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
Date: 1995-11-29
Institutions: European Commission
Subjects: approximation of laws, human nutrition, labelling, marketing, mineral water, technical regulations

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  29.11.1995 
COM(95)  563  final 

94/0235  (COD) 

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 

(presented  by  the  Commission  pursuant  to  Article  189 a (2) 
of  the  EC-Treaty) 

EXPLANATORY  MEMORANDUM 

In response to the opinion of the European Parliament delivered on  10 October  1995 on the 
proposal  for  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 waters and in accordance with Article  189a of the EC treaty, 
the Commission has decided to amend the above mentioned proposal. 

The Commission has accepted amendments nos.  1  and 4 concerning 

the duration  of validity  of the certification  for  the recognition of the waters  from  third 
countries, 
the deletion of the paragraph  deleting  the paragraph  4 of article  9 of the  existing 
Directive  80/777/EEC. 

The Commission has accepted in principle the amendments nos. 5, 7, 8, and 9 relating to 
the following  areas, subject to some changes in the wording : 

the treatments  allowed for  natural mineral waters. 
The  Commission  can  agree  with  the  Parliament  that  a  clarification  of  the  treatments 
used  for  natural  mineral  waters  is  necessary.  However,  the  amendment  put  forward  by 
the  Parliament  suppresses  parts  of  paragraph  1 and  paragraphs  2  and  3  of  the  existing 
article  4  of  the  Directive  80/777/EEC.  The  Commission  considers  that  they  form  an 
essential  part  of  the  Directive  and  also  since  the  Parliament  did  not  specifically  discuss 
the  consequences  of  the  elimination  of  these  provisions  of  the  Directive, 
the 
Commission  considers  that they  should be  maintained. 

the requirements for  labelling the treatments used for  natural mineral waters. 
The  Commission  agrees  with  the  Parliament  on  the  need  for  Community  provisions  to 
better  inform  the  consumer  as  regards  the  treatments  used  in  natural  mineral  waters. 
However,  making  compulsory  the  indication  of  every  treatment  might  result  in 
confusion,  particularly  as  filtration  are  used  virtually  in  all  natural  mineral  waters  and 
thus this  would  result  in unnecessary  long and confusing  labelling  requirements. 

the regulation of the term  "spring waters". 
The  Commission can  accept this  amendment  subject  to the clarification  that  these  spring 
waters  continue  to  be  subject  to  the  general  rules  for  all  drinking  water  established  in 
Directive  80/778/EEC. 

The Commission has not accepted amendment no. 6 establishing that the parameters for toxic 
substances for drinking water in Directive 80/778/EEC  should also apply to natural mineral 
waters. 

The Commission considers it is inappropriate  simply to refer  to the drinking water directive. 
Directive  80/778/EEC  excludes natural mineral waters from  its scope. In its recent proposal 
of  modification  of  this directive  80/778/EEC,  the Commission  has maintained  the exclusion 
of the natural mineral waters from the scope of this Directive. 

Natural  mineral  waters  are  tested  and  authorized  by  the  competent  health  authorities. 
According  to  the  Directive  80/777  in  force,  natural  mineral  water  can  be  clearly 
distinguished  from  ordinary  drinking  water  by  its  nature,  which  is  characterized  by  its 
mineral content,  trace elements or other constituents,  and by its original  state. As a result,  it 
may  have  properties  favourable  to  health.  The  fact  that  a  mineral  water's  mineral  salt 
concentration exceeds the quantity laid down for drinking water does not necessarily  means it 
constitutes  a  health  risk,  since  it  is  the  total  intake  of  a  substance  that  determines  its 
harmfulness.  It would be wrong to make a sweeping judgement inconsistent with the existing 
directive  which has proven  itself  over many  years.  Natural  mineral  waters  which have been 
consumed  for  many  years,  perhaps  for  centuries,  and  are  highly  sought  after,  cannot  be 
placed  out  of  the  market  without  detailed  consideration.  The  appropriate  way  forwards  is a 
thorough  scientific  examination.  The Commission has already  organized  such a consultation. 
The  Commission's  original  proposal  for  modification  of  the  existing  directive  makes 
provision for the necessary instruments for this. 

EUROPEAN PARLIAMENT AND COUNCIL  DIRECTIVE 

Amended Proposal for a 

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 

Original Commission  Proposal 

Amended Proposal 

Article  1  paragraph 1 

In  Article  1(2),  the  third  sub-paragraph  is  1 
replaced  by the  following: 

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 
recognition 
necessary 
procedure 
first 
the 
subparagraph  if  the  certification  is  renewed 
before  the end  of the  said period. " 

to 
referred 

repeat 

the 

to 

in 

"The  validity  of  the  certification  referred  to 
in the  second  subparagraph  may  not  exceed 
a  period  of  five  years.  It  shall  not  be 
recognition 
necessary 
procedure 
first 
the 
subparagraph  if  the  certification  is  renewed 
before  the end of the  said period. " 

to 
referred 

repeat 

the 

to 

in 

Article  1  paragraph 2 

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

Article 4 is replaced by : 

"Article 4 

"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 
controlled  by 
authorities." 

is  specifically 
the  competent 

1. 
Natural  mineral  water,  in  its  state  at 
source,  may  not  be  the  subject  of  any 
treatment  other  than: 

(a) 

(b) 

(c) 

of 

by 

filtration 

separation 

the 
its  unstable 
elements,  such  as  iron  and  sulphur 
compounds, 
or 
decanting,  possibly  preceded  by 
this 
in  so 
oxygenation, 
treatment 
the 
composition  of  the  water  as  regards 
the  essential  constituents  which  give 
it its properties; 

far  as 
alter 

does 

not 

the  separation  of  iron,  manganese 
and  sulphur  compounds  and  arsenic 
by  treatment  with  ozone  enriched  air 
in  so  far  as  such  treatment  does  not 
alter  the  composition  of  the  water  as 
the  essential  constituents 
regards 
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; 

treatment 
the 
controlled  by 
authorities. 

is  specifically 
the  competent 

of 

than 

separation 

undesirable 
the 
constituents 
those 
other 
specified  in  (a)  or  (b),  provided  that 
the 
treatment  complies  with 
the 
conditions  for  use  to  be  laid  down  in 
accordance  with  the  procedure  laid 
down  in Article  12. 

(d) 

the total  or partial  elimination  of  free 
carbon 
exclusively 
dioxide 
physical  methods; 

by 

2. 
Natural  mineral  water,  in  its  state  at 
source,  may  not  be  the  subject  of  any 
addition  other  than  the  introduction  or  the 
reintroduction  of  carbon  dioxide  under  the 
conditions  laid down in Annex I,  section III; 

In 

any 

particular, 

3. 
disinfection 
treatment by whatever  means  and,  subject  to 
paragraph  2,  the  addition  of  bacteriostatic 
elements  or  any  other  treatment  likely  to 
change 
the 
natural mineral water  shall be  prohibited. 

the  viable  colony  count  of 

4. 
Paragraph  1  shall  not  constitute  a 
bar  to  the  utilization  of  natural  mineral 
water  in the manufacture  of  soft  drinks. " 

Article  1 paragraph  3 

3. 

In  Article  7,  paragraphs  2  and  3  are  3. 
replaced  by the  following: 

In  Article  7,  paragraph  2  is  replaced  by  the 
following: 

"2. 
Labels  on  natural  mineral  waters 
shall  also  give  the  following  mandatory 
information: 

"2. 
Labels  on  natural  mineral  waters 
shall  also  give  the  following  mandatory 
information: 

(a) 

(b) 

a  statement  of  the  analytical 
its 
composition, 
characteristic  constituents; 

giving 

the  place  where  the  spring  is 
exploited  and  the  name  of  the 
spring. 

In 

the  absence  of  Community 
3. 
also 
provisions,  Member  States  may 
introduce 
require 
provisions  which 
information  on any  treatments  referred  to  in 
point  (a) of  Article 4(1)." 

(a) 

(b) 

(c) 

a  statement  of  the  analytical 
its 
composition, 
characteristic  constituents; 

giving 

the  place  where  the  spring  is 
exploited  and  the  name  of  the 
spring. 

information  on  any  treatments 
referred 
to  in  points  (a),  (b) 
and  (c)  of  Article  4(1).  other 
than filtration. " 

Article  1  paragraph 3 a (new) 

3a. 

In Article 7,  paragraph  3 is deleted. 

Article  1  paragraph 3b (new) 

In  article  9,  the  following  paragraph  4a  is 

3b. 
inserted: 

"4a.  The  term  "spring  water"  shall  be 
reserved  to  a  water  which  is  intended  for 
human  consumption 
its  natural  state 
which  satisfies: 

in 

microbiological 
in 
laid  down 

the  conditions  of  exploitation 
laid  down  in Annex  II;  Nos.  2, 
3 and 4, 
the 
requirements 
Article  5, 
the  labelling  requirements  of 
Article  8,  and 
has 
not 
undergone 
than 
treatment  other 
referred  to in Article  4 

any 
those 

In addition,  spring  waters  shall  comply  with 
the provision  of directive  80/778/EEC." 

4. 

Paragraph 4 of Article 9 is deleted. 

Deleted 

Article  1  paragraph 7 

7. 

Article  11 is replaced by the  following: 

Article  11 is replaced by the  following: 

"Article 11 

"Article 11 

following  may 

The 
in 
accordance  with  the procedure  laid  down  in 
Article  12: 

adopted 

be 

following  may 

The 
in 
accordance  with  the  procedure  laid  down  in 
Article  12: 

adopted 

be 

limits  for  the  levels  of  constituents 
of natural  mineral waters; 

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 
the 
of  detection, 
absence  of  pollution  of  natural 
mineral  waters; 

to  determine 

the 
the  sampling  procedures  and 
methods  of  analysis  necessary  for 
checking 
microbiological 
characteristics  of  natural  mineral 
waters; 

the 

the  conditions 
air 
enriched 
Article 4(la).M 

of  use  of  ozone 
in 
referred 

to 

any  necessary  provisions 
the 
indication  on  the  labelling  of  high 
levels of certain constituents; 

for 

methods  of  analysis,  including  limits 
the 
of  detection, 
absence  of  pollution  of  natural 
mineral  waters; 

to  determine 

the 
the  sampling  procedures  and 
methods  of  analysis  necessary  for 
checking 
microbiological 
characteristics  of  natural  mineral 
waters; 

the 

the  conditions 
air 
enriched 
Article  4(lb). 

of  use  of  ozone 
in 
referred 

to 

treatments 
the  information  on  the 
referred  to  in  Article  7  paragraph  2 
(SÙ1 

ISSN 0254-1475 

COM(95) 563  final 

DOCUMENTS 

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06  10 

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ISBN 92-77-96621-1 

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