Community 
provided  that  they  have  been  recognised  by  the  competent  authority  of  one  of  the 
Member  States.  In  accordance  with  the  current  provisions  of  the  Directive,  this 
recognition  must be renewed every two years. Experience suggests that this requirement 
is unnecessarily  bureaucratic,  and  the  Commission  is therefore  proposing  that  renewal 
should  be required  only  once every  ten years. 

5.  General  provisions 

In order to align  the Directive  with  other Community  food  legislation, the Commission 
is  proposing  to  include  in  the  Directive  a  specific  obligation  to  consult  the  Scientific 
Committee for Food before the adoption of measures which may have an effect  on public 
health.  A  further  amendment  would  introduce  a  safeguard  clause  procedure  into  the 
Directive  in  order  to  provide  a  basis  for  rapid  decisions  at  Community  level  should 
serious problems of the contamination  of natural  mineral  waters arise. 

Finally,  in the light  of the developments in the case law of the Court  of Justice, it now 
appears  that  the  provisions  of  the  Directive  constitute  a  sufficient  basis  for  the  free 
movement of natural mineral waters within the Community. The Commission is therefore 
proposing  that  the  free  circulation  clause  contained  in  Article  10(1)  of  the  Directive 
should be made of general  application. Therefore  the possibility  allowed Member States 
to block  imports of  natural  mineral  waters from  other Member  States in  application  of 
non-harmonized  provisions should be repealed. 

Annex 1 

NATURAL MINERAL WATERS  IN THE EUROPEAN  UNION 

Production  and  consumption  in  1980 and  1992 * 

Production  Mio. 1. 

Consumption,  l.per  capita 

1980 

1992 

1980 

1992 

Country 

Belgium 

Denmark 

Greece 

Spain 

France 

427 

n.a. 

n.a. 

700 

n.a. 

n.a. 

785' 

1825 

2980 

5300 

Germany 

2355 

6315 

Ireland 

Italy 

Luxembourg 

Netherlands 

Portugal 

United  Kingdom 

n.a. 

20 

1510 

6500 

n.a. 

n.a. 

153 

n.a. 

n.a. 

66 

286 

370 

53 

n.a. 

n.a 

21 3 

49.5 

39.2 

n.a 

26 

n.a 

n.a. 

15.3 

n.a. 

105 

n.a. 

n.a. 

44 

80 

932 

6 

116 

n.a 

15 

29 

10 

53 

E.  U. 

8210 

21382 

36 

(*) 
1. 
2. 
n.a 

Source: Annual  Reports of GISEM-UNESEM,  for  1982 and  1993. 
for  1981. 
not  including  the new Lander 
not available. 

Annex II 

References  to the publication  in the Official  Journal  of the European  Communities 
of the lists of  natural  mineral  waters  recognized  by the  Member  States 
(29.6.1994) 

Member  State 

Reference  in  the  Official  Journal 

Belgium 

Denmark 

Germany 

Greece 

" 

Ï993 

C224 

19 08.1993 

'" 

1993 

C224 

19.08.1993 

Ï994 
1993 

Ï994 
1993 

C64 
C224 

C64 
C224 

02.03.1994 
19.08.1993 

02.03.1994 
19.08.1993 

"Spiîïï 

France 

Ireland 

Italy 

~~ 

1994 

CÏ76 

29.06.1994 

Ï994~ 
1994 
1993 

~CÏ76 
C64 
C224 

29.06.1994 
02.03.1994 
19.08.1993 

1993 

C224 

19.08.1993 

1992 
1990 
1990 

CÔÏ8 
C307 
CI 86 

24.01.1992 
07.12.1990 
27.07.199Ô 

Luxembourg 

1993 

C224 

19.08.1993 

"~~ 

Netherlands 

" 

1994 
1993 

C64 
C224 

02.03.1994 
19.08.1993 

Portugal 

Ï993 

C26Î 

25.09.1993 

United  Kingdom 

Î994 
1994 
1993 

CÎ76 
C64 
C224 

29.06.1994 
02.03.1994 
19.08.1993 

I 

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 

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  Commissi on0 \ 

Having  regard  to the  opinion  of  the  Economic  and  Social  Committee(2), 

Whereas Council  Directive  80/777/EEC(3) 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  rationalise 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; 

(3) 

OJ  No  L 229,  30.8.1980,  p.  1; as  last  amended  by  the  EEA  Agreement. 

9 

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: 

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

Article 1 

1. 

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  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  la  is inserted: 

"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  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. 

10 

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. 

5. 

6. 

Paragraph  4 of  Article 9 is deleted. 

Paragraph  2 of  Article  10 is deleted. 

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. 

4. 

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. 

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; 

II 

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(la).'\ 

8. 

The following  Article  1 la  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  ...  (4); 

prohibit trade in products not complying with this Directive with effect  from...  (5). 
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 twentieth  day following  that of its publication 
in the Official  Journal  of the European  Communities. 

This Directive is addressed  to the Member  States. 

Article 4 

Done at Brussels, 

For the European  Parliament 
The President 

For the Council 
The  President 

(4) 
(5) 

Date  12 months after  the date of  adoption. 
Date 24 months after  the date of adoption. 

12 

IMPACT ASSESSMENT  FORM 
THE  IMPACT OF THE PROPOSAL ON  BUSINESS 
with  special  reference  to  small  and  medium  sized  enterprises 

Title of proposal:  Proposal  for  a  Directive  of  the  European  Parliament  and  the  Council 
amending Council Directive 80/777/EEC of 15 July  1980 on the approximation of the laws 
of the Member States relating to the exploitation and marketing of natural mineral waters. 

Document Reference number: 111/5 5 02/93 

The proposal 

1. 

Taking account  of  the  principle  of  subsidiarity,  why  is  community legislation 
necessary in this area and  what are its main aims?. 

See Explanatory  Memorandum. 

The impact on business 

2. 

Who will be affected by the proposal? 

which sectors of business 

Those responsible  for  the placing on  the market  of natural  mineral  waters. 

which sizes  of  business (what  is  the  concentration of  small and  mediim 
sized firms) 

Although  there  are a limited  number  of  larger businesses,  the  sector  is primarily 
made  up  of  small  and  medium  sized  companies,  exploiting  a  single  source  of 
natural  mineral  waters. 

are  there particular  geographical areas  of  the  Community where  these 
businesses are found 

No. 

3. 

What will business have to do to comply with the proposal? 

Many of the changes proposed  are designed to clarify,  up-date, simplify  and bring 
the provisions of the Directive into line with the general  provisions of Community 
food  law.  As such  they  do not  impose  specific  obligations  on business. 

The  new  requirement  to  indicate  the  composition  of  the  water  on  the  labelling 
reflects  the  current  practice  of  most  producers,  will  not  require  any  additional 
analyses,  and  in  view  of  the  lengthy  implementation  periods  proposed,  will  not 
result in  significant  changeover  costs.  This is also the view  of industry. 

13 

4. 

What economic effects is the proposal is likely to have? 

on employment 

on investment and the creation of new businesses 

on the competitive position of businesses 

The natural mineral waters sector has expanded considerably since the adoption of 
Directive  80/777/EEC,  from  a total  annual  production  of  8 000  million  litres in 
1980 to 21  000 million in  1992. The producers attribute this expansion in part to 
the existence of harmonized rules guaranteeing the quality  of these products. 

It is unlikely  that the relatively  minor changes proposed by the Commission  will 
have  any  significant  direct  impact  on  the employment,  on  investment  or  on the 
competitive position  of businesses in this sector. 

5. 

Does  the proposal  contain measures to  take account  of  the specific situation of 
small and medium-sized firms (reduced or different requirements etc) ?. 

No.  All companies are treated equally,  independent of their size. 

( \msultation 

6. 

List the organisations which have been consulted about the proposal and outline 
their main  views. 

for  Food,  established  by 

The  Advisory  Committee 
the  Commission 
Decision  80/1073/EEC  of  24 October  1980,  was consulted  on 20 January  1994. 
industry,  consumers,  commerce, 
The  Committee  consists  of  representatives  of 
workers and agriculture. All the groups expressed general  support for the changes 
proposed by the Commission,  while not supporting the extension  of the directive 
at this time to cover spring waters. Following these and other representations, the 
Commission has decided to follow this advice, and has not included spring waters 
within the scope of  Directive 80/777/EEC. 

Additional  technical  consultations  were  held  with  GESEM/UNESEM,  which 
represents  the  interests  of  the  mineral  water  producers  at  Community  level 
GESEM/UNESEM  has favoured the update of the directive in the sense proposed 
by  the  Commission  to  preserve  its  main  characteristics  and  to  align  it  with  the 
"new approach" limiting itself to the essential  requirements, and therefore leaving 
flexibility  for the Member States and the operators. 

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ISSN 0254-1475 

COM(94) 423 final 

DOCUMENTS 

EN 

10 06 

I 

I  ; 
»  Î 

Catalogue number : CB-CO-94-448-EN-C 

ISBN 92-77-80947-7 

Office for Official Publîcatîozis of the European Communities 
L-2985 Luxembourg 

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