CELEX: 51996PC0276
Language: en
Date: 1996-06-13
Title: 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

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
 ---pagebreak---  ---pagebreak---                                           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
          COM(94) 423 final, 235 (COD). O.J. C 314, 11/11/1994, p. 4
2
          O.J. L 229, 30/8/1980, p. 1
3
          O.J. C 59, 28/2/96, p. 44
 ---pagebreak---                      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
 ---pagebreak---            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 water in the                 utilization of natural mineral waters and spring
    manufacture of soft drinks."                                waters in the manufacture of soft drinks."
                           Article I, paragraph 5 (Article 9, paragraph 4a, first indent)
               satisfies the conditions of exploitation                    satisfies the conditions of exploitation
               laid down in Annex II, paragraphs 2                         laid down in Annex II, paragraphs 2
               and 3,                                                      and 3, which will be fully applicable to
                                                                           spring waters,
 ---pagebreak---                                                                   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