CELEX: 51995PC0563
Language: en
Date: 1995-11-29
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, 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)
 ---pagebreak---  ---pagebreak---                               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.
 ---pagebreak--- 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.
 ---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
  Original Commission Proposal                                 Amended Proposal
         Article 1 paragraph 1
In Article 1(2), the third sub-paragraph is 1         In Article 1(2), the third sub-paragraph is
replaced by the following:                            replaced by the following:
"The validity of the certification referred to        "The validity of the certification referred to
in the second subparagraph may not exceed             in the second subparagraph may not exceed
a period of 10 years. It shall not be                 a period of five years. It shall not be
necessary to repeat the recognition                   necessary to repeat the recognition
procedure referred to in the first                    procedure referred to in the first
subparagraph if the certification is renewed          subparagraph if the certification is renewed
before the end of the said period. "                  before the end of the said period. "
 ---pagebreak---          Article 1 paragraph 2
In Article 4, the following paragraph la is 2. Article 4 is replaced by :
inserted :
                                                                "Article 4
"la.    In addition, the separation of iron,   1.      Natural mineral water, in its state at
        manganese and sulphur compounds        source, may not be the subject of any
        and arsenic by treatment with ozone    treatment other than:
        enriched air shall be permitted, in so
        far as such treatment does not alter   (a)     the separation of its unstable
        the composition of the water as                elements, such as iron and sulphur
        regards the essential constituents             compounds,         by     filtration    or
        which give it its properties, and              decanting, possibly preceded by
        provided that:                                 oxygenation, in so far as this
                                                       treatment does not alter the
              the treatment complies with              composition of the water as regards
              the conditions for use to be             the essential constituents which give
              laid down in accordance with             it its properties;
              the procedure laid down in
              Article 12;                      (b)     the separation of iron, manganese
                                                       and sulphur compounds and arsenic
              the treatment is specifically            by treatment with ozone enriched air
              controlled by the competent              in so far as such treatment does not
              authorities."                            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.
                                               (c)     the      separation    of      undesirable
                                                       constituents      other      than    those
                                                       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 dioxide by exclusively
                                                        physical methods;
 ---pagebreak---                                                       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;
                                                      3.      In particular, any disinfection
                                                      treatment by whatever means and, subject to
                                                      paragraph 2, the addition of bacteriostatic
                                                      elements or any other treatment likely to
                                                      change the viable colony count of the
                                                      natural mineral water shall be prohibited.
                                                      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.            In Article 7, paragraph 2 is replaced by the
   replaced by the following:                         following:
   "2.     Labels on natural mineral waters           "2.     Labels on natural mineral waters
   shall also give the following mandatory            shall also give the following mandatory
   information:                                       information:
           (a)   a statement of the analytical                (a)   a statement of the analytical
                 composition,      giving     its                   composition,       giving     its
                 characteristic constituents;                       characteristic constituents;
           (b)   the place where the spring is                (b)   the place where the spring is
                 exploited and the name of the                      exploited and the name of the
                  spring.                                           spring.
   3.      In the absence of Community                        (c)   information on any treatments
   provisions, Member States may also                               referred to in points (a), (b)
   introduce      provisions    which     require                   and (c) of Article 4(1). other
   information on any treatments referred to in                     than filtration. "
   point (a) of Article 4(1)."
                                                           Article 1 paragraph 3 a (new)
                                                  3a. In Article 7, paragraph 3 is deleted.
 ---pagebreak---                                                      Article 1 paragraph 3b (new)
                                        3b. In article 9, the following paragraph 4a is
                                        inserted:
                                                "4a. The term "spring water" shall be
                                                reserved to a water which is intended for
                                                human consumption in its natural state
                                                which satisfies:
                                                              the conditions of exploitation
                                                              laid down in Annex II; Nos. 2,
                                                              3 and 4,
                                                              the              microbiological
                                                              requirements laid down in
                                                              Article 5,
                                                              the labelling requirements of
                                                              Article 8, and
                                                              has    not     undergone    any
                                                              treatment other than those
                                                              referred to in Article 4
                                                In addition, spring waters shall comply with
                                                the provision of directive 80/778/EEC."
4. Paragraph 4 of Article 9 is deleted. Deleted
 ---pagebreak---             Article 1 paragraph 7
7. Article 11 is replaced by the following:      Article 11 is replaced by the following:
                 "Article 11                                    "Article 11
   The following may be adopted in               The following may be adopted in
   accordance with the procedure laid down in    accordance with the procedure laid down in
   Article 12:                                   Article 12:
           limits for the levels of constituents         limits for the levels of constituents,
           of natural mineral waters;                    of natural mineral waters;
          any necessary provisions for the               any necessary provisions for the
           indication on the labelling of high           indication on the labelling of high
           levels of certain constituents;               levels of certain constituents;
          methods of analysis, including limits         methods of analysis, including limits
          of detection, to determine the                of detection, to determine the
          absence of pollution of natural               absence of pollution of natural
          mineral waters;                               mineral waters;
          the sampling procedures and the               the sampling procedures and the
          methods of analysis necessary for             methods of analysis necessary for
          checking        the    microbiological        checking        the     microbiological
          characteristics of natural mineral            characteristics of natural mineral
          waters;                                       waters;
          the conditions of use of ozone                the conditions of use of ozone
          enriched      air referred       to in        enriched      air   referred     to  in
                         M
          Article 4(la).                                Article 4(lb).
                                                        the information on the treatments
                                                        referred to in Article 7 paragraph 2
                                                        (SÙ1
 ---pagebreak---                                                                    ISSN 0254-1475
                                                             COM(95) 563 final
                                              DOCUMENTS
EN                                                                        06 10
                                     Catalogue number : CB-CO-95-629-EN-C
                                                              ISBN 92-77-96621-1
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