Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 1999

Recognition as natural mineral water

4.—(1) Water is recognised for the purposes of Article 1 where—

(a) in the case of water extracted from the ground in Northern Ireland, it is recognised for those purposes by a district council, such recognition having been granted in accordance with Part 1 of Schedule 1;

(b) in the case of water extracted from the ground in Great Britain, it is recognised there for those purposes by a responsible authority of Great Britain;

(c) in the case of water extracted from the ground in an EEA State other than the United Kingdom, it is recognised there for those purposes by a responsible authority of that EEA State; and

(d) in the case of water extracted from the ground in a country other than an EEA State—

(i) it is recognised for those purposes by the Department, such recognition having been granted in accordance with Part II of Schedule 1; or

(ii) it has an equivalent recognition, given by a responsible authority, in—

(aa) Great Britain; or

(bb) an EEA State other than the United Kingdom.

(2) Where, in relation to any water after it has been recognised for the purposes of Article 1 in accordance with Schedule 1, it is found—

(a) that, by analysis in accordance with Section II of Annex 1, the requirements as to demonstration and determination in paragraph 1.3 of that Section are not met; or

(b) that the exploitation and bottling requirements are not met,

a district council or, as the case may be, the Department, may withdraw that recognition until such time as the said requirements are met.

(3) Where a district council decides either not to grant or to withdraw recognition of a water for the purposes of Article 1 the person who exploits the relevant spring, or if different, the person who owns land on which the relevant spring is situated, may apply, in the case of a water extracted from the ground in Northern Ireland to the Department for a review of that decision.

(4) Upon an application for review of a decision being made pursuant to paragraph (3) the Department shall make such inquiry into the matter as may seem to it appropriate, and, having considered the results of that inquiry and any relevant facts elicited by it, shall either confirm the decision or direct the district council to grant or restore, as appropriate, recognition of the water in question for the purposes of Article 1, and in the case of such a direction the district council shall thereupon comply with the said direction.

(5) Upon the grant or withdrawal of recognition for the purposes of Article 1 pursuant to this regulation the Department shall inform the Minister of Agriculture, Fisheries and Food of such grant or withdrawal, for onward transmission to the Commission of the European Community.

(6) A person who exploits a spring in Northern Ireland or in a country other than an EEA State from which there is extracted water which is recognised for the purposes of Article 1, such recognition having been granted in accordance with Schedule 1, may apply to the Department or district council, as appropriate, to have that recognition withdrawn.

(7) The publication in the Official Journal of the European Community of the name of any water as that of a natural mineral water recognised in the Community for the purposes of Article 1 shall, save where recognition was granted in accordance with Schedule 1, be conclusive evidence that that water is recognised for the purposes of that Article.

(8) For the purposes of paragraph (3) “relevant spring” means the spring from which, pursuant to a permission given under regulation 6(1)(b) or to the seeking of recognition under the Natural Mineral Waters Regulations (Northern Ireland) 1985(1), there is extracted water in respect of which—

(a) an application for recognition for the purposes of Article 1 in accordance with Part I of Schedule 1 has been made but not granted; or

(b) recognition for the purposes of Article 1 has been withdrawn.

(9) Schedule 2 shall have effect for the purposes specified for it in Schedule 1.

(1)

S.R. 1985 No. 120; amending Regulations are S.R. 1991 Nos 203 and 344, S.R. 1992 No. 464 and S.R. 1996 No 383.