The Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) (England) Regulations 2003

Amendments to the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999

13.  In regulation 18 (defences)—

(a) for sub-paragraph (b) of paragraph (1), there shall be substituted the following sub-paragraph—

“(b) if the water was intended for export to an EEA State, that—

(i) in the case of water bottled in a bottle marked or labelled with the term “spring water”—

(A) where the export was to take place before 25th December 2003, the legislation complies with the provisions of Directive 80/777 and whichever of Directives 80/778 and 98/83 is applicable in the State concerned, and

(B) where the export was to take place on or after that date, the legislation complies with the provisions of Directives 80/777 and 98/83, and

(ii) in the case of bottled drinking water—

(A) where the export was to take place before 25th December 2003, the legislation complies with the provisions of whichever of Directives 80/778 and 98/83 is applicable in the State concerned, and

(B) where the export was to take place on or after that date, the legislation complies with the provisions of Directive 98/83.”;

(b) in paragraph (2)(a), after the word “or” there shall be inserted the words “the bottle in which it was bottled was marked or”; and

(c) in paragraph (3), before the words “marked or labelled”, wherever they appear, there shall be inserted the words “bottled in a bottle”.