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
Date: 1996-06-13
Institutions: European Commission
Subjects: approximation of laws, marketing, mineral water, non-alcoholic beverage, quality standard

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 
2 
3 

COM(94) 423 final, 235 (COD). O.J. C 314,  11/11/1994, p. 4 
O.J. L 229, 30/8/1980, p. 1 
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  waters  and  spring 
waters in the manufacture of soft drinks." 

utilization  of  natural  mineral  water 
manufacture of soft drinks." 

in  the 

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 

L-2985 Luxembourg