OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE 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
Date: 1995-02-23
Institutions: European Economic and Social Committee
Subjects: approximation of laws, beverage, beverage industry, drinking water, marketing













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51995AC0196

OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE 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  


Official Journal C 110 , 02/05/1995 P. 0055 





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(95/C 110/14)On 7  November 1994 the Council decided to consult the  Economic and Social Committee, under Article  100a of the Treaty establishing the European Economic  Community, on the abovementioned proposal. The Section for Protection of the Environment, Public Health and Consumer Affairs, which was  instructed to prepare the Committee's work on the subject, drew up its Opinion on 31  January 1995  (Rapporteur: Mr de Paul de Barchifontaine; Co-Rapporteurs: Mr Decaillon and Mr Green). At its 323rd Plenary Session (meeting of 23  February 1995), the Economic and Social Committee  adopted the following Opinion, with three votes against and four abstentions. 1. Introduction 1.1. At the European Council held in Edinburgh on 11/12  December 1992,  the Heads of State or Government were briefed by the Commission on its intention to rationalize  certain Directives, the provisions of which may be unnecessarily detailed, and which could be  replaced by Directives comprising the essential requirements necessary to ensure free movement of  goods within the Community. 1.2. One of the Directives mentioned was Directive  80/777/EEC. 2. General comments 2.1. The Committee endorses the proposed Directive amending Council Directive  80/777/EEC. The Committee notes with satisfaction that the lay-out of the Explanatory Memorandum in  the form of questions and answers makes it much easier to read. 2.2. The Directive under review deals with the exploitation and marketing of natural mineral waters  and one of the objectives is to ensure a high level of consumer protection. The Directive enables  EU consumers to choose freely between different natural mineral waters. This freedom of choice is  enhanced if the consumer is properly informed. The abovementioned 'essential requirements' of  European legislation must take account of the need to ensure that this information is provided. 2.3. There could, in the Committee's view, be some confusion between the different types of water  and clear distinctions should therefore be drawn between 'spring water', 'natural mineral water',  'treated water', 'tap water', 'surface water', etc., i.e. between water which is drinkable in its  natural state and other water. 2.4. In the Committee's view the term 'natural mineral water' constitutes a seal of quality which  it is absolutely essential to preserve. 2.5. The consumption of natural mineral water in the EC has risen from 8 bn. litres in 1980 to 22  bn. litres in 1994. This expansion clearly shows that consumers do not regard all types of water as  being similar and highlights the fact that their expectations with regard to water need to be  fulfilled. 2.5.1. With this in mind it is essential for water used for human consumption, whether bottled or  'from the tap', to offer a high level of protection. It is the Committee's view that the Council  should ask the Scientific Committee for Food to review the parametric values set out in this  Directive and to bring them into line with the current state of scientific knowledge, in order to  provide the consumer with the highest level of health protection. 2.6. In the Committee's view, it would be beneficial to have access to statistics on imports and  exports of bottled water, broken down by type of water. This is particularly important in view of  the fact that the Commission is proposing the introduction of more favourable conditions in respect  of the certification of natural mineral water imported from non-EU states. 2.7. The labelling of natural mineral waters must be comprehensive and accurate enough to avoid any  confusion with other types of bottled waters, and have regard to the conditions laid down in the  Food Labelling Directive 79/112/EEC. 2.8. The Committee welcomes the desire expressed by the Commission to keep EU legislation abreast  of scientific and technical progress. 2.9. It is, in the Committee's view, vital to ensure that the consumer is not misled in any way.  The designation 'natural mineral water' must mean what it says. In this context it should be noted  that the greatest possible care and prudence clearly have to be exercised when treating water with  ozone-enriched air. 2.10. In the Committee's view Directive 80/777/EEC, which is based on Article  100a of the Treaty  establishing the European Community, provides for a high level of health protection. This aspect  cannot be ignored, particularly as the drinking of 'natural mineral water' is often a first step  towards adopting a more healthy lifestyle. 2.11. The question of the quantities in which natural mineral water is packaged is not covered by  the Directive. These quantities should, however, be set with a view to ensuring that the contents  are consumed by a given deadline; otherwise there is a risk of micro-organisms developing. One way  of solving this problem would be to include on the packaging a suggested time limit by which the  contents should be consumed once the packaging has been opened. Reference should be made to the  Codex with regard to this matter. 2.12. The Committee would like 'spring water', too, to be covered by Directive 80/777/EEC as it is  essential to make a clear distinction between water which is drinkable in its natural state and  other water. 3. Specific comments 3.1. The Committee welcomes the provision in the proposed new Article  1(2)  that certification of natural mineral waters imported from non-EU states is to be valid for a  period of up to ten years; it would, however, make the proviso that adequate regular inspections  should be carried out and that the findings of these inspections be kept for a sufficiently long  period. 3.2. The proposed new Article  4(1a) refers to the separation of unstable constituents; the  Committee considers that reference should also be made to the separation of 'undesirable  constituents', in order to take account of advances in the field of toxicology, subject to the  proviso that these constituents are removed using methods authorized under the Directive being  considered. 3.3. In the Committee's view, there is a need to specify the conditions to be observed with regard  to the process of separating iron, manganese, sulphur and arsenic compounds by treatment with  ozone-enriched air and to ensure that these conditions are strictly applied, as it is vitally  necessary to preserve the essential characteristics of water so treated after it has been bottled. 3.4. The Committee proposes the following amendments to the proposed new Article  7(2): - amend indent (a) to read as follows 'a statement of the analytical composition, giving the  characteristic constituents of the mineralization, expressed in milligrams per litre, in accordance  with the results of the official analysis carried out as part of the recognition process'; - add the following at the end of indent (b): 'in the case of natural mineral waters imported from  non-EU states the name of both the place and the country shall be given'. 3.4.1. The Committee considers that it should be mandatory in all cases for the labelling of  natural mineral waters to list any treatment that the water has undergone, in order to avoid any  grounds for misapprehension and to guarantee fair trade; the proposed amendment to Article  7(3)  does not make such mandatory provision but leaves it up to the Member States to take such action. 3.4.2. There should, however, never be any question of making specific reference to the processes  of decantation and filtration since these processes have always been used to treat both mineral  water and tap water. 3.5. Under the proposed new Article  11 the Scientific Committee for Food is to be consulted on  'the limits for the levels of constituents of natural mineral waters'. In the Committee's view, it  would be perfectly appropriate for the Scientific Committee for Food also to be consulted in  respect of the definition of the abovementioned 'undesirable constituents'. Done at Brussels, 22  February 1995. The Presidentof the Economic and Social CommitteeCarlos FERRER