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3. In paragraph (1) of regulation 2 (interpretation)—
(a)the definition of “Directive 80/777” is deleted;
(b)immediately after the definition of “Directive 2003/40” there is inserted the following definition—
““Directive 2009/54” means Directive 2009/54/EC of the European Parliament and of the Council on the exploitation and marketing of natural mineral waters (Recast)(1);”; and
(c)for the definition of “natural mineral water” there is substituted the following definition—
““natural mineral water” means water which—
(a)is microbiologically wholesome;
(b)originates in an underground water table or deposit and emerges from a spring tapped at one or more natural or bore exits;
(c)can be clearly distinguished from ordinary drinking water on account of the following characteristics having been preserved intact because of the underground origin of the water, which origin shall have been protected from all risk of pollution—
(i)its nature, which is characterised by its mineral content, trace elements or other constituents and, where appropriate, by certain effects, and
(ii)its original purity; and
(d)is for the time being recognised pursuant to and in accordance with regulation 4;”.
OJ No. L164, 26.6.2009, p.45.
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